Equality and Diversity Policy
Our Commitment R F Building & Utilities Ltd is committed to providing equal opportunities in employment and to avoiding unlawful discrimination in employment and against our clients.
This policy is intended to assist R F Building & Utilities Ltd to put this commitment into practice. Compliance with this policy should also ensure that employees do not commit unlawful acts of discrimination.
Striving to ensure that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities in employment. R F Building & Utilities Ltd has a separate Policy on Harassment and Bullying, which deals with these issues.
The Law
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.
Staff should not discriminate against or harass a member of the public in the provision of services or goods.
It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.
EQUALITY STATEMENT
To achieve the aims and goals contained within this policy, we specifically undertake that:
We shall never unlawfully discriminate against, victimise or harass Staff Members, Prospective Staff Members, or any other person due to their protected characteristics as defined under the Equality Act 2010. The protected characteristics are any of the following:· Age· Disability· Gender reassignment· Marriage and civil partnership· Pregnancy and maternity· Race· Religion or beliefs· Sex· Sexual orientation
We also express a commitment within this policy that we will not discriminate against, harass or victimise any Staff Member or any other person as a direct result of their part time, full time, fixed term or temporary status as a worker.
Types of Unlawful Discrimination
Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant.In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.
Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person’s 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.
Associative discrimination is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and pregnancy and maternity).
Perceptive discrimination is where an individual is directly discriminated against or harassed based on a perception that he/she has a particular protected characteristic when he/she does not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).
Third Party Harassment occurs where an employee is harassed and the harassment is related to a protected characteristic (other than marriage and civil partnership, and pregnancy and maternity), by third parties such as clients or customers. For an employer to be liable:
· the harassment must have occurred on at least two previous occasions (although not necessarily by the same harasser or suffering the same type of harassment);
· it must be aware that the previous harassment has taken place; and
· it must have failed to take reasonable steps to prevent harassment from happening again.
Victimisation occurs where an employee is subjected to a detriment, such as being denied a training opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the Equality Act 2010, or because he or she is suspected of doing so. However, an employee is not protected from victimisation if he or she acted maliciously or made or supported an untrue complaint. There is no longer a need for a complainant to compare his or her treatment with someone who has not made or supported a complaint under the Equality Act 2010.
Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.
Equal Opportunities in Employment R F Building & Utilities Ltd will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy.
Job Descriptions and Person specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates 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 candidates with a disability. Disability and personal or home commitments will not form the basis of employment decisions except where necessary.
R F Building & Utilities Ltd will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times of which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if the R F Building & Utilities Ltd considers it has good reasons, unrelated to any protected characteristics, for doing so. R F Building & Utilities Ltd will comply with its obligations in relation to statutory requests for contract variations. R F Building & Utilities Ltd will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.
R F Building & Utilities Ltd will monitor the ethnic, gender and age composition of the existing workforce and of applicants for jobs (including promotion) and the number of people with disabilities within these groups, and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process.
R F Building & Utilities Ltd cannot lawfully discriminate in the selection of employees for recruitment or promotion, but R F Building & Utilities Ltd. may use appropriate lawful methods, including lawful positive action to address the under-representation of any group that R F Building & Utilities Ltd identifies as being under-represented in particular types of job.
Accountability The Director is responsible for ensuring that equality and diversity is promoted in all aspects of R F Building & Utilities Ltd’s operations.
All managers of R F Building & Utilities Ltd are responsible for promoting equality and diversity, for improving the equal opportunities performance of their programme / department, and for ensuring effective monitoring and review systems are in place.
All employees have a responsibility for implementing the Equality and Diversity Policy in all aspects of their work.
Implementing the Policy R F Building & Utilities Ltd will seek to promote a positive welcoming environment and to provide equality of opportunity and freedom from discrimination on the grounds of age, colour, race, religion, disability, ethnic origin, gender, marital status, nationality and sexual orientation for individuals or groups in the community working at or served by R F Building & Utilities Ltd.
R F Building & Utilities Ltd will provide equality of opportunity in career and job progression for all staff and will not discriminate against those on part time or fixed term contracts.
R F Building & Utilities Ltd will actively promote staff training and development in equality and diversity to encourage staff awareness of the need for equal treatment.
R F Building & Utilities Ltd will ensure that its stance on equality and diversity is well publicised within R F Building & Utilities Ltd Sites themselves, within the local community and particularly with all who work, wish to work / participate, or act as a sub-contractor with R F Building & Utilities Ltd. It will form part of the R F Building & Utilities Ltd’s public identity.
R F Building & Utilities Ltd will develop partnerships with organisations and groups, where we are providing training, to promote equality and diversity to the benefit of the wider community.
R F Building & Utilities Ltd will provide support to enable individual learners (employed by other organisations) to access learning and to progress towards a successful achievement.
Acts of discrimination, harassment, bullying or victimisation against employees or customers/clients are disciplinary offences. If such an allegation is made an investigation will be carried out in accordance with agreed procedures. Depending on the outcome, guidance, advice, counselling and training may be offered to ensure compliance, but in the event of persistent or serious breaches, R F Building & Utilities Ltd’s disciplinary procedure will be followed. Should an act of Gross Misconduct be found to have taken place, this may result in dismissal without notice.
To ensure that this policy is operating effectively and that statistics for publication are kept, R F Building & Utilities Ltd maintains records of learners and applicants’ racial origins, gender and disability. Ongoing monitoring and regular analysis of such records will provide the basis for appropriate action to eliminate discrimination and promote equality and diversity.
This policy has been approved & authorised by:
Name: Chloe Faulkner Position: Director Date: 31/010/2024