1. EQUAL OPPORTUNITIES POLICY STATEMENT

Size: px
Start display at page:

Download "1. EQUAL OPPORTUNITIES POLICY STATEMENT"

Transcription

1 1. EQUAL OPPORTUNITIES POLICY STATEMENT 1.1 Lewis Construction Building Contractors Wales Ltd., commits itself to promote equal opportunities for all its staff and will ensure that its policies are reviewed regularly. No job applicant or employee must be discriminated against either directly or indirectly on the grounds of age, gender, marital status, race, religion, creed, sexual orientation, colour or disability. The overriding consideration will be the individual s ability to do the job. Lewis Construction Building Contractors Wales Ltd. will therefore aim to provide equal opportunities for all its staff. This policy and any associated arrangements shall be implemented in accordance with the appropriate statutory requirements of the EC Laws and Directives, The Equal Pay Act 1970 (as amended 1983), The Sex Discrimination Act 1975 (as amended 1986), The Race Relations Act 1976 and The Disability Discrimination Act 1995, the EOC and CRE Codes of Practice and the Code of Good Practice on the Employment of Disabled People. 2. ROLES AND RESPONSIBILITIES 2.1 Lewis Construction Building Contractors Wales Ltd. recognises that the production of a policy in itself will not provide equality of employment. It is the duty of the Senior Management and the Management to ensure the full implementation of this policy. Co-ordinating responsibility is assigned to the Senior Management, who will have responsibility to the Senior management for monitoring the operation of the policy for existing employees and job applicants, and for initiating periodic departmental audits. 3. MONITORING 3.1 Lewis Construction Building Contractors Wales Ltd. will maintain employment records of all its employees in order to monitor the effectiveness of this policy through meaningful equal opportunity analysis. Monitoring will involve:- - the collection and classification of sufficient information regarding sex, race, disability of all current employees and job applicants to avoid discrimination; - recording recruitment, training and promotional records of all employees, the decisions reached and the reason for those decisions. This information will be made available to staff on request; - monitoring the distribution of under-represented groups in certain shifts, departments or grades. 3.2 If prima facie evidence is found which suggests that the policy is ineffective, this will be investigated and appropriate action taken. 3.3 A statistical report analysing equal opportunity data will be presented to the Senior management annually. 4. RECRUITMENT AND SELECTION 4.1 Recruitment and selection is of crucial importance and must therefore be carried out according to objective professionally determined job related criteria. Consequently a Recruitment and Selection Management Guide has been developed to ensure that Lewis Construction Building Contractors Wales Ltd. recruits the highest quality of applicants necessary for the performance of the tasks specified. The procedure provides advice on employee specifications, job descriptions, advertising, qualification requirements, shortlisting, interviewing and the need to standardise and maintain recruitment records. 4.2 All vacancies notified to the Job Centre will automatically be referred by them to the Disability Employment Adviser. 5. TRAINING, PROMOTION AND CAREER DEVELOPMENT

2 5.1 Lewis Construction Building Contractors Wales Ltd. s Training and Development Strategy reinforces the view that managers should not discriminate in the provision of training, promotion or career development. Lewis Construction Building Contractors Wales Ltd. will pay attention to ensure that disadvantaged groups are afforded, through training, equal opportunities for career development. This will include the application of appropriate retraining, redeployment and retention policies 5.2 Key managers with authority to recruit/select will be trained in the equal opportunities aspects of recruitment and selection. The training programme will draw attention to the effects which generalised assumptions and prejudices can have on selection decision. 6. DISCIPLINE 6.1 Direct discrimination and instances of abuse will be treated as disciplinary offences and will be dealt with under Lewis Construction Building Contractors Wales Ltd.'s Disciplinary Procedure. 6.2 An employee who has in good faith taken action under statutory provisions to complain about abuse and/or discrimination shall not for that reason receive less favourable treatment. 6.3 Particular care must be taken to deal effectively with all complaints of discrimination, victimisation or harassment. It should not be assumed that such complaints are made by those who are over sensitive. 6.4 In applying the Disciplinary Procedure, it is essential to ensure that members of one group are not dismissed for performance or behaviour, which would be overlooked or condoned in other groups. 7. GRIEVANCES 7.1 Complaints will normally be processed through Lewis Construction Building Contractors Wales Ltd.'s Grievance/Conciliation Procedure. It is recognised however that employees may find it difficult to approach their immediate Superiors in cases involving discrimination or harassment. The first point of contact in incidents of this nature may therefore alternatively be another line manager within the function, the Senior Management.If the individual remains aggrieved then a formal complaint should be made in accordance with the Grievance/Conciliation Procedure. 8. PUBLICATION AND COMMUNICATION OF THE POLICY 8.1 Lewis Construction Building Contractors Wales Ltd.'s Senior Management will ensure that all employees are made aware of the contents of the policy. 8.2 Reference to the policy will be included in job advertisements, application forms and other promotional and information literature to indicate to potential job applicants and the general public the Lewis Construction commitment to equal opportunity in employment. 9. MANAGEMENT CHECKLIST A management checklist has been prepared and distributed to Managers. Each manager will be held accountable for ensuring that employment practices in the area, for which they are responsible, are reviewed in accordance with the checklist and corrective action taken where appropriate. R J Lewis Managing Director Lewis Construction Building Contractors Wales Ltd.

3 A MANAGEMENT CHECKLIST "Equal Opportunities is not just about natural justice, important as this is. It is imperative to assist managers in resolving staffing issues, maintain staff morale and improve service delivery by:- - enabling Lewis Construction to be seen as an attractive employer; - tapping a wide range of talents and skills in order to meet the skill shortage; - providing better recruitment and retention of staff; - The service provision being seen as more understanding Of a wide range of social needs; - establishing better community relations; - Employment being seen as fair and equitable. We aim to ensure that Lewis Construction Building Contractors Wales Ltd.'s employment practices Provide equal opportunities for all our staff". INTRODUCTION Lewis Construction Building Contractors Wales Ltd. has formally adopted the following policy:- Lewis Construction Building Contractors Wales Ltd. commits itself to promote equal opportunities and will aim To Ensure that no job applicant or employee is discriminated against either Directly or indirectly on the grounds of age, gender, marital status, race, Religion, creed, sexual orientation, colour or disability". It is therefore really about the development of good employment Practices, which provide equal opportunities for all. Discrimination on the grounds of a person's gender or race is illegal. If Lewis Construction is found to have committed either of these offences, it may be Legally required to pay substantial costs to the aggrieved person. An Employer can be held to be vicariously liable for the actions of its staff Unless it is able to prove that it took every possible step to avoid Discrimination occurring. Consequently, l felt it important to provide managers With a management checklist which outlines the topics which should be Addressed when considering equality issues. It is important that each manager does everything in their power to ensure That Lewis Construction Building Contractors Wales Ltd.'s policy is translated into action. Your Senior Manager is available to advise on any matter contained in this Document. MANAGEMENT CHECKLIST SECTION 1 - COMMUNICATION & TRAINING FOR STAFF & MANAGEMENT 1. Communication Managers must: - ensure this policy statement is made visible for all staff to see e.g. by displaying copies of the policy statement in any relevant place where information is disseminated; - ensure all new staff will receive a summary leaflet of Lewis Construction Building Contractors Wales Ltd.'s policy. This topic will form an integral part of Lewis Construction Building Contractors Wales Ltd.'s induction programme. Training The Senior Management will:

4 - ensure that all managers and staff receive training in equal opportunities. Those involved in functions which have a major effect on equal opportunities will receive specialised training related to their function (e.g. in interviewing skills and non-discriminatory selection processes for those involved in selection panels); - organise training courses about Equal Opportunities Issues for those managers and staff who wish to discover more about the topic and the surrounding issues; - include information about Equal Opportunities into all relevant training courses; - ensure all trainers are knowledgeable about Equal Opportunities, avoid any negative actions and recognise any potential for lawful "positive" action. SECTION 2 - RECRUITMENT AND SELECTION 2. Introduction The recruitment and selection process can be used in an equal opportunities programme to:- - attract applicants from all groups in society; - ensure a fair representation of minority groups such as the disabled, ethnic and women. Lewis Construction Building Contractors Wales Ltd.'s Senior management has produced a Selection. Appointment Ten Step Guide, which has been issued to every manager with responsibility fo selection and appointments. Additional copies are available upon request to the Senior management. 2.1 Questioning the Job Consider: - whether the job can be job-shared; - whether the post is suitable for encouraging people from minority groups who wish to move from "deadend" jobs; - whether the job is one where people from minority groups have been under-represented in the last 12 months by conducting a workforce analysis within your department by age, sex, race, disabilities etc; - discover what training or encouragement is necessary for staff to move into jobs where people from minority groups have been under-represented. 2.2 Describing the Job - ensure that the job description is free of discriminatory bias; - ensure that the requirements of the job are actually necessary; - include the information you discovered when assessing the vacancy. 2.3 Specifying the Person Managers should: - ensure the employee specification is free of discriminatory bias;

5 - ensure that the criteria included are absolutely necessary for the job; - ensure that the overseas qualifications are given equal weight. 2.4 Attracting Candidates Managers should: - eliminate "word of mouth" advertising; - ensure that existing employees know about the vacancy and know it is an "equal opportunities" opportunity; - ensure the wording of any advertisement is free of discriminatory bias; - ensure there is sufficient emphasis on those parts of the job, which might make it attractive to candidates from minority groups; - ensure that any advertising agents used (such as job centres) are aware of the requirements of Lewis Construction Building Contractors Wales Ltd.'s equal opportunities policy; - ensure advertisements comply with Lewis Construction Building Contractors Wales Ltd.'s Welsh Language Policy and statutory requirements. 2.5 Gathering Application Details The Senior Management has: - ensured that application forms are free of discriminatory questions. 2.6 Evaluating Applicants and Shortlisting - ensure judgements are based only on acceptable non-discriminatory criteria; - ensure people from minority groups are not rejected because their experience is different from rather than less than other groups; - ensure people from minority groups are not rejected because of past discrimination, which means they have progressed more slowly up the hierarchy; - ensure that your judgement is not based on racial, sexual or cultural stereotyping bias; - ensure that any tests that you use are valid and free from gender or cultural bias. 2.7 Interviews Managers should: - be trained in sex, race, disability and anti-discrimination interviewing (if not, please advise your Senior management immediately); - ensure you know what questions you should not ask; - ensure you know the consequences of asking such questions;

6 - ensure that where possible all persons on the interview panel have been trained in non-discriminatory interviewing or at a minimum have a Senior Manager representative who will be fully aware of these legal requirements. (Lewis Construction runs regular training courses on Selection and Appointments, which explain in detail the standards included in Lewis Construction Building Contractors Wales Ltd.'s Ten Step Management Guide); - provide all interviewers with a copy of the equal opportunities policy, and notified them of their role in the equal opportunities programme; - ensure that all interviewees know of their rights not to be subjected to discrimination during interview; - ensure that details of why each candidate has been rejected are filled in during or immediately after the interview; - ensure that records of interviews are kept for at least six months; - ensure that women and people from minority groups who are promising, but have been rejected at this stage, are identified and earmarked for additional training where under presentation exists. SECTION 3 - TERMS AND CONDITIONS OF SERVICE 3.1 Pay and Grading Structure - analyse the grade structure to assess whether there are any grading anomalies; - assess whether existing job descriptions need re-writing; - assess whether there are jobs where people from minority groups have been under-represented in the last twelve months; - discover, if people from minority groups have been underrepresented, what training is necessary to assist them to move into higher graded jobs. 3.2 Terms and Conditions Associated with Job Share, Part-Time and Seasonal Work - ensure that training, promotional opportunities and staff appraisals for part-time/job share/sessional workers are the same as for full-time workers; - ensure that part-time/job share/seasonal workers are fully integrated into the workforce; - review each vacancy to assess whether or not the post might be filled by part-time, sessional workers or under a job share arrangement; - ensure that part-time, job share and sessional work is not restricted to the lower grades; - undertake regular performance appraisals to review the quality of work being allocated to part-time/job share and sessional staff; - ensure that job descriptions and the grading of posts are accurate; - consider the provision of out of hours training, distance learning etc. to enable some part-time/job share/sessional workers to undertake training.

7

8 3.3 Qualification Requirements - ensure that particular educational requirements are essential; - ensure that no unjustifiable age limits are specified in job descriptions, person specifications or advertisements; - consider previous experience fully e.g. work undertaken prior to work/career breaks, work undertaken in the voluntary sector and work undertaken with the family; - consider the relevance of experience and how recent it is. 3.4 Shift Work, Overtime, Bonus Payments, Unsocial Hours Payments etc. - ensure that no assumptions are made to exclude people from minority groups from shift work or overtime; - ensure that, in practice, access to bonus payments is not available only to certain categories of employees. 3.5 Maternity and Paternity Leave and other arrangements - ensure that you are providing every possible assistance to employees with domestic responsibilities; - familiarise yourself with Lewis Construction Building Contractors Wales Ltd.'s Work Break Scheme and Special Leave Policy; - Counsel women about to go on maternity leave about future Options? (e.g. Work Break Scheme); - give thought to the provision of a flexitime system or flexible arrangements in terms of time off from work for individuals with domestic difficulties and/or responsibilities. - take all reasonable steps to address any difficulties an employee or potential employee, may have in seeking or undertaking employment with Lewis Construction Building Contractors Wales Ltd. or in pursuing training, promotion or career development opportunities. 3.6 Department of Employment Job Introduction Scheme If a disabled person is considered fit for a specific job by an External Occupational Health Department, the terms and conditions of his/her employment may allow for a period of assessment of six weeks or longer which would allow a more accurate assessment of the individual's capabilities. In this respect the Job Introduction Scheme operated by the Department of Employment will be utilised, unless he/she has demonstrated his/her capacity to undertake the work in a similar post.

9 SECTION 4 - ORGANISATION OF WORK 4.1. Work Break Scheme Publicising the scheme. Senior management will ensure that you are provided with details of the scheme in order for you to do this. Details of the scheme will be included in recruitment material; Arrangements with Employees Upon notification of resignation through pregnancy, or for other reasons you should - provide the employee with details of the scheme; - make an appointment to discuss whether the employee wishes to join the retainer scheme; IF YES, MANAGERS SHOULD: - inform the Senior Manager; - explain the requirements of the scheme; - discuss possible patterns of temporary/part-time work, educational options, etc; - arrange for continued membership of professional body/trade union, etc; - arrange for subscriptions to professional journals (where possible); - ensure the retainer scheme participant knows how and where to contact the retainer scheme manager, the Senior Management and who to contact in their absence; - provide information about childcare where appropriate. Following the meeting Managers should: - confirm with Senior Management the arrangements made with the scheme participant; - arrange work periods, where possible; - note the date of expiry of the work break contract Arrangements During the Working Break - arrange bi-annual seminars; - compile regular update information packs (quarterly basis); - collect information about educational and training courses. Arrange training courses where necessary.

10 4.1.4 Arrangements At End of Work Break Managers should: - arrange a one-day pre-induction course; - arrange for career advice; - arrange for retainer scheme participant to attend training/retraining courses, where necessary; - persuade participants taking longer breaks to increase the days or hours worked in the final year of their break; - arrange to be notified of any applications participants make for employment, and guide their application through the system; - advise the retainer scheme participate of the Grievance/Conciliation procedure for those who feel they have been discriminated against during reinstatement. 4.2 Flexibility in Working - assess the potential for extending flexitime to new areas; - assess the likely demand for the flexi-year. Is it possible to institute an experiment with some staff working the flexi-year; - establish career paths for part-time employees; - introduce part-time working into new areas such as management; - provide assessment of, and training courses for, part-time workers; - institute job-sharing arrangements; - ensure that bank work is not discriminatory; - consider the possibility of introducing home-based and project work for appropriate jobs. - ensure that working arrangements do not present any difficulties for existing or potential employees that cannot reasonably be overcome. 4.3 Child Care - circulate any information about the availability of childcare arrangements to interested staff; - obtain a list of local authority registered child minders, and nursery provision available locally, - advise staff of the provisions of Lewis Construction's Special Leave Policy.

11 4.4 Keep Staff involved and informed - involve staff in assessing the need for the above provisions, the type of provision required, and the development of such provisions; - keep all staff informed of the options available. 4.5 Recruitment - ensure the developments taken are used to enhance the Company s attractiveness as an employer. 4.6 Cultural and Religious Needs - Be aware that some employees have particular cultural and religious needs, which conflict with existing work requirements; - You should consider whether it is reasonably practicable to vary or adapt these requirements to enable such needs to be met. SECTION 5 - HEALTH, SAFETY AND OCCUPATIONAL HEALTH 5.1 Health and Safety General - identify potential hazards; - limit all hazards as far as is reasonably practicable; - introduce safe systems wherever possible; 5.2 Health and Safety Training - assess the training requirements necessary for each post to ensure health and safety of employees and visitors, e.g. lifting or using laundry equipment; - ensure that adequate training is provided initially; - ensure that refresher courses are provided as necessary; - review the current situation; - identify problem/potential problem areas; - consider additional precautions, as necessary;

12 - consider training employees as appropriate, particularly those deemed "at risk"; 5.4 Occupational Health - ensure that employees are aware of the facilities offered by the occupational health service; If appropriate, Lewis Construction Building Contractors Wales Ltd.'s External Occupational Health Department will refer members of staff to the Department of Employment's "Placing assessment and counselling team for advice and assessment". SECTION 6 - PERSONAL AND CAREER DEVELOPMENT - carry out an audit, which shows the distribution of the sexes, races or disabilities in your Department so that you know where under-representation exists at any level; - carry out an audit of existing training programmes. Are people from minority groups fairly represented? - ensure that people from minority groups are encouraged to undertake general management or other training in addition to skills training; - discuss with staff what they wish to see in a personal and career development programme; - ensure people from minority groups know how to use the personal development process and all other aspects of career development so that they can make full use of what is available; - ensure that barriers preventing people from minority groups from moving into non-traditional jobs are broken down; - ensure that there is training provision for those who wish to develop in their existing jobs, as well as for those seeking promotion or wishing to change direction; - advise supervisors and all persons involved in the personal and career development programme on how to avoid discrimination. SECTION 7 - MANAGING CHANGE Managers should ensure that:- - changes in your department are examined to see whether specific opportunities for developing equality of opportunity can be built into them - economy drives provide no excuse for abandoning equal opportunities. When economy drives are taking place you should ask yourself whether there are any ways of affecting the direction of change so as to maintain the drive towards equality; - communication with staff over the facilities they require is provided; - where accommodation is made available, this should be according to criteria which do not discriminate unlawfully on the grounds of sex, race or disability.

13 SECTION 8 - MONITORING AND EVALUATION Introduction There are three primary reasons why it is important to gather information and establish a database as part of promoting Equality inside Lewis Construction Building Contractors Wales Ltd.:- - we cannot assume that equal opportunities are being provided unless we establish a detailed and accurate database; - an effective database provides the focus for any specific equality work, which needs to be undertaken; - without an adequate database to begin with there can be no accurate credible method of measuring the success of any initiative undertaken by Lewis Construction Building Contractors Wales Ltd.. Any performance indicator measuring the impact of Equality must rest on identifiable factors. Both the Commission for Racial Equality and Equal Opportunities Commission have recommended that monitoring system be developed inside all employing organisations to assist in the development and delivery of effective Equality of Opportunity. The Senior Management has: - redesigned Lewis Construction Building Contractors Wales Ltd.'s application forms to include monitoring questions. 8.1 Monitoring the Existing Workforce - utilise the attached proforma (Annex 8.1) to monitor existing employees within your department; - the Senior Management will require the completed form to be forwarded to Senior Management on an annual basis in order that a Company evaluation can be made. 8.2 Monitoring other Employment Decisions In order for managers to objectively assess whether they are promoting equal opportunities they will be required in the future to develop a system for monitoring the following employment practices: - promotions - gradings - transfers - training - secondments - grievances - disciplinaries - dismissals - redundancies - resignations - maternity leave (take-up and return rate) - work breaks (take-up and return rate).

14 8.3 Remedial Action When managers have developed departmental monitoring systems the data will be analysed and: - managers will determine whether they wish the Senior Management to be involved in drawing up recommendations for remedial action. SECTION 9 - OCCUPATIONAL STRESS - acknowledge that stress is a natural phenomenon, which should be openly discussed; - encourage the establishment and maintenance of effective interpersonal relationships between all disciplines and grades of staff. This may be through regular meetings, discussions, regular appraisals and feedbacks on general performance or via social networks and activities; - uphold Lewis Construction Building Contractors Wales Ltd.'s policies regarding Bullying and Harassment at Work, Special Leave, Work Break Scheme and ensure the system for processing complaints is regularly reviewed and monitored; - promote appropriate recreation facilities; - establish practices wherever possible which better fit the job to the person; - advise staff of the existence of Lewis Construction Building Contractors Wales Ltd.'s designated Counselling Officer; - develop support networks and groups; - give positive help to men and women with caring responsibilities, especially childcare, care of the elderly and handicapped.