Equal Opportunities is an integral part of our good management practice.
The achievement of effective equality of opportunity are three basic elements to achieve our success, these are:
- Clearly communicated policies and values
- Embed procedures that underpin the policies
- The commitment of the people in the organisation to make the procedures work and the policies a reality.
Overall Policy Statement
Training Works 4 U is committed to achieving equality for all. We value and welcome people from all backgrounds. We aim to enable them to make a full contribution to meeting our objectives and fulfil their own potential on merit.
Training Works 4 U comply with the Equality Act 2010 and Employment Statutory Code of Practice to ensure that all the protective characteristics are implemented throughout the organisation this includes:
- Gender reassignment
- Religion or belief
- Sexual orientation
- Marriage and civil partnership
- Pregnancy and maternity.
We will not tolerate harassment or other unfair discrimination on the grounds of gender, marital status, race, colour, nationality, ethnic origin, disability, age religion, sexual orientation or gender re-assignment.
Current legislation affecting Equal Opportunities includes:
- Race Relations Act 1976 and Amendment 2000 (RRA)
- Sex Discrimination Act 1975/1986 (SDA)
- Equal Pay Act 1970 (incorporated into the SDA) updated 2004 & 2014
- Disability Discrimination Act 1995 (DDA)
- Human Rights Act 1998 (HRA)
- Gender Re-assignment Regulations 1999
- Employment Equality (Religion or Belief) Regulations 2003
- The Employment Equality (Sexual Orientation) Regulations 2003.
There are others, including the Protection from Harassment Act 1997 and the Criminal Justice and Public Order Act 1994 (creating a new offence of “Intentional Harassment” that can be on the grounds of race, sex, disability, age and sexual orientation. It enables the police to deal more effectively with serious forms of deliberate harassment. Out of all equal opportunities legislation, this is the only one that carries a criminal charge that could result in a prison sentence of up to six months or a fine of £5,000.
Other legislation that relates to Equal Opportunities includes the Asylum and Immigration Act 2002 & 2006 and the Rehabilitation of Offenders Act/Offender Rehabilitation Act 2014.
This policy covers all this legislation and more. The Employment Equality (Religion or Belief) Regulations 2003 came into effect on 2nd December 2003 and the Employment Equality (Sexual Orientation) Regulations 2003 came into effect on 1st December 2003. Legislation on age is due in 2006.
All staff are aware of their statutory responsibilities, this is covered at induction and on-going at one-2-one meetings.
The Directors are responsible for Equal Opportunities they have responsibility for the application of the equality policy and procedures and promoting all aspects of Equal Opportunities.
As an employer, we seek to provide the opportunity for all employees to develop their individual talents and by this, encourage all members of staff to develop and grow within the company, and that job performance on merit alone will be used in employment and promotion related decisions. Training Works 4 U do not work with any other Sub-contractors.
Commitment to participants and customers.
Training Works 4 U has a firm commitment to ensuring that all Participants/customers are able to undertake their learning in an environment that promotes equality of opportunity. Relevant policy/procedures are explained to Participants/customers at the outset of their training during the induction process. Training Works 4 U will make all Participants/customers aware that they have a personal responsibility to create and maintain an environment in which the individual is respected and each employee/Participant/customer is accountable for their own behaviour. Training Works 4 U will work to ensure that equality of opportunity is considered in all activities, for example, in recruiting Participants/customers and supporting Participants, customers and employers in teaching and learning and development.
If we must specify a requirement that could disadvantage a particular group (for example a legal requirement around the age of Participants or health and safety issues and Participants with particular disabilities), we will include it in the Initial Advice and Guidance and explain why it is there. The justification will relate only to the specific requirements of the qualifications. All of our activities are fully accessible to disabled people.
Employees should treat everyone equally and without prejudice in all matters. Every employee or Participant/customer is responsible for behaving without discrimination towards others. This means they should treat everyone, whatever their background, with the same level of respect that they would expect from others.
Equal opportunities are part of our organisation’s formal grievance procedure and disciplinary policy.
Acts of discrimination and harassment are normally seen as serious offences under our disciplinary procedures. Such acts may result in dismissal, so employees and Participants must read the grievance and disciplinary offences policy to find out what this means and how they may be affected.
All managers and staff in our organisation have a responsibility to:
- Behave appropriately – in a way that models the behaviour expected of others
Participant and Customer Responsibilities
We will promote the concept of equality of opportunity through our values and will provide training and awareness sessions for all Employers, customers and Participants. We will ensure that:
- In recruitment and selection, Employers/Participants/customers will be assessed against relevant criteria only i.e. ability, experience, qualifications and skills.
- Training Works 4 U will only work with legal citizens and aliens
- Training Works 4 U does not discriminate based on national origin or citizenship in our employment and training practice.
- Training Works 4 U will caution prospective Employers/Participants/customers that falsification, omissions and misrepresentations upon application are grounds for termination and will report to the appropriate agency
- All Participants have equal chances of training, career development and promotion.
- Employers and Participants/customers are made aware at induction stage of the arrangements for equality and diversity, this includes a detailed discussion when completing the Participant individual learning plan/TNA.
- Employers and Participants take part in the quarterly update that includes discussion and understanding of equal opportunities and health and safety, training can be offered by TW4U if required.
- TW4U resources will cover appropriate legislation across a range of qualifications.
- We will encourage all parties to seek information on legislation/laws.
On the next few pages there are some details about the different types of discrimination and what they mean. All staff must read through these.
Recruitment and Selection
The recruitment and selection process is crucially important to any equality, inclusion and diversity policy. We will endeavour through appropriate training to ensure that employees making selection and recruitment decisions will not discriminate, whether consciously or unconsciously in making these decisions.
- Promotion and advancement will be made on merit and all decisions relating to this will be made within the overall framework and principles of this policy.
- Job descriptions, where used, will be revised to ensure that they are in line with this policy. Job requirements will be reflected accurately in any personnel specifications.
- We will adopt a consistent, non-discriminatory approach to the advertising of vacancies.
- We will not confine our recruitment to areas or media sources which provide only, or mainly, applicants of a particular group.
- All applicants who apply for jobs with us will receive fair treatment and will be considered solely on their ability to do the job.
- All employees involved in the recruitment process will periodically review their selection criteria to ensure that they are related to the job requirements and do not unlawfully discriminate.
- Short listing and interviewing will be carried out by more than one person where possible.
- Interview questions will be related to the requirements of the job and will not be of a discriminatory nature.
- We will not disqualify any applicant because he/she is unable to complete an application form unassisted unless personal completion of the form is a valid test of the standard of English required for the safe and effective performance of the job.
- Selection decisions will not be influenced by any perceived prejudices of other staff.
Stereotypes, Prejudice and Discrimination
Throughout our lives we build up images of people that allow us to sort them into groups. These are very important to us and enable us to assess somebody based on what we see and hear. We attach “traits” to these groups and use them to pre-judge situations. They can be a problem if we are not prepared to adjust this “stereotype” when we have new information that conflicts with our pre-determined view. They lead to prejudice.
This is when we pre-judge someone or something based on a stereotype. We are all prejudiced in one way or another – most of the time our prejudices are harmless, some are not. What we need to do is understand and manage our prejudices.
This means to make choices based on our personal values and attitudes – our prejudices. A person may, for example discriminate (be prejudiced for or against) between McDonalds and Pizza Hut – they choose one or the other out of preference. It becomes a problem when we apply our prejudices inappropriately to choose between one person or another because we assume that one or the other will behave in a certain way based on our stereotype – even if the evidence suggests this is not so. This means ensuring when recruiting we do not discriminate recruit candidates from any ethnic minority to front-line roles after finding out some ethnic minorities are disproportionately impacted by coronavirus (COVID-19).
The Sex Discrimination Act makes it unlawful to discriminate against any person on the grounds of their gender, or marital status.
The Race Relations Act makes it unlawful to discriminate on the grounds of race, colour, nationality or ethnic origin.
Under both these Acts use the following terms:
When a person is or would be treated less favourably than another in the same, or not materially different circumstances, because of their gender marital status or race, whether expressed or implied.
When an unjustifiable condition applied to a job has the effect of excluding a particular group on the grounds of gender, marital status or race.
Where a person is victimised for doing/intending to do (or being suspected of doing or intending to do) any of the following:
- Giving evidence in a case
- Making allegations – this is not victimisation however, if the allegation was false or not made in good faith.
In relation to the provisions for pregnancy or childbirth it is not unlawful to give different treatment to men and women. This is covered by maternity and parental rights legislation.
It may be permissible to discriminate on the grounds of sex or race where this is seen as a Genuine Occupational Qualification (GOQ). A GOQ is not automatic, the employer must be able to show that the criteria apply to the job in question.
Sex is a GOQ for a job on the grounds of:
- Physiology – where authentic male or female characteristics are required – e.g. models, actors, but not physical strength or stamina
- Privacy or decency
- Where it would not be possible to provide separate sleeping or toilet arrangements
- Some single sex establishments
- Provision of some personal services promoting welfare and education
- Where the job is in a country where the laws and customs prevent one sex from doing the job effectively
- Where the job is one of two held by a married couple
Race is a GOQ for a job on the grounds of:
- Where authenticity is required (e.g. actors, restaurants)
- Authenticity is required for an artists or photographers’ model
- Where personal services can most effectively be provided by someone of the same race
People with Disabilities
The DDA defines disability as a physical or mental impairment, which has a substantial and long-term effect on a person’s ability to carry out normal day-to-day activities.
Job applicants to this organisation will be assessed on their ability. Where a candidate with a disability is considered the best applicant, advice and help will be sought and/or provided so that person can work for us. We will also support employees who become disabled and will try to retain their skills and experience.
In employment, the DDA makes it unlawful to discriminate against a disabled person in relation to recruitment, terms and conditions of employment, opportunities for promotion, training, or other benefits, dismissal, or by subjecting him or her to any other detriment.
An employer discriminates against a disabled person if:
- For a reason which relates to the persons disability, they are treated less favourably than others that do not have the disability, and
- The employer cannot show that the treatment is justified.
Employers have a duty to make “reasonable adjustments” to working conditions, practices or the physical conditions of employment where these would otherwise place a disabled person at a “substantial disadvantage”. A failure to make a reasonable adjustment would be regarded as less favourable treatment on the grounds of disability.
There is no separate concept of indirect discrimination – only direct discrimination is prohibited by the Act.
Applies to employers with 15 or more employees
In addition to the employment provision, the Act gives people with disabilities a statutory right to access to goods and services. This prohibits discriminatory behaviour and requires positive action to overcome the physical and communication barriers that impede a disabled person’s access. For example, it is illegal to refuse to serve someone with a disability.
Chapter 1 Justification (Permissible Discrimination)
Employers may show less favourable treatment of someone with a disability if they can show:
- That there are material and substantial reasons why the person could not do the job e.g. the person’s disability might put them or others at risk of injury
- The cost of adjustments to work practices or premises cannot be justified
- The disabled person only experiences a minor disadvantage
- The employer did not know of the disability
Maternity/Pregnancy and parental Rights
If they have one year’s continuous employment, women have the right to:
- Paid time for ante-natal care
- Ordinary maternity leave for 26 weeks
- Additional maternity leaves up to 26 weeks (with accrued holidays)
- Not suffer unfair treatment as a result of pregnancy/maternity
- Statutory Maternity Pay
- Compulsory maternity leave after the birth of the baby
- The right to return to the same job under the same terms and conditions
- Parental leave (includes adoptions) if they have completed one year’s continuous employment
New parents (including adoptions and same sex couples) have the right to 2 weeks paid leave if they have completed one year’s continuous employment. This leave must be taken in one or two blocks, it can’t start before child is born and must be complete by 56th day after birth. They also have:
· The right to return to the same job
- The right not to suffer unfair treatment on grounds related to paternity leave
- The right to paternity pay at standard rate
Harassment and Bullying
Harassment is unacceptable behaviour that is unreasonable and unwelcome and which causes offence or makes the person feel uncomfortable. It may involve behaviour that is persistent.
Although harassment may involve the abuse of power or bullying, it can also appear in far more subtle ways. It may be unintentional on the part of the harasser or result from a misunderstanding of normal social rules.
Sexual harassment is conduct of a sexual nature that is unwanted, uninvited and one-sided. It can take the form of:
- Unwanted physical contact ranging from unnecessary touching to physical assault
- Unwelcome sexual advances, particularly if persistent
- Pressure for sexual activity using coercion or favours
- Suggestive remarks or behaviour, or the use of innuendo
- Display of pornographic or sexually explicit material
- Abusive or offensive remarks
Racial harassment is offensive behaviour based on ethnic origin. It can take the form of:
- Threatening behaviour or physical assault
- Racial abuse
- Racially explicit derogatory statements or offensive jokes
- Display of racially offensive material
- Ridicule of a person for cultural/religious differences
- Isolation or exclusion by colleagues at work or at work-based activities out of working hours
- Any form of oral, written or physical abuse that is on the grounds of an individual’s race.
Harassment and the Law
There is no reference to Harassment in either the Race Relations Act or the Sex Discrimination Act. However, case law suggests that sexual and racial harassment can be interpreted as a form of discrimination. Furthermore, the RRA (Amendment 2000) considers issues related to institutional racism.
The Criminal Justice and Public Order Act and the Protection from Harassment Act also give people legal redress from harassment.
Bullying is the misuse of power and or position to intimidate someone in a way that leaves them feeling hurt, angry and impotent. It is totally unacceptable in the workplace. It often comes under other names such as:
- “My (poor) management style”
- “A personality clash”
- Autocratic management
- Working in an “idiosyncratic” of “funny” way
Typical bullying behaviour includes:
- Shouting at people in public or private
- Instant “rages” often over trivial issues
- Personal insults and name calling
- Persistent criticism
- Public humiliation
- Blocking promotion
- Removing responsibility
- Inflicting menial tasks
- Turning down holiday requests for no obvious reason
Reporting Bullying or Harassment to Training Works 4 U
In cases where an individual feel that they are being bullied or harassed Training Works 4 U take this very seriously and have a stringent reporting procedure in place.
The individual would report their concerns and accusations to the Directors of the business.
Once this has been formally disclosed the Directors will carry out a full investigation into the accusations ensuring that all parties are interviewed fully, and the Disciplinary procedure and policy is followed.
The responsibility for the investigation and the reporting measures are the Directors of the business.
STANDARDS OF BEHAVIOUR
These standards set out the rights and responsibilities of people working in our organisation. We have a responsibility to apply the same standards to our relationships with customers and other organisations with which we do business.
|People have the right to expect:||People have the responsibility to:|
|Be treated fairly and with respect and courtesy by all their colleagues||Treat all colleagues fairly and with respect, listening to what others say and taking action if they are made aware of unacceptable behaviour|
|Their skills to be put to good use and developed||Make a strong contribution through their job and keep developing your competencies|
|Their contributions and achievements to be recognised||Give credit and praise to others for their contributions and achievements|
|With appropriate support, to be given full responsibility for the work they do, with any mistakes treated fairly and as opportunities for learning||Accept responsibility for the work they do, including any mistakes, and to learn from experience|
|That communications will be open, honest, clear and prompt||Contribute to team and wider discussions and deal openly and honestly with colleagues|
|A creative and friendly working environment in which their views will be sought and valued||Help develop a positive environment by valuing other people’s views and creativity|
|That their life and commitments beyond work will be respected||Respect colleagues’ commitments beyond work|
REHABILITATION OF OFFENDERS
An offender who has become a rehabilitated person in respect of a spent conviction is to be treated as a person who has not committed, or who has not been charged with, or been convicted of, or sentenced to any offence. When the rehabilitation period has been completed, the person is not required to disclose any information relating to the previous convictions. Application forms and other forms requiring information regarding previous convictions should ensure they are worded to recognise the fact that spent convictions do not have to be disclosed. It is an offence to dismiss a person for not disclosing information related to spent convictions. The following table is a brief description of the rehabilitation of offenders and the period of time before the conviction is spent.
|Sentence or disposal||Rehabilitation period if aged 18 or over when convicted or disposal administered||Rehabilitation period if aged under 18 when convicted or disposal administered|
|• Sentence of imprisonment for life|
• Sentence of imprisonment, youth custody, detention in a young offender institution or corrective training of over four years
• Sentence of preventive detention
• Sentence of detention at Her Majesty’s Pleasure
• Sentence of custody for life
• Public protection sentences* (imprisonment for public protection, detention for public protection, extended sentences of imprisonment or detention for public protection and extended determinate sentences for dangerous offenders)
*A public protection sentence (the provisions for which are set out in Part 12 of the Criminal Justice Act 2003 and Part 8 of the Armed Forces Act 2006 means a sentence of imprisonment or detention, as detailed above, imposed for specified sexual and violent offences.
|These sentences are excluded from rehabilitation and so will always be disclosed||These sentences are excluded from rehabilitation and so will always be disclosed|
|A custodial sentence of over 2 years 6 months but not exceeding 4 years||7 years from the date on which the sentence (including any licence period) is completed||3 years 6 months from the date on which the sentence (including any licence period) is completed|
|A custodial sentence of over 6 months but not exceeding 2 years 6 months*||4 years from the date on which the sentence (including any licence period) is completed||2 years from the date on which the sentence (including any licence period) is completed|
|A custodial sentence of up to 6 months*||2 years from the date on which the sentence (including any licence period) is completed||1 year 6 months from the date on which the sentence (including any licence period) is completed|
|A sentence of service detention||1 year from the date on which the sentence was completed||6 months from the date on which the sentence was completed|
|Dismissal from Her Majesty’s Service||1 year from the date of conviction||6 months from the date of conviction|
|Fine||1 year from the date of the conviction in respect of which the fine was imposed||6 months from the date of the conviction in respect of which the fine was imposed|
As defined by Education Funding Agency and Skills Funding Agency funding guidance, additional learning support is, ‘any activity that provides support for learning to individual Participants, over and above that which is normally provided in a standard learning programme which leads to their learning goal. The additional learning support is required to help Participants gain access to, progress towards and successfully achieve their learning goals. The need for additional support may arise from a learning difficulty or disability, or from literacy, numeracy or language support requirements.’
- Additional Support is acknowledged as an entitlement to be provided where possible for all Participants with a learning difficulty and/or disability, where the adjustments are deemed reasonable, in line with The Equality Act 2010, Child Protection Legislation, Safeguarding and the Data Protection Act and the College’s assessment process.
Through this policy statement TW4U will:
- facilitate access to a wide range of lifelong learning opportunities, promote values and diversity, oppose discriminatory practices and provide a personalised educational experience which is supported by staff who are knowledgeable and value individual learning needs
- ensure that the systems and procedures in additional learning support meet the needs of Participants and that Participants are able to fully engage with the service
- improve the positive outcomes for Participants in relation to their studies, onward progression and independence
- ensure that the deployment of additional learning support resources are appropriate, guided by assessment/interview
- Additional Learning Support will be effectively deployed and ensure that Participants are encouraged to be independent and that learning standards are maintained and that the support facilitates the removal of barriers to learning and that Participants undertake their learning as independently as possible. This will be achieved through a process of monitoring and review.
The term Additional Learning Support refers to the following:
- the adjustments made by staff to ensure that Participants with additional support needs are fully included and able to take full advantage of the learning experience on offer (this may include providing copies of handouts before lessons and ensuring they are formatted in line with the individual needs)
- assistive and adaptive technology
- the adapting of materials into a variety of formats, e.g. enlarged text, Plain English or Braille
- the reduction of group sizes for Participants with learning difficulties
- the intervention of a Counselling service where this is required to enable Participants to engage with their studies
- access arrangements in examinations (the provision of extra time, scribe, reader etc)
- specialist teaching support for Participants with specific learning difficulties, language, literacy and/or numeracy needs as identified through initial and diagnostic assessments.
Appropriate information will be disseminated to the Skills Development Team to ensure that Participant/learning needs can be adequately met within a programme, in line with the Participant’s self-disclosure.
All activities will take place in line with the current Equality and Diversity Policy, Health and Safety and other policies with reference to The Equality Act.
All additional learning support will meet the requirements of the Education Funding Agency, the Combined Authority the Skills Funding Agency, Local Authority for high needs Block, other funding bodies and internal and external audit compliance requirements.
Appropriate levels of additional learning support will be provided or external support or signposting will be gained where a Participant’s mental health needs are associated with a learning difficulty and/or disability.
Ensure relevant staff are advised of additional learning support and/or other adjustments required to enable Participants to undertake the course and achieve their potential.
Confidentiality and Disclosure
In line with The Equality Act 2010, prospective and existing Participants will be given opportunities and encouraged to disclose the existence and/or nature of a disability and/or learning difficulty/impairment on the following occasions:
- On initial contact
- On application
- During IAG conversations
- During enrolment
- During learning
- During additional support interviews / assessment.
Participants have the right to confidentiality and information about a Participant’s disability cannot be processed without the Participant’s explicit consent. Participants should be made aware that this request may impact on adjustments that can be made.
It is recognised that once a Participant has disclosed a disability and the Participant is happy for the information to be shared, the information will be shared with relevant staff on a need to know basis only.
Participants who disclose and are identified with an Additional Support need will have the opportunity to decline any offer of support. However, in such cases if this constitutes a health and safety risk to TW4U, other Participants or staff, we may deem that it is in the Participant’s best interest to take up the support on such grounds. This may affect any decisions relating to the Participants continued course of study. If support is declined, Participants will have the opportunity to re-apply for support in the future.
All staff have a responsibility under The Equality Act 2010 to ensure that all learning takes account of individual differences. This involves making reasonable adjustments to teaching and learning materials, respecting confidentiality, promoting and fostering inclusion and proactively engaging with discriminatory conduct by others.
All staff have the joint responsibility to communicate and provide for the Participants’ support needs in line with any support plans.
|Published Date||June 2012|
|Latest Review Date||January 2023|
|Due Date of Next Review||January 2024|
|Author/Person Responsible||S Houghton/F Butler|