Policy
The College is committed to a policy of equality of opportunity in its employment practices. The aim of the College is to ensure that its workforce will be truly representative of all sections of society and each employee feels respected and able to give their best.
This policy aims to provide equality and fairness for all in our employment and not to discriminate on grounds of gender, marital status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion or age.
Individuals will be selected, promoted and treated on the basis of their abilities and merits and according to the requirements of the job. All employees, whether part-time, full-time or temporary will be treated fairly and with respect.
The College has recently established an Equality and Diversity Action Group who will be instrumental to policy development and initiatives to improve practice across the College. The responsibility for ensuring that the Policy is implemented lies with the Chief Executive and Head of Personnel via the Senior Management Team and Heads of Departments.
Training will be provided to all members of staff when joining the College.
Scope
This policy applies to all College employees and members of the College who are involved in recruiting and managing College staff.
The Law
It is the College Policy to meet the provisions of the Sex Discrimination Act, the Equal Pay Act, the Disability Discrimination Act, the Sexual Orientation Act, the Employment Equality (Age) Regulations and the Race Relations Act, which make it unlawful to discriminate on the grounds of sex, disability or race. The Rehabilitation of Offenders Act is also relevant to the College's standard personnel procedures.
The Sex Discrimination Act
Under the Sex Discrimination Act 1975 it is unlawful for employers to discriminate on grounds of sex or marriage. The Employment Equality (Sexual Orientation) Regulations 2003 give protection against discrimination and harassment on the grounds of sexual orientation.
There are three types of discrimination:
- Direct discrimination where a woman is treated less favourably than a man or vice versa, or a married person is treated less favourably than a single person or vice versa.
- Indirect discrimination where a man or woman cannot comply with an unjustifiable requirement which on the face of it applies equally to men and women (or to married or single people), but in practice, can only be met by a smaller proportion of one sex (or by a smaller proportion of married people compared to single people).
- Victimisation of someone who has made a complaint under the Equal Pay Act 1970.
The Race Relations Act
Under the Race Relations Act 1976 direct and indirect discrimination is unlawful on the grounds of colour, race, nationality (including citizenship), ethnic or national origins.
The Disability Discrimination Act
The Disability Discrimination Act 1995 makes it unlawful for an employer to treat a disabled person less favourably because of a reason relating to their disability. Disability is defined under the Act as a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Employers must also make reasonable adjustments to working conditions or the workplace where that would help to accommodate a particular disabled person.
Employment Equality (Sexual Orientation ) Regulations 2003
This makes it unlawful to discriminate on the grounds of sexual orientation in all areas of employment, including recruitment, pay, working conditions, training, promotion, dismissal and references. The law covers orientations towards people of the same sex, people of the opposite sex or people of both sexes. Direct discrimination may occur when an employer treat people less favourably because of their sexual orientation. Indirect discrimination may occur if a provision or practice is applied which disadvantages people of a particular sexual orientation. The legislation also protects against harassment; unwanted conduct that violates people's dignity or creates an intimidating or degrading environment and victimisation; treating people less favourably because of action they have taken in connection with the new legislation.
The Rehabilitation of Offenders Act
This prohibits recruiters from asking about convictions that are spent (except in certain exempted professions). An applicant is entitled to deny that he/she has a criminal record if the conviction(s) is spent.
The Employment Equality (Age) Regulations
The Employment Equality (Age) Regulations 2006 protect workers from age discrimination. The act makes it illegal for employers to discriminate against employees, trainees or job seekers because of their age and ensure that all workers have the same rights in terms of training and promotion.
Equal Pay Act
The Equal Pay Act 1970 (as amended by the Sex Discrimination Acts 1975 and 1986) provides that a woman has the right to treatment equal to that given to a man where the woman is employed:
- On work of the same or broadly similar nature to that of a man.
- In a job which, although different from that of a man, has been given an equal value to the man's job under a job evaluation scheme.
The Act also gives a man the same rights to equal treatment with a woman.
Maternity Rights
Pregnant women have the right:
- Not to be unreasonably refused time off for ante-natal care and to be paid for such absences.
- To a minimum of 39 weeks maternity leave.
- To receive all their contractual benefits except wages during the period of statutory maternity leave.
- Not to be dismissed because of pregnancy and childbirth.
- To be provided with a written statement for the reasons for dismissal.
- To be provided with a written statement of the reasons for dismissal without the need to request it, if dismissed by the employer during pregnancy or statutory maternity leave.
- It is direct discrimination for a woman to be refused employment for a reason related to pregnancy, even if the job is offered on a fixed term basis and the woman would be unable to work the full contract because of pregnancy and maternity leave.
- There is no obligation to tell a future employer about a pregnancy and refusing to employ a woman because she had not revealed her pregnancy would be automatic sex discrimination.
- Sex discrimination may also arise when women on maternity leave are not told of job / promotion opportunities.
Recruitment
All employees and members of the College who are involved in the recruitment and selection of staff should be familiar with the terms and conditions of employment and the related policies which have been designed to ensure that the College recruits the most appropriate people in terms of abilities, experience and skills.
The main principles of the College's recruitment procedure are:
- Job descriptions will be clearly and concisely written, be representative of the role and free from bias
- Person specifications will only detail criteria relevant to the performance of the job
- Advertisements will be free from unlawful discrimination
- Agencies which may be involved in the recruitment process e.g. temporary staff agencies and recruitment consultants will be informed of and given a copy of this policy
- Members of the College who are involved in the recruitment of College staff will be informed of and given a copy of this policy and the terms and conditions of employment
- The College will train all staff involved in the recruitment, selection and employment of staff
- During the recruitment process applicants will not be asked inappropriate or unlawful questions
- Clear records of the reasons for decisions made throughout the recruitment process will be maintained
Monitoring
The Head of Personnel, or delegated member of staff, will monitor the employment processes to ensure that this policy is being adhered to.
The Equal Opportunities Policy and You
All employees should be aware of the College's Equal Opportunities Policy and the obligations which fall on them to ensure its success and to comply with the provisions of the Acts.
You have a duty not to discriminate or to help others to do so. Compliance with these laws and the College's Policy is a personal responsibility for all employees. Incidents of discrimination may be investigated in accordance with the College Disciplinary Policy and Procedure.
Complaints
Any member of staff or person applying to a post in the College who consider they have received unequal treatment may make a complaint to the Head of Personnel. The complaint will be dealt with as quickly as possible and at least within three weeks.
For further advice concerning any aspect of this policy please contact the Personnel department.
July 2007