DIVERSITY AND EQUALITY POLICY AND PROCEDURES Last updated 09.14 1
Contents 1.0 STATEMENT OF POLICY AND INTENT... 3 1.1 Aims of the policy... 3 2.0 RESPONSIBILITY FOR THE DIVERSITY & EQUALITY POLICY... 3 2.1 Individual Responsibility... 3 2.2 Manager and Supervisor Responsibility... 3 2.3 Overall Responsibility... Error! Bookmark not defined.4 3.0 THE LEGAL FRAMEWORK... 4 3.1 Direct Discrimination... 4 3.2 Perceptive discrimination... 5 3.3 Associative discrimination... 5 3.4 Indirect discrimination... 5 3.5 Harassment... 5 3.6 Victimisation... 5 4.0 ACTION, IMPLEMENTATION AND ENFORCEMENT... 5 4.1 Availability of the policy... 6 4.2 Reporting and Resolution / Grievance and Discipline... 6 5.0 Further information and getting involved... 6 Last updated 09.14 2
1.0 STATEMENT OF POLICY AND INTENT Theatre Royal (Plymouth) Ltd. (TRP), through its Board of Trustees, recognises that our success depends on people. Capitalising on what is unique about individuals and drawing on their different perspectives and experiences will add value to TRP. TRP is committed to creating a culture that is free from discrimination, victimisation, harassment and bullying and to ensuring that all those who engage with us are treated with fairness, dignity and respect. We want TRP to be a place where people feel included, supported and valued for their contribution and have the confidence to challenge discrimination wherever they encounter it. TRP celebrates the diversity of the community it represents and recognises the significant importance and benefits of developing a workforce which reflects this diversity. 1.1 Aims of the policy The aims of this policy are: To create a culture of fairness, dignity and respect in our theatre which celebrates difference and engenders collaboration and cooperation. A culture where people are valued for who they are and the contribution they make. To ensure active opposition to any and all instances of discrimination, bullying and harassment and victimisation. 2.0 RESPONSIBILITY FOR THE DIVERSITY & EQUALITY POLICY 2.1 Individual Responsibility Every individual within the theatre has a responsibility to not behave in a way that could be offensive to others and to ensure that everyone who engages with the theatre is treated with fairness, dignity and respect. We must all make sure that we: Are actively supportive of the Diversity and Equality Policy and any initiatives to promote a culture that celebrates diversity, equality and fairness. Do not discriminate against, harass, bully, abuse or intimidate our colleagues, audiences, suppliers or other stakeholders. Do not encourage, instruct or pressurise other people to discriminate, harass, bully or abuse anyone. Have the confidence to appropriately challenge any incidents of discrimination, victimisation, harassment or bullying carried out by colleagues, audiences, suppliers or other stakeholders and bring such incidents to the attention of management. 2.2 Manager and Supervisor Responsibility In addition to their responsibility as individuals under this policy, managers and supervisors also have a responsibility to monitor and moderate the behaviour within their teams and ensure that no acts of discrimination, victimisation, harassment or bullying are carried out by any employee. If they witness or become aware of activities or behaviour that is in breach of this policy, they must take immediate steps to stop it. Managers and supervisors are also responsible for communicating this policy; ensuring that it is understood within their teams and for giving employees the confidence and authority to appropriately challenge behaviour which is in breach of the policy. Managers and supervisors have specific responsibilities to ensure that their decisions do not discriminate against anyone who engages with the theatre. Last updated 09.14 3
2.3 Overall Responsibility Our commitment to diversity and equality is an essential part of our culture and how we treat one another. The policy and accompanying action plan are developed and managed by the Diversity & Equality Group (DEG), a non-hierarchical representation of our workforce. The overall responsibility for this policy rests with the Chief Executive and the Senior Management Team. The Chief Executive, Senior Management Team and the DEG will: Demonstrate their commitment to diversity and equality through active support for the policy. Ensure that all employees, managers and supervisors are aware of this policy and receive appropriate training to enable them to meet their responsibilities within it. Ensure that the policy is clearly communicated to and understood by everyone who engages with the theatre as appropriate for their level of involvement with us. Empower and support individuals to appropriately challenge behaviour which is in breach of the policy. Review the policy and plan at least annually to ensure that it remains legally compliant, incorporates best practice and initiatives from other relevant organisations and remains true to the stated aims and objectives of TRP. 3.0 THE LEGAL FRAMEWORK It is important to understand the legal context of equality and diversity practice in the UK and Europe and to remain compliant with all relevant legislation. The legal framework of this policy is therefore set our below. The Equality Act 2010 is legislation that offers protection against discrimination to individuals with specific protected characteristics. These Protected Characteristics are: Age Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Religion or Belief Sex Sexual Orientation There are different types of discrimination and discriminatory practices that are covered by the Equality Act and these are defined below. The Act offers protection against all these types of discrimination in relation to all the protected characteristics with the exception of Marriage and Civil Partnership and Pregnancy and Maternity which are excluded from protection from Associative and Perceptive Discrimination and Harassment. Pregnancy and Maternity is also excluded from protection from Indirect Discrimination. However, as stated above, TRP is opposed to discriminatory practice of any kind and this policy seeks to protect the dignity of all employees and everyone who engages with our theatre. 3.1 Direct Discrimination This occurs when someone with a protected characteristic is treated less favourably than someone without it and the reason for the less favourable treatment is the protected characteristic. Examples include deciding not to employ someone, refusing them training or promotion, subjecting them to inferior conditions, or denying them access to services or facilities simply because they have a protected characteristic. 3.2 Perceptive discrimination A person can be directly discriminated against even if they do not have a protected characteristic. If they are treated less favourably because it is believed that they have a characteristic, then this is direct discrimination by perception. Last updated 09.14 4
3.3 Associative discrimination Similarly, if a person is treated less favourably because they have a partner, family member, colleague or friend with a protected characteristic, then this is direct discrimination by association. 3.4 Indirect discrimination This occurs when there is a condition, rule, policy or practice imposed by an organisation that places people with a protected characteristic at a particular disadvantage. 3.5 Harassment Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. TRP is committed to the creation of an environment that protects the dignity of all and will not tolerate harassment of any kind. Anyone can report behaviour that they find offensive, even if it is not directed at them. Some examples of harassment are: Unwanted physical contact such as unnecessary touching, gestures, physical threats or assault Unwanted verbal conduct such as remarks, suggestions, propositions, innuendos, lewd comments, jokes or banter based on the protected characteristics Unwanted non-verbal conduct such as offensive pictures, graffiti, display of pornographic or suggestive literature or inappropriate use of visual display units (VDU s) or network systems for this purpose 3.6 Victimisation Victimisation occurs when an employee is treated poorly because they have made or supported a complaint or raised a grievance in relation to breaches of this policy; or because they are suspected of doing so. 4.0 ACTION, IMPLEMENTATION AND ENFORCEMENT TRP has appointed a dedicated Senior Manager who will act as Chair to the DEG. The responsibilities and objectives of the DEG are: To act as ambassadors for this vital area of work in their own departments and beyond To ensure the Theatre and its work is inclusive and accessible to all members of the community To review the Diversity and Equality Policy and Plan on an annual basis To understand, monitor and address key issues regarding the protected characteristics in relation to our audiences and staff To ensure diversity and equality are considered within any new or updated company policies To maintain an up to date awareness of diversity legislation and local and national issues To monitor reported incidents where the Diversity and Equality Policy has been breached and take action as appropriate To ensure appropriate standards of behaviour are adopted throughout the Theatre To receive minutes and updates from the access group escalating issues as appropriate 4.1 Availability of the policy A copy of this policy and the annual Diversity and Equality Plan will be made available to everyone via the following means: Internally: On the Theatre Royal Plymouth Intranet As part of staff induction pack On Staff Notice Boards Last updated 09.14 5
On the Shared Diversity and Equality Drive. Externally: A copy of this policy will also be published on our website. 4.2 Reporting and Resolution / Grievance and Discipline It is a stated objective within this policy that every individual ought to feel confident and empowered to appropriately challenge behaviour which is in breach of our Diversity and Equality Policy. Therefore, it is hoped that most minor incidents or misunderstandings can be dealt with promptly and effectively directly with individuals concerned. However, we recognise that in some cases people may not feel able to resolve concerns themselves and in the case of more serious breaches of the policy, a more formal approach will be required. It is also important that the DEG have an awareness of all incidents and breaches of the policy and therefore all incidents and breaches must be reported to the DEG, even if they have been resolved. If you witness behaviour which you believe to be in breach of this Diversity and Equality Policy and you feel confident to do so, you should speak to the person(s) concerned directly. Politely explain that you feel their behaviour might cause offence and is contrary to the stated aims of our Diversity and Equality Policy. You should then also report the matter to your line manager who will in turn inform the Chair of the DEG. If you are not an employee of TRP and do not have a line manager, please inform the Chair of the DEG directly. If you do not feel confident or able to challenge the behaviour directly, or if the behaviour continues after you have spoken with the person(s) involved, then you should speak to your line manager who will in turn discuss your concern with the HR Manager to agree an appropriate course of action. If your concern is about the behaviour of your line manager, then speak with the HR Manager directly. Where appropriate, your line manager and / or the HR Manager will seek to resolve your concern informally in the first instance. However, in cases of serious breaches of this policy, or should your concern not be resolved to your satisfaction, then the matter may be dealt with in line with the theatre s formal grievance procedure. If you are a line manager and a concern is brought to your attention by a member of your team, you must ensure that it is reported to the HR Manager and the Chair of the DEG. All complaints or concerns should be fully investigated regardless of whether they are raised formally or informally and the originator of the complaint must be kept informed about the outcome of the investigation. Should the investigation identify serious breaches of the policy on the part of any TRP employee, the matter may be dealt with in line with the Theatre s formal disciplinary procedure. 5.0 Further information and getting involved This policy has been developed by the Diversity and Equality Group which is made up of representatives from across the theatre. It has been approved by the Senior Management Team and the Broadcasting Entertainment Cinematography and Theatre Union (BECTU) who will also agree any significant changes to the policy. The DEG regularly reviews its membership to ensure that it continues to represent all aspects of the theatre and we welcome contributions from outside the group. If you would like to find out more about the work of the DEG, or if you have an opinion or a suggestion about diversity within TRP, please feel free to contact any member of the group: Name Department Contact Debbie Clinton (Chair) HR Deborah.clinton@theatreroyal.com 01752 230491 Laura Edwards (Administrator) Administration Laura.edwards@theatreroyal.com 01752 230350 Last updated 09.14 6
Jack Mellor Front of House / Theatre Manager Jack.mellor@theatreroyal.com 01752 230318 Ed Borlase Marketing Edward.borlase@theatreroyal.com 01752 230453 Cheryl Hill Technical Wardrobe Cheryl.hill@theatreroyal.com 01752 230473 David Prescott Artistic David.prescott@theatreroyal.com 01752 230347 Alan Butler Front of House Alan.butler@theatreroyal.com Kyle Murray-Towers Workshop 01752 230565 Steve Knight Workshop 01752 230565 Sarah Field Box Office Sarah.field@theatreroyal.com 01752 230410 Last updated 09.14 7