Model Equal Opportunities Policy
This model policy is intended to provide an example to employers and employees of good practice. It is not intended to represent a statement of the law. Any reference to male persons in the policy should be read as including, or being, female persons where this is appropriate.
Commitment to equal opportunities
Your employer is committed to the principle of equal opportunities in employment and is opposed to any form of less favourable treatment or financial reward through direct or indirect discrimination, harassment, victimisation to employees or job applicants on the grounds of race, religious beliefs, political opinions, creed, colour, ethnic origin, nationality, marital/parental status, sex, sexual orientation or disability.
Your employer is opposed to any form of less favourable treatment on the grounds of disability or age.
Your employer recognises its obligations under the Codes of Practice published by the Equal Opportunities Commission and the Commission for Racial Equality:
a) For the elimination of discrimination on grounds of sex or marital status and for the promotion of equal opportunity in employment.
b) For the elimination of racial discrimination and promotion of equal opportunity in employment.
c) For the elimination of discrimination in pay between men and women who do the same work, or work of a similar nature or work of equal value.
Employment Practices
It is the duty of all employees to accept their personal responsibility for adhering to the principles of equal opportunity and maintaining racial harmony. Your employer will actively promote equal opportunities throughout the organisation to ensure that individuals receive treatment that is fair and equitable and consistent with their relevant aptitudes, potential skills and abilities. Employees will be recruited and selected, promoted and trained on the basis of objective criteria. Your employer recognises that sexual, racial and other forms of harassment may cause problems at work and is committed to ensure that unacceptable behaviour does not take place.
Monitoring and Review Arrangements
Your employer will regularly monitor its policies to ensure that your employer pursues an effective policy of equal opportunity.
Grievance and Disciplinary Procedures
Your employer will ensure that any employee who feels that he or she has been treated unfairly or subjected to direct or indirect unfair discrimination can raise the matter through the appropriate grievance procedure when every effort will be made to secure a satisfactory resolution as a matter of urgency. Your employer will ensure that any employee making a complaint of unfair discrimination will be protected from any victimisation in any form and will continue to treat unfair discriminatory conduct by any member of staff as a disciplinary offence. Management may suspend both parties during any investigation.
Training
Your employer will train, develop and promote on the basis of merit and ability and will seek to encourage employees and applicants from all races.
Rehabilitation of Offenders
It is your employer’s policy not to discriminate against anyone who has a spent conviction or to refuse to engage or to dismiss on the grounds of a spent conviction. A conviction becomes spent after a period of time that runs from the start of the sentence.
Equal Pay
Your employer acknowledges that men and women are entitled to be paid equally without any bias on the grounds of sex.
All reasonable steps will be taken to ensure that male and female staff receive equal pay for the same work and for work rated as equivalent and for work of equal value.
Your employer will review existing and future pay policies and structures and continue to monitor the impact of such policies and structures.
Your employer hopes to minimise the possibility of bias on the grounds of sex arising in its pay structures and will accordingly fairly pay all its employees, justly rewarding everyone for their contributions to your employer’s continuing success.
Harassment at work
Harassment is unsolicited and unwelcome workplace behaviour which adversely affects the dignity of the recipient. Where the behaviour is motivated by gender, marital status, race, colour, national or ethnic origin, nationality or disability it also amounts to infringement of equal employment opportunity.
Your employer is committed to ensuring that no harassment or victimisation at work, whatever the motivation, is overlooked or condoned. Such behaviour can range from extreme forms such as violence or bullying to less obvious actions like practical jokes and ridiculing colleagues or subordinates.
Conduct becomes harassment if it persists and it has been made clear that it is regarded as offensive by the recipient, although a single offensive act can amount to harassment if it is sufficiently serious.
Any form of harassment will be considered a potential disciplinary matter.
Management may suspend both parties during any investigation.
Sexual harassment at work
Sexual harassment is a particular form of harassment. It is conduct at work directed towards an employee by another employee or group of employees which is of a sexual nature, or which is based on a person’s sex, and which is regarded as unwelcome or offensive to the recipient.
The following are examples, which illustrate the sort of conduct, which may be treated as sexual harassment. This is not an exhaustive list:
- Unwanted physical contact, or conduct which is intimidatory, or physically or verbally abusive. Harassment can also be non-verbal, for example, staring or gestures;
- Suggestions that sexual favours may further a person’s career, or that refusal may hinder it;
- Sexual advances, propositions, suggestions or pressure for sexual activity at or outside work;
- Derogatory or demeaning remarks based on gender, or the display of sexually explicit material in the workplace.
- Sexual harassment is a form of denial of equal employment opportunity that has the effect of insulting and demeaning the employee who is harassed.
Racial Discrimination
Racial Discrimination is a particular form of harassment. It is conduct at work directed towards an employee by another employee or group of employees which is of a racial nature, or which is based on a person’s race, colour or origins, and which is regarded as unwelcome or offensive to the recipient.
The following are examples that illustrate the sort of conduct, which may be treated as racial harassment. This is not an exhaustive list:
- Jokes about race.
- Offensive names used.
- References to people by offensive racist descriptions.
- Verbal or physical abuse because of a person’s race or colour.
- Detrimental behaviour because of a person’s race.
- Denial of opportunity because of race.
A situation of harassment may be resolved informally, by talking directly to the person who is responsible for the harassment. However if you believe you are the subject of harassment you should make a formal complaint to your manager or if the complaint is about your manager to the next level of management. Depending on the seriousness of the allegation, the alleged harasser may be suspended while the matter is being investigated under your employer’s disciplinary procedures.
A formal complaint of any form of harassment will be fully investigated utilising external specialists if required. The alleged harasser will be informed of the complaint, and your employer will endeavour to ensure that investigation into sexual harassment is conducted by a worker of the same sex as the complainant. If relevant, as part of the investigative process, witnesses will be interviewed. As far as possible confidentiality will be maintained throughout the investigative process. Neither complainant nor alleged harasser will be victimised in any way. However, the making of a malicious complaint that you know to be false may itself result in disciplinary action against you because it could be regarded as misconduct.
Where an employee is found to have harassed another employee your employer will decide the appropriate action (if any) in the light of all the evidence. Such action may include disciplinary action, dismissal (in serious or repeat cases), a job transfer, or counselling. The aim throughout is to resolve the complaint of harassment sensitively, impartially, effectively and quickly.
Where a harasser is retained in employment, your employer will monitor the situation to ensure that the harassment has stopped. It is a disciplinary offence to victimise or retaliate against an employee who has, in good faith, made, supported or assisted in the making of a complaint of harassment. There will be no victimisation of any employee for making or supporting or assisting a complaint of harassment — even if the complaint is not upheld — provided the action was taken in good faith.
Copyright restrictions are waived on this document and it may be copied providing that the content is not altered in any way. JACS acknowledges, with thanks, those employers that have permitted their policies to be used in drawing up these recommendations.
Djw/jacs/March 2008