Equal opportunities
Equal Opportunites Policy
This Statement supports the Group Policy Document 2.2 "Terms and Conditions of Employment". The Group Policy Documents are the highest level of policy definition in the Company and are endorsed by the Group Board of Directors.
The Tunstall Group is committed to a policy of equality of opportunity and opposes all forms of unlawful or unfair discrimination on the grounds of colour, race, religion, gender, age, nationality, ethnic or national origin, sexuality, membership or non-membership of a trade union, marital status or disability. Tunstall believes that it is in the Company's best interests and of all those who work in it, to ensure that the human resources, talents, and skills available throughout the community are considered when employment opportunities arise. It undertakes to recruit, develop and retain the most talented people by valuing the varied skills and experiences they bring to the Group and by encouraging an honest and open culture which values the differences between individuals.
Every possible step will be taken to ensure that individuals are treated equally and fairly and that decisions on recruitment, selection, training, promotion, and career development are based solely upon objective and job related criteria.
The Company commits itself to immediate investigation of any claim of discrimination. Victimisation or harassment of an employee will be considered by the Company as unlawful and will be dealt with under the Company’s Disciplinary Procedure, which could ultimately result in dismissal.
While the overall responsibility for the policy lies with the Group Board, every employee has the responsibility to fulfil the requirements of the Company’s Policy.
In order to put this policy of equal opportunities into practice the Company will: -
Provide guidance and training to assist all employees (including those who recruit, select, and train) and management to understand the importance of equal opportunities. Review and amend relevant policies and procedures including recruitment, selection, promotion, transfer and training.
Ensure that the Equal Opportunity Policy has been issued to all employees, is given to each new employee, and is displayed on the Company Notice boards & Intranet to ensure effective communication.
Ensure that any major non-compliance with the Equal Opportunity Policy is dealt with under the Company's Disciplinary Procedure.
Regularly review the Equal Opportunities Policy, and through identification of weaknesses, shortfalls, or inadequacies, amend and update as necessary.
RECRUITMENT, PROMOTION, TRANSFER, & DISMISSAL
Attracting Candidates
The Company aims to recruit employees on a fair and non-discriminatory basis. Job advertisements will not be confined unjustifiably to media which excludes or disproportionately reduces the number of applicants of a particular group.
All advertisements will include a statement supporting the Company's commitment to equality of opportunity.
Recruitment
The Company will not confine recruitment unjustifiably to those agencies, job centres, career offices and educational establishments that because of their methods source applicants only or mainly from one particular group. The Company will endeavour to ensure that these sources comply with good Equal Opportunities practices.
The Company will not use recruitment methods, which exclude or disproportionately reduce the number of applicants of a particular group, which cannot be shown to be justifiable.
Selection
Employees involved in the recruitment and selection process will not treat applicants from particular groups less favourably than others. In addition, staff responsible for shortlisting, interviewing and selecting candidates will be clearly informed of selection criteria and the requirement to reach decisions based upon the requirements of the job role. The only criteria for those selected for interview are skill, experience and capability to undertake and perform the work required and to relate to the environment in which the vacancy exists. Those involved with the interview process will be given appropriate training and guidance on the recruitment and selection process. Selection criteria will be solely related to the requirements of the job.
Promotion, Training Opportunities and Transfer
The Company will not restrict access to opportunities for promotion or training on the basis of colour, race, religion, gender, age, nationality, ethnic or national origin, sexuality, membership or non-membership of a trade union, marital status or disability. Priority will be given to opportunities directly related to your current position. Job and training opportunities will not exclude or disproportionately reduce the number of applicants from a particular group.
Dismissal (including Redundancy) and Other Detriment
The Company will ensure that in the event of dismissal, redundancy, or any other detriment, employees will not be unfairly discriminated against on the basis of colour, race, religion, gender, age, nationality, ethnic or national origin, sexuality, membership or non-membership of a trade union, marital status or disability. The relevant Company procedures must be followed at all times.
The Human Resources Department will maintain a record of all employees who have been dismissed or made redundant in terms of the ethnic origin, gender, age and known disability.
TRAINING AND DEVELOPMENT
The Human Resources Department will ensure that training is provided in equal opportunities, supported by written guidelines, to all managers/supervisors involved in recruitment, selection, training, promotion, discipline and dismissal of staff.
The Company will not restrict access to opportunities for training or development and ensure that job and training opportunities will not exclude or disproportionately reduce the number of applicants from any particular group. Priority will be given to opportunities directly related to your current position.
The Human Resources Department will maintain a record of all employees who have received formal training and development in terms of the ethnic origin, gender, age and known disability.
MONITORING OF THE EQUAL OPPORTUNITIES POLICY - RECRUITMENT
In order to demonstrate the fairness of recruitment procedures all applicants will be monitored as follows:
- All employees and job applicants will be required to complete the Equal Opportunities Monitoring Form.
- A record of applications received, those short listed for interview and job starters, in relation to their ethnic origin, gender, age, declared disability and grade will be maintained for all positions for a period of 6 months after the event.
- Reasons for selection or non-selection for interview will be detailed on an applicants register sheet. This will be kept for 6 months after the vacancy. This will require the selection criteria to be determined and retained.
The Group Human Resources Department will periodically check the details to ensure that there have been no breaches of the selection criteria.
Each person, who has overall responsibility for interviewing applicants and making the recruitment decision, will complete an applicant assessment form on which it should be made clear why the successful applicant has been offered employment. All comments whether the candidate has been successful or not should be as objective as possible and in accordance with the selection criteria.
The information relating to all applicants whether selected for interview or not, will be retained for a period of 6 months then destroyed.
The Group Human Resources Department will regularly monitor the make–up of its existing workforce (by keeping a record of ethnic origin, gender, age and grade), against nationally published demographic figures.
TERMS OF EMPLOYMENT, BENEFITS, FACILITIES AND SERVICES
The Company will not discriminate in affording terms of employment and providing benefits, facilities and services for employees. Those concerned with these aspects of employment are instructed accordingly.
AGE DISCRIMINATION
The Employment Equality (Age) Regulations 2006
The regulations cover the entire employment 'cycle' including recruitment, terms and conditions, promotions, transfers, dismissals and training. They do not however cover the provision of goods and services.
The regulations in particular make it unlawful on the grounds of age to:
- discriminate directly against anyone – that is, to treat them less favourably than others because of their age – unless objectively justified,
- discriminate indirectly against anyone – that is, to apply a criterion, provision or practice which disadvantages people of a particular age unless it can be objectively justified,
- subject someone to harassment,
- victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of age,
- discriminate against someone, in certain circumstances, after the working relationship has ended.
The company will ensure that it complies with the regulations in all aspects of the employment cycle. Please also refer to the Company’s Retirement – Changes to working hours procedure.
DISABILTY DISCRIMINATION
The company is committed to meeting the requirements of the Disability Discrimination Acts and it recognises the barriers that can be faced by disabled people and that disabled people have different needs relating to; age, gender, sexual orientation, culture and race. Clearly, disabled people can face greater barriers when they identify with any combination of these groups.
The company will make reasonable adjustments to its business premises and working arrangements for its customers, job applicants, current disabled employees and employees who become disabled within the meaning of the legislation. Examples of such adjustments the company has made include new access ramps, upgrading toilets when they are due for renovation, home working, training colleagues in sign language, asking applicants if they have any special requirements prior to interview and selection and amending the company web site. The company will obtain advice where necessary from Occupational health specialists, the Disability Advisors in the Employment Service and Specialist advisors, on how it can support individuals and comply with the legislation.
Where employees are carers of disabled people including children please refer to the Company’s flexible working policy.
GENDER EQUALITY
The Company is committed to ensuring its responsibilities and obligations under the Sex Discrimination & Equal Pay Acts are fulfilled. Areas of gender equality that are not covered elsewhere in this policy are covered in this section. The Company has a separate policy on Bullying and Harassment which includes the grounds of gender. The Group Human Resources Department will actively monitor the workforce composition with regard to gender, grade and pay & benefits, in addition to the monitoring mentioned elsewhere in this policy, and it will make recommendations to Senior Management, as appropriate, to changes in policy, strategy and working practices. It is also policy that job profiles are written in a format not only for fair recruitment, but also to enable proper job evaluation. The company, when evaluating jobs, will use a recognised system and an external independent consultant, to ensure fairness.
COMPANY ADVERTISING MATERIAL
The Company will actively seek to ensure that the images it uses its advertising, publicity material and web site is balanced to reflect the diversity of modern society.
VICTIMISATION OR HARASSMENT
Harassment or victimisation of an employee (which for the purposes of this policy is regarded as discrimination) because of their colour, race, religion, age, nationality, ethnic or national origin, sexuality, membership or non-membership of a trade union, marital status or disability will be dealt with under the Company Disciplinary Procedure.
The Company aims to make all staff aware that it will not tolerate standards of behaviour that constitute harassment or victimisation. It also seeks to ensure that every employee understands that they have the right not be harassed or victimised and that they have the right to complain through recognised procedures if necessary. Please refer to the Company’s Bullying & Harassment Policy
Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim
The Company will make it clear that it is unlawful to victimise any individual who has pursued a case, compliant or allegations of discrimination.
SERVICE PROVISION
The Company recognises that equal opportunities extend further than just employment, but also in the provision of services to all its customers and their clients. It aims to provide quality services, delivered in a non-discriminatory way by employees that are well-trained and courteous. It will encourage other organisations that provide services for us under contract or on behalf of the Group to adopt the same approach.
It will also ensure that there is:-
- Equality in the allocation of resources
- Equality of access to services
- Equality of treatment in service delivery
While services will be delivered to individuals, the Company will ensure that the provision of those services will be responsive to the needs of particular groups within society. The Company will ensure that its service provision is planned and delivered in accordance with this Policy, regardless of the service being delivered in-house or through external contract Where required this will in consultation with the relevant stakeholders.
COMPLAINTS PROCEDURE
In the event that any employee feels that he or she has suffered discrimination, harassment, victimisation or unfair treatment in any way, the Company Grievance Procedure should be utilised. If the complaint is against the employees’ own immediate or other supervisor, contact the Group Human Resources Department who will deal with the complaint.
Where there is evidence to suggest that an employee(s) has/ have committed a discriminatory act contrary to this policy and/or current legislation the Company’s disciplinary procedure will be invoked.
Where a customer of a service provided either by an employee or contractor on behalf of the company, feels that they have suffered discrimination, harassment, victimisation or unfair treatment in any way, can complain via the relevant Operations Manager. All complaints will be logged via the Company’s Customer Complaints procedure (which is part of the Company’s ISO Accredited Quality Assurance System and is externally audited) and dealt with appropriately. Where necessary the Company’s disciplinary procedure will be invoked against any company employee if this appropriate. If the complaint is against a contactor or sub-contractor – the action taken may include removing that organisation from the approved list.
SUPPLIERS
No supplier of any goods, services or labour will be unlawfully discriminated against or treated less favourably than anyone else in the provision of goods, services or the supply of goods.
The company will ensure that all individuals, companies or organisations undertaking work, or providing goods or services, to or on behalf of the Group do not follow illegal discriminatory practices. Where they provide services on behalf of the Group they do so equally and without discrimination.
All suppliers providing services on behalf of the Group to its customers and their clients will be audited to ensure that they have the appropriate equal opportunity policies and procedures in place, appropriate to their size and the resources available. Where they do not have written policies in place, prior to being awarded business from the Group, they will have to make a written commitment to agree to abide by the principles of this policy and the law on discrimination.
The company will seek to encourage any supplier or contractor to contribute to it’s policy by implementing fair practices in employment and training.
POLICY REVIEW
The Tunstall Group recognises that monitoring is integral to the success of the Equal Opportunities Policy. This will include regular reviews and amendments, if necessary, of all the company's policies and procedures.
RELEVANT LEGISLATION
This Equal Opportunities Policy has been developed within the framework of existing legislation. If these legal requirements are contravened both the Company and the individual concerned will be rendered liable to legal proceedings. However, if the company can prove that it has taken the necessary steps to prevent discrimination, only the individual would be considered liable for that unlawful act. This applies primarily to the Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 and The Race Relations Act (Amendment) Regulations 2003 and the Sex Discrimination Acts 1975 and1986 and the Sex Discrimination Act 1975 (Amendment) Regulations 2003. It is essential that all employees bound by this policy are aware of their obligations under the law, as ignorance is not a defence.
Other Acts and legislative regulations that are also relevant to this policy are:-
- Equal Pay Acts 1970 & 1983
- Equal Pay Act 1970 (Amendment) regulations 2003
- The Disability Discrimination Acts 1995 & 2005
- The Sex Discrimination (Gender Reassignment) Regulations 1999
- The Gender Recognition Act 2004
- The Employment Equality (sexual orientation) Regulations 2003
- The Employment Equality (Age) Regulations 2006
- Part Time Workers (Preventing less favourable treatment) Regulations 2000
- Employment Equality (Religion or Belief) Regulations 2003