• The Race Relations Act 1976.
• The Race Relations (Amendment) Act 2000.
• The Rehabilitation of Offenders Act 1974.
• The Local Government Act 1988 and 1999.
• Disability Discrimination Acts 1995 & 2005.
• Disability Discrimination Act (Amendment) Regulations 2003.
• Sex Discrimination Act 1975.
• The Equal Pay Act 1970.
• Gender Reassignment 1999.
• Employment Equality (Religion or Belief) Regulations 2003.
• Employment Equality (Sexual Orientation) Regulations 2003.
• Employment Equality (Sex Discrimination) Regulations 2005.
• Employment Equality (Age) Regulations 2006.

The Company's aim is to create an environment that encourages and values diversity within its workforce and builds on the differences individuals bring, enabling the Company’s continued success. We aim to draw upon the widest possible range of views and experiences in order to meet the changing needs of our staff, clients and partners. We seek to promote diversity and to respond to the needs of all individuals in a fair and equitable manner, whilst observing our commitment and responsibility to current legislation. To achieve this, the company will:

• Fulfil its social responsibility towards its employees and the communities in which it operates.
• Recognise all of its legal obligations with particular reference to those acts and directives detailed previously.
• Recruit, train and promote the best person for the job, to make full use of the talents and resources of all our employees and to create a working environment free from unlawful discrimination, victimisation and harassment in which all employees are treated with dignity and respect.
• Periodically review its selection criteria and procedures and maintain a system where individuals are selected, promoted and treated solely on the basis of their merit and ability specific to the job role.
• Distribute and continuously publicise this policy throughout the company, in advertising, and elsewhere as appropriate.
• Provide the facilities and opportunity for any employee who believes that they have been treated inequitably within the scope of this policy to raise the matter through the appropriate grievance procedure.

Scope of the Policy

This policy applies to recruitment, terms and conditions of employment, training, career development, promotion, grievance and disciplinary procedures and all other aspects of employment and of the working environment. All employees are required to comply with this policy when dealing with other employees, job applicants, clients, suppliers, customers and contacts of the Company, and anyone else with whom they come into contact during the course of their employment.

Procedure

Responsibilities

It is the direct responsibility of the Managing Director to ensure the implementation of this policy on a day-to-day basis, however, all employees have a responsibility to accept their personal involvement in applying it and must:

• Be familiar with the policy and ensure that it is followed by both themselves and employees for whom they have a responsibility.
• Notify their line manager of any apparent instances of discrimination.
• Be aware of the benefits of diversity and equality.

Disciplinary action may be taken against any employee who acts in breach of this policy. Disciplinary action may include summary dismissal in the case of a serious breach of this policy or repeated breaches. In other cases, it may include a warning, oral or written. Disciplinary action (which may include summary dismissal) may also be taken against any employee who makes malicious or vexatious allegations of discrimination or victimisation. Such action will be taken in accordance with the Company’s disciplinary procedure.

Breaches of this policy may also result in the employee responsible being held personally liable for compensation if the person who has been discriminated against takes legal action.

All other individuals who work at or visit the Company are also required to comply with the terms of the policy.

Discrimination

The company will regard the following as discrimination:

• The less favourable treatment of an individual or prospective employee on the grounds of sex, sexual orientation, gender reassignment, race or ethnic origin, age, marital status, religion, belief, nationality or disability.
• The imposition of an unjustified requirement or condition which is such that fewer men, women, persons from ethnic minorities, married or disabled persons can comply, and which is to their detriment because they cannot comply.
• The less favourable treatment of a person who has threatened proceedings, given evidence or information, taken any action or made any allegation of discrimination on the grounds of sex, sexual orientation, gender reassignment, race, marital status or disability, religion, belief, nationality or ethnic origin.
• The use of threatening, abusive or insulting language or behaviour with intent to cause another employee, prospective employee or visitor, harassment alarm or distress.
• The display of any writing, sign or other visible representation which is threatening, abusive or insulting to another employee, prospective employee or visitor, so that that person feels harassment alarm or distress.
• In line with legislation, Recruitment Management Solutions recognises three forms of discrimination:
  • Direct discrimination. This occurs when an individual is treated less favourably than another in relation to employment on grounds of colour, race, nationality, ethnic origin, sex, marital status, disability, part-time or fixed term status, parental responsibilities, age, religion or sexual orientation.
  • Indirect discrimination. This occurs when a job requirement is applied equally to all but it has a disproportionate and detrimental effect on one section of the workforce, because fewer of that group can comply with it, and the requirement cannot be justified in relation to the job.
  • Failure to make adjustments. In a case of disability discrimination, if the Company’s premises or equipment, materials or working arrangements put a disabled person at a substantial disadvantage, then it is unlawful discrimination not to make any reasonable adjustment which remove or minimise that effect.

Monitoring & Positive Action

Recruitment and Promotion

• The Company will undertake all reasonably practicable steps to circulate information about vacant posts as widely as reasonably practicable in the circumstances.
• No recruitment literature or advertisements will imply a preference for any one group of applicants, unless there is a genuine occupational qualification which limits the post to a particular group, in which case this will be clearly stated.
• Recruitment and employment decisions will be made on the basis of fair and objective criteria.

Job Descriptions and Working Patterns

• Job descriptions and/or person specifications will include only those requirements, qualifications and characteristics that are essential or desirable for the effective performance of the role. It will be made clear which items are essential and which are only desirable.
• Whilst it is permissible to indicate the standard hours of a job and/or that it is full time, if an employee or applicant wishes to propose some other pattern of work, this will be carefully considered and only rejected if it is justified.

Selection

• All selection interviews and short listing will be conducted on an objective basis and deal only with the individual’s suitability for the job, taking into account their skills and experience.
• Questions will only be asked during interview about a candidate’s personal and domestic circumstances or plans if they relate to the job requirements, and will then be asked of all candidates for the post.

Training

• Employees will be provided with appropriate training (depending on the needs of the business) to enable them to improve their performance and to achieve the performance standards and targets set for them by the Company.
• Special responsibility for the practical application of the Company's equal opportunities policy falls upon managers and supervisors involved in the recruitment, selection, promotion and training of employees, and/or conducting the Company’s grievance and disciplinary procedures.

Disabilities

The requirements of job applicants and existing members of staff who have a disability will be reviewed to ensure that wherever possible reasonable adjustments are made to enable them to perform as well as possible during the recruitment process and while employed by the company.

• Opportunities for promotion, access to benefits and facilities of employment will not be unreasonably limited and all reasonable adjustments will be made.
• All reasonable measures will be taken to ensure that disabled employees are given the opportunity to participate fully in the workplace, in training and career development opportunities.

Positive Action – Training, Promotion and Conditions of Service

• Underrepresented groups will be encouraged to apply for training and employment opportunities with the company. Wherever possible, special training will be provided for such groups to prepare them to compete on genuinely equal terms for jobs and promotion. However, actual recruitment to all jobs will be strictly on merit.
• Wherever necessary, use will be made of lawful exemptions to recruit suitably qualified people to cater for the special needs of particular groups.
• Wherever possible, efforts will be made to identify and remove unnecessary/unjustifiable barriers and provide appropriate facilities and conditions of service to meet the special needs of disadvantaged and/or underrepresented groups.

Personnel Records

• In order to ensure the effective operation of the equal opportunity policy (and for no other purpose) a record will be kept of all employees’ and job applicants’ gender, racial origins and disability.
• Where necessary, employees will be able to check/correct their own record of these details. Otherwise, access will to this information will be strictly restricted.
• Such records will be analysed regularly, and appropriate follow-up action taken.

Complaints

The Company recognises that any employee who feels that they need to bring a complaint of discrimination or harassment may feel embarrassed and vulnerable. Those employees will receive support and reassurance and are assured that their complaint will be treated in the strictest confidence. Employees need not fear that they will be victimised for bringing a complaint.

Any person who is found to have victimised or retaliated against another for complaining about or giving evidence about discrimination or harassment, may be subject to disciplinary action, up to and including dismissal, in accordance with the Company’s disciplinary procedures.

Similarly, the Company recognises that those who are accused of discrimination or harassment need to have their views heard and the allegations made against them investigated thoroughly. The Company recognises that, whilst all acts of discrimination or harassment are serious, any action taken will depend upon the gravity of the allegation.

Where appropriate, an employee who feels that he or she has been the subject of discrimination or harassment should firstly inform the person responsible that their behaviour is discriminatory and, in relation to harassment, unwelcome and ask them to stop. If the employee does not feel comfortable doing this, if the discrimination or harassment continues, or if there are employment consequences, a complaint should be made as follows:

• The employee who believes that they are the victim of discrimination or harassment should report the incident(s) to their line manager. If the employee would find this embarrassing or the complaint is against such a person, then the employee should make the complaint to a Managing Director; details of the complaint should be provided in writing.
• The people to whom a complaint is made are under a duty to immediately investigate the complaint themselves, or if they feel unable to do so, should refer the complaint to a Managing Director.
• All complaints will be handled in a confidential and impartial manner. The investigating officer should firstly discuss the situation with the employee affected. He or she should then make arrangements to interview the employee against whom a complaint has been made. These two procedures should be completed within a week of the complaint being made, depending on the availability of the parties, and should be fully documented.
• Employees against whom a complaint has been made are assured a fair and impartial hearing and the chance to put forward their side of the story. Full details will be given of the complaint in writing before the investigatory interview and the employee concerned will be offered the opportunity to be interviewed.
• It may also be necessary to place any person accused of sexual or racial harassment on investigatory suspension depending on the circumstances of the particular allegation(s).
• If it is necessary to interview other employees who may have witnessed acts of sexual or racial harassment, these employees can be assured of the same degree of confidentiality.
• After hearing both sides of the complaint, the Line Manager/Managing Director should make a decision based on the seriousness of the complaint. If the investigation reveals that the complaint is valid, the Line Manager/Managing Director will take prompt action to stop the discrimination or harassment and to prevent its reoccurrence. The Company’s disciplinary procedures will be used as appropriate and a disciplinary hearing will be convened before any disciplinary action is taken. The Line Manager/Managing Director will inform both parties in writing of the outcome and the action to be taken as soon as that decision is made.
• If either party is dissatisfied with the outcome of the investigation or the disciplinary action taken, they should refer to the disciplinary or grievance procedures as appropriate.

Where a complaint is upheld, the investigator will monitor the situation to prevent reoccurrence and to offer counselling to both individuals concerned.

Review

This policy will be reviewed regularly and may be altered from time to time in light of legislative changes or other prevailing circumstances.