Equal Opportunities Policy

Introduction – Equal Opportunities

Quinn’s Training Services Ltd (QTS) is committed to the principle of creating Equal Opportunities in employment for all individuals, for both employees and job applicants, and equal opportunities in training for delegates.

Equal opportunities arise where there is no discrimination, harassment or victimisation on the grounds of an individual’s age, race, colour, nationality, ethnic origin, religion, gender, sexual orientation, disability or physical characteristics. It means all employees can fee respected and valued, and can achieve their potential regardless of race, colour, nationality national or ethnic origins, sexual orientation, gender, disability or age.

QTS will follow the recommendations and guidance of the Equality and Human Rights Commission, in all our employment policies, procedures and practices, and in dealing with customers and members of the public.

Aim

The aims of this policy are to ensure that:

• No-one receives less favourable treatment, on grounds of any protected characteristic or is disadvantaged by any conditions, requirements, provisions, criteria, procedures or practices that cannot be justified on any other grounds. Protected characteristics include the following: Age; Gender reassignment; Being married or in a civil partnership; Being pregnant or on maternity leave; Disability; Race (including colour, nationality, ethnic or national origin); Religion or belief; Sex; Sexual orientation
• No-one is victimised for taking action against any form of discrimination or harassment, or instructed or put under pressure to discriminate against, or harass, someone on the above grounds.
• The organisation is free of unwanted conduct that violates the dignity of workers or creates an intimidating, hostile, degrading, offensive, or humiliating environment.
• Opportunities for employment, training and promotion are equally open to anyone.
• Selection for employment, promotion, transfer, training, and access to benefits, facilities and services, will be fair and equitable, and based solely on merit.
• Part-time employees will be treated no less favourably than full-time employees and those on fixed term contracts will be treated no less favourably than those on permanent contracts unless there is an objective justification

Scope

All employees and contractors/self-employed workers are required to uphold these principles and to comply with this policy.  

This policy applies to all aspects of employment, from recruitment to dismissal and former workers’ rights.

Any breach of this policy could result in disciplinary action, and possible dismissal. In some circumstances, the individual employee who breaches this policy may also be personally liable at law for their discriminatory action.

Definitions

The following defines acts which may both breach this policy and be considered unlawful.   

Direct Discrimination

Direct Discrimination includes decisions, comments or actions which treat an individual less favourably because of the protected characteristics than somebody else has been, or would have been, in identical circumstances.  For example, refusal to employ/train someone because of their religion. 

Indirect Discrimination

Indirect Discrimination may not be obvious at first sight. It occurs when an otherwise neutral requirement, policy/practice or condition is applied which seems to have nothing to do with protected characteristics but which, on closer examination, puts people or any protected characteristic at a disadvantage, in circumstances where this cannot be objectively justified as a good business reason.

Associative Discrimination

Associative Discrimination is where somebody is treated less favourably because of their association with someone else who is included within the protected characteristics.

Perceived Discrimination

Perceived Discrimination occurs when someone is treated less favourably because someone wrongly believes that they have a particular protected characteristic.

Disability Discrimination

A disability is described as “any physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out their normal day-to-day activities”.

QTS is committed to providing equal opportunities to all employees, applicants and delegates who have a disability, or have had a disability in the past. This means that people will not be less favourably treated in recruitment, selection, promotion, training or any other aspect of employment as a result of disability, unless such treatment is justified within the meaning of the Equality and Diversity Act 2010.

Victimisation

Victimisation happens when a worker has complained about harassment or discrimination, or has supported a colleague in their complaint, and is treated less favourably because of it.

Harassment

Harassment is conduct that is unwanted, unreasonable and offensive to the recipient. This may occur either where the behaviour is aimed directly at the person, or where the conduct creates an intimidating, hostile, or humiliating work/training environment in relation to a protected characteristic.  Behaviour is also considered harassment if it violates the recipients’ dignity.  It is not the intention or motive of the perpetrator but the impact on the recipient which determines what constitutes harassment. A one-off incident may be treated as harassment.

The following are examples of behaviour which may constitute harassment: –

• Physical conduct ranging from touching to serious assault where such contact is uninvited and unwelcome;
• Verbal and written harassment through jokes, racist remarks, offensive language, gossip, slander or threats;
• Leering, whistling or making sexually suggestive or insulting gestures;
• Visual displays e.g. posters, graffiti, or any other offensive material;
• Isolation or non-co-operation at work, exclusion from social activities;
• Coercion, including pressure for sexual favours, pressure to participate in political or religious groups;
• Intrusion by pestering, spying, stalking etc;
• Undermining authority in front of others;
• Inconsistent application of rules and procedures;
• Unnecessarily severe reprimand for an offence;
• Shouting and uncontrolled anger;
• Setting impossible targets and deadlines;
• Frequent unwarranted criticism or sarcasm;
• Non-co-operation without justification; and
• Deliberately withholding information.

This list is intended as a guide and is not exhaustive.

Policy

Core Principles

• The Equal Opportunities policy will be a priority for the organisation.

• QTS will be responsible for the day-to-day operation of the policy.

• The policy will be communicated to all workers and job applicants and will be placed on the company’s shared Dropbox system and website.

• Workers and their representatives and trade unions will be consulted regularly about the policy, and about related action plans and strategies.

• All workers will be trained on the policy, on their rights and responsibilities under the policy, and on how the policy will affect the way they carry out their duties. No-one will be in any doubt about what constitutes acceptable and unacceptable conduct in the organisation. Unacceptable conduct includes discrimination and harassment at work-related social functions.

• Managers and workers in key decision-making areas will be trained on the discriminatory effects that provisions, practices, requirements, conditions, and criteria can have on some groups, and the importance of being able to justify decisions to apply them.

• We will make reasonable changes to overcome physical and non-physical barriers that make it difficult for disabled employees to carry out their work, and for disabled customers to access our services. QTS will offer full protection at work for people with disabilities to ensure that all employees or sub-contractors have the ability to participate in working life on an equal basis with other workers when looking at day-today activities.

• All employees and subcontractors have the right to claim and be protected against discrimination- whether direct, indirect or associative-victimisation and harassment, including those without a relevant protected characteristic who nevertheless suffer the same disadvantage as those who do have that characteristic.

• QTS will attempt to adjust all procedures to accommodate disabled individuals where this is reasonably possible. QTS can however only adapt working conditions and procedures if it is informed by an employee, or an applicant, of their disability. QTS understands that those people with a disability may wish to keep the nature of the disability confidential. In these circumstances, they should raise it with a supervisor, manager or Trainer in confidence.

• We will take a flexible approach to working arrangements. We will consider requests for changes carefully and objectively and will accommodate them unless it would cause significant difficulties to the business or employees.

• All contracts betweenQTSand contractors to supply goods, materials or services will include a clause prohibiting unlawful discrimination or harassment by contractors and their staff, and by any sub-contractors and their staff.  The clause will also encourage contractors and potential contractors to provide equality of opportunity in their employment practices.

• If the data shows that people from particular groups are under-represented in particular areas of work, lawful positive action training and encouragement will be considered for workers and others from that group, to improve their chances of applying successfully for vacancies in these areas.

• Requirements, conditions, provisions, criteria, and practices will be reviewed regularly, in the light of the monitoring results, and revised if they are found to, or might, unlawfully discriminate on any of the above grounds. We will also regularly review advertising, recruitment and application materials and processes, and this policy.

• The effectiveness of the policy will be monitored regularly. A report on progress will be produced each year, and published via the intranet, the website, the staff newsletter, notice boards, and the annual report.

• Customers and clients will be made aware of the policy, and of their right to fair and equal treatment, irrespective of race, colour, nationality, national or ethnic origins, sexual orientation, gender, religion/belief, disability or age.

• Fair and equal treatment will be given to customers and members of the public by all staff. The business will investigate any complaints from staff that they are being harassed by a customer for reasons linked to protected characteristics and take suitable action to prevent further incidents.

• An employee is allowed to compare their salary to someone at a different workplace, as long as a single body is responsible for the terms and conditions of employment. 

Maternity

• Women will be protected against less favourable treatment at work because they are breastfeeding.  Any employment discrimination on the grounds of breastfeeding falls under the protected characteristic of sex.

• Where women do not have a statutory right to maternity leave, their entitlement to access similar rights under alternative occupational schemes will be protected under pregnancy and maternity discrimination

• Women will receive fair treatment from QTS in connection with maternity, for example through occupational maternity schemes.

• Protection will be offered to those who suffer from unfavourable treatment when returning from maternity leave if the treatment is connected with a pregnancy or pregnancy-related illness that occurred before their return. 

Access to Opportunity

• Employees will be given equal access to appropriate opportunities such as promotion and training. Promotion of employees will be subject to the same objective criteria as would apply to an external candidate. Where performance or ability assessments are conducted all managers will seek to ensure that such assessments are conducted in a non-discriminatory manner.

• All workers will be encouraged to develop their skills and qualifications, and to take advantage of promotion and development opportunities in the organisation. All employees carrying out work of ‘equal value’ will receive equal pay, regardless of their sex, race or any other protected characteristic, and equal pay audits will be carried out as necessary.

Complaints and Grievance

All employees and delegates have the right to a working/learning environment which is free of harassment or discrimination in any form. Complaints about discrimination or harassment will be regarded seriously, will be investigated fully and may result in disciplinary sanctions, and even dismissal.

Any employee/delegate who experiences behaviour he or she feels uncomfortable with should:

• First consider whether it is appropriate to make it clear to the person concerned that he or she finds their behaviour offensive, and ask them not to act in that way. If preferred, a colleague can be asked to be present.

• Any employee/delegate should alert a supervisor or manager to any incident he or she witnesses in order to enable QTS to deal with the matter.

• If the situation persists, they should use the Complaints Procedure as soon as possible to resolve the complaint.

• Every effort will be made to ensure that employees/delegates making complaints and others, who give evidence or information in connection with the complaint, will not be victimised. Any complaint of victimisation will be dealt with seriously and promptly.

• Those involved in conducting investigations in connection with any complaint raised will be independent of the allegations. The rights of the complainant and those of the alleged perpetrator will be considered at all times.

• Grievances, disciplinary action, performance assessment, and terminations of employment, for whatever reason, may also be monitored by gender, racial group, age, disability, religion/belief and sexual orientation if necessary.

Recruitment

• Opportunities for employment, promotion, transfer and training will be advertised widely both internally and externally.  All appropriate vacancies will be advertised internally via email. This will not in any way prejudice the employee if they do not succeed in their application.

• QTS will avoid recruitment literature which suggests that any particular group of applicants is preferred. QTS will welcome all applicants irrespective of race, colour, nationality, ethnic or national origins, gender, sexual orientation, disability, age, religion or belief.

• Job applicants shall be given clear and accurate information about opportunities in Quinn’s Training Ltd so they can assess their own suitability. QTS recognises that the only acceptable means of distinguishing between employees is on the basis of a person’s ability to do the job.

• Selection criteria will be entirely related to the job or training opportunity. QTS will offer protection against discriminatory recruitment conditions to all staff and applicants.  This includes discriminatory statements made by an employer about access to opportunities or recruitment of people with certain protected characteristics even when there is no active recruitment process ongoing and no identifiable victim.

Job Interviews

Quinn’s Training Services will try to ensure that everyone who applies for a job has a fair chance to describe or demonstrate their ability to do that job. Interviews will be thorough and conducted on an objective basis dealing only with the applicant’s suitability for the job in hand.

Anyone suffering from a disability will be provided with reasonable assistance where necessary to enable them to attend interview. An individual can only be assisted in this way if QTS is made aware of the disability, and what assistance is required prior to the interview.  All information given to QTS will be kept in the utmost confidence.