WILTSHIRE POLICE POSITIVE ACTION POLICY

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1 WILTSHIRE POLICE Form 536 August 2006 POSITIVE ACTION POLICY Statement of Policy The Police Service is committed to developing a diverse workforce that reflects the community it serves. It is only by doing this can we deliver a quality of service to all. (Chris Fox, ACPO - Breaking Through Action Plan: Promoting Minority Ethnic Employment in the Police Service, Home Office, 2004). Wiltshire Police are therefore committed to supporting and encouraging positive action, so that the Force can progress towards this goal. The Forces recruitment policy aims to ensure that no job applicant or member of staff receives less favourable treatment on the grounds of race, colour, nationality, religion or beliefs, ethnic or national origins, age, gender, being married or in a civil partnership, sexual orientation or disability*. In terms of Positive Action, the Race Relations Amendment Act (2000) places obligations on all public sector bodies to promote race equality. The Home Office produced a publication for all Forces for attraction and retention of ethnic minorities to help dismantle any barriers (see the HR Intranet for Breaking Through Action Plan: Promoting Minority Ethnic Employment in the Police Service, Home Office, 2004). But there are other compelling reasons such as business benefits of a diverse workforce, community engagement and public confidence that compel the Force to take Positive Action to address, attraction, recruitment, retention and development of Visible and Minority Ethnic individuals as a priority also being inclusive of other under-represented or disadvantaged groups in the Force s long-term action plan (see HR Intranet for It Works Operational Benefits of Diversity in the Police Service, Home Office). Aims of the Policy The aims of this policy and its supporting procedure are: to clarify the term positive action, to commit to monitoring of under-representation, to commit to implementation of positive action where appropriate, to ensure that the Force complies with the legal constraints that apply, to encourage the correct use of positive action. * Footnote: For operational roles, once an applicant has passed the standard selection process including the separate medical and fitness test to be an Officer, they will be considered able to carry out the role. This medical and fitness test may or may not affect a person with a disability and reasonable adjustments** will be made when applicable. (**For more information on reasonable adjustments, the Disability Discrimination Act (DDA) and employers obligations go to the HR Intranet).

2 Clarification of the Term Positive Action Positive Action in employment covers a series of measures that can be taken to help redress any imbalances that may have arisen in the workplace as a result of past or current discrimination or disadvantage. Positive Action allows treatment that would otherwise be unlawful and there are legal provisions dictating how it is used in the equality legislation. Within this defined legal framework it is applied to address under representation in respect of race and gender and in respect of sexual orientation, religion and belief and age regulations it can also be applied as a result of disadvantage (specific examples of positive action can be found on the HR Intranet or by contacting the Force Equality & Diversity Officer). Positive Action is not about giving some people favourable treatment in terms of securing a job. Where under-representation is identified, the employer can offer encouragement to these groups to positively attract, or offer training to help them compete for opportunities at the same level as others. Positive Action only encourages individuals from under-represented groups to apply and selection is based on merit only. Exception to the rule In terms of disability is it important to note that whilst it is unlawful to positively discriminate (e.g. giving clear advantage to a group of candidates based on their ethnicity or sex over others) employers can lawfully positively discriminate for a person with a disability under the Disability Discrimination Act. For example, guaranteeing an interview if a candidate meets the minimum criteria or making adjustments to the type of assessment used to select candidates to accommodate their disability. More detailed information on these terms (e.g. positively discriminate) are provided in the Positive Action Procedure on the HR Intranet. 2

3 The Role of Monitoring Identification of under representation is the first step before any positive action initiatives should be undertaken. The Force is therefore committed to monitoring across all strands of diversity, but in particular race and gender, throughout all recruitment, selection and promotion processes. Where under representation is identified, further work will be carried out to try to establish what the barriers may be. Where appropriate, positive action initiatives will then be undertaken with a view to redressing any imbalance. Legal Drivers Sections 47 and 48 of the Sex Discrimination Act 1975 Sections 37 and 38 of the Race Relations act 1976 Employment Equality Regulations for religion belief and sexual orientation The Disability Discrimination Act 1995 The Government Two Ticks Scheme The Age Discrimination Act 2006 Glossary of Terms Term VME s DDA Reasonable Adjustments Meaning Visible and Minority Ethnic Individuals Disability Discrimination Act Workplace adjustments made for a person with a Disability under the Disability Discrimination Act (DDA) that are deemed both reasonable by the employer and justifiable within employers legal obligations. 3

4 Strategic Aims The Force Priorities linked to this document are set out below. Force Priorities Linked to this Policy Taking our staff with us Delivering (safe and) satisfied communities COMPLIANCE European Convention on Human Rights (ECHR) Compliance The table below lists the ECHR Compliance Guide paragraphs that specifically relate to this Policy. ECHR Compliance Guide paragraphs relating to this 1. The Impact of The European Convention on Human Rights 2. Article 6 - Right to a Fair Trial 3. Article 9 - Freedom of Thought, Conscience and Religion 4. Article 10 - Freedom of Expression 5. Article 11 - Freedom of Assembly and Association 6. Article 14 - Prohibition of Discrimination 7. Positive Obligation 8. Duty of Staff Disability Discrimination Act 1995 In writing this policy the main implications of the above Act, together with the Disability Discrimination Act (Amendment) Regulations 2000 have been taken into account. Sex Discrimination Act 1975 In writing this policy the main implications of the above Act, in particular sections 47 and 48 have been taken into account. Race Equality and Diversity Impact This policy has been assessed for relevance to the general duty to provide race equality under the Race Relations (Amendment) Act

5 This assessment has shown that the policy and its aims are likely to have the relevance level indicated below Relevance Level (Please see Wiltshire Constabulary Race Equality Scheme for details of how to assess the Relevance levels of policies and procedures) medium relevance Relevant duties under the RRA Act 2000 Elimination of unlawful racial discrimination Promotion of equality of opportunity (particularly sections 37 & 38) Promotion of good race relations. In this regard a full race equality impact assessment will / will not be undertaken in accordance with the Race Equality Scheme Action Plan. Freedom of Information Act Data Protection Act Any information relating to an identified or identifiable living individual recorded as a consequence of this policy will be processed in accordance with the Data Protection Act 2018, General Data Protection Regulations and the Force Data Protection Policy. 5

6 Policy Positive Action Author Tanya Lines Department Human Resources Date of Publication April 2010 Review Date April 2013 Technical Author S Williams INDEX Statement of Policy... 1 Aims of the Policy... 1 Clarification of the Term Positive Action... 2 The Role of Monitoring... 3 Legal Drivers... 3 Glossary of Terms... 3 Strategic Aims... 4 COMPLIANCE... 4 European Convention on Human Rights (ECHR) Compliance... 4 INDEX