Meeting documents

Bath & North East Somerset

Equal Opportunities Policy

Final Version

August 2004

Contents

1 Introduction to our Equal Opportunities policy 2

2 Our commitment to provide services 4

3 Our commitment to job applicants and employees 5

4 Responsibility for the policy and implementation 6

5 Key areas 8

This document about the Bath & North East Somerset Equal Opportunities Policy can be made available in a range of languages, large print, on tape, electronic and other accessible formats from the Corporate Equalities Team. Tel: 01225 477964, Fax: 01225 477933, Minicom: 01225 396155, or e-mail: equality@bathnes.gov.uk

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 financial or economic status

1.2.4 gender or marital status

1.2.5 HIV status

1.2.6 homelessness or lack of a fixed address

1.2.7 political view or trade union activity

1.2.8 race, colour, ethnic or national origin

1.2.9 religion or belief

1.2.10 sexual orientation

1.2.11 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 enable people to receive equality of opportunity in employment and service delivery.

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, practices and procedures comply with our equal opportunities policy.

1.7 We will work with local and national organisations to enhance equality of opportunity for "disadvantaged" groups.

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 in a range of languages, large print, on tape, electronic and other accessible formats, on request.

2.1.3 work in partnership with all sections of our community.

2.1.4 have structures and frameworks which encourage people to be involved in our decision making.

2.1.5 encourage and support people to participate in community life.

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

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

2.1.8 provide an environment free from harassment and violence.

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

3.1 Commitment

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

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 right people are appointed.

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

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

3.2.4 The Council will encourage people from under-represented groups to apply for employment within the Council, and will enable them to obtain employment on merit.

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 our employees identities and cultures.

3.3.3 Our employees will be treated fairly in relation to pay, training, promotion, redeployment, redundancy, complaints, grievances and disciplinary proceedings.

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, practicable and reasonable we will provide a workplace which is accessible to disabled people.

3.3.6 Wherever possible, practicable and reasonable we will retain employees who become disabled.

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

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

3.3.9 We will monitor and review our equal opportunities policy and the equality commitment documents annually.

4.1 Responsibility

4.1.1 The Elected Members, Chief Executive, Directors and Heads of Service have lead responsibility for implementing this policy and implementing monitoring of 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 for ensuring that employees are fully aware of 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 may 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, incite or encourage another person to discriminate,

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

4.1.7 Staff will not be expected to tolerate discrimination from service users, other staff members, 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.

5.1 Age

5.1.1 We recognise that some people experience discrimination and prejudice in our society on the basis of their age, thus we recognise that they may be prevented from achieving their full potential.

5.1.2 We are committed to challenging all forms of unfair age discrimination (e.g. ageism towards older or younger people). We will develop policies, procedures and practices to ensure people have fair and equal access to our services and job opportunities.

5.1.3 We will make sure that we take account of the needs, views and experiences of people of all ages. We will work towards raising awareness of the needs and the potential of people of all ages among local employers and service providers.

5.1.4 We will make reasonable adjustment to ensure that services are delivered appropriately.

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

5.1.6 Employees of all ages can 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.

5.1.7 We recognise that people of all ages may also face other forms of discrimination, because, for example, of their disability, Sexual orientation and/or gender.

5.1.8 We will work with local and national organisations to improve the rights of people of all ages.

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 "disability" includes sensory and physical impairment, learning difficulty and mental ill health, and we have adopted the Social Model of Disability.

5.2.3 We are committed to challenging all forms of unfair disability discrimination (e.g. disablism). We will develop policies, procedures and practices to ensure disabled people have fair and equal access to our services and job opportunities

5.2.4 We will make sure that we take account of the needs, views and experiences of disabled people. We will work towards raising awareness of the needs and the potential of disabled people among local employers and service providers.

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

5.2.6 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 reasonable and practicable.

5.2.7 We will ensure that all people involved in recruitment and selection are able to address the needs of disabled people.

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

5.2.9 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.

5.2.10 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.

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

5.2.12 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.

5.2.13 We recognise that disabled people may also face other forms of discrimination, because, for example, of their ethnicity, Sexual orientation and/or gender.

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

5.3 Financial or Economic Status

5.3.1 We recognise that some people experience discrimination and prejudice in our society on the basis of having a low income, and may be prevented from achieving their full potential.

5.3.2 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.

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

5.3.4 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.

5.3.5 We recognise that people with a low income may also face other forms of discrimination, because, for example, of their disability, sexual orientation, race and/or gender.

5.3.6 We will work with local and national organisations to improve the rights of people who have a low income.

5.4 Gender or Marital Status

5.4.1 We recognise that some people experience discrimination and prejudice in our society on the basis of their sex, gender identity, characteristics or expression, responsibilities for children, and marital status, and thus may be prevented from achieving their full potential.

5.4.2 We are committed to challenging all forms of unfair gender discrimination (e.g. sexism, transphobia). We will develop policies, procedures and practices to ensure women, men and transgendered people have fair and equal access to our services and job opportunities.

5.4.3 We will make sure that we take account of the needs, views and experiences of women, men and transgendered people. We will work towards raising awareness of the needs and the potential of all people regardless of their sex, gender identity, characteristics or expression among local employers and service providers.

5.4.4 We will make reasonable adjustment to ensure that services are delivered appropriately to people regardless of their sex, gender identity, characteristics or expression.

5.4.5 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, in accordance with current policy.

5.4.6 People may experience discrimination, victimisation or harassment at work because of their sex, gender identity, characteristics or expression. 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.

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

5.4.8 We recognise that gender stereotyped work can be undervalued and we will seek to improve the working conditions of women in low paid jobs.

5.4.9 We recognise that men, women and transgendered people may also face other forms of discrimination, because, for example, of their disability, Sexual orientation and/or race.

5.4.10 We will work with local and national organisations in the field of gender to improve peoples' rights.

5.5.1 We recognise that some people experience discrimination and prejudice in our society on the basis of their HIV status (or their assumed HIV status), thus we recognise that they may be prevented from achieving their full potential.

5.5.2 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. We will develop policies, procedures and practices to ensure that people living with HIV have fair and equal access to our services and job opportunities.

5.5.3 We will make sure that we take account of the needs, views and experiences of people living with HIV. We will work towards raising awareness of the needs and the potential of people living with HIV among local employers and service providers.

5.5.4 We will make reasonable adjustment to ensure that services are delivered appropriately to people living with HIV.

5.5.5 We will make sure that we give all employees living with HIV fair and equal access to jobs, promotion and training.

5.5.6 We will comply with legislation; no job applicant or employee will be required to undergo HIV antibody testing.

5.5.7 People 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.

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

5.5.9 We will make sure that the Council will offer appropriate support to employees who are HIV positive 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.

5.5.10 We recognise that people living with HIV may also face other forms of discrimination, because, for example, of their disability, Sexual orientation and/or race.

5.5.11 We will work with local and national organisations in the field of HIV to improve the rights of people living with, and affected by, HIV.

5.6 Homelessness or lack of a fixed address

5.6.1 We recognise that some people experience discrimination and prejudice in our society because they are homeless or do not have a fixed address, thus we recognise that they may be prevented from achieving their full potential.

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

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

5.6.4 We will work with local and national organisations to improve homeless peoples' rights.

5.7 Political view or Trade Union activity.

5.7.1 We recognise that some people experience prejudice or discrimination because of their political views or involvement with/affiliation to Trades Unions, and may be prevented from achieving their full potential.

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

5.7.3 The Council requires staff when at work to support the expressed values of the Council.

5.8 Race, Colour, Ethnic or National Origin.

5.8.1 We recognise that some people experience discrimination and prejudice in our society on the basis of their Race, Colour, Ethnic or National Origin, thus we recognise that Black and Minority Ethnic people may be prevented from achieving their full potential.

5.8.2 We are committed to challenging all forms of unfair racial discrimination (e.g. racism, xenophobia). We will develop policies, procedures and practices to ensure Black and Minority Ethnic people have fair and equal access to our services and job opportunities.

5.8.3 We will make sure that we take account of the needs, views and experiences of Black and Minority Ethnic people. We will work towards raising awareness of the needs and the potential of Black and Minority Ethnic people among local employers and service providers.

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

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

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

5.8.7 Black and Minority Ethnic 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.

5.8.8 We recognise that Black and Minority Ethnic people may also face other forms of discrimination, because, for example, of their disability, Sexual orientation and/or gender.

5.8.9 We will work with local and national organisations to improve Black and Minority Ethnic peoples' rights.

5.9 Religion or Belief

5.9.1 We recognise that some people experience discrimination and prejudice in our society on the basis of their Religion or Belief, thus we recognise that people of religious or other belief may be prevented from achieving their full potential.

5.9.2 We are committed to challenging all forms of unfair discrimination based on a person's religion or belief (or their assumed religion or belief) (e.g. Islamaphobia).

5.9.3 We will make sure that we take account of the needs, views and experiences of people with religious or other beliefs. We will work towards raising awareness of the needs and the potential of people with religious or other beliefs among local employers and service providers.

5.9.4 We will make reasonable adjustment to ensure that services are delivered appropriately to people of religious or other beliefs.

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

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

5.9.7 Employees with religious or other beliefs 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.

5.9.8 We recognise that people with religious faith or belief may face other forms of discrimination, due, for example, to their ethnicity, disability, gender and/or Sexual orientation.

5.9.9 We will develop policies, procedures and practices which ensure equality of treatment for people of religious or other beliefs and will support employees so they can be open about their religious or other beliefs if they choose.

5.9.11 We will work with local and national organisations to improve the rights of people with religious or other beliefs.

5.10 Sexual Orientation

5.10.1 We recognise that Lesbians, Gay Men and Bisexual people may be discriminated against because of their Sexual orientation, or assumed Sexual orientation, thus we recognise that Lesbians, Gay Men and Bisexual people may be prevented from achieving their full potential.

5.10.2 We are committed to challenging all forms of unfair Sexual orientation discrimination (e.g. heterosexism, homophobia). We will develop policies, procedures and practices to ensure Lesbians, Gay Men & Bisexual people have fair and equal access to our services and job opportunities.

5.10.3 We will make sure that we take account of the needs, views and experiences of Lesbians, Gay Men and Bisexual people. We will work towards raising awareness of the needs and the potential of Lesbians, Gay Men and Bisexual people among local employers and service providers.

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

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

5.10.6 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.

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

5.10.8 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, in accordance with current policy.

5.10.9 We will develop policies, procedures and practices which ensure equality of treatment for Lesbians, Gay Men and Bisexual people and will support Lesbian, Gay and Bisexual employees so they can be open about their sexual orientation if they choose.

5.10.10 We will work with local and national organisations to improve Lesbian, Gay and Bisexual peoples' rights.

5.11 Unrelated criminal convictions

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

5.11.2 The Council is fully committed to the provision of safe care and support to vulnerable people. Within this context, we undertake to ensure employment opportunities and service delivery which will not be affected by unrelated criminal convictions.