Meeting documents

Bath & North East Somerset

Equality Commitment

Final Version

August 2004

Contents

1. Statement of intent 2

2. Employment 2

3. Employment commitments 3

4. Service delivery 4

5. Service Delivery Commitments 5

6. Partnerships 6

7. Other Parties 7

8. Procurement 7

9. Responsibility for policy implementation and monitoring 8

10. Amendments to this policy 8

Appendix 1: The Legal framework 9

Appendix 2: Definitions 11

References: 15

Useful Contacts: 16

This document about the Bath & North East Somerset Equality Commitment 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. Statement of intent

1.1 Bath and North East Somerset Council is committed to equality of opportunity for the whole community and believes that the diversity of the community is a major strength which contributes to the social and economic prosperity of the area. The Council commits to ensure that no resident of, or visitor to the area, job applicant, employee or other person associated with the Council is treated inequitably or in an unlawful or unjustifiably discriminatory manner.

1.2 This document is to be read in conjunction with the Bath & North East Somerset Council Equal Opportunities Policy.

1.3 The Council recognises that people from specific key groups may experience discrimination and less favourable treatment on the grounds of their: age, disability, race, colour, ethnic or national origin, financial or economic status, gender or marital status, HIV status, homelessness or lack of a fixed address, political view or trade union activity, religion or belief, sexuality or unrelated criminal convictions. ¹

1.4 The Council will take positive steps to stop any unfair/unlawful discrimination, and carry our positive action where lawful.

1.5 The leadership and day to day operation of this policy rests with Elected Members, the Chief Executive, Directors and Heads of Service, and they must ensure that all employees within their area of responsibility, partners and contractors, are aware of the policy and understand their role in its implementation. In order to make this policy widely known and understood, all service areas of the Council will draw up strategies and action plans for the implementation of these policies, including timescales and performance measures, and report annually to the appropriate Elected Members/ Executive Member on their implementation.

1.6 Coordination of Equalities in each Director's area of responsibility will rest with a nominated equality co-ordinator who will liaise with all service areas and will take advice and guidance from the Equalities Team through regular meetings and briefings.

1.7 The Council will develop, implement and review its policies in consultation with trade unions, staff associations, and other appropriate representatives of employees, residents, visitors, service users, partner agencies and voluntary and community organisations.²

2. Employment

2.1 Bath and North East Somerset Council is one of the largest employers in the area. In recognition of its role as a community partnership leader, and its firm commitment to equality of opportunity, the Council intends to be a champion of equal opportunity principles and practice as an employer. The Council is committed to reviewing all policies, practices and procedures in order to remove potential barriers to equality of opportunity.

2.2 The Council will ensure that no job applicant or employee receives less favourable treatment which cannot be shown to be justifiable. ³

3. Employment commitments

3.1 Selection criteria and procedures will ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities. The Council will ensure that at least the chair of every selection or interview panel will be equipped and trained in fair selection procedures, and will work towards ensuring that all panel members have received this training. ^{4, 5}

3.2 The Council is committed to having a workforce that mirrors the diversity of the local community. The Council will set recruitment targets for workforce, management and senior management representation for Black and Minority Ethnic people, disabled people and women (targets will be increased to include other groups from key areas over time and when necessary). These targets will be informed by the local labour market.

3.3 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. ⁶

3.4 Equality monitoring in employment is an essential part of the Council's Equalities commitment. The Council will monitor all stages of the recruitment and selection process. It will monitor representation within the workforce by department, pay, training, promotion, redeployment, redundancy, complaints, investigations, grievances and disciplinary proceedings. ⁷

3.5 The Council will strive to ensure that its employment policy, practices and arrangements are flexible and will support, as far as is lawful, reasonable and practicable, specific needs and requirements of individuals and groups. The Council will also encourage other local employers to adopt such policies.

3.6 The Council will work towards retaining employees who become disabled or those with progressive disability. The Council recognises that some disabled people may need assistance to attain or retain employment, and is committed to providing `reasonable adjustment' in employment. ⁸

3.7 Bath and North East Somerset Council is committed to ensuring that women and men receive equal treatment. The Council believes that pay should be awarded fairly and equitably, and will regularly review its job evaluation and grading systems.⁹

3.8 The Council is committed to consulting its staff on all employment matters and understands that the successful promotion of equality of opportunity involves the support and participation of staff, staff groups and Trade Unions.

3.9 The Council will not discriminate against any employee on the grounds of his or her personal views or activities except where those views are opposed and/or detrimental to the principles and values of the Council.

3.10 The Council is committed to providing a safe and secure environment for all staff, and to taking action against all forms of discrimination and harassment. The Council will not tolerate any harassment, whether physical or verbal, of employees by members of the public or colleagues. The Council will take prompt action on any employee grievance concerning discrimination, victimisation or harassment. The Council will provide an effective response to deal with perpetrators, and provide support for complainants. ¹⁰

3.11 Bath and North East Somerset is committed to providing physically safe working conditions. ^{11 12}

2.12 The Council offers equalities training to all employees, and individual participation will be considered at each annual performance review. ¹³

2.13 The Council will ensure that all training courses provided for its staff will comply with equality of opportunity in their selection, content, methods, materials and assessment.

4. Service delivery

4.1 Bath and North East Somerset Council is committed to ensuring that its services are accessible, and seeks to ensure that current and potential service users do not experience barriers in accessing services. The Council will ensure that the range and quality of services provided are appropriate and sensitive to the needs of the people of Bath and North East Somerset.

4.2 The Council will ensure that no service user is subjected to unjustifiable discrimination in the delivery of any of the Council's services. In addition it will promote equality, diversity and social inclusion amongst our partners in the services they provide.

4.3 In order to achieve this, the Council will ensure that equality issues are considered at the outset of all policy development and planning and become an integral part of the way that all services are delivered. Policies and practices will be monitored to ensure that services being delivered do not have an unjustifiable adverse impact. It is the responsibility of each Head of Service to ensure that actions to meet the needs of the specific key groups are included in their annual service planning.

5. Service Delivery Commitments

5.1 All service areas of the Council will ensure that services are responsive to the changing and diverse needs existing within the community and that service users receive equitable treatment when accessing services.

5.2 The Council will ensure that service users are aware of their rights and entitlements when receiving services.

5.3 Services, facilities and information systems will be accessible with specific provision meeting individual needs where appropriate.

5.4 Reasonable adjustment will be made in the provision of services for disabled people and in relation to the physical features of our facilities to reduce physical barriers to services.

5.5 Equality Impact Assessments will be carried out for all services, and action plans will be monitored to ensure equality of opportunity for all.

5.6 Complaints about services will be dealt with promptly and will be monitored against all equality areas covered by legislation. ^{14, 15}

5.7 We will endeavour to ensure that all sections of the community are involved in our consultation processes. ¹⁶

5.8 We embrace the wide variety of lifestyles and cultures in Bath & North East Somerset, and we will encourage and support the opportunity for all to actively participate in community life.

6. Partnerships

6.1 The Council has a role as leader of community partnerships, realised primarily through the Local Strategic Partnership for Bath and North East Somerset. The LSP has produced a Community Strategy for the area which is a key means by which the Council's Equality Commitment and Policy will be implemented.

6.2 `Inclusion' is one of five shared ambitions which cross-cut how each of the six Community Strategy Improvement ambitions are being delivered. To this end each ambition has performance objectives specifically linked to inclusion and equality and a number of early actions have been identified to kick start progress.

6.3 A recent Council Partnership Review highlighted lack of consistency and alignment amongst Partnerships in which we have been involved in the past, and is currently developing a new methodology to ensure all Partnerships are effective in delivering the Community Strategy ambitions. The Council will ensure that this methodology enables the delivery of equality objectives. Specifically:

6.3.1 The Council will ensure that all work undertaken in partnership is in line with our Equality Commitment, and that all services provided in partnership are appropriate and sensitive to the needs of the people of Bath and North East Somerset. All Partners will receive a copy of the Council's Equality Commitment and Policy. Through appropriate monitoring we shall ensure that any agency working in partnership with the Council does not practice unlawful acts of discrimination. ¹⁷

6.3.2 The Council will ensure that all Terms of Reference and other relevant Partnership documentation complies with the Council's equality guidelines and all relevant legislation. It is the responsibility of each Head of Service to ensure that actions to meet the needs of the specific key groups are included in Partnership Plans and Strategies, and that appropriate monitoring mechanisms are in place.

6.3.3 The Council will ensure that all grant-funded partners adhere to our Equality Commitment by the inclusion of equality as a criterion by which grants are allocated and the inclusion of equality objectives in Service Level Agreements.

6.3.4 Equality Impact Assessments for all services will extend to services delivered in partnership, and action plans monitored to ensure there are no significant differences in satisfaction for all groups.

6.3.5 The Council will encourage organisations which represent a range of community interests to become involved in partnership working, and will seek, wherever justifiable, to ensure that the interests of the specific key groups are explicitly represented on each Partnership.

6.3.6 The Council will encourage Partners to undertake equality awareness training.

7. Other parties

7.1 It is recognised that there are other third parties who have a relationship with the Council, either working on behalf of or with the Council, who are not Partners or Contractors.

7.2 The Council will expect these third parties to adhere to the Equality Commitment and will challenge any relationship that works to its detriment. It is expected that these third parties work with the Council in the spirit of this document and that the Council would challenge and disengage from any relationship that was deemed to be working outside of this ethic.

8. Procurement

8.1 The Council will ensure that the purchase of goods, services and facilities is undertaken in line with our Equality Commitment. The Council will ensure that all contracts comply with the Council's equality guidelines, procurement equality strategy and all relevant legislation; we positively promote equality through the contracting process. Through appropriate monitoring we shall ensure that individuals, voluntary organisations, firms or institutions acting on behalf or as agents of the Council do not practice unlawful acts of discrimination. ^{17, 18, 19}

8.2 The Council believes in Competition in awarding contracts as this:

8.3 The Council will encourage the local community to take up opportunities to contract and will seek, wherever justifiable, to offer contracts within the local community's ability to deliver, ensuring that they comply with EU legislation on procurement and geographic location.

8.4 Opportunities to contract with the Council will, as a minimum, be advertised locally with additional advertising in specialist publications depending on the nature of the service to be delivered. All information relating to the opportunity to contract will be issued in an appropriate format. All interested parties will be given adequate time to respond to these opportunities.

8.5 Contracts will be awarded on the basis of a fair and open evaluation process taking into account price, economic advantage (best value for money) and ability to deliver the contract. Reasonable opportunity for feedback to unsuccessful bidders will be offered.

8.6 All contracts will be monitored by the Council to ensure that the goods, services or facilities being purchased are being delivered as agreed, and to ensure that the continued delivery of such remain advantageous to the Council and the community it serves.

9. Responsibility for policy implementation and monitoring

9.1 Elected Members, the Chief Executive and the Directors' Group will be responsible for implementing the policy and implementing monitoring of the policy.

9.2 Directors, Heads of Service and all employees with supervisory responsibility are responsible, within their area of responsibility, for implementing, monitoring and promoting this policy.

9.3 All Council employees and those who are involved in serving the community in the name of the Council are responsible for implementing the policy. They must adhere to it as part of their conditions of service, and will be supported in doing so by their managers. Any failure to do so will be considered in accordance with the Council's Disciplinary Procedures.

9.4 Employees and those serving the community in the name of the Council must not:^{20, 21}

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

9.6 The Council will inform all job applicants, employees and service users of this policy and ensure everyone understands their collective and individual responsibilities.

10. Amendments to this policy

10.1 These commitments will be reviewed annually and updated regularly by the Corporate Equalities Team.

1970 Equal Pay Act. Equal Pay for work of Equal Value.

1975 Sex Discrimination Act. Prohibition of discrimination based on a person's sex or marital status. There is specific provision in the SDA around the treatment of Transgendered people in the area of employment.

1976 Race Relations Act. The Act prohibits discrimination based on a person's nationality or citizenship, ethnic origin, colour, race.

1976 Race Relations Code of Practice. Secondary legislation supporting implementation of the RRA.

1986 Sex Discrimination Act

1994 Race Relations (remedies) Act

1995 Disability Discrimination Act (DDA) Protects disabled people in the areas of: employment, access to goods, facilities and services, the management, buying or renting of land or property, education. For service providers: since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability; since October 1999 they have had to make reasonable adjustments for disabled people; from 2004 they may have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

1996 Asylum & Immigration Act. Provision re persons subject to immigration control and the employment of such persons and connected persons.

1997 Protection from Harassment Act. Provision to protect from harassment and similar conduct.

1998 Human Rights Act. European wide set of rights.

1998 Crime & Disorder Act Requires local authorities to consider crime and disorder reduction while exercising all their duties, and to do all they reasonably can to prevent crime and disorder. The impact of crime and disorder is not spread evenly across society, some areas and some communities experience higher levels of crime than others. Some groups, including black and ethnic minority communities, gay, lesbian and transgendered people, and disabled people experience hate crime purely on the basis of their identity. All services should ensure that their policies, procedures and actions do not inadvertently increase the risk of crime and disorder.

1998 Data Protection Act Brought in to ensure personal data of an individual is managed, protected and processed correctly, in addition the Act ensures the individual (Data Subject) has rights to access the personal data held on them. The Council may in the course of it's duties or services, process data on behalf of the Data Subject and will at all times comply with the Data Protection Act and the principles therein.

1999 Stephen Lawrence Inquiry Report by Sir William Macpherson.

2000 Race Relations (Amendment) Act

2000 Race Directive. Prohibits race discrimination in employment & training, the provision of goods and services, education and social protection.

2000 Employment Directive. Prohibits discrimination on grounds of sexual orientation, religion, disability and age in employment and vocational training. Discrimination on the basis of Sexual Orientation and Religion & Belief became unlawful from December 2003, whilst discrimination on the basis of Age will be unlawful from December 2006.

Consultation. Consultation is a process by which the Council seeks the views of members of the general public and employees including individuals and groups who will be affected by particular policies or decisions.

Corporate Equality Policy/Corporate Equality Commitment. This is the Council's written commitment to promote equality in all aspects of its employment practices, service delivery, the way that it consults with the local community and any other activities it undertakes.

Direct Discrimination. Takes place where a person is treated less favourably than a person of another age group, disability status, gender, race, religion/belief system or sexual orientation etc would be in the same or similar circumstances.

Disability. The Council has adopted the definition of disability accepted by national and international representatives of organisations of Disabled people in all its practices. `Disability is the disadvantage or restriction of activity caused by contemporary social organisation which takes little or no account of people who have impairments, and thus excludes them from participation in the mainstream of society'

"Disability is not caused by an individual's particular impairment, but the way in which society fails to meet their needs"

Disadvantaged Groups

Discrimination. Treating a person or group less favourably than another person or group is treated, based on their age, disability, gender, race, religion/belief or sexual orientation etc... and it cannot be shown that the treatment in question was justified.

Diversity. Is about culture and the environment we operate in. Diversity recognises that differences are a natural part of society - and that these are viewed as a benefit not a threat. Diversity focuses on how to harness differences between people to drive forward excellence and creativity.

Employee

Equal Opportunities Policy. The aim of an Equal Opportunities Policy is to ensure that all employees and users of services receive fair and equal treatment.

Equal Opportunity. Equal Opportunities is the provision of equal access for all people to opportunities for human rights, resources, work, power, security and well-being regardless of their differences from host, mainstream or dominant culture, without fear of discrimination or reprisal. It must be implemented interpersonally and institutionally through policy and positive action which redresses present inequalities and focuses on what people can do. It should inform every aspect of work practice and should be reflected in the actions of people and organisations.

Equal Treatment

Equality Standard

Genuine Occupational Qualification or Requirement. This is justifiable discrimination in employment. For reasons of privacy, decency or authenticity, a genuine job-related requirement may mean that it is lawful to advertise jobs specifically requesting people from one key group to apply.

Harassment. This is conduct which affects the dignity of individuals or groups of people at work. It includes unwelcome verbal, non-verbal and physical conduct that could amount to unlawful discrimination.²²

Heterosexism. Is a term used to describe a bias exhibited by a society or community that is often subtle but nonetheless pervasive, whereby cultural institutions and individuals are conditioned to expect others to live and behave as if everyone were heterosexual.

Homeless. Apart from legal definitions of homelessness, a broad general definition is often taken to include people who are either literally "roofless" or who are forced to live in insecure, overcrowded, dangerous, illegal or very temporary accommodation (e.g. bed & breakfast hostels, women's refuges, hostels, friends/relatives floors, squats, and women or men forced through lack of alternatives to remain in abusive situations).

Homophobia. Homophobia is the irrational hatred, intolerance, and fear of lesbian, gay and bisexual people. These prejudicial feelings fuel the myths, stereotypes, discrimination and violence against people who are lesbian, gay or bisexual. Lesbians, gay and bisexual people who are socialised in a homophobic society often internalise these negative stereotypes and can develop some degree of low self esteem and self hatred. This can be described as internalised homophobia.

Impact assessment. Involves asking a series of questions to explore whether policies and functions affected some groups to their detriment in a way that other group are not, and if they are, whether any adverse impact is justified. Policies may need to be reviewed in the light of impact assessment.

Indirect Discrimination. Is caused by the application of requirements, rules or conditions (or custom & practice) which may initially appear to be fair but which, in effect, creates less favourable and unjustifiable treatment.

Institutional discrimination. The Collective failure of an organisation to provide an appropriate and professional service to people because of their age, disability, gender, race, religion/belief or sexual orientation etc. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantage people. (This definition is based on the Stephen Lawrence Inquiry definition of Institutional Racism.)

Institutional Racism. The Collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic. (This is the Stephen Lawrence Inquiry definition)

Justifiable

Local Labour Market.

Oppression. Oppression is the term used to describe the way that various groups (e.g. Black and other ethnic minority people, women, lesbians and gay men, Disabled people, older people etc) are subordinated. The people who hold the power in our society use it to control these groups through highly developed structures of institutional discrimination. (West of England Coalition of Disabled People - Disability Terminology: A Glossary of Terms.)

Partner Agency. A statutory, voluntary or private organisation which is working with the Council under the terms of a partnership agreement.

Positive action. The term 'positive action' refers to a number of methods designed to counteract the effects of past discrimination and to help abolish stereotyping. Action can be taken to encourage people from particular groups to take advantage of opportunities for work and training. This can be done when under-representation of particular groups has been identified in the previous year. Positive Action is often confused with positive discrimination. Positive discrimination, which generally means employing someone because they come from a deprived group in spite of whether they have the relevant skills and qualifications, is unlawful.

Positive Discrimination

Practicable

Procurement. The Council purchases goods, facilities and services from external suppliers. The term `procurement' describes this contracting/purchasing process. The Council will ensure that all external contracts comply with the Council's equality policies and that we positively promote equality through the contracting process.

`Racial' group. Means a group of people defined by their race, colour, nationality (including citizenship), ethnic or national origins.

Racism. `...in general terms consists of conduct or words or practices which advantage or disadvantage people because of their colour, culture or ethnic origin. Its more subtle form is as damaging as its overt form'

Racist Incident. A racist incident is any incident, which is perceived to be racist by the victim, or any other person. It may be perpetrated against individuals on the basis of their race, colour, nationality, culture, language or religion.

Reasonable

Reasonable adjustments. The Disability Discrimination Act requires employers and service providers to take reasonable steps to prevent a disabled person from being at a substantial disadvantage because of any working arrangements or physical features of the premises. This is commonly known as the duty to make "reasonable adjustments".

Resident. A person who lives within the Bath & North East Somerset geographical boundaries.

Sexual Orientation. Everyone has a sexual orientation. Sexual orientation is a combination of emotional, sexual or affectionate attraction to another person. The majority of women and men are heterosexual and they experience attraction and seek partners of the opposite sex. Some women and men experience emotional, sexual and affectionate feelings exclusively towards members of their own sex, and such people are homosexual - the terms gay (for men and women) and lesbian (for women) are used today to describe women and men who seek same-sex partners. Other women and men can experience emotional, sexual and affectionate feelings for both their own and the opposite sex and such people are bisexual.

Sexuality. Is often used interchangeably with Sexual Orientation - however it also describes the sexual nature of every human being.

Social Model of Disability. The `Social Model' has been developed by disabled people and changes the focus away from people's impairments and towards removing the barriers that disabled people face in every day life. In the main it is not the impairment that is the problem, or the disabled person, rather it is society's failure to take into account diverse needs. The Social Model shifts policy away from a medical, charity, care agenda into a rights led, equalities agenda.

Transgender. Transgendered people have the physical characteristics of one sex and the psychological characteristics of the other. Many Transgendered people `live' in their psychological gender. Develop definition.

Unrelated Criminal Convictions.

Under-represented.

Victimisation. Victimisation is the unfair treatment of a person who has made complaints of discrimination or someone who has given evidence in a complaint.

Xenophobia

References:

Access policy

Education Access Strategy

Race Equality Scheme and Action plan

Useful Contacts: (to be completed)

Commission for Racial Equality

Dialog

Dignity

Disability Rights Commission

Employers Organisation

Equal Opportunities Commission

Gay West

Local Government Association

MCC

SHAP

Shelter

Stonewall

Terrence Higgins Trust

Bath & North East Somerset Council Workers Support and Challenge Groups for Black and Minority Ethnic Staff, Disabled Staff and Lesbian, Gay, Bisexual and Transgendered Staff.

1 The Council has developed an Equal Opportunities Policy with separate statements on each of these key areas.

2 See the Council's Community Consultation Policy 91998)

3 See the Councils Recruitment and Selection Policy.

4 This commitment is detailed in the Council's Recruitment and Selection Guidelines.

5 See the Councils' Race Equality Scheme.

6 The term "positive action" is used to describe measures which can be taken under Sections 35, 37 and 38 of the Race Relations Act 1976 and Section 48 of the Sex Discrimination Act of 1975 to redress the effects of past discrimination and disadvantage.

7 Employment Monitoring is a requirement of the Race Relations Amendment Act 2000.

8 See the Disability Discrimination Act 1995.

9 See the Equal Pay Act 1970.

10 See the Council's Harassment and Bullying Policy.

11 See the Council's Health and Safety Policy.

12 See the Council's Harassment and Bullying Policy

13 See the Corporate Training Programme.

14 See Appendix One - The Legal Framework

15 See the Council's Corporate Complaints Policy and Procedure

16 See the Council's Community Consultation Policy (1998)

17 See the Race Relations (Amendment) Act 2000

18 Council Procurement Policy being reviewed.

19 See Commission for Racial Equality, 2003, Race Equality and Procurement in Local Government - A guide for authorities and contractors.

20 See the Council's Harassment & Bullying Policy and Procedure.

21 See Race Relations (Amendment) Act 2000.

22 See the Council's Harassment & Bullying Policy