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Equality & Diversity

Introduction

It’s important managers are aware Equality, diversity and inclusion. To make a positive contribution to the workplace means being able to recognise issues of equality and diversity and to be confident that you can do the right thing.

The Basics

Equality Legislation is about breaking down the barriers to equality and promoting fair and equal chances for all. The legislation makes it illegal to treat anyone less favourably on the basis of a number of factors such as gender, ethnicity and disability.

Diversity is about recognising and celebrating the differences between people and cultures, and creating an inclusive environment is about encouraging positive relationships, helping everyone to participate and fostering a sense of cohesion and belonging.

It is not just about the law. It’s important diversity and inclusion, underpinned by equality that brings us competitive advantage and better business performance.

Equality and Diversity

By promoting equality & valuing diversity within your part pf the business, you will create an environment that enables all of us to:

Diversity and Inclusion…

A more diverse and inclusive workforce improves productivity: it increases individual discretionary effort, retaining talent and team collaboration and commitment. Effective organisations can create a commercial advantage by ensuring that their workforce reflects their customer base so they develop propositions which better match customer needs.

A more diverse and inclusive workforce also connects with wider society which enhances reputational value and brand differentiation.

Your Responsibilities:

We all have our part to play in promoting equality.

Everyone needs to take responsibility for

  • promoting equality, diversity and inclusion.
  • treating people with respect and sensitivity.
  • challenging discriminatory behaviours.
  • creating an inclusive working environment.

The Equality Act 2010…

The Act replaced a range of anti-discrimination laws. It aims to simplify the law, remove inconsistencies and make it easier for people/organisations to understand and comply with it.

It makes it illegal to treat people less favourably on the basis of the protected characteristics.

Which are

 

Age

Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or a range of ages (e.g. 18-30 years olds.)

Where people fall into the same age group they share the protected characteristic of age.

Sex

For the purposes of the Act, sex means being a man or a woman.

Race

Race includes colour, and nationality (including citizenship) ethnic or national origins. Examples:

  • Colour includes being black or white.
  • Nationality includes being a citizen of a country such as Britain, America, France, India.
  • Ethnic or national origins include groups such as Sikhs, Jews, Romany

Gypsies and Irish Travelers.

A racial group could be ‘black Britons’ which would encompass those people who are both black and who are British citizens.

Gender Reassignment

A person who has proposed, started or completed a process to change his or her sex is protected under the Act. A transsexual person has the protected characteristic of gender reassignment. The person doesn’t have to be under medical supervision.

 Pregnancy or Maternity

A woman is protected in her employment during her pregnancy and any statutory maternity leave to which she is entitled. An employee’s period of absence due to a sickness related to pregnancy cannot be taken into account when making decisions about employment.

Marriage or Civil Partnership

Couples who are married or are in a civil partnership, regardless of their gender, are protected under the Act. Civil partners must not be treated less favourably than married couples (except were permitted by the Equality Act).

People who do not have this protected characteristic are:

  • People who are not married or civil partners
  • Someone who is engaged to be married
  • A divorcee or a person whose civil partnership has been dissolved Religion and Belief

Religion

A religion must have a clear structure and belief system. E.g.: The Baha’i faith, Buddhism, Christianity, Hinduism, Islam, Jainism, Judaism, Rastafarianism, Sikhism and Zoroastrianism.

A belief or philosophy should affect your life choices or the way you live for it to be included In the definition. It must be a weighty and substantial aspect of human life and behaviour, worthy of respect in a democratic society and does not conflict with the fundamental rights of others. E.g.: Humanism and Atheism

Disability

A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities. People who have had a disability in the past that meets this definition are also protected by the Act. Where people have the same disability, they share the protected characteristic of disability.

‘Long-term’ means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions).

‘Normal day-to-day activities’ includes everyday things like eating, washing, walking and going shopping.

Progressive conditions considered to be a disability:

People with conditions such as HIV, cancer or multiple sclerosis are protected by the Act from the point of diagnosis. People with some visual impairments are automatically deemed to be disabled.

Sexual Orientation

This is defined in the Act as a person’s sexual orientation towards their own sex (homosexual or lesbian), the opposite sex (heterosexual) or to both sexes (bisexual).


The Main Types of Discrimination…

Direct discrimination

Definition: A person is treated less favourably than another because of a protected characteristic.

Example: A B&B refuses to take a gay person’s booking.

Indirect Discrimination

Definition: A policy, rule or practice applied equally has a worse effect on people who share a certain protected characteristic.

Example: Working hours that make it difficult for people of certain faiths to apply.

Harassment

Definition: Any form of unwanted words, conduct or actions that annoy, offend, alarm, violate dignity or cause distress.

Example: An employee is frequently teased and humiliated about a speech impediment.

Victimisation

Definition: A person is treated less favourably than others because they formally complained about discrimination.

Example: An employee who is dismissed because he or she “doesn’t fit in” after he has complained about racial abuse from other employees.

Associative discrimination

Definition: Direct discrimination against someone because they associate with another person who possesses a protected characteristic.

Example: A heterosexual couple is refused a room in a hotel because they are travelling with a gay couple who have been refused a room

Perceptive discrimination

Definition: Direct discrimination against someone who is perceived to have a protected characteristic.

Example: A job application to manage a delicatessen is rejected even though he is the best qualified candidate because the deli sells wine and the owner assumes that the candidate is Muslim and will have a problem with alcohol

Interpretations…

People interpret situations differently and their interpretations will be influenced by their  experiences and background. Since we all have different experiences, we’ll all bring different perspectives and ideas which can help broaden our thinking and help us solve problems more creatively. But differences can also lead to miscommunication and conflict.

Many factors, both visible and invisible shape the people we are. Inevitably, the visible elements have a big impact our assumptions, judgements, interactions with people.

But what you can’t see has a greater influence on how people think and operate – their worldview. The more you understand someone, the better you can communicate.

This diversity tree is labelled with some of characteristics that combine to make us unique individuals. Above the ground are visible characteristics – similarities and differences we can observe directly. Below the ground and out of sight are the invisible elements that make us who we are.

 Worldviews:

Every person has a different view on the world and this view colours how they communicate and how they feel. For example, team members with different roles might take a different view on the same piece of information.

Self-analyse to improve your ability to communicate…

By analysing how you think and taking steps to overcome your biases you can improve your own communication skills and promote inclusivity.

To promote & participate in an inclusive workplace, see the world through colleagues’ eyes.


Equality and Employment Decisions…

When you join the organisation, you are expected to follow certain codes of conduct in the way you treat your colleagues, customers, suppliers and partners. These include equality, diversity and inclusion standards. You must follow them along with other behavioural standards. In this section, we’ll look at equality, diversity and inclusion in employment.

Our equality policy and dignity at work policy helps us to:

  • Make decisions that are fair.
  • Recruit + select the best person for each job.
  • Select the right training and development so

employees can reach their potential.

  • Assess and manage performance fairly.
  • Reward people properly.
  • Promote people, when they’re ready.

Our equality, diversity and inclusion standards mean you are expected:

  • To treat people with respect and dignity.
  • Not to discriminate against people you meet while working.
  • To work within the law, especially if you make employment decisions such as recruitment, selection, promotion, training.
  • To participate fully in any training.
  • To promote inclusion.

Our equality policy is about ensuring our employment decisions are fair. With recruitment & selection, we want to attract diverse candidates and use a fair selection process to hire the best person for the job. Once we’ve hired someone, we want to help everyone reach their full potential with appropriate training and development. We want to assess and manage performance fairly, reward people properly and promote them when ready.

Our equality policy helps us to:

  • Make decisions that are fair.
  • Recruit + select the best person for each job.
  • Select the right training and development so employees can reach their potential.
  • Assess and manage performance fairly.
  • Reward people properly.
  • Promote people, when they’re ready.

Inclusive Behaviours…

Our actions, words and behaviours make a difference. Behaviours that support equality and promote inclusion also underpin successful performance.

To work with others in a team means having respect for and actively building trust with colleagues, drawing out different perspectives, keeping an open mind and always looking for value in the different ideas and experience that each person brings to the table.

Having the self-confidence to challenge non-inclusive behaviours means having the confidence to express your views assertively and non-confrontationally.

Language

Most of the time people don’t intend to offend, but working with equality in mind means considering in advance what impact your behaviour could have on other people. Before you speak, how would you feel if the tables were turned?

Treating People with Respect…

Treating other people well means treating them with respect – the way you’d like to be treated. You want your colleagues to see you as an individual with valuable experience, skills and opinions to bring to the table. You want people to listen to you. You feel great if you make a contribution that no-one else could have. You want your colleagues to respect your views, beliefs and culture and make an effort to understand them. You’re likely to be offended if they poke fun at your religion, country, football team. Be aware of people’s sensitivities + culture. What is appropriate behaviour can depend on the relationship that you have with the specific individual. If you think you may have offended, apologies.

Working with people of different race, religion, culture…

People express their faith in many different ways – through beliefs, attitudes, customs and religious

observance. For many people, faith is not something that is left at home; it is taken into every aspect

of life, including the workplace. Please note the following:

  • Not all members of each religion follow all the practices and observances.
  • Neither will every member of each religion request time off for each and every festival.
  • In some instances, an adjustment to the working day to allow time to attend a prayer meeting

before or after work may be all that is requested. In many instances nothing will be requested.

  • Flexibility is required on both sides to ensure an appropriate solution is agreed.

When considering time off for religious festivals, please refer to HR for information on how to deal with requests for religious observance.

Working with people with disabilities…

This guidance summarises how you can best assist disabled employees at work.

  • It is important to note that the majority of difficulties that disabled people face are caused by a lack of awareness about their specific situation.
  • No two disabilities, illnesses or conditions are the same.
  • A lot of people assume that making adjustments for disabled people is a very complicated and complex process. However, the majority of changes required are often minor such as a change in     process.

Some basic principles apply:

  • Always ensure you refer to the individual for guidance on the appropriate adjustments to make.
  • The individual is the expert on their own disability, illness or condition.
  • Check general etiquette in terms of language that they would prefer to be used. Many disabled people do not view themselves as having a disability and do not feel that any label should apply.
  • Where appropriate, check the steps that can be taken to increase awareness and understanding of their situation across the team / business area.
  • Increasing awareness could be undertaken in a number of ways. This might be as simple as circulating a note to colleagues on tips that they can do to help and things that they should avoid.
  • Gently remind colleagues who may forget the hints and tips that they have been told. Disabilities that are not visible to others can sometimes be forgotten.
  • Ensure you regularly cover any issues of concern with the employee during 1:1 meetings.
  • Deal with any difficult or inappropriate situations by referring to the guidance that has been outlined in this learning. Refer to HR, where in doubt.
  • The employee must understand that they have a key role to play in helping you and their colleagues to understand their situation. The employee should accept that not everyone will automatically know how best to help.
  • Always refer to our policy and procedures manual for specific information.
  • If you need any advice on making reasonable adjustments, please contact HR.

Harassment and Bullying…

Harassment can be in the form of words – jokes, comments, abuse, or ridicule. It might be inappropriate physical contact. It might be inappropriate images, printed or electronic. One form of harassment that’s often in the headlines is sexual harassment. Sexual harassment can include all of the behaviours shown. Remember that harassment can be about age, disability; gender reassignment; race; religion or belief; sex; and sexual orientation.

Forms of sexual harassment include:

  • Touching
  • Standing too close
  • Displaying offensive materials
  • Asking for sexual favours
  • Making decisions on the basis of sexual advances being accepted or rejected

We aim to encourage a positive working environment where bullying, harassment, inappropriate behaviour and attitude are not acceptable in our workplace.

Why might victims not speak out

Many victims of harassment – any kind of harassment – don’t feel able to report the problem to HR or their manager for many reasons, including:

  • They want to fit in
  • They are worried about retaliation
  • They feel embarrassed
  • They don’t know who to talk to
  • Colleagues seem to accept the behaviour
  • They feel that “it will go away” or don’t want to “make a fuss.” but harassment rarely stops on its own; in fact, it’s likely to worsen and a victim could become unwell, stressed or leave.

If harassment happens to you, you can feel confident that the organisation will take you seriously and protect you from retaliation. So, please report it; if not to your manager, to HR or another responsible person or you can discuss your concerns.

Bullying…

While harassment is a clearly defined offence, bullying isn’t, but it’s still unacceptable behaviour. Most people will agree about extreme cases of bullying but there are “grey” areas – one person’s firm management is another’s bullying. Here’s a list of unacceptable behaviours that can help make things clearer.

  • Spreading malicious rumours
  • Insulting someone by word or behaviour
  • Using email to publicly criticise
  • Ridiculing or demeaning someone
  • Picking on someone or setting them up to fail
  • Exclusion or retaliation
  • Unfair treatment
  • Overbearing supervision
  • Misuse of power or position
  • Unwelcome sexual advances – touching, standing too close, display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected
  • Making threats or comments about job security without foundation
  • Deliberately undermining a competent worker by overloading and constant criticism
  • Preventing progression by blocking promotion or training opportunities

Reporting harassment, bullying or discrimination…

It is essential to report any of these. If you don’t, the victim continues to suffer, the message to colleagues is that this behaviour is acceptable, and the organisation may become exposed to legal action. Report it to your manager who can follow the organisation’s guidelines on documenting and investigating what’s happening. If you are a manager, you must make sure you understand our policy on equality and whistle-blowing, so you can respond appropriately. You must take complaints seriously.

Report harassment, otherwise…

Avoiding Unintentional Harassment…

People can harass unintentionally. They can be totally unaware that what they are saying or doing is offending someone. Usually because they’ve always behaved in that way and that they were brought up thinking that it’s an acceptable way to behave.

In today’s diverse workplace and society, what’s “joking around” to you, may be completely unacceptable to a co-worker, so how do you tell if you are crossing the line?

If you think someone is unintentionally harassing you; ask them to stop – politely, explain what is causing the problem and how you feel. If the harassment doesn’t stop, report it….The victim continues to suffer

Summary…

We want to recognise and get the best from the differences between people by creating an inclusive workplace. Everyone needs to contribute. You should be confident you understand:

  • What equality, diversity and inclusion are
  • The essentials of the equality act
  • The benefits diversity can bring
  • How equality law affects any employment decisions you have to make
  • How to act, behave and communicate to promote inclusivity
  • How to challenge unacceptable behaviour including harassment & bullying
  • How to monitor your own behaviour