NOT PROTECTIVELY MARKED FORCE PROCEDURES. Religion and Belief at Work

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1 FORCE PROCEDURES Religion and Belief at Work Procedure Reference Number: 41/07 Procedure Author: Head of Communities Unit Procedure Review Date: April 2014 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date P Davies, Inspector, 21/08/07 (Author(s)) Religion & Belief Published T PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Definition of Religion or Belief Time Off for the Observance of Religion or Belief Facilities for Prayer or Spiritual Observance Washing Facilities Dietary Requirements Other ConsiderationsResponsibilities Appeals Review Procedure Aim... 6 Religion & Belief Published T PROTECTIVELY MARKED 2

3 1. Responsibilities T PROTECTIVELY MARKED 1.1 The procedure applies to all staff and extends to working time, break time, social and sporting events involving work colleagues, the force or the police service, and all training courses. 1.2 All Managers, trainers and staff organising work-related events have a responsibility to ensure that the religious needs and beliefs of staff are considered sensitively and objectively in line with the guidance contained in this procedure. 1.3 Staff dealing with requests under this procedure must consider the impact on the individual, their colleagues and the force, and the requirements of antidiscrimination legislation extending to religion or belief. 1.4 Staff have a responsibility to inform their Manager, Trainer or other person(s) organising a work-related event, which they are attending, of any requirements connected with their observance of religion or belief. This should be undertaken in a timely manner in order to ensure that the force has adequate opportunity to respond positively. 1.5 Staff have a responsibility to consider that a number of their colleagues may also be requesting the same thing at a similar time, and must be flexible when discussing any request so that a mutually acceptable compromise can be reached. 2. Guidance 2.1 Definition of Religion or Belief Click Here to Return to Index The Equality Act 2010 does not explicitly define religion or belief. The Act legislates against discrimination towards any religion, religious belief or similar philosophical belief. This does not cover a philosophical or political belief It is likely that an employment tribunal, when considering what constitutes a religion or belief will consider factors such as collective worship, a clear belief system and a profound belief affecting the way of life or view of the world. The Act also extends protection to perceived religion or belief, regardless of whether the individual actually belongs to that particular religion or belief Staff responsible for dealing with requests under this procedure should use such guidance when considering whether the request falls within its boundaries. 2.2 Time Off for the Observance of Religion or Belief The Equality Act 2010 dos not require an employer to provide time off for the observance of religion or belief. As an equal opportunities employer however, we must consider whether our policies, rules and procedures could discriminate. Religion & Belief Published T PROTECTIVELY MARKED 3

4 2.2.2 Many religions and belief systems have festival and/or spiritual observance days and staff may request time off to celebrate or attend ceremonies during these periods Where it is reasonable and practicable, and the member of staff has holiday entitlement or flexi-time available, the request for such leave should be granted. Difficulties may arise when several such requests are made. In this situation, the matter should be discussed with the staff concerned and preferably also with a trade union and/or staff association representative so that a mutually acceptable compromise can be reached. It is possible under Police Regulations for Police Officers to transfer bank holidays (with the exception of Christmas Day) to other dates Staff may request that their rest break coincides with their religious or belief obligations to pray, or perform a ceremony or ritual, at certain times of the day. Time for prayer is rarely longer than time taken to drink a cup of coffee and such requests should be upheld where it is both reasonable and practicable The force is not required to accept unreasonable disruption to its activities. If a request for time-off conflicts with the legitimate aims of the force and the person making the decision is able to show that they are unable to meet that request in any other way (e.g. through organising cover, re-rostering break times, encouraging the use of flexible working or annual leave), then that request may be reasonably refused. 2.3 Facilities for Prayer or Spiritual Observance The Force where possible, will make available a room for prayer or private contemplation. This may be an existing office or other work area. Staff may request access to an appropriate quiet place to undertake prayer or spiritual observance, and those responsible for dealing with such requests are required to do their utmost to accommodate them General rest areas should not be used for this purpose. An allocated room should also be available to all staff and also for non-religious purposes. For example, a recently bereaved member of staff may welcome the opportunity for quiet reflection Staff dealing with such requests must consult with all concerned regarding the wearing of shoes and/or headwear in such areas, as this is forbidden at some places of worship. They are also encouraged to identify areas that are suitable for staff to store any ceremonial objects that they may require All staff are reminded that such facilities are not a legal entitlement and that the abuse of any facility offered may result in it being withdrawn. 2.4 Washing Facilities Some religions and belief systems require a person to wash before prayer. This is often done symbolically or by using existing washing facilities. Staff dealing with requests under this policy are encouraged to consult with all concerned and to consider whether anything reasonable and practicable can be done to help staff meet their requirements. Religion & Belief Published T PROTECTIVELY MARKED 4

5 2.4.2 Some religions and belief systems do not permit individuals to undress or shower in the company of others. Insistence upon communal showering and changing facilities could constitute indirect discrimination. If, for health and safety reasons, staff have to change their clothes and/or shower communally, Managers and/or trainers should discuss with the individual how such needs can be met. 2.5 Dietary Requirements Some religions and belief systems require adherence to dietary codes. Staff bringing such food into work may need to store or cook it separately from other foods. Staff dealing with this particular requirement must consult with their staff and attempt to meet the needs of all concerned. It is good practice and costs nothing to have a local policy of storing food in containers and on designated shelves for meat and non-meat items All staff are required to enquire about the dietary needs of their colleagues when organising work-related events such as meetings, recruitment events, sports events, training courses and social events, and to try and meet the needs of all concerned where possible The provision of food and drink in Force canteens and vending machines lies outside the scope of this procedure, however, the Force will work with suppliers of catering to ensure that the equality and diversity policy is upheld where possible. 2.6 Other Considerations When organising an event to celebrate a religious festival e.g. a Christmas party, all staff should ensure that attendees with a different, or no, religion or belief are able to attend and feel included Work or training involving the handling or consumption of meat or alcohol, or their by-products, should not be allocated to a member of staff raising an objection on religious or belief grounds unless absolutely operationally necessary. In such situations Managers are required to examine where operational tasks can be shared amongst all members of the team so as not to discriminate on grounds of religion or belief Some religions and belief systems require adherence to dress codes. Staff dealing with such requests under this procedure are encouraged to consult with all concerned and to consider operational requirements balanced against those of the individual. 3. Appeals Click Here to Return to Index 3.1 Members of staff may appeal against the application of this procedure to their supervisor via the Constabulary Grievance Procedure. Click Here to Return to Index Religion & Belief Published T PROTECTIVELY MARKED 5

6 4. Review T PROTECTIVELY MARKED 4.1 This procedure will be reviewed annually after it has been ratified and the following will be considered. Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality 4.2 The review will ensure that it is still relevant and that monitoring information shows that its application is fair and proportionate. 5. Procedure Aim Click Here to Return to Index 5.1 Cheshire Constabulary supports individuals' right to freedom of thought, conscience and religion, and to conditional protection of the right to express religion or belief. It seeks to promote a balanced approach to recognising and managing religion or belief issues at work and to find reasonable solutions, wherever possible. It is in the interests of all parties to try to find reasonable solutions through discussion, mutual respect and, where practical, mutual accommodation. 5.2 In accordance with its Equality and Diversity policy, Cheshire Constabulary will fully support any member of staff seeking to observe their religion or belief at work as far as is practicably possible. 5.3 Cheshire Constabulary recognises that fairness at work and staff motivation, job performance, recruitment and retention, go hand in hand. 5.4 The procedure aims to introduce good employment practice by providing a positive statement and guidance that will enable staff to observe their religion or belief at work. 5.5 This procedure has been written to ensure that sensitivity and flexibility are shown to staff who seek to follow their religion or belief at work, where there is no adverse impact on operational requirements. Religion & Belief Published T PROTECTIVELY MARKED 6

7 Procedure Review Form Title: Religion and Belief at Work Procedure Author: Paul Davies Tel. Ext.: 2466 Procedure approved by: Chief Superintendent C Richards Linked to Policy: HR Management Equality and Diversity Date Approved: 27 th September 2007 Procedure Review When was the procedure last reviewed? 2004 Is this procedure still required? Yes If No, contact the Force Information Centre to Could this procedure be No consolidated with another? Does this procedure involve significant change to working practices that will have a resultant impact on service delivery, budget or operational risk? What forms are linked to this procedure? archive the document If Yes, contact the Business Intelligence Unit to arrange a joint review No If Yes, inform the Business Intelligence Unit Ensure all forms included in the procedure are reviewed. If amendments are required to any forms contact the Force Forms Administrator within Design and Print. Has the procedure considered the following? What evidence is in the procedure to support this? Resource implications No No extra resource implications Finance implications No No extra financial implications IT Service implications No No extra IT Service implications Policy Owner Sign Off I authorise this procedure for publication / I have forwarded the procedure to an ACPO member for consideration * Delete as appropriate Policy Owner: Chief Superintendent, Force operations Directorate Signed C Richards Date: 27 th September 2007 ACPO Member Sign Off I authorise this procedure for publication / I do not authorise this procedure for publication * Delete as appropriate ACPO Member: Signed Date: Religion & Belief Published T PROTECTIVELY MARKED 7

8 List legislation relevant to the procedure: T PROTECTIVELY MARKED Procedure Human Rights Review Human Rights Compliance Assessment Has any of the legislation / case law changed since the last review? Has procedure changed since last review? RIPA / PACE / CPIA Other: Legislation listed within Race and Diversity Impact Assessment If No to both questions then previous compliance test stands As a result of the application of the procedure, which Articles are likely to be infringed? 8 Respect for private and family life No 9 Freedom of thought, conscience and religion Yes 10 Freedom of expression No 11 Freedom of assembly and association No For each Article infringed, identify the legitimate aim(s) that justify the infringement: Legitimate Aim Article 8 Article 9 Article 10 Article 11 National Security N/A Public safety Economic wellbeing of country N/A N/A N/A Prevention of crime and disorder N/A Protection of public order N/A N/A N/A Territorial integrity N/A N/A N/A Protection of reputation and rights of others N/A N/A N/A Preventing disclosure of information received N/A N/A N/A in confidence Maintaining authority and impartiality of N/A N/A N/A judiciary Protection of health or morals X Protection of rights and freedoms of others X N/A Is the interference the least intrusive option to achieve the identified legitimate aim? Is the interference justified and proportionate with regard to the identified legitimate aim? Is the interference identified applied in a non-discriminatory manner? Are decision making processes and outcomes of actions documented? Yes Yes Yes Yes Article 8 Right to Respect for Private and Family Life Everyone has the right to respect for his private and family life, his home and his correspondence. Article 9 Freedom of Thought, Conscience and Religion Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Article 10 Freedom of Expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. Article 11 Freedom of Assembly Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Religion & Belief Published T PROTECTIVELY MARKED 8

9 Section A T PROTECTIVELY MARKED Procedure Race and Diversity Impact Assessment Title of Procedure: Religion and Belief at Work Has a Diversity Impact Assessment been previously completed? Yes If Yes, when and was it H/M/L? If No, go to Section B September 2009 Has the procedure changed sufficiently to require a further No impact assessment? If Yes, go to Section B. If No, go to Section C If no impact assessment has been completed or a further assessment is required, complete the following flowchart to identify whether the procedure has a potentially Low / Medium / High impact and bear in mind the protected characteristics as defined by the Equality Act 2010: Age* Disability Gender reassignment Marriage and Civil Partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation Age relates to all ages Religion & Belief Published T PROTECTIVELY MARKED 9

10 Section B Please complete the following flowchart and put an X in the box next to the score you have assigned the procedure: Does the procedure only relate to an internal process? Does the procedure affect staff employment / development? LOW Could the procedure be applied with discretion that might discriminate against a minority group? Is data with minority indicators collected? Ensure monitoring procedures are in place and then re-answer the question Is data with minority indicators collected? Does the procedure show the potential for discrimination? Does the procedure show the potential for discrimination? Could application of the procedure affect community relations? Are all reasonable safeguards and processes in place to ensure any potential discrimination is minimised? MEDIUM HIGH X MEDIUM LOW If on completion of the flowchart you consider that the initial impact assessment should be raised then please re-grade the impact as High or Medium. Initial Impact Assessment raised? If Yes then, was it raised to Medium / High Religion & Belief Published T PROTECTIVELY MARKED 10

11 Section C - Race and Diversity Impact Assessment 1. Does this activity present an opportunity for Improving race/community/ faith/ /disability/ age/ gender or sexual orientation relations? If so, how? 2. Is there public/political concern in relation to race/disability/age/gender/sexual orientation/community issues attached to this activity? If so, what are those concerns? 3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence. If reviewing the procedure what are the results of the monitoring? 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality. 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups involved in the consultation? The application of the procedure is fundamental in mainstreaming diversity into all aspects of our business and by this can help the promotion of good race relations and equality of opportunity as required by the RRA Act 2000, by ensuring all staff are not disadvantaged or treated unfairly. Yes. It is well documented over a significant period of time that there are concerns that the police are not always even-handed towards certain minority groups. This applies both internally and externally and it is paramount that this procedure is at the heart of what we do. ACPO Diversity Team National Guidance HMIC Sex Discrimination Act 1975 Race Relations Act 1976 Health and Safety at Work Act 1974 Management of Health and Safety Regulations 1992 Employment Rights Act 1996 Race Relations Amendment Act 2000 Protection from Harassment Act 1997 Human Rights Act 1998 Equality Act 2006 Equality Act 2010 N/A Data has been obtained at recruitment point and at subsequent internal cultural surveys. There is no legal compunction to declare your religion and accurate statistics are unavailable. Any complaints are dealt with by the grievance procedure and this would identify any amendments required. None Independent Advisory Group No Yes Religion & Belief Published T PROTECTIVELY MARKED 11

12 I confirm that this procedure is compliant with the Constabulary s commitment to Equality and Diversity. Approved by Diversity Advisory Unit Name: Gareth Woods Date: March 2013 Procedure Health and Safety Health and Safety Assessment If required, guidance for this section should be sought from the Force Health and Safety Advisor. Who will be affected by this Procedure? Police Employees Are any of the existing generic risk No Details if Yes assessments affected by this Procedure? Is a new risk assessment required by this No Details if Yes procedure? Does this procedure require revised No Details if Yes Health and Safety training for Staff? Does this procedure require revised equipment for Staff? No Details if Yes I confirm that this procedure is compliant with Health and Safety legislation and regulations. Approved by the Force Health and Safety Department Name: Date: Procedure Quality of Service Commitment Quality of Service Commitment The National Quality of Service Commitment sets out the standards and services the public can expect when they make contact with the police. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon quality of service and specifically a National Quality of Service Commitment? No If answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Making it easy to contact us Providing a professional and high quality service Dealing with your initial contact Keeping you informed Ensuring your voice counts Victims of Crime Other service commitments Complaints What changes, if any, have been made to the procedure to reduce an adverse impact on quality of service? If the procedure adversely affects quality of service, can it be justified because of the overall objectives? None N/A Religion & Belief Published T PROTECTIVELY MARKED 12

13 Procedure Victims Code of Practice Victims Code of Practice The Code of Practice for Victims is a statutory requirement and establishes the minimum service levels to be given to any person who has made an allegation to the police or has had an allegation made on their behalf. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon the service provided to No victims of crime and, specifically, compliance with the Victims Code? If answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Persons entitled to receive services under the Code Vulnerable or Intimidated victims Crime Reporting, Assessment and Victim Support Investigation Family Liaison Officers Arrest and Bail Decisions to bring Criminal proceedings Bailing of Persons to Court Other disposal methods Youth Offending Teams Requests from the Criminal Injuries Compensation Authority and/or the Criminal Injuries Compensation Appeals Panel Information about the Criminal Cases Review Commission What changes, if any, have been made to the procedure to reduce an adverse impact on the service given to victims of crime and to maintain compliance with the Code? If the procedure adversely affects the service given to victims of crime and compliance with the Code, can it be justified because of the overall objectives? If Yes, give details Procedure Data Protection Data Protection The Data Protection Act applies to personal data. This is defined as information relating to a living individual, who can be identified either from the information itself or indirectly by combining the information with other data available. All personal data must be dealt with in accordance with eight Data Protection Principles. I confirm that this procedure is compliant with the Data Protection Act Approved by Data Protection Officer Name: J Gannon Date: 24/09/07 Religion & Belief Published T PROTECTIVELY MARKED 13

14 Procedure Freedom of Information Freedom of Information The Freedom of Information Act 2000 requires that all public authorities develop and maintain a publication scheme. Cheshire has adopted the ACPO publication scheme model. This requires that force policies are routinely made available to the public on the force website. There are 23 exemptions from disclosure these are detailed in Part II of the Act. I confirm that this procedure is compliant with the Freedom of Information Act Approved by Freedom of Information Officer Name: J Gannon Date: 24/09/07 Procedure Management of Police Information Management of Police Information (MoPI) The "Management of Police Information" (MoPI) Guidance follows the publication in July 2005 of a Code of Practice on the management of police information developed by the Home Secretary under the Police Act This Statutory Code was part of the government's response to the recommendations of the Bichard Inquiry into the circumstances surrounding the tragic murders in Soham and was designed to provide a common national framework for the management of police information, highlighting the importance of common standards in high risk areas of activity. The Force has a duty to be MoPI compliant in all business areas by 2010 and will be subject to HMIC inspection thereafter. To support this, the procedure has been developed in accordance with the Force Information Management Strategy, MOPI Guidance and Codes of Practice. Further information is available on the Force Information Centre by clicking the above links. Does the procedure deal with the collecting, recording, evaluating, sharing, retaining or disposal of police information? If so, does it contain documented guidance covering roles and responsibilities? I confirm that this procedure is compliant with the Management of Police Information Guidance 2006 Approved by MoPI Officer Name: Not applicable Date: Procedure Force Solicitor s Office Vetting Force Solicitor s Office Procedure Vetting I am also satisfied that this procedure does not disadvantage the Force or place it in a position of legal vulnerability. I have reviewed this procedure and can confirm that in my opinion all engagement of articles from Human Rights Act are lawful, proportionate and necessary. Approved by the Force Solicitor s Office Name: Sent 28/08/07, no response Date: Procedure - Risk Management Religion & Belief Published T PROTECTIVELY MARKED 14

15 Risk Management Does the procedure have any impact on organisational risk? Organisational risk includes anything that has the potential to impact upon the Constabulary s assets, earnings, reputation, performance or personnel. An example of this could be where the Constabulary decides not to adopt national guidance in the application of its procedure. Yes, this procedure reduces organisational risk to the Constabulary s assets, earnings, reputation, performance or personnel by creating working conditions that respect the needs of staff who wish to observe their religion or belief. By introducing good employment practice and providing a positive statement and guidance that will enable staff to observe their religion or belief at work, the procedure should reduce staff turnover leading to savings in recruitment costs and training, improve staff motivation and performance, improve organisational image and reduce instances of Employment Tribunals. Procedure Values Check Values Checklist The force has developed a set of core values which should be reflected in all our policies and procedures so the values can be systematically embedded in our daily tasks and processes. A Values Checklist has been developed to assist staff who are writing a new or updating an old procedure to provoke ideas that may not have been previously considered. I confirm that this procedure is compliant with the Force Values. Name: Mark Watson Date: April 2010 Procedure Promotion and Distribution Promotion and Distribution How will staff be made aware of the procedure? This procedure will be publicised through Weekly Orders and Looking Glass and a copy will be placed on the Policy and Procedures section of the Force Information Centre. Religion & Belief Published T PROTECTIVELY MARKED 15