Equality and Diversity Policy (Employment)

EQUALITY AND DIVERSITY POLICY (Employment)

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Issued by – Human Resources Updated – November 2017

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1. Equality and Diversity Policy Statement

Tendring District Council is committed to eliminating discrimination amongst staff. Our aim is that our workforce will be truly representative of all sections of society, and each employee feels respected and able to give their best.

All employees, whether full time, part time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training or any other benefit will be on the basis of aptitude and ability. All employees will be helped and encouraged to develop their full potential, and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the Council.

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2. The Council’s Commitment

• To create an environment in which individual differences and the contributions of all our staff are recognised and valued.
• Every employee is entitled to a working environment that promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated.
• Training, progression and development opportunities are available to all staff.
• Equality in the workplace is good management practice and makes sound business sense.
• We will ensure our employment practices and procedures promote fairness.
• Breaches of our Equality and Diversity Policy will be regarded as misconduct and could lead to disciplinary action.
• This policy is fully supported by the Management Team and has been agreed with Unison.
• This policy will be monitored and reviewed regularly.

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3. Legislation and Protected Characteristics

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The Equality Act 2010 brought together 9 separate strands of legislation into one single Act to simplify the law. This replaced previous legislation such as the Race Relations Act 1976 and the Disability Discrimination Act 1995, and ensures consistency in what is required to make the workplace a fair environment.

The Equality Act covers the same groups which were protected by former legislation, which are referred to as ‘protected characteristics’. These are:

• ‍Age – it is unlawful to discriminate against a person because of their age

• ‍Disability – a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Anyone who meets this criteria is protected by law from disability discrimination.

   Departments must make reasonable adjustments for staff to help them overcome any disadvantages resulting from an impairment, e.g. providing them with specialist equipment. It is discriminatory to treat a disabled person unfavourably because of something connected to their disability, e.g. someone with dyslexia making spelling mistakes. The employer however, must be aware that the employee has this disability.

In addition, an employee or job applicant could claim that a particular rule or requirement in place, disadvantages people who have the same disability.

It is unlawful to ask a job applicant questions regarding their health, prior to offering them employment. Once the appointment has been made, the usual health checks will be carried out by Human Resources.

• Pregnancy and Maternity – a woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave. An employee’s period of absence due to pregnancy related illness must not be taken into account, when making decisions about their employment
• Race – it is unlawful to discriminate against a person because of their colour, nationality and ethnic or national origins.
• Religion or belief – it is unlawful to discriminate against a person because of their religion or belief. The term religion refers to any religion including a lack of religion, e.g. where someone has no religion at all. The term belief means any religious or philosophical belief or a lack of such a belief.
• Sex – both men and women are protected from discrimination based on their gender.
• Sexual orientation – the law protects bisexual, gay, heterosexual and lesbian people.
• Gender Reassignment – the law provides protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender. There is no requirement for the person to be under medical supervision in order to be protected, e.g. a woman who decides to live as a man but does not undergo any medical procedures would be covered.

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5It is discriminatory to treat transsexual people less favourably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment, than if they were absent because they were ill or injured. Marriage and Civil Partnership – employees who are married or in a civil partnership are protected against discrimination. Single people are not protected.4. Types of DiscriminationDiscrimination can occur in many forms, but the key 4 areas are: Direct discrimination – this occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have. Discrimination by association – this is direct discrimination against someone because they associate with another person who possesses a protected characteristic. Perception discrimination – this is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic. Indirect discrimination – can occur when there is a condition, rule, policy or practice within the Council that applies to everyone but particularly disadvantages people who share a protected characteristic.5. MonitoringIt is essential that the Council monitors its workforce and applicants based on their ethnic groups, age, gender and disability. The data gained and monitored is anonymous and allows us to ensure that our workforce represents the local community. Applicants are invited to complete a monitoring questionnaire, which is not used as part of the recruitment and selection process.Local Authorities have a legal duty to collect monitoring data and publish its findings.The Council is obligated to introduce mandatory gender pay reporting to meet the requirements of the Equality Act 2010 Specific and Public Duties Authorities Regulations 2017. By 30 March 2018 The Council has to publish the first snapshot of data.66. The Working PolicyIn order to encompass current and future legislation it is important that this policy is continuously developed. The Council re-affirms its commitment to work towards the elimination of discrimination, and achieve equality of opportunity in all its activities. An Equality and Diversity Champions Team has been established with representatives from all Departments, to ensure ongoing action is undertaken in all service areas. Further information regarding this corporate group can be found on the Council’s Intranet.7. Points of Contact ACAS websiteWebsite: www.acas.org.uk Equality and Human Rights Commission (EHRC)Website: www.equalityhumanrights.com The Government Equalities OfficeWebsite: www.equalities.gov.uk Direct.GovWebsite: www.direct.gov.u