Meeting documents

Cabinet
Wednesday, 1st September, 2004

1 Introduction to our Equal Opportunities policy

1.1 We believe:

1.1.1 in a fair society that offers everyone an equal chance to learn, work and live free from discrimination, harassment and prejudice;

1.1.2 that the diversity of our community is an asset to Bath & North East Somerset;

1.1.3 in fighting against discrimination.

1.2 The council is committed to equality of opportunity and action to ensure that its employees and the people it serves are not discriminated against or receive less favourable treatment on the basis of their:

1.2.1 age

1.2.2 disability

1.2.3 ethnic or national origin, race or colour

1.2.4 financial or economic status

1.2.5 gender or marital status

1.2.6 HIV status

1.2.7 homelessness or having no fixed address

1.2.9 political view or trade union activity

1.2.10 religion or belief

1.2.11 sexuality

1.2.12 unrelated criminal convictions.

1.3 This policy sets out our commitment to opposing all forms of discrimination.

1.4 This policy applies to those who live, work and visit Bath & North East Somerset, to those who provide us with goods or services and those with whom we contract.

1.5 We will:

1.5.1 use our resources to help those who are disadvantaged.

1.5.2 make sure we are a fair and equitable employer at all times.

1.6 We will make sure that all of our policies, service plans, practises and procedures comply with our equal opportunities policy.

1.7 We will work with local and national organisations to make sure we meet the needs of disadvantaged groups.

2 Our commitment to provide services

2.1 We aim to:

2.1.1 provide appropriate, accessible and effective services and facilities to all sections of the community without prejudice or bias.

2.1.2 provide clear information about our services in a variety of formats such as large print, taped information and translated into appropriate community languages on request.

2.1.3 work in partnership with all sections of the community.

2.1.4 have structures and frameworks to enable all sections of the community to take part in any decisions we make.

2.1.5 encourage and support people to participate in community life.

2.1.7 review our service provision to ensure that services do not discriminate.

2.1.8 monitor our services and identify where improvements can be made.

2.1.9 provide an environment free from harassment and violence.

2.1.10 act promptly when we receive complaints about the way we provide services.

3 Our commitment to job applicants and employees

3.1 Commitment

3.1.1 We are committed to making sure that we provide equality of opportunity in employment.

3.1.2 The aim of this policy is to make sure that we do not unfairly discriminate against any job applicant or employee for any reason.

3.2 Job applicants

3.2.1 We will make sure that we do not unfairly discriminate when we decide whom to employ so that the best people are appointed.

3.2.2 We will only consider applicants for jobs on the basis of their relevant experience, qualifications, skills and abilities.

3.2.3 We aim to have a workforce which is representative of the local population.

3.3 Employees

3.3.1 We will make sure that every employee receives fair and equal treatment.

3.3.2 We will value and respect the identities and cultures of our employees.

3.3.3 Our employees will be treated fairly in relation to transfers, redundancy and the operation of grievance and disciplinary procedures.

3.3.4 We will make sure the workplace is free from discrimination and harassment and will act promptly on complaints of discrimination or harassment.

3.3.5 Wherever possible we will provide a workplace which is accessible to disabled people.

3.3.6 Wherever possible we will retain employees who become disabled.

3.3.7 We will give our employees clear information about selection and training.

3.3.8 We will encourage and enable all our employees to reach their full potential.

3.3.9 We will make sure that we work according to the relevant legislation and statutory codes of practice.

3.3.10 We will apply our employment equal opportunities policy through a code of practice for recruitment and promotion, training programmes and grievance procedures.

3.3.11 We will monitor and review our equal opportunities policy regularly.

4 Responsibility for the policy and implementation

4.1 Responsibility

4.1.1 The Elected Members, Chief Executive and Directors' Group have lead responsibility for implementing and monitoring this policy.

4.1.2 Each Director and all employees with supervisory responsibility are responsible for implementing, monitoring and promoting this policy.

4.1.3 Managers are responsible that employees are fully aware and understand the Council's Equal Opportunities Policy.

4.1.4 Every employee is responsible for making this policy work.

4.1.5 If an employee does not follow the equal opportunities policy this will be treated as a disciplinary offence.

4.1.6. Employees must make sure they do not:

· Ignore incidences of discrimination,

· Unlawfully discriminate against anyone,

· Persuade another person to discriminate,

· Harass, victimise or abuse other employees or members of the public for any reason,

· Staff will not be expected to tolerate discrimination from service users, providers or any third party.

4.2 Implementation

4.2.1 To make sure that the equal opportunities policy is fully effective, the Council will:

4.2.1.1 actively promote this equal opportunities policy.

4.2.1.2 regularly monitor and review all of our selection procedures and criteria, and change them if they discriminate against anyone.

4.2.1.3 make sure that all employees and job applicants know about and commit to support this policy.

4.2.1.4 take appropriate action if any employee breaks the conditions of this policy.

4.2.1.5 provide training and guidance for all staff and particularly for Human Resources staff, line managers and supervisors to make sure that they understand their legal responsibilities.

4.2.1.6 provide positive action training programmes (where legally permissible) to under-represented groups to redress current imbalances, for example, through recruitment, career development and training.

4.3 The role of the trade unions

4.3.1 Trade unions are key partners in making the policy work. The involvement, support and participation of employees and their trade unions is essential.

5 Key areas

5.1 Age

5.1.1 We are committed to tackling age discrimination, which can affect all people, particularly when they apply for jobs.

5.1.2 We will make sure that we select applicants for jobs solely on the basis of their relevant experience, qualifications, skills and abilities.

5.1.3 We will make reasonable adjustment to ensure that services are delivered appropriately to older people and to young people and children.

5.2 Disability

5.2.1 We recognise that disabled people experience discrimination and prejudice in our society, thus we recognise that disabled people may be prevented from achieving their full potential.

5.2.2 We recognise that the term "disability" covers many areas including sensory and physical impairment, learning difficulty and mental ill health. We need to ensure disabled people have fair and equal access to jobs and to our services. We will make sure that we take the needs of disabled people into account at all times. We will work towards raising awareness of the needs and the potential of disabled people among other local employers and service providers.

5.2.3 We will make reasonable adjustment to ensure that services are delivered appropriately to disabled people.

5.2.4 We will ensure that the recruitment and selection process is accessible to disabled people. Specific measures will include: producing recruitment literature in appropriate formats on request, modifying test and assessment processes and providing appropriate support to new employees using whatever means are practicable.

5.2.5 We will raise awareness of line managers and staff involved in recruitment and selection to enable them to recognise and meet the needs of disabled people.

5.2.6 We will ensure that all disabled employees are provided with appropriate and effective reasonable adjustment.

5.2.7 We will make sure that if an employee becomes disabled the Council will offer appropriate support to enable them to retain their job. If this is not possible we will work to find the employee another job which will enable them to achieve their potential.

5.2.8 We are committed to employing disabled people and making sure they are fairly represented across all grades and departments, and will encourage disabled people to apply for jobs in areas where they are under-represented within the council.

5.2.9 We will make sure that we give all disabled employees fair and equal access to jobs, promotion and training.

5.2.10 Disabled employees may experience discrimination, victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another.

5.2.11 We recognise that disabled people may also face other forms of discrimination, because, for example, of their ethnicity, sexuality or gender.

5.2.12 We will work with local and national organisations to improve disabled peoples rights.

5.3 Ethnic or National Origin, Race or Colour.

5.3.1 We recognise that some people may be discriminated against because of their colour, race, ethnic origin and nationality (including citizenship).

5.3.2 We are committed to challenging all forms of racial discrimination. We will develop policies, procedures and practices to ensure people from Black and Minority Ethnic communities have fair and equal access to our services and job opportunities.

5.3.3 We will make reasonable adjustment to ensure that services are delivered appropriately to people from Black and Minority Ethnic communities.

5.3.4 In order to provide services appropriate to the needs of everyone in the area the workforce should reflect the population of Bath and North East Somerset at every level.

5.3.5 People from Black and Minority Ethnic communities will be encouraged to apply for jobs in under-represented areas within the council.

5.3.6 We will make sure that all Black and Minority Ethnic employees have fair and equal access to jobs, promotion and training.

5.3.7 Black and Minority Ethnic employees may experience discrimination, victimisation or harassment at work. We aim to ensure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another.

5.3.8 We recognise that people from Black and Minority Ethnic communities may face other forms of discrimination, as a consequence, for example, of their sexuality, disability or gender.

5.3.9 We will work with local and national organisations to improve the rights of people from Black and Minority Ethnic communities.

5.3.10 We will take account of the needs, experiences and views of people from Black and Minority Ethnic communities.

5.4 Financial or Economic Status

5.4.1 We recognise that people experience discrimination and prejudice in our society due to having a low income.

5.4.2 We aim to improve the quality of life for everyone in Bath and North East Somerset by building a sustainable economy, encouraging social cohesion, securing a healthy environment and promoting democratic rights.

5.4.3 We will develop anti-poverty initiatives which are designed to increase job opportunities and local skills, and maximise income.

5.4.4 We will ensure people with a low income have equal access to Council services and develop partnerships across Council departments, with public agencies, the voluntary sector and local business to co-ordinate activities, resources and fundraising.

5.5 Gender or Marital Status

5.5.1 We acknowledge that Women, Men and Transgendered people often experience prejudice and discrimination because of their sex, gender identity, characteristics or expression, responsibilities for children, and marital status. This means that they may not get equal access to services and job opportunities

5.5.2 We recognise that Women, Men and Transgendered people may face other forms of discrimination, due for example, to their ethnicity, disability or sexuality.

5.5.3 We will make sure that we give all people fair and equal access to jobs, promotion and training, and are committed to making sure that there is fair representation within employed council staff.

5.5.4 We will support people taking maternity, paternity and adoption leave or time off to undergo fertility treatment, or to care for children or other dependants.

5.5.5 Women, Men and Transgendered people may experience discrimination, victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another.

5.5.6 We will support employees so they can be open about their gender identity, characteristics or expression if they choose.

5.5.7 We recognise that some work which Women carry out is undervalued and we will seek to improve the working conditions of women in low paid jobs.

5.5.8 We will work with local and national organisations in the field of gender to improve people's rights.

5.5.9 We will take account of the needs, experiences and views of Women, Men and Transgendered people.

5.6 HIV Status.

5.6.1 We are committed to making sure that no employee or service user is discriminated against because they are HIV positive, thought to be HIV positive, or by association with someone who is, or who is thought to be, HIV positive.

5.6.2 We will aim to ensure employees who are HIV positive can continue to work for us where possible.

5.6.3 No job applicant or employee will be required to undergo HIV antibody testing.

5.6.4 Employees who are HIV positive, including people with non-symptomatic HIV will be treated in the same way as those with other long-term and progressive illnesses and are covered by the Disability Discrimination Act.

5.6.5 We will aim to make sure that the services we provide are accessible and appropriate to people living with HIV.

5.6.6 We will take full account of their particular needs and requirements of people living with HIV.

5.7 Homelessness or having no fixed address

5.7.1 We recognise that some people may be discriminated against because they are homeless or have no fixed address, and do not get equal access to services and job opportunities or benefits.

5.7.2 We believe that everyone should have the opportunity to live in a secure and affordable home.

5.7.3 We aim to ensure that our services, policy and practices do not unjustifiably discriminate against people who have no fixed address.

5.8 Political view or Trade Union activity.

5.8.1 We recognise that some people experience prejudice or discrimination because of their political views or involvement with/affiliation to Trades Unions.

5.8.2 We value and support the work of the Trades Unions and welcome the continued constructive working relationship that we have with the Trades Unions.

5.9 Religion or Belief

5.9.1 We recognise that some people may be discriminated against because of their religion or belief, or their assumed religion or belief.

5.9.2 We respect the right to practise religious belief and we will, where practicable, take account of specific religious needs in service delivery and employment.

5.9.3 We recognise that people with religious faith or belief may face other forms of discrimination, due, for example, to their ethnicity, disability, gender or sexuality.

5.10 Sexuality

5.10.1 We recognise that Lesbians, Gay Men and Bisexual people may be discriminated against because of their sexuality, or assumed sexuality, and do not get equal access to services and job opportunities or benefits.

5.10.2 We will make reasonable adjustment to ensure that services are delivered appropriately to Lesbians, Gay Men and Bisexual people.

5.10.3 We will work to make sure that we give all Lesbian, Gay and Bisexual employees fair and equal access to jobs, promotion and training.

5.10.4 We will develop policies, procedures and practices which benefit Lesbians, Gay Men and Bisexual people and will support Lesbian, Gay and Bisexual employees so they can be open about their sexuality if they choose.

5.10.5 Lesbian, Gay and Bisexual employees may experience discrimination victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another.

5.10.6 We recognise that Lesbians, Gay Men and Bisexual people may face other forms of discrimination, because, for example, of their ethnicity, disability or gender.

5.10.7 We will support people taking maternity, paternity and adoption leave or time off to undergo fertility treatment or to care for children or other dependants.

5.10.8 We are committed to improving the quality of life for all Lesbians, Gay Men and Bisexual people in Bath and North East Somerset and we will work with local and national organisations to improve Lesbian, Gay and Bisexual peoples' rights.

5.10.9 We will take account of the needs, experiences and views of Lesbians, Gay Men and Bisexual people.

5.11 Unrelated criminal convictions

5.11.1 We acknowledge that some people experience prejudice and discrimination because of previous criminal convictions or history of offending behaviour. This means that they do not get equal access to services and job opportunities.

5.11.2 We undertake to ensure that employment opportunities and service delivery will not be affected by unrelated criminal convictions.