Including: Disability, Race, Age, Gender, Sexual Orientation,
Religion or Belief, Transgender, Maternity, Pregnancy, Marriage, and Civil Partnership
Policy Number | GP 3 | Next Review Date 16.08.2021 |
Version | 2 | Author A. Heath |
Date | 16.08.2020 | |
Purpose
Statement of Intent
JD Training Solutions Ltd is fully committed to the principle of equality and diversity in recruitment, employment, training, and assessment. We oppose all forms of unfair direct or indirect discrimination.
JD Training Solutions Ltd values the individuality of all learners and aims to give them every opportunity to achieve their potential. We positively welcome the diversity of personnel, learners, and partners in relation to disability, race, age, gender, sexual orientation, religion or belief, transgender, pregnancy, maternity and marriage and civil partnership.
Every learner will have their varied experiences and needs taken in account with high expectations for all. A broad and balanced curriculum will be offered.
JD Training Solutions Ltd will seek to remove any barriers to learning and participation. The principle of fairness, justice and equal access for all through education and training will be promoted through adaptation to meet individual learner needs.
Our fundamental principle is to ensure everyone works in an atmosphere free from harassment, intimidation and unlawful discrimination.
All people will be valued regardless of their economic circumstances, disability, race, age, gender, sexual orientation, religion or belief, transgender status, pregnancy, maternity, partnership or marital status.
In the wider context, we will provide the opportunity for all to access, within reason, facilities and resources of JD Training Solutions Ltd.
We will actively challenge personal prejudices and stereotypical views whenever they occur.
JD Training Solutions Ltd is committed to promoting equality and diversity for all people particularly those who will be:
- Seeking and using JD Training Solutions Ltd services
- Employees or prospective employees of JD Training Solutions Ltd, partner organisations that supply goods and services
- JD Training Solutions Ltd believes that the quality of services is enhanced when the makeup of the workforce reflects that of the population served. We will promote understanding and harmony between people.
- We will work with other parties and organisations to eliminate discrimination, harassment and attacks on any group or individual.
Our mission reflects the company’s ethos of equality and diversity and compliance with the Equality Act 2010.
JD Training Solutions Ltd will seek to ensure equality and diversity through:
- Forging positive partnership relationships who share our mission
- Ensuring that services will be equally accessible and relevant to the needs of different client groups; making reasonable adjustments where necessary.
- Raising awareness and monitoring appropriate recruitment, employment, development, promotion, redundancy or disciplinary practices and procedures that are embedded and upheld.
- Development of policies including consultation with groups affected.
- The training of all personnel responsible for JD Training Solutions Ltd delivery.
- Publicity for and access to services in relevant formats where necessary.
- Appropriate materials, teaching, learning, and documentation.
- Appropriate accurate, fair and reliable assessment in line with awarding body guidelines.
- Appropriate links within the community and other partnership arrangements.
- Set specific, measurable Equality objectives, which will be regularly monitored and developed.
The policy of JD Training Solutions Ltd is to combat any form of prejudice or discrimination and fulfil its statutory legal obligations under the 2010 Equality Act.
Which sets out the general, public and specific duties for the protection against direct and indirect discrimination and harassment of any person because of any personal protected characteristics, namely:
- Disability
- Race
- Age
- Gender
- Sexual Orientation
- Religion or Belief
- Transgender status
- Maternity
- Pregnancy
- Marriage and Civil Partnership.
Within the Act, compliance is required under the following aspects:
- Direct Discrimination Occurs when someone is treated less favourably than another person in relation to a protected characteristic.
- Indirect Discrimination Occurs where there is a rule, policy or practice that applies to all and may disadvantage someone with a protected characteristic (age, race, religion or belief, marriage and civil partnership, sexual orientation, disability, gender reassignment and sex).
- Associative Discrimination Occurs where a person may be directly discriminated against due to them being associated with a person with a protected characteristic (age, race, religion or belief, sexual orientation, disability, gender reassignment and sex).
- Perceptive Discrimination Occurs where a person is directly discriminated against as others believe they have a particular protected characteristic (age, race, religion or belief, sexual orientation, disability, gender reassignment and sex).
- Harassment - occurs where a person is subject to unwanted conduct in relation to a protected characteristic. Company employees are able to complain about behaviour they find offensive even if it is not directed at them (all protected characteristics are supported apart from pregnancy, maternity, marriage and civil partnerships).
- Harassment by a third party - employers are potentially liable for harassment of their personnel by a third party e.g. customers or clients) - Liability will only occur when harassment has occurred on at least two previous occasions; the employer is aware and has not taken reasonable steps to prevent it from happening again. Uncovered characteristics are marriage, civil partnerships, pregnancy and maternity.
- Victimisation - occurs where a person is treated badly because they have made/supported a complaint or grievance under the Equality Act or because they are suspected of doing so (all characteristics are protected. An employee is not protected if the complaint is malicious or untrue.
- Positive Action - allows you to act if you think employees or job applicants who share a particular protected characteristic suffer a disadvantage connected to the characteristic, or if their participation is disproportionately low. This is voluntary and a formal decision by directors would be made before evoking.
- Pre-employment Health Related Checks limits the circumstances when you can ask health related questions before you have offered the job. (You can ask if any reasonable adjustment will be required for the selection process and ask questions to decide whether the applicant can carry out a function essential to the job role, but not related for example to travelling to work etc.)
- Extension of Employment Tribunal Powers - Even if an employee has left a company prior to a tribunal, they can recommend changes within the organisation and the employer is required to comply.
- Equal Pay Direct Discrimination - the Equality Act retains the framework that was previously in place. This means that in most circumstances a challenge to pay inequality and other contractual terms and conditions still can be made by comparison with a real person of the opposite sex in the same employment. However, a change in the Equality Act allows a claim of direct pay discrimination be made, even if no real person comparator can be found. This means that a claimant who can show evidence that they would have received better remuneration from their employer if they were of a different sex may have a claim, even if there is no one of the opposite sex doing equal work in the organisation. This would be a claim under sex discrimination.
- Pay Secrecy - the Act makes it unlawful for you to prevent or restrict your employees from having a discussion to establish if differences in pay exist, that is related to protected characteristics. It also makes terms of the contract of employment that require pay secrecy unenforceable because of these discussions. An employer can require their employees to keep pay rates confidential from some people outside the workplace, for example a competitor organisation. www.acas.org.uk
The following key Acts/policy/procedure are to be noted in addition to the Equality Act 2010:
- 1997 The Protection against Harassment Act (and stalking regulations which came into force October 2012) - introduced new fines and sentences for harassment and makes harassment a criminal offence.
- www.legislation.gov.uk/ukpga/1997, www.gov.uk/government/publicat...
- 1998 Human Rights Act – applied directly to public authorities and incorporated the European Convention on Human Rights into UK law.
- http://www.equalityhumanrights... Strategy – part of the government’s CONTEST strategy to target the threat of terrorism and violent extremism.
- The programme is focussed on non-criminal activity and is intended to safeguard vulnerable people from being exploited by violent and extreme ideologies. We must ensure that all learners have freedom of speech; however, supporting them to act on this in a non-extremist way. Learners must be encouraged to respect others views/opinions/beliefs etc in special regard to those with protected characteristics detailed in the Equality Act 2010. See PREVENT Policy Guidance for more information.
JD Training Solutions Ltd will actively develop procedures which monitor the positive involvement of all it serves, funds and forms partnerships with to:
- Treat everyone equally and in line with current legislation, regardless of disability, race, age, gender, sexual orientation, religion or belief, transgender status, pregnancy, maternity, marital or partnership status or background e.g. ex- offenders (in line with legal requirements).
- Ensure that no employee, applicant for employment whether by a subcontractor, partner, learner or customer is disadvantaged by conditions or requirements, which cannot be shown to be relevant to the job.
- Oppose sexual harassment, defined as unwanted conduct of a sexual nature or other conduct based on sex, affecting the dignity of women and men at work or any other forms of harassment.
- Oppose harassment where individuals are subjected to a hostile working environment because of their age, disability, gender re-assignment, or transgender status, race, religion or belief, sex, sexual orientation, marriage, civil partnerships, pregnancy or maternity.
- Challenge any unacceptable behaviour which breaches the Equality and Diversity Policy. If necessary, evoke disciplinary procedures or legal action.
- Ensure that the resources, talents and skills of employees are fully utilised and are carried out in line with their contractual duties in line with their job description, which makes the importance of equality & diversity clear.
- Oppose any forms of harassment and bullying within the working environment.
- Recognise that people are all different. Respect and celebrate the individual for their contribution to the organisation or community. Plan to make reasonable adjustments to get the best out of every situation for each individual. Encourage all to reach their full potential.
Responsibility for the detailed implementation of this policy rests with the Managing Director of JD Training Solutions Ltd. The Managing Director has the responsibility to review the policy and impact assess its effect by consulting with others and recording the outcomes.
The Managing Director has overall responsibility to ensure that all persons covered under this document will be treated in line with this policy. All applications for work, where employment or subcontract arrangements will be considered regardless of religious belief, political opinion, disability, skin colour, age, gender, race, nationality, ethnic origin, national origin, marital or partnership status, sexual orientation, background, but purely on their ability to perform the role and responsibilities. A statistical record of all applicants’ diversity in relation to gender, age and ethnicity will be retained. Personal information of this nature will be required for monitoring purposes only and it is made clear to applicants that such information is not used in the selection process.
JD Training Solutions Ltd Quality Team will monitor the Equality and Diversity Policy implementation.
Learner Recruitment Monitoring
The Quality Team will be involved in the monitoring process and will review the statistical outcomes (where permitted) from the recruitment processes and any issues raised from the learner review processes.
Learner Feedback Questionnaires will also be used to monitor learner equality & diversity. This will be fed back to the Management Board and included in the self-assessment process. Any necessary actions identified will be included in the subsequent Quality Improvement Plan.
Monitoring of equality & diversity is also covered in auditing of learner reviews, which will also monitor any issues of equality being raised during reviews.
JDT will review this policy annually as part of our annual self-evaluation arrangements and revise it as and when necessary in response to staff feedback and changes in our practices.
In addition, we may update this policy in light of operational feedback to make sure our arrangements for compliance with Equality & Diversity remain effective.