1. PURPOSE
J A Stott (Carpentry) Ltd is committed to providing equal opportunities in employment and avoiding unlawful discrimination in employment and against our clients. This policy is intended to assist us putting this commitment into practice. Compliance with this policy should also ensure that both J A Stott (Carpentry) Ltd and employees do not commit unlawful acts of discrimination. This policy should be read in conjunction with our Dignity at Work Policy which sets out the expected standards of behaviour in work.
2. SCOPE
The policy applies to all J A Stott (Carpentry) Ltd employees.
3. POLICY STATEMENT
The introduction of the Equality Act brings together previous legislation such as the Race Relations Act and the Disability Discrimination Act and provides a more consistent approach to comply with the law.
Everyone is unique. Even though we may have things in common with each other, we may also be different in all sorts of ways. Differences include visible and non-visible factors, for example, personal characteristics such as background, culture, personality, work-style, size, accent, language and so on. A number of personal characteristics are covered by discrimination law to give people protection against being treated unfairly.
4. POLICY SUMMARY
It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, sex, gender reassignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These are known as “protected characteristics”. Discrimination after employment may also be unlawful, e.g. refusing to give a reference for a reason related to one of the protected characteristics.
Working together we can avoid the following types of unlawful discrimination, which have clear definitions under the Equality Act:
• Direct discrimination is defined as occurring where a person is treated less favourably than another because of a protected characteristic.
• Indirect discrimination occurs where applying requirements, conditions or practices which though applied equally have a disproportionate effect.
• Associative discrimination occurs when someone is directly discriminated against or harassed for association with someone who has a protected characteristic.
• Perceptive discrimination occurs where an individual is directly discriminated against or harassed based on a perception that they have a particular protected characteristic when they do not.
• Harassment occurs where unwanted conduct is directed at an individual, relating to one of the protected characteristics that has the purpose or effect of violating dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct.
• Victimisation occurs if someone is subjected to a disadvantage because they have made or supported a complaint or raised a grievance under the Equality Act 2010, or where they have been suspected of doing so. You should be aware that you are not protected from victimisation if you have acted maliciously or made or supported an untrue complaint.
• Third-party harassment is where harassment occurs, and the harassment is related to a protected characteristic by third parties such as clients or customers. If you encounter bullying or harassment by customers, suppliers, visitors or others whilst performing your day to day activities at work, in the first instance you should report this to your manager who will take appropriate action.
As an Employer, we have the duty to make reasonable adjustments in the workplace where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not.
4.1 Equal Opportunities in Employment
J A Stott (Carpentry) Ltd will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy. During all recruitment processes, people and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Applicants for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for applicants with a disability. Disability and personal or home commitments will not form the basis of employment decisions except where necessary. The Company will comply with our obligations in relation to statutory requests for contract variations and will also make reasonable adjustments to our standard working practices to overcome barriers caused by disability.
5. DIGNITY AT WORK
We have a Dignity at Work Policy concerning issues of bullying and harassment on any grounds, and how complaints of this type will be dealt with.
6. CUSTOMERS, SUPPLIERS AND OTHER PEOPLE NOT EMPLOYED BY THE ORGANISATION
J A Stott (Carpentry) Ltd also recognise our obligations not to discriminate for any of the above reasons against any of our agency workers, self-employed persons or contract workers. We will not discriminate unlawfully against customers using or seeking to use goods, facilities or services provided by J A Stott (Carpentry) Ltd.
7. EMPLOYEES RESPONSIBILITIES
Everyone is expected to meet our commitment to provide equal opportunities in employment and avoid unlawful discrimination. If you witness any form of discrimination whilst at work, you should report this to your Manager.
Individuals can be held personally liable as well as, or instead of, J A Stott (Carpentry) Ltd for any act of unlawful discrimination. If you commit serious acts of harassment you may be guilty of a criminal offence.
Acts of discrimination, harassment, bullying or victimisation against colleagues or customers are disciplinary offences and will be dealt with under our Disciplinary Policy and procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice.
8. GRIEVANCES
If you consider that you may have been unlawfully discriminated against, you may use our grievance procedure to make a complaint. If your complaint involves bullying, victimisation or harassment for further details refer to the Dignity at Work policy.
The Directors of J A Stott (Carpentry) Ltd will monitor and review the operation of this policy on an annual basis to endeavour that it remains relevant and appropriate to the company and will make available the statement, organisation and arrangements sections of the policy in prominent positions in the offices and workplace for inspection by all employees and other interested parties.
Signed:
Name: John Kane
Position: Construction Director
Date: 22/01/20