Purpose
The following legislation forms the basis of the YOUR Utility, Training & Assessment Ltd Equality and Diversity Policy:
- The Equality Act 2010
- Equal Pay Act 1970 Sex Discrimination Act 1975, 1986 Amendment
- Race Relations Act 1976, 2000 Amendment and 2003 Amendment Regulations
- Disability Discrimination Act 1995 and 2005 and the Disability Equality Duty 2006
- The Human Rights Act 1998
- Employment Rights Act 1996
- Employment Act 2002
- Race Relations Act 1976 (Amendment) Regulations 2003
- The Employment Equality (Religion or Belief Act) Regulations 2003
- The Employment Equality (Sexual Orientation) Regulations 2003, Equality Act (Sexual Orientation) Regulations 2007
- Sex Discrimination (Gender Reassignment) Regulations and Gender Recognition Act 2004
- The Civil Partnership Act 2004
- The Employment Equality (Age) Regulations 2006
- The Work and Families Act 2006
- The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2000
- Rehabilitation of Offenders Act 1974
It is company policy not to discriminate against any candidate/learner on grounds of gender, race, disability, marital status, nationality, religion, sexual orientation, age or any other factor that is not relevant to the genuine training or assessment requirements.
Principles
YOUR Utility, Training & Assessment Ltd will take every step to ensure that individuals are treated fairly, and that decisions on training and assessments are taken solely on training and assessment criteria. YOUR Utility, Training & Assessment Ltd will ensure that our programmes of learning will be:
- Available to everyone who can achieve the required standard
- Free from barriers which restrict access to progression
- Free from overt or covert discriminatory practices with regard to age, colour, creed, ethnic origin, gender, nationality, marital status, race or sexual orientation, and pay due regard to the particular requirements of individuals, including those who may require support to undertake learning and assessment.
- Free from any restrictions that are not legally required
- The Senior Management Team and Directors fully support the aims and objectives of this policy.
- All YOUR Utility, Training & Assessment Ltd Trainers and Assessors are responsible for playing their part in achieving its objectives.
- The policy applies to the advertising of training courses and appointment to them.
- The policy applies equally to the treatment of the YOUR Utility, Training & Assessment Ltd workforce.
Procedures
- YOUR Utility, Training & Assessment Ltd will provide training and guidance for key decision-makers such as management and training and training and assessment staff.
- YOUR Utility, Training & Assessment Ltd will monitor learners and the effects and application of this policy.
- YOUR Utility, Training & Assessment Ltd will regularly review procedures for learner selection and training.
- YOUR Utility, Training & Assessment Ltd will develop mechanisms for resolving grievances about unfair discrimination and harassment.
- This policy will be reviewed every 12 months.
Any employee who harasses any delegate on the grounds of gender, race and disability, marital status, nationality, religion, sexual orientation, or age will be subject to the Company’s disciplinary procedure. All learners will be asked to complete a form denoting their gender, race, ethnic origin and any disabilities.
YOUR Utility, Training & Assessment Ltd guarantees that this information will be used for the monitoring of the effectiveness of its equality and diversity policy only.
Implementation
To ensure the effective implementation of our Equality and Diversity Policy, YOUR Utility, Training & Assessment Ltd will:
- Issue our policy statement to all staff and anyone related to the assessment process.
- Issue our policy statement to every learner
- Refer to our policy in any promotional literature
- Provide the knowledge and skills necessary to implement the policy effectively to all concerned
- Give overall responsibility to the HR team for the implementation, monitoring and review of the policy
- Provide external bodies with reports on matters concerning equal opportunities in the assessment centre as required.
Monitoring
YOUR Utility, Training & Assessment Ltd will monitor training and promotion with a view to ensuring the equality and diversity policy is effective.
It is the responsibility of Senior Management Board to implement the following monitoring provisions:-
A bi-monthly analysis of the ethnic, sex and disability classifications of existing learners
An annual analysis of the ethnic, sex and disability classifications of applicants for training and assessment programmes.
Glossary of Terms
‘Diversity’ is a broader term than ‘equality’ or ‘equal opportunities’ or ‘equality of opportunity’. Diversity policies encompass all individuals by recognising that all of us have different characteristics which make us unique and that organisations benefit from taking these into account when offering services or employing people. In contrast to equal opportunity, diversity is not about treating people equally but rather it is about recognising and responding to different needs, experiences and aspirations and acting accordingly. Diversity is complimentary to equality of opportunity
‘Equality and Diversity monitoring’ is the collection and analysis of information about a person that is used in order to check that a policy or procedure does not have an adverse impact on a particular group of people or amounts to unlawful discrimination. Information can be collected on race, disability, gender, age, and in some circumstances sexual orientation and religion or belief.
‘Unlawful discrimination’ includes ‘direct discrimination’, ‘indirect discrimination’, ‘victimisation’ and ‘harassment’.
‘Direct discrimination’ occurs where a person is treated less favourably on the grounds of race, racial group, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation or religion or belief.
‘Indirect discrimination’ occurs where an apparently neutral provision, criterion or practice would put a substantially higher proportion of the members of one sex, or people of a particular racial group or religion or belief, sexual orientation or with a disability at a particular disadvantage compared with other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
‘Victimisation’ occurs where a person is treated less favourably because she or he has made a complaint of discrimination. This also applies to individuals who may have assisted or supported the complainant, for example, as a witness or by showing sympathy.
‘Harassment’ occurs when unwanted conduct takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. This will include physical, verbal and non-verbal acts.
‘Positive action’ is where you encourage the participation of or access to services for members of under-represented groups. Positive action is not to be confused with positive discrimination.
‘Positive discrimination’ is where you make a decision in someone’s favour because of his or her particular characteristic, e.g. race, gender or disability. Positive discrimination is usually unlawful, unless it falls within one of the very limited exceptions contained in the anti-discrimination legislation in relation to disability or as a genuine occupation requirement.
Positive action is often used as a way to minimise the effects and outcomes of past discrimination on groups. In some limited circumstances, employers or training bodies are allowed to take special measures relating to access to training for particular work, or encouragement to apply for particular posts.
For example, where women are under-represented in senior management posts, running special training for women to encourage them to apply for senior posts is an example of positive action and lawful. However, the appointment of a woman to a senior post solely on the basis of her gender would be an example of positive discrimination and would be unlawful.
‘Genuine occupational requirement’ is an express exception to the positive discriminate on a particular ground. However, there are some very limited circumstances in which it may be lawful to discriminate on grounds such as race, gender, disability, sexual orientation or religion. For example, where being of a particular racial or religious origin is an essential requirement for the job, or for reasons of decency or privacy. For detailed information on exceptions please refer to the appropriate anti-discrimination legislation
