STATEMENT OF POLICY
1.1.1. The Company is an equal opportunities employer. This means that the Company is committed to a policy of treating all its employees and job applicants equally. It is the Company's policy not to discriminate unlawfully against any employee or job applicant on grounds of sex, race (including colour, nationality, national or ethnic origin, together referred to in this policy as "race"), religion (or similar philosophical belief), sexual orientation, marital or registered civil partnership status, gender reassignment, disability, age, pregnancy or maternity (together, the "Prohibited Grounds"), trade union membership or non-membership, or on grounds of fixed-term or part-time status.
1.1.2. Unlawful discrimination is a disciplinary offence and, depending on the seriousness of the incident, may lead to summary dismissal.
1.1.3. This policy does not give any contractual rights to employees or otherwise have contractual effect.
RESPONSIBILITY FOR EQUAL OPPORTUNITIES
2.1.1. The Head of HR shall have prime responsibility for implementing and monitoring this equal opportunities policy. Any queries on equal opportunities issues should be referred to the Head of HR.
2.1.2. Managers have a specific responsibility to set an appropriate standard of behaviour, to lead by example and to ensure that those they manage adhere to this policy and promote the aims and objectives of the Company regarding equal opportunities. Please refer to paragraph 1.5 below for further guidance.
2.1.3. All employees have a positive responsibility to comply with this policy and not discriminate against another employee or potential employee. In this policy, the word "employee" includes Directors and temporary or other contract or agency workers.
FORMS OF DISCRIMINATION
3.1.1. Discrimination can take the following main forms: -
3.1.2. Direct Discrimination - this occurs where a person is treated less favourably than another on Prohibited Grounds. For example, not promoting an employee because of his or her sex or race.
3.1.3. Indirect Discrimination - this occurs where a provision, criterion or practice is imposed on all employees or job applicants but has a disproportionate impact on one particular group who cannot comply with that provision to their detriment, and which cannot be justified on objective business grounds. For example, it may amount to indirect sex discrimination to require all job applicants to be over 5' 5" in height. Therefore, whenever the Company imposes a provision, criterion or practice, it must be able to justify it on grounds unrelated to the Prohibited Grounds. If so, it will not be discriminatory.
3.1.4. Disability Discrimination - A slightly different approach is adopted in the case of disability discrimination. Disability discrimination includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.
3.1.5. Victimisation - this occurs where an employee is penalised for having raised a discrimination complaint or concern in good faith or has assisted another in doing so. For example, disciplining an employee because he or she has given evidence to a Tribunal in support of a discrimination claim brought by a colleague.
3.1.6. Employees should not encourage, instruct, pressurise or support others to discriminate.
3.1.7. Part and fixed term work - Part-time and fixed-term employees should be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate) unless different treatment is justified.
GUIDANCE FOR MANAGEMENT
4.1.1. Managers should ensure that their decisions in any context can be justified on objective business grounds, which are not directly or indirectly related to Prohibited Grounds. Where Managers are concerned that there is a possible inference of discrimination arising from an intended decision, they should liaise with the Head of HR beforehand.
4.1.2. Where the Company is aware that an employee or job applicant has a disability, Managers must not directly discriminate on grounds of that disability and should ensure that any decision which may lead to less favourable treatment of an employee or job applicant because of something arising in consequence of the employee or job applicant's disability can be justified and that they have properly considered whether any reasonable adjustment(s) could be made.
4.1.3. Where Managers are in any doubt as to whether an intended decision may be discriminatory on the grounds of disability, they should liaise with the Head of HR. Managers should also check with the Head of HR, where they are uncertain as to whether a physical or mental illness or condition comprises a disability, or whether any reasonable adjustment(s) could be made.
EQUAL OPPORTUNITIES IN PRACTICE
5.1.1. Unlawful discrimination on Prohibited Grounds can occur in all aspects of the working relationship. It may occur in recruitment and selection, training and development, terms and conditions of employment offered, opportunities for promotion and job transfers, access to benefits and facilities, grievance and disciplinary procedures and termination of employment. Unlawful discrimination can occur even after employment has ended, for example, in the provision of references.
5.1.2. The Company will seek to ensure that unlawful discrimination does not play a part in any decision made in any aspect of the working relationship.
HARASSMENT
6.1.1. Harassment of a sexual nature or unwanted conduct related to a Prohibited Ground which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them is a disciplinary offence and depending on the seriousness of the incident may lead to summary dismissal. Employees should refer to the Company's Anti-Harassment and Bullying policy for further details.
MONITORING
7.1. The Head of HR is responsible for monitoring compliance with this policy.
PROCEDURE FOR DEALING WITH DISCRIMINATION-RELATED COMPLAINTS
8.1.1. Employees who believe that they have been discriminated against on Prohibited Grounds are encouraged to raise this issue under the Company's Grievance Procedure.
ANTI-HARASSMENT AND BULLYING POLICY
STATEMENT OF POLICY
9.1.1. Employee behaviour or conduct which involves the bullying or harassment of any fellow employee is unacceptable and will not be tolerated.
9.1.2. Bullying and harassment can interfere with an individual's work performance and create a hostile work environment. The Company recognises the problems that bullying and harassment can have upon health, confidence and morale. Furthermore, harassment of a sexual nature or on the grounds of sex, race (including colour, nationality, national or ethnic origin), religion (or similar philosophical belief), sexual orientation, pregnancy or maternity, marital or registered civil partnership status, gender reassignment, disability or age is unlawful discrimination, for which individual employees can be personally liable to pay compensation as well as the Company.
9.1.3. Bullying and harassment are disciplinary offences and, depending on the seriousness of the incident, may lead to summary dismissal. In more serious cases, harassment or bullying may constitute a criminal offence.
9.1.4. All employees have a positive responsibility to comply with this policy and ensure that its terms are put into effect. In this policy the word "employee" includes Members, Partners and temporary or other contract or agency workers.
9.1.5. This policy, including the procedures set out under sections 2.5 and 2.6 below, do not give any contractual rights to employees or
otherwise have contractual effect.
9.1.6. Any request for further information or queries concerning this policy should be directed to the Office Manager.
IDENTIFYING HARASSMENT AND BULLYING
10.1.1. Harassment is unwanted conduct (whether verbal, non-verbal or physical) of a sexual nature, or other conduct based on sex, race (including colour, nationality, national or ethnic origin), religion (or similar philosophical belief), sexual orientation, marital or registered civil partnership status, gender reassignment, disability, age, pregnancy or maternity (the "Prohibited Grounds"), which has the purpose or effect of:
10.1.2. violating the dignity of individuals at work; or
10.1.3. creating an intimidating, hostile, degrading, humiliating or offensive working environment.
10.1.4. All employees are asked to be sensitive to the feelings of others. Everyone reacts differently, and what may not be offensive to one person may be offensive to another. Actions become harassment if they are persisted in once it has been made clear that they are regarded by the recipient as unwanted. One incident alone may constitute harassment if sufficiently serious.
10.1.5. Harassment on Prohibited Grounds may be verbal, non-verbal or physical. Examples of unwanted conduct are:
10.1.6. persistent requests for social activities (after it has been made clear that such requests are unwelcome) or other persistent unwelcome attention of a personal nature;
- offensive and suggestive remarks;
- intimate questions;
- intrusion by pestering or spying;
- foul or obscene language;
- jokes, banter, teasing, innuendoes, nicknames, ridicule, gossip or insults;
- inappropriate comments about dress, appearance, physique or abilities;
- displaying or sending suggestive or offensive pictures, posters, objects or written materials, screen savers, graffiti, emails, SMS or instant messages;
- whistling and suggestive or offensive gestures;
- deliberate ignoring or isolation of, or non-cooperation with, a member of staff;
- inappropriate physical contact (ranging from touching to serious assault); and
- threats, assault or coercing sexual acts.
10.1.7. Bullying is offensive, intimidating, malicious or insulting behaviour intended to undermine, humiliate, denigrate or demean an employee. It can be direct or indirect, either verbal, physical or otherwise, and conducted by one or more persons against another or others. It does not include legitimate and constructive criticism of an employee's performance or behaviour. Examples of bullying could include one or more of the acts set out at paragraph 2.2.3 above but, in any event, would include an abuse or misuse of power, deliberately setting an individual up to fail and unjustified intimidation. Further, non-exhaustive, examples of behaviour which may constitute bullying are:
- threats, abuse, teasing, gossip and practical jokes;
- humiliation and ridicule either in private, at meetings or in front of customers/clients;
- name calling, insults, devaluing with reference to age or physical appearance;
- setting impossible deadlines;
- imposing excessive workloads;
- making unjustified criticisms;
- excessive monitoring;
- removing responsibilities;
- allocating menial and pointless tasks;
- withholding information; and
- refusing requests for leave, holiday or training without business reasons.
10.1.8. Employees are expected to behave in an appropriate manner at all times, including at events outside the workplace if the employee's presence is connected with his or her employment, for example, during a business trip or at social functions arranged on behalf ofCompany. The Company may take appropriate disciplinary action against any employee found responsible for bullying or harassment outside the workplace.
10.1.9. A breach of this policy will also occur where:
- an employee's refusal to submit, or submission to, harassment on Prohibited Grounds or bullying influences a decision which affects that employee's access to continued employment, benefits or facilities; opportunities for promotion or vocational training; or any other decision affecting their employment; or
- an employee is victimised or retaliated against on the basis that he/she has complained in good faith of harassment on Prohibited Grounds or bullying.
RESPONSIBILITY OF MANAGERS AND SUPERVISOR
11.1.1. Staff in supervisory or management positions must ensure that they are responsive, acting immediately if they become aware of any bullying or harassment taking place and supportive towards any employees who complain of bullying or harassment. Failure to do so will be treated as a failure to fulfil properly the responsibilities of their position and may lead to disciplinary action.
WHAT TO DO IF YOU ARE SUBJECT TO BULLYING OR HARASSMENT
12.1.1. Employees who believe they are victims of bullying or harassment are encouraged to make it clear to the perpetrator that they find their conduct unwelcome or offensive. To be most effective, this should be done shortly after the incident has occurred, wherever possible. In many cases this may be sufficient to stop the bullying or harassment. Employees are encouraged to speak to the Head of HR if they require assistance or support.
12.1.2. Where it is difficult or inappropriate to do this (for example, if the perpetrator is the employee's supervisor) the employee may pursue the matter informally (see section 2.5 below) or may make a formal complaint under the Company's Grievance Procedure (see section 2.6 below).
12.1.3. In order to protect the workforce as a whole and in appropriate cases only, it may be necessary for the Company to investigate a complaint, even where the employee bringing the complaint does not wish to take the matter further.
INFORMAL PROCEDURE
13.1.1. If it is too difficult or embarrassing for an employee to approach the perpetrator themselves, or where such an approach has been unsuccessful, they are encouraged to discuss the matter (on an informal basis) with the Head of HR, who may then (with the employee's agreement) make an informal approach to the perpetrator on the employee's behalf.
13.1.2. If the conduct continues, or if the employee considers it is not appropriate to resolve the problem informally, the employee should raise the complaint under the Company's Grievance Procedure.
FORMAL COMPLAINTS PROCEDURE
14.1. If you wish to raise a formal complaint, the matter should be raised under the Company's formal Grievance Procedure which can be found in a later section of the Employee Handbook.
DISCIPLINARY ACTION
15.1. As a result of a complaint from an employee, it may be necessary for the Company to take disciplinary action against the alleged perpetrator. The Company will take up this issue with those concerned. The penalty will depend on the particular facts of each case. Serious incidents of bullying or harassment can constitute gross misconduct for which an employee may be summarily dismissed.
15.2. Employees who, in good faith, make a complaint of bullying or harassment, or who otherwise provide evidence or assistance to another in relation to such a complaint, will be protected from victimisation or retaliation in connection with their involvement.
15.3. However, employees should be aware that if they raise complaints which are deliberately vexatious, they may become subject to proceedings under the Company's Disciplinary and Dismissal procedures.
TRANSFER & SUSPENSION
16.1. In appropriate cases, the Company may transfer either the perpetrator or the complainant to a different area or department which may result in a change or responsibilities and/or a loss of status. During any investigation the Company may suspend either or both employees involved on full pay and benefits, or temporarily redeploy them should the Company deem this necessary.
HARASSMENT OR BULLYING BY THIRD PARTIES
17.1. Where an employee is bullied or harassed by a customer or supplier or other business contact, he/she should raise this promptly with the Head of HR or under the Company's Grievance Procedure.
REVIEW
15.1 The Policy will be reviewed periodically not exceed 2 years.
Name: Managing Director
Position: Director
Date: January 2025
