Career Choices Dewis Gyrfa Equality and Diversity Policy

Transcription

1 Career Choices Dewis Gyrfa Equality and Diversity Policy Context Career Choices Dewis Gyrfa (CCDG) which trades as Gyrfa Cymru Careers Wales, The Company, supports clients to plan their career development and to make individual decisions on routes through education, training and work that are based on a realistic understanding of their capabilities and the opportunities available to them. In order to fulfil this role CCDG provides free, bilingual, independent and impartial careers information, advice and guidance services for all ages; linking education and business together. This policy provides the means by which CCDG complies with legislation, directives and standards regarding Equality and Diversity. This policy document sets out CCDG commitment as a wholly owned subsidiary of Welsh Government to promoting equal opportunities both in service delivery and as an employer. CCDG s implementation of this policy ensures that equality and diversity is embedded throughout all aspects of the business and promotes equality of opportunity, access and fair treatment to all our clients, employees, contractors and stakeholders. Scope CCDG is categorised as a public organisation employing more than 150 employees and is therefore covered by the General and Specific Equality Duties contained in the Equality Act The Equality Act 2010 requires that CCDG pays due regard to the need to meet the three aims of the General Equality Duty and comply with the supporting Specific Equality Duties (these are outlined in Annex A). CCDG defines equality and diversity as:- Equality is about creating a fairer society, where everyone can participate and has the opportunity to fulfil their potential Diversity literally means difference. When it is used as a contrast or addition to equality, it is about recognising individual as well as group differences, and placing positive value on diversity in the community and in the workforce. CCDG is firmly committed to equality of opportunity both in the provision of its services to clients and in all aspects of its activities as an employer. The Policy covers all employees of CCDG and all those who use CCDG services whether provided directly by CCDG or on its behalf by a third party. E&D Policy final 11/15 Page 1

2 The Policy covers persons or groups who share one or more of the nine protected characteristics identified in the Equality Act 2010 (Annex A) theses are:- Age - The Equality Act protects people of all ages. However, if different treatment because of age can be justified and is a proportionate means of meeting a legitimate aim, this will not be considered discrimination. The prohibition on age related discrimination also covers training and education. Disability - A person has a disability if he or she has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. Gender - A man or a woman, i.e. being male or female. Gender reassignment - A person who is proposing to, or is currently undergoing, or who has undergone a process to change their gender. Marriage and civil partnership - Marriage is a union between a man and a woman and between a same-sex couple. Same-sex couples can also have their relationships legally recognised as 'civil partnerships'. The Equality Act protects employees who are married or in a civil partnership. Single people are not protected. Pregnancy/maternity - Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth and this includes treating a woman unfavourably because she is breastfeeding Race - Refers to a group of people defined by their race, colour and nationality, ethnic or national origins Religion or belief - Religion includes any religion. It also includes a lack of religion (for instance service users and employees are protected if they do not follow a certain religion). Belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live. Sexual orientation - Defined as a person's sexual attraction towards their own sex (gay or lesbian), the opposite sex (heterosexual) or to both sexes (bisexual). In addition CCDG has adopted the principle that in the conduct of public business it will treat the Welsh and English language on the basis of equality. CCDG Welsh Language Scheme sets out how we will implement this when providing services. E&D Policy final 11/15 Page 2

3 Aims CCDG will, in its role as an employer and in provision of services to clients, comply with relevant legislation relating to Equality and Diversity (including the Equality Act 2010 and General and Specific Duties contained within the Act) ensuring the best interests of clients and staff are met. CCDG will work to the principles of the Equality Duty in regard to the advancement of equality and good relations which cover the nine protected characteristics. CCDG will ensure that no member of staff or client receives less favourable treatment on grounds of age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation and social or economic background or is disadvantaged by any practices or procedures that cannot be justified. CCDG will keep abreast of Wales and UK best practice in respect of equality and diversity and will use this information to inform the continuous improvement of the organisation s policies and procedures in this regard.. Outcomes To address any possible acts of discrimination, harassment or bullying by demonstrating zero tolerance and raising awareness of what is discrimination, harassment and bullying Strategic Objectives, Principles and Standards Strategic Objectives CCDG has established an Equality and Diversity Steering group; members include managers representing policy, operational and corporate teams. The Steering Group will agree the Equality and Diversity Action Plan (Annex B) and will monitor and review the organisation s performance in relation to the objectives and targets detailed in the Plan. The Plan will be updated annually. The Steering Group will present Equality and Diversity progress reports to the Senior Management Team annually. CCDG will promote equality and diversity and challenge stereotypes, within the context of our business, at every opportunity through our website and other marketing material. E&D Policy final 11/15 Page 3

4 CCDG will ensure the use of imagery that challenges stereotypes and is compliant with discrimination legislation including accessibility. CCDG requires that its contractors and sub-contractors providing services to clients, comply with this policy. Principles Equality and diversity issues are embedded across all CCDG activities and the we are introducing strategies designed to ensure that everyone has the chance to fulfil their potential. CCDG will continue to promote equality of opportunity, access and fair treatment to all our clients, employees, contractors and stakeholders. Standards CCDG will place this Policy and associated legislation on the organisation s intranet. This will ensure that staff are aware of what is expected of them by the Equality and Diversity s policy and what is required of them by law. Further training will be provided, as appropriate, where any future material adjustments are made in legal requirements, the policy, or the action plan. Any Acts of discrimination by employees or any failure to comply with the terms of the policy could result in action taken in line with the company disciplinary policy. The organisation will ensure that its Equality and Diversity Policy is appropriately aligned with all other CCDG policies and procedures and is supported and serviced in particular by human resource policies and procedures relating to: Recruitment Training and Development Sickness and Absence Family friendly leave Discrimination Harassment and Bullying Staff Disciplinary and Grievance Whistleblowing All CCDG policies will have an Equality Impact Assessment completed by suitably trained and competent staff as part of the policy writing process. Corporate Implications CCDG will ensure that employees receive information and awareness training in Equality and Diversity legislation and good practice to support the implementation of this Policy and related procedures and Action Plan. Further training will be provided, as appropriate, where any future material adjustments are made in legal requirements, the Policy, or the Action Plan. E&D Policy final 11/15 Page 4

5 The organisation has arrangements in place to ensure that it keeps abreast of legislative and best practice developments relevant to its Equality and Diversity Policy and may access independent legal advice to affirm its current or future policy and operational position in this regard. The overall responsibility for ensuring compliance with Equality and Diversity strategies and legislation lies with the CCDG Board of Directors. The Director with responsibility for Equality and Diversity has overall responsibility for overseeing the implementation of the Policy and Action Plan The Head of Development and Policy Manager with responsibility for Equality and Diversity are responsible for writing and implementing the Policy and Action Plan with the support of the Equality and Diversity Steering Group. Review, Evaluation and Learning Monitoring and evaluation of the CCDG Equality and Diversity Policy is the responsibility of the CCDG Equality and Diversity Steering Group, which is chaired by the Policy Manager with responsibility for Equality and Diversity, reporting to the Head of Development and Director with responsibility for Equality and Diversity. CCDG undertakes monitoring and evaluation of the diversity profile of our staff and clients accessing our services. This information will assist Careers Wales to improve provision of services and to make any required adjustments as an employer. Any such improvements or adjustments will be included in the Equality and Diversity implementation Action Plan (Annex B). Results and outcomes of the Action Plan are reported on annually to both the Senior Management Team and Welsh Government. Equality and Diversity are covered by standards applied to careers information, advice and guidance interventions. CCDG s Professional Practice Policy includes arrangements for the assessment of staff performance against these standards. Analysis of this data will enable any relevant contraindications of the Equality and Diversity policy to be identified and addressed. The CCDG Complaints Policy enables the organisation to identify whether any negative feedback has been received from clients (or their parents / guardians / advocates) which claims a contravention of the Equality and Diversity Policy. Any such complaints received will be subject to impartial investigation and reporting. The CCDG employment policies relating to discrimination and harassment and the Grievance Policy and procedures enable the organisation to identify whether any negative feedback has been received from staff which suggests a contravention of the Equality and Diversity Policy. Any such complaints received will be subject to impartial investigation and reporting in line with the Policy. E&D Policy final 11/15 Page 5

6 The evaluative feedback identified above, will enable the organisation to monitor the effectiveness of this policy and the continuous improvement of services to clients and employees with regard to Equality and Diversity. Sustainability As part of its development, this policy has been subject to an Equality and Diversity Impact Assessment. The implementation of this policy will be commensurate with the efficient use of staff and monetary resources, whilst ensuring adherence to relevant principles, standards and best practice. Document Administration Author: Beth Titley Policy Manager Date: November 2015 Version: Final E&D Policy final 11/15 Page 6

7 Annex A LEGISLATION THE EQUALITY ACT 2010 It is unlawful to discriminate on the grounds of age, disability, gender, gender reassignment, transgender, pregnancy and maternity, race, religion or belief and sexual orientation. Acts of discrimination can occur in seven main ways: Direct Discrimination - takes place when one (or more) person(s) is treated less favourably than others in the same circumstance. Associative Discrimination - this is direct discrimination against someone because they are associated with another person who possesses a protected characteristic. Discrimination by Perception - this is direct discrimination against someone because others think that they possess a particular characteristic. They do not necessarily have to possess the characteristic, just be perceived to. Indirect Discrimination - this form of discrimination takes place when a requirement or condition of employment, promotion or aspects of service delivery is applied equally and appears to be fair, but can be shown to have an adverse impact on an individual or group by placing them at a disadvantage, and the reason for this cannot be justified. Harassment this is behaviour that is deemed offensive by the recipient. Employees can now complain of the behaviour they find offensive even if it is not directed at them. Harassment by a Third Party employers are potentially liable for the harassment of their staff or customers by people they don t themselves employ, i.e. a contractor. Victimisation This form of discrimination takes place when a person receives less favourable treatment because they have made a complaint, or it is suspected that they have made a complaint, or if they have or are going to provide evidence about an act of discrimination. Legislative Context There are significant pieces of legislation, which will remain central to CCDG s Equality and Diversity Policy and to which all its employees will comply with. The Equality Act 2010 The Equality Act 2010 merged anti-discrimination laws into a single Act and simplified the law, removing inconsistencies and making it easier for people to understand and comply with it. It provides a framework for simpler, smarter and more streamlined processes. It also strengthens the law to help tackle the discrimination and inequalities, which still exist in our society. E&D Policy final 11/15 Page 7

8 The General Duty 2010 The general equality duty came into force on 5 April CCDG carries out functions of a public nature and will put in place reasonable and practicable measures to undertake its functions in line with the equality duty. Those subject to the equality duty must, in exercise of their functions, have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not. Specific Duties The purpose of the specific duties is to help organisations to comply with the general duty, by improving the focus and transparency of activities to meet the general duty. Where reasonable and practicable CCDG will publish information in line with the specific duties placed upon public authorities. In summary, those public authorities covered by the specific duties are required to: 1. Publish sufficient information to demonstrate its compliance with the general duty across its functions. This information must include information on the effect that its policies and practices have had. Evidence of the analysis that has been undertaken. Details of the information that they considered in carrying out the analysis. Details of the engagement that they undertook. 2. Prepare and Publish Equality Objectives Objectives that it reasonably thinks it should achieve to meet one or more of the aims of the general duty. Details of the engagement that it undertook, in developing its objectives, with people whom it considers to have an interest in furthering the aims of the general equality duty. 3. Publication The information on equality objectives must be published at least every four years. The information and equality objectives must be published in a manner that is reasonably accessible to the public. It can be published within another document. E&D Policy final 11/15 Page 8

9 RESPONSIBILITY Corporate Responsibility 1. CCDG recognises and accepts its responsibility to provide a working environment and a service that is free from unfair, unjust and unlawful discrimination. It will also ensure that an environment exists in which all potential employees, employees, clients and anyone else who comes into contact with the organisation feels valued, safe and secure and able to maintain their dignity at all times. In such an environment employees will feel confident in working to their full potential and enjoy the satisfaction of achievement and a diverse environment. Management Responsibility 2. All managers within the organisation have particular responsibility to ensure the business acts lawfully and that the spirit of the policy is maintained and promoted in all aspects of the business. As managers, they each have responsibility for ensuring that their employees are aware of CCDG s Equality and Diversity Policy, diversity strategy and Action Plan. They are responsible for monitoring their work area and stopping unacceptable behaviour immediately. Individual Responsibility 3. Each individual who works for CCDG is responsible for his/her own actions and is to respect the spirit of the Equality and Diversity Policy. They are equally liable for their actions under anti-discrimination legislation and are expected to treat others with respect and dignity at all times. 4. Any individual whose behaviour in the workplace causes distress, fear or makes others feel uncomfortable will be subject to an investigation and possible disciplinary action. 5. CCDG expects each individual to commit to and promote the Equality and Diversity Policy and to report any incident(s) of discrimination or harassment they encounter or observe. 6. The Equality and Diversity Policy is the responsibility of every member or employee to apply. Its application is also required from people who work with CCDG in providing the work that [Company Name] does. 7. Failure to follow the Equality and Diversity Policy may result in disciplinary action. E&D Policy final 11/15 Page 9