Introduction
Swift is committed to encouraging equality and diversity among our workforce and eliminating unlawful discrimination.
The organisation - in providing goods and/or services and/or facilities - is also committed against unlawful discrimination of customers or the public
The policy’s purpose is to:
• Provide equality, fairness, and respect for all in our employment, whether temporary, part-time or full-time
• Not unlawfully discriminate because of the Equality Act 2010 protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origin), religion or belief, sex (gender) and sexual orientation
• Oppose and avoid all forms of unlawful discrimination. This includes in pay and benefits, terms and conditions of employment, dealing with grievances and discipline, dismissal, redundancy, leave for parents, requests for flexible working, and selection for employment, promotion, training or other developmental opportunities
1. Policy
1.1 The Company recognises that discrimination is unacceptable and that it is in the interests of the Company and its employees to utilise the skills of the total workforce.
1.2 It is the aim of the Company to ensure that no employee or job applicant receives less favourable facilities or treatment on grounds of sex, sexual orientation, pregnancy and maternity marriage and civil partnership, gender reassignment, race, colour, age, religion or belief, or disability, or are placed at a disadvantage by imposed conditions or requirements which cannot be shown to be justified.
1.3 The Company wishes to see its workforce broadly reflecting the community in which its premises are based.
1.4 Present members of staff and applicants for appointments or promotion shall be assessed on the basis of their suitability, capability and qualifications (apart from in any necessary and limited exemptions and exceptions allowed under the Equality Act)
1.5 This policy and the associated arrangements shall operate in accordance with statutory requirements. In addition, full account will be taken of any Codes of Practice issued by the Equality and Human Rights Commission and guidance from other statutory bodies.
2. Definitions
2.1 Where discrimination against any person or Company is referred to it shall be deemed to be potential discrimination within any of the categories listed in the policy statement. Two types of discrimination are covered by statute - direct and indirect.
Direct Discrimination
2.2 Direct discrimination occurs when a person or Company is treated less favourably than others.
2.3 Segregating a person or Company on the basis of their race, sex or disability is unlawful. It also is unlawful for an employer to discriminate against a job applicant whose conviction is spent.
Indirect Discrimination
2.4 Indirect discrimination occurs when a provision, criterion or practice (PCP) is imposed which, although applied equally to all individuals, is such that:
• The proportion of persons of a Company who can comply with it is significantly smaller than the proportion of persons not of that Company who can comply with it.
• The Employer cannot show that the PCP is a proportionate means of achieving a legitimate aim.
• It is to the disadvantage of the individuals concerned because they cannot reasonably comply with it.
2.5 For example, a dress policy which prevents women wearing trousers discriminates against women of a particular race or religion; a higher language standard than is actually needed to do the job discriminates on the grounds of nationality/race.
3. Rights of disabled people
3.1 The Company attaches particular importance to the needs of disabled people.
3.2 Under the terms of this policy, managers are required to:
• make reasonable adjustment to maintain the services of an employee who becomes disabled, for example, training, provision of special equipment, reduced working hours.
• include disabled people in training/development programmes;
• give full and proper consideration to disabled people who apply for jobs, having regard to making reasonable adjustments for their particular aptitudes and abilities to allow them to be able to do the job.
4. Victimisation and Harassment
4.1 Discrimination by victimisation occurs when a person is treated less favourably than another because he/she had asserted his/her rights under the Acts relating to discrimination or had helped another person to assert those rights.
4.2 There is a separate policy dealing with all forms of harassment.
5. Responsibility of Managers
5.1 The responsibility for ensuring the effective implementation and operation of the arrangements will rest with the Directors. Directors shall ensure that they and their staff operate within the policy and arrangements and that all reasonable and practical steps are taken to avoid discrimination. Each manager will ensure that:
• All their employees are aware of the policy, the arrangements and the reasons for the policy.
• Grievances concerning discrimination are dealt with fairly and as quickly as possible.
• Proper records are maintained.
6. Responsibility of Staff
6.1 Whilst the responsibility for ensuring that there is no unlawful discrimination rests with management, the attitudes of staff are crucial to the successful operation of fair employment practices. In particular, all members of staff should:
• Comply with the policy and arrangements.
• Not discriminate in their day to day activities or induce others to do so.
• Not victimise, harass or intimidate other staff on the grounds specified in the policy.
• Inform their manager if they become aware of any discriminatory practice.
6.2 All staff should understand they, as well as their employer, can be held liable for acts of bullying, harassment, victimisation, and unlawful discrimination, in the course of their employment, against fellow employees, customers, suppliers and the public
7. Procedure
7.1 Employees have a right to pursue a complaint concerning discrimination or victimisation via the Grievance or Harassment Procedures as appropriate. If the complaint is against the individual's manager, the complaint should be raised with the next level of management.
7.2 In instances where the complaint is of a sexual nature the identities of all parties should not be disclosed wherever possible.
7.3 Discrimination and victimisation are serious matters. They will be treated as disciplinary offences and dealt with under the Disciplinary Procedure
8. Monitoring and Review
8.1 The Senior Management Team will be responsible for monitoring and reviewing the Policy.
8.2 Monitoring will include assessing how the Equality Policy, and any supporting action plan, are working in practice, reviewing them annually, and considering and taking action to address any issues