Equal Opportunities at Work Policy Originator: Jane Doughty Review date: January 2015 Revision date: January 2017 Approved by: Personnel Committee Date of meeting: 17 July 2015 Name of Chairman: Marion Miles Approved by: Board of Trustees Date of meeting: 24 September 2015 Name of Chairman: Adrian Williams
Contents 1. Policy Statement...3 2. Introduction...3 2.1 Definitions...3 3. Responsibilities and Accountability...4 4. Procedures and Implementation...4 4.1 Equal Opportunities in Employment...4 4.2 Dignity at work...5 4.3 Patients, Families, Customers, Suppliers and Other People not employed by the organisation...5 4.4 Recruitment...5 4.5 Training...5 4.6 Part time and Fixed term working...6 4.7 Grievances...6 5. Related Policies / Guidelines...6 6. Monitoring and Review...6 7. Statutory Compliance and Evidence referenced...6 8. Appendices...6 Page 2 of 6:
1. Policy Statement St Nicholas Hospice Care is an independent charity delivering specialist palliative care to patients and their families within the communities of West Suffolk and Thetford. Care is delivered by a specially trained multidisciplinary team supported by a large team of volunteers to patients within our Sylvan Ward, Community Hospice Team, Orchard and Burton Centres. The organisation also includes an Education Department that delivers palliative care education to the local community, a Fundraising Department that manages a range of fundraising activities and a Retail Section with several shops in the local community staffed by paid staff and volunteers St Nicholas Hospice Care is committed to providing equal opportunities in employment, recognising the value and work of every individual and you and all job applicants will receive equal treatment, regardless of race, gender, gender reassignment, marital or civil partner status, sexual orientation, disability, religion or belief or age (Protected Characteristics). 2. Introduction The Hospice seeks to create and foster an environment of mutual respect and consideration in which individuals are recognised on merit and in which freedom of choice and personal responsibility can be exercised. These values are promoted among and expected of our staff, volunteers and those who use our services. St Nicholas Hospice Care will challenge discrimination and affirm equalities in all areas of the organisation and will ensure that no-one is disadvantaged by conditions or requirements that cannot be shown as justifiable in law. Equality of opportunity means that an individual s diversity is viewed positively and, in recognising that everyone is different, valuing equally the unique contribution that individual experience, knowledge and skills can make. The Hospice is committed to achieving the highest standards of service delivery and employment practice and a policy of equal opportunity in both service provision, recruitment and employment. It is essential that job applicants and existing employees and those who use the services of the Hospice are treated equally and fairly and that the Hospice continues to build a diverse and quality workforce that reflects the community we serve, as well as affirming the character of the community we comprise together 2.1 Definitions See appendix 1 for definitions of unlawful discrimination Page 3 of 6:
3. Responsibilities and Accountability 3.1 The Chief Executive Officer CEO has the responsibility for ensuring that a culture of equality and diversity is embedded in all the work, processes and procedures of Hospice life 3.2 The HR Director has the responsibility for overseeing the Equal Opportunities policy and the procedures involved in its delivery 3.3 It is the responsibility of all managers and department heads to ensure that employees, workers and volunteers comply with this Policy 3.4 Every employee is required to assist the organisation to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination 3.5 Employees can be held personally liable as well as, or instead of, the organisation for any act of unlawful discrimination. In some cases, acts of harassment can also amount to a criminal offence 3.6 Acts of discrimination, harassment, bullying or victimisation against employees or service users are serious disciplinary offences and will be dealt with under the organisation's disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice or payment in lieu of notice 3.7 The Personnel Sub - Committee of the Board of Trustees will review and approve policy updates and recommendations 3.8 This policy does not form part of any employee's contract of employment and we may amend it at any time. 4. Procedures and Implementation 4.1 Equal Opportunities in Employment 4.1.1 The organisation will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits and conditions of service, discipline and grievances, termination of employment (including but not limited to selection for redundancy) and in the provision of references. 4.1.2 Person and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. 4.1.3 The organisation will consider whether its standard working practices may indirectly discriminate against individuals with a particular protected characteristic, which cannot be justified. This could include, for example, considering the number of hours to be worked, the times at which these are to be worked, the place at which work is to be done, and when considering requests for variations to these or other standard working practices. The organisation will only refuse such requests where this is legally justified. The organisation will comply with its obligations in relation to statutory requests for contract variations. The organisation will also comply with its obligation to make reasonable adjustments for employees or workers who suffer from a disability. We encourage you to Page 4 of 6:
tell us about your condition so that we can consider what reasonable adjustments or support may be appropriate. 4.1.4 The organisation will monitor the protected characteristics of applicants for jobs (including internal applicants), and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process 4.2 Dignity at work 4.2.1 The organisation has a separate Dignity at Work policy concerning issues of bullying and harassment on any ground, and how complaints of this type will be dealt with. 4.3 Patients, Families, Customers, Suppliers and Other People not employed by the organisation 4.3.1 The organisation will not discriminate unlawfully against patients, families, customers using or seeking to use facilities or services provided by the organisation. 4.3.2 Employees should report any suspected bullying, harassment or other form of discrimination by customers, suppliers, visitors or others to their manager who will take appropriate action. 4.4 Recruitment 4.4.1 Recruitment, promotion and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination. Shortlisting should be done by more than one person if possible. 4.4.2 Vacancies should generally be advertised to a diverse section of the labour market. Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying. They should include a short policy statement on equal opportunities and a copy of this policy will be made available on request. 4.4.3 Job applicants should not be asked questions which might suggest an intention to discriminate on grounds of a Protected Characteristic. For example, applicants should not be asked whether they are pregnant or planning to have children. 4.4.4 Job applicants should not be asked about health or disability before a job offer is made, except in the very limited circumstances allowed by law: for example, to check that the applicant could perform an intrinsic part of the job (taking account of any reasonable adjustments), or to see if any adjustments might be needed at interview because of a disability. Where necessary, job offers can be made conditional on a satisfactory medical check. Health or disability questions may be included in equal opportunities monitoring forms, which must not be used for selection or decision-making purposes. 4.5 Training 4.5.1 The organisation will not discriminate unlawfully against patients, families, customers using or seeking to use facilities or services provided by the organisation. 4.5.2 The organisation will provide training in equal opportunities to managers and others likely to be involved in recruitment, promotion, discipline, the handling of grievances or other decision making processes where equal opportunities is relevant. Page 5 of 6:
4.5.3 The organisation will provide training to all existing and new employees and others engaged to work at the organisation to help them understand their rights and responsibilities under this and the Dignity at Work policy and what they can do to help create a working environment free of discrimination, bullying and harassment 4.6 Part-time and Fixed-term working 4.6.1 Part-time and fixed-term employees should be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate) unless different treatment is justified. 4.7 Grievances 4.7.1 If you consider that you may have been unlawfully discriminated against, you are encouraged to use the organisation's grievance procedure to make a complaint. If your complaint involves bullying or harassment, the grievance procedure is modified as set out in the Dignity at Work policy. 4.7.2 The organisation will take any complaint seriously and will seek to take further action in respect of any grievance that it upholds. You will not be penalised for raising a grievance, even if your grievance is not upheld, unless your complaint is untrue and made in bad faith. 5. Related Policies / Guidelines Family Friendly Policy Recruitment and Selection Policy Discipline Policy Grievance Policy Education & Development Policy Dignity at Work Policy 6. Monitoring and Review 6.1 This policy will be monitored every three years by the HR Director to judge its effectiveness and will be updated in accordance with changes in the law. In particular, the organisation will monitor the ethnic and gender composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, and will review its Equal Opportunities Policy in accordance with the results shown by the monitoring. If changes are required, the organisation will implement them. 6.2 Information provided by job applicants and employees for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection Act 1998. 7. Statutory Compliance and Evidence referenced The Equality Act 2010. 8. Appendices Appendix 1 Definitions of Unlawful Discrimination Page 6 of 6: