S.T.E.E.R MENTAL HEALTH ORGANISATION

Equal Opportunities Policy
 
Policy Statement

S.T.E.E.R. welcomes the legislation which aims to overcome direct and indirect discrimination experienced both by individuals and groups of people. The society is particularly involved in multi-cultural and multi faith interests. We are therefor committed to taking affirmative action within the law and as the law encourages, to ensure equality of opportunity and treatment in so far as it lies within our power.

Equal Opportunities Legislation

The four main statutes concerned with equal opportunities are :

  • The Sex Discrimination Act (SDA) 1975 (as amended by the SDA 1986, and the Employment Protection Act, 1989
  • The Race Relations Act 1976
  • The Disability Discrimination Act 1995
  • The Equal Pay Act 1970

The first two pieces of legislation are supported by supervisory bodies: -

The Equal Opportunities Commission (EOC) and the Commission for Racial Equality (CRE).

The National Disability Council advises the government in relation to implementing the DDA but has no powers of enforcement. A fuller descriptions of the Equal Opportunities legislation is given in the Appendix to this policy.

1. Aims of policy

In confirming its commitment to eliminate all discrimination in the areas of recruitment, selection, training, appraisal, consideration for promotion, and treatment at work for those who are in employment with the society, either in paid or voluntary capacity, the society aims to ensure that:

1.1 No job applicant or employee or volunteer receives less favourable treatment on the grounds of gender, disability, marital status, sexual orientation, colour, mational or ethnic origin, age, trade union membership, ordained status, or responsibility for dependants.

1.2 No job applicant is disadvantaged by conditions or requirements which cannot be shown to be justifiable.

1.3 As far as the law allows, affirmative action is taken to promote equality of opportunity.

1.4 All policies, procedures and practices are regularly monitored and updated to comply with current legislation and codes of practice.

The society is represented by the secretaries group(SG) who have responsibility for the day-to-day management of the society's affairs. The SG may delegate to any member of the society's staff such tasks required for the proper working of this policy, but the SG itself is responsible for the society's implementation of the policy.

2. To whom does the policy apply ?

All members of the society's staff, the governers, council members, members of advisory groups, co-workers and volunteers are required to abide by this policy.

3. Recruitment

The intention of the recruitment procedure is to ensure the most appropriate response to any employment vacancy in the society. The society will consider, seek, and use the most effective ways of bringing job vacancies to the attention of persons who may be disadvantaged on the grounds mentioned in 1.1. above (for example, by advertising so as to reach all sections of the community, notifying particular job centres, informing particular church networks.

In preparing job descriptions, job specifications and person specifications, the society will take care to ensure that no requirement or condition will disadvantage any member of a particular group, either directly or indirectly. The job specification should schedule only those factors which are clearly necessary if the job is to be done satisfactorily. The emphasis should be on minimum satisfactory standards.

Where the job involves considerable contact with the public, the equal opportunities Dimension of service should be included in the job specification.

All advertisements should indicate that the society is "working towards being an equal opportunities employer". The society will normally advertise a vacancy internally and externally simultaneously regardless of grade. Information about the vacancy will normally reach staff before it reaches media.

The society undertakes to interview all internal candidates alongside external candidates, with the provision that an exception is made in the case of anyone who does not meet the criteria. Panels for support staff interviews may be limited to three. Certain posts in the society will require the job holder to be a communicant member of the anglican church. Care will be taken in the recruitment and selection process to ensure that this requirement, and the reason for it, are notified at all stages.

4. Selection (short-listing and interview)

The short-listing panel should comprise a minimum of two members of staff, including The secretary for staffing, and where possible, members should also be on the interviewing panel.

The only criteria for short listing should be those included in the job specification. Written records should be kept of the reasons for rejection and for those being called for Interview.

All factors in the job specification must be capable of assessment through whatever selection procedure is followed (i.e. tests, interviews). For example,there would be no point in stating that applicants must be "flexible and creative" unless the selection process provides a reasonably objective method of assessing such qualities.

Written records must be kept of each candidte's interview. These records should indicate reasons for/against selection of a particular individual and will form part of the monitoring records.

5. Access to Training and Career Development

The society recognises the importance of training and development in sustaining an effective equal opportunities policy.

Access to training and development will not be restricted in such way as to be either directly discriminatory, or be on the basis of criteria which cannot be shown to be justified by job requirements.

Where members of a group who may be disadvantaged on the grounds described in 1.1 above have been under-represented in particular jobs or grades, training should be provided to enable them to apply for such posts. Application for such posts will be positively encouraged from members of the under-represented group.

Training in equal opportunities will include racial and gender awareness, anti-racism and anti-sexism, and will be provided to increase the awareness of legislation, the society's policy, and the employees role in implementing the policy. Training will also be provided to ensure that the equal opportunities policy is promoted in recruitment, selection,appraisal, promotion, access to training, and in dealing with the public.

Resources will be made available especially for those involved regularly in recruitment, Selection, training,and for those directly in contact with the public in the context of their Work.

As part of the induction process, new employees will have their attention drawn to he policy and its implications for their post.

Records of training decisions will be kept by the staffing office and selection criteria for Training will be in line with this policy.

6. Monitoring

In accordance with the commission for racial equality (CRE) code of practice, the Equal opportunities Commission (EOC) code of practice, and good practice concerning the employment of disabled people monitoring will be undertaken as follows.

6.1 Every applicant will be requested to complete an equal opportunities monitoring form which will be used solely for the purpose of producing statistics relating to gender, age, ethnic origin, marital status and disability (if any). The information relating to any individual shall not be disclosed to any person other than persons designated to keep such records.

6.2 Examination by ethnic origin, age. Disability, gender and marital status, in order to show the distribution of employees and the success rate of applicants according to job grade and team or department. The monitoring analyses should show whether certain groups are under or ove represented in certain areas of the workforce, training course attendance, etc. and can be used to improve the society's recruitment, selection and development processes.

7. Victimisation

It is unlawful under the Sex Discrimination Act and Race Relations Act to effect or allow unfavourable treatment of an employee or volunteer because they have exerted their rights under the law or have assisted someone else to do so. HARASSMENT The society id determined that no member of staff, member of council, governors, advisory groups, co-worker or volunteer should suffer any form of sexual or racial discrimination or harrassment. Any such discrimination or harrassment which is established after proper investigation will be regarded as gross misconduct for the purposes of disciplinary procedures. Any such complaint on these grounds may be made in the first instance to the colleagues immediate manager, or, where this is not practicable, to the secretary for staffing. Complaints will then be taken through a "fast-track" process of the grievance procedure in which members of secretaries group / governors will be responsible for resolving the matter promptly.

8. Implementation and Consultation

The effectiveness of an equal opportunities policy is dependant on the support and co-operation of all concerned parties. It is therefor important that full discussion and consultation on this policy, its contents, and implementation, take place at the outset and regular intervals.

All staff members, governors, council members, advisory group member, co-workers and volunteers are required to give effect to this policy.

The secretary for staffing has been given delegated responsibility for the day to day working of this policy and for monitoring its effectiveness, while the secretaries group is responsible for its implementation.

A copy of this policy will be given to each member of staff, to new staff on joining, to governors, council members, advisory group members and co-workers and volunteers.

Within the society's financial constraints, adequate resources will be found to provide training for all those immediately responsible for the outworking of this policy in accordance with the above paragraphs.

As part of the monitoring process and before making any changes to this policy, the society will consult with staff through the staff representative committee.

Equal Opportunities Legislation

Equal Pay Act:

The Equal Pay Act 1970, states that it is unlawful for an employer to offer different terms and conditions where male and female employees are engaged in like or similar work. The legal exception is where the variation is genuinely due to a factor other than gender, e.g, a geographical allowance.

Sex Discrimination Act

The act states that there are two types of sex discrimination: direct and indirect.

  • · Direct discrimination is where an employee is treated less favourably than Another in similar relevant circumstances on the grounds of their gender, and the treatment resulted in dismissal denial of opportunities within or for employment, or any other detriment.
  • · Indirect discrimination is where a condition or requirement is applied equally to both male and female employees but:

(a) In practice the proportion of one gender who can comply is considerably smaller then the other, and

(b) an employee is unable to comply because of their gender; and

(c) an employee suffers because they cannot comply; and

(d) the employer cannot show the condition or requirement to be objectively justifiable.

An example of indirect discrimination might be if an employer applied for redundancy policy by selecting only part-time workers. This is because such action would discriminate disproportionately against women, as over 80% of part-time workers in the UK are women.

Legal Exception

  • Where being a man or a woman is a 'genuine occupational qualification' for a job, for example for reasons of decency or privacy such as a female care assistant at a women's refuge or for reasons of authenticity such as an actor.
  • Positive action provides training to a particular gender who are under represented in a particular job. However, the selection of potential employees should still always be made on merit.
  • Charities are exempt if they make charitable provision which confers benefit on person of one gender only.

Racial Discrimination

The legislation regarding racial discrimination is set out in the Race relations Act 1976. The Department for Education and Employment is responsible for the Act as it affects employment and promotes equality through its Race Relations Employment Advisory Service. The commission for Racial Equality was also set up under the act and operates as an independent advisory body to organisations. It was issued a Code of Practice designed to show employers how best to implement policies to combat racial discrimination and establish equal opportunities.

The Race Relations Act 1976 states that there are two types of racial discrimination direct and indirect.

  • · Direct discrimination occurs when an employee is treated less favourably than another in similar relevant circumstances on the grounds of their colour, nationality, ethnic or national origins or because of these attributes in someone to whom they are related or with whom they have a relationship. Also that the treatment resulted in dismissal, denial of opportunities within or for employment, or any other detriment. ·
  • Indirect discrimination occurs when a condition or requirement is applied equally to employees of different racial groups but its effect is discriminatory against a particular racial group because:

    (a) the proportion of employees in the disadvantage racial group who can comply is considerably smaller than the proportion of employees in other racial groups and

    (b) an employees suffers because s/he cannot comply; and

    (c) the employer cannot show the condition or requirement to be objectively justifiable irrespective of colour, race, nationality, ethnic or national origin of the employees to who it is applied.

Legal Exceptions

  • · Where being a member of a particular racial group is a 'genuine occupational qualification', for example where an employee is required to give personal welfare advice to a particular racial group and such a service may be most effectively be provided by someone from the same racial group.
  • · Affirmative action providing training to enable members of a particular racial group who are under-represented in a particular job to compete more effectively.
  • · Actions taken under statutory authority.

Disability Discrimination Act 1995 (DDA)

The act makes it unlawful unjustifiably to discriminate against an individual with disability on the grounds of his/her disability in relation to recruitment, promotion, training, benefits, terms and conditions of employment and dismissal.

At present the act applies to employers with 20 or more employees. The societies in partnership house have included the world of mission association for the purposes of implementing the act.

Under the DDA the government defines disability as a physical or mental impairment which has a substancial and long term adverse effect on a persons ability to carry out normal day to day activities. Impairment covers physical and mobility difficulties, sensory impairment, learning difficulties and mental health needs.

The act aims to cover many different needs but the full implications are yet to be discovered.

Those who are employed mainly or wholy outside the UK are not covered by this act.

An employer can discriminate against a disabled person in two ways.

1. An employer discriminates against a disabled person if, for a reason which relates to the disabled person's disability, the employer treats that person less favourably than s/he treats or would treat others who do not have a disability and the employer cannot show that the treatment is justified.

2. An employer discriminated against a disabled person if the employer fails to make a reasonable adjustment in relation to the disabled person and the employer cannot show that the treatment is justified.

Victimisation

Victimisation is unlawful in relation to the Equal Pay Act, Sex Discrimination Act and Race Relations Act and the Disability Discrimination Act. This means that a person may Not be treated less favourably than other persons because s/he has taken action relating to the acts e.g. has brought proceedings or has given evidence in a case.

Positive Action

The legislation allows employers to take affirmative action where in the previous 12 Months no members of one particular group were doing particular jobs, or where their number was comparatively small. This can include training employees for work which is traditionally the preserve of the other sex or rather racial groups. It can include advertisements which encourage applications from the minority sex or which are designed to reach particular racial groups e.g. by being placed in ethnic newspapers. However, selection must be made on their merit.

Supervisory Bodies

The Equal Opportunities Commission (EOC) was set up under the Sex Discrimination Act the Commission for racial equality (CRE) was set up under the Race Relations Act and the National Disability Council was set up under the Disability Discrimination Act. All organisations are responsible for working the elimination of discrimination, for promoting equal opportunities, and for reviewing the working of the respective legislation. They have powers to assist individuals to institute legal proceedings and also to conduct formal investigations of discrimination and to publicise the findings.

Codes of Practice

The CRE has issued a Code of Practice which came into effect in April 1984 and gives practical guidance to employers on how to interpret the Race relations Act and to implement effectively their equal opportunities policies. Similarly the EOC has issued a code of practice in relation to the sex Discrimination Act which came into effect on 30 April 1985. Whilst such codes do not impose any legal obligations, they will be admissible in evidence in proceedings taken under either act, and if any provision of such codes appear to a tribunal to be taken into account in determining that question.

The code of Good Practice on the Employment of Disabled People was issued by the Manpower services commission in november 1984. It brings together details of good practices already implemented by leading employers, sets out objectives for which employees should aim and describes the assistance available to help them achieve such objectives.