Equal Opportunities and Harassment Policy
General Statement
Unified Solution is committed to provide equal
opportunities in employment. This means that all job
applicants and employees receive equal treatment regardless of
gender, sexual orientation, marital status, race, colour,
nationality, religion, ethnic or national origins, age or
disability. It is good business sense for Unified Solutions to
ensure that its most important resource, its staff, is used in a
fair and effective way.
Legislation
It is unlawful to discriminate against
individuals either directly or indirectly in respect of their
religion, race, sex, age or disability.
The Acts relevant to this legislation are:
- The Race Relations Act 1976
- Race Relations (Amendment) Act 2000
- Sex Discrimination Act 1975,
- Sex Discrimination (Gender Reassignment) Act
Regulations 1999
- Disability Discrimination Act 1995
- Age Discrimination 2006
- Employment Equality (Religion or Belief) Regulations
2003
- Equal Pay Act 1970
Forms of Discrimination
The following are examples of the kinds of
discrimination that are against Unified Solutions policy:
a)
Direct discrimination, where a person is less favourably treated
because of gender, gender reassignment, sexual orientation, race,
age, religious beliefs or disability. An example is if
someone is refused promotion on the grounds that he or she is
black, disabled or she is a woman.
b)
Indirect discrimination, where a requirement or condition, which
cannot be justified, is applied equally to all groups but has a
disproportionately adverse effect on one particular group. An
example is the restricting of recruitment to areas where there are
few ethnic minorities, or a requirement which is non-essential to
the job description which may exclude a disabled person (such as
the requirement for a driving licence for a job which is mainly
office based).
c)
Victimisation, where someone is treated less favourably than others
because he or she has taken action against Unified Solutions under
one of the relevant Acts or he/she has made a complaint of
discrimination on the basis of Sexual Orientation.
Recruitment
Unified Solutions will take steps to ensure
that applications are attracted from both sexes, all races, ages
and from disabled people, and will ensure that there are equal
opportunities in all stages of the recruitment
process. Job advertisements may contain a
brief statement that Unified Solutions is an equal opportunities
employer, and any publicity relating to Unified Solutions and
employment with it will make reference where relevant to the equal
opportunities policy. Where appropriate, staff responsible for
recruitment will receive training in equal opportunities, and
guidance will be available to all staff.
Promotion
Promotion within Unified Solutions is based
solely on merit, and without regard to race, age, gender, sexual
orientation, religious belief, marital status or disability.
Monitoring and Review
This policy will be monitored by Unified
Solutions to judge its effectiveness. In particular, Unified
Solutions will monitor the age, ethnic and sexual composition of
its staff, and of applicants for jobs and the number of disabled
people within these groups, and will review its equal opportunities
policy in accordance with the results shown by the
monitoring. If changes are required, Unified Solutions will
implement them.
Disciplinary and Grievance Procedures
Unified Solutions will treat seriously and
take appropriate action when any employee has a grievance as a
result of discrimination or harassment on sexual or racial grounds
or on grounds of disability, marital status, age or religious
beliefs.
Harassment at Work Policy
Introduction.
Employee behaviour or conduct that involves
the harassment of any fellow employee is unacceptable and will not
be tolerated. Harassment consists of unwelcome and offensive
conduct, whether verbal, physical or visual which is based upon a
person’s sex (including their sexual orientation or marital
status), race (including colour, religion, nationality or ethnic or
national origin), age or disability.
Intimidation and harassment can interfere with
an individuals work performance and create a hostile work
environment. Unified Solutions recognises the problems that
harassment can have upon health, confidence and morale.
Harassment on any of the grounds covered by this policy is a
disciplinary offence and, depending upon the seriousness of the
incident, may lead to summary dismissal. In more serious
cases, sexual, racial or disability harassment may constitute a
criminal offence.
All employees have a positive responsibility
to comply with this policy and ensure that its terms are put to
affect. In this policy the word "employee" includes temporary
or other contract or agency workers.
Identifying Harassment on the Grounds of Sex Race and
Disability
The following conduct (non-exhaustive) will
amount to a breach of this harassment policy:
a)
Conduct based on an individuals sex (including sexual orientation),
age, race, religion, sexual orientation or disability which is
unwanted, or unreasonable and offensive to the recipient. All
employees are asked to be sensitive to the feelings of their
colleagues. Everyone reacts differently, and what may not be
offensive to one person may be offensive to another.
Harassment may even be unintentional on the part of the
harasser. In particular, sexual attention may become sexual
harassment if it is persisted in once it has been made clear that
it is regarded by the recipient as offensive or unwelcome,
(although one incident alone may constitute sexual harassment, if
sufficiently serious). As regards harassment on the grounds
of disability, employees should be aware that a disability may not
always be obvious, and that both physical and mental conditions can
comprise a disability.
b)
Conduct based on an individuals sex, age, race, religion, sexual
orientation or disability that creates an intimidatory, hostile or
humiliating work environment for the recipient. As regards
disability harassment, this will include the creation of such an
environment by reason of an employee's failure to accept, assist or
co-operate with any adjustment in working arrangement or the
working environment which Unified Solutions reasonably considers
necessary to meet any particular needs of disabled employee.
c)
Where a person's refusal to submit to harassment on the above
grounds influences a decision which affects that persons access to
continue employment, promotion, vocational training, or any other
decision affecting their employment.
d)
Victimisation of or retaliation against an employee who has
complained in good faith of harassment on the grounds of their sex,
age, race, religion, sexual orientation or disability.
Specific examples (non- exhaustive) of
unacceptable conduct include: --
e)
Physical – unnecessary touching; patting; pinching or brushing
against; assault or coercing sexual acts;
f)
Verbal - advances; persistent requests for social activities (after
it has been made clear that such requests are unwelcome) or other
persistent unwelcome attention of a personal nature; offensive and
suggestive remarks; threats; intimate questions; innuendoes; lewd
comments; obscene jokes; foul or obscene language; inciting racial
hatred; racial or sexual abuse; jokes, teasing nicknames, ridicule
or insults which are related to gender, age, sexual orientation,
race, religion or disability; inappropriate comments about dress,
appearance, physical or abilities;
g)
Non-verbal conduct - displaying or circulating suggestive or
offensive pictures, objects or written materials; leering;
whistling and suggestive or offensive gestures.
Responsibility of Supervisors and managers
Staff in supervisory positions must ensure
that they are responsive, acting immediately they become aware of
any harassment taking place, and supportive towards any members of
staff who complain of harassment.
Guidance for Staff
Staff who believe they are victims of
harassment are strongly encouraged to make it clear to the harasser
that they find their conduct unwelcome or offensive. This
should be done promptly and clearly. In many cases this may
be sufficient to stop the harassment. Where it is not
sufficient, and the harassment continues, or it is difficult or
inappropriate to raise the issue with the harasser, (for example
the harasser may be the employees supervisor), the employee should
contact an unconnected and more senior person.
If the employee does not wish to make a formal
complaint, then a manager may (if appropriate) deal with a matter
on an informal and confidential basis, by speaking to the harasser
on the victims behalf.
Where a formal complaint is made, the
complaint will be promptly and fully investigated. As far as
is reasonably practicable to conduct a fair investigation,
confidentiality will be maintained.
Following completion of the investigation, in
appropriate cases disciplinary action will be taken. The
penalty will depend upon the particular facts of each case.
Serious incidents of harassment can constitute gross misconduct for
which an employee may be summarily dismissed.
Harassment outside Working Hours
This policy is primarily concerned to ensure
that harassment does not take place at the workplace or in
circumstances connected with a person's employment, for example
during a business trip or whilst away from the Unified Solutions
premises during a lunch hour. Social events which take place
outside office hours and which are not organised by Unified
Solutions are generally excluded. However, Unified Solutions
will take appropriate disciplinary action against any person or
persons that are responsible for harassment outside of working
hours where:--
a)
The reputation of Unified Solutions is brought into questions;
and/or
b)
Such conduct creates a hostile or intimidating environment during
working hours; and / or
c)
Where such conduct has an adverse effect on a person's ability
properly to perform his or her job
General
During any investigation Unified Solutions may
suspend either or both of the persons involved on full pay and
benefits, or temporarily re-deploy them should Unified Solutions
deem this to be necessary.
This policy, including the
procedure set out above does not give any contractual rights to
employees or otherwise have contractual effect.