The Managing Director will:
Receive and consider reports in order to monitor the effectiveness of the policy. Review and, as necessary, amend the policy.
Associate Directors, Branch Managers, Managers and Team Leaders will:
Ensure that the Company’s policy is implemented within their area of responsibility; Ensure that individual training needs are identified, agreed and met; Identify and remedy any examples of actual or potential discrimination and/or departure from this policy. Take appropriate positive action to encourage equality of opportunity in the workplace.
The HR Department will:
Ensure that this policy is brought to the attention of all staff, staff representatives and Managers; Ensure that all existing and future HR policies, procedures and practices are non-discriminatory; Support and advise Line Managers and personnel staff on effective implementation of the policy.
Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have (see perception discrimination below), or because they associate with someone who has a protected characteristic (see discrimination by association below).
Discrimination by Association
This applies to race, religion or belief, sexual orientation, age, disability, gender reassignment and sex. This is direct discrimination against someone because they associate with another person who possesses a protected characteristic.
This applies to age, race, religion or belief, sexual orientation, disability, gender reassignment and sex. This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.
This applies to age, race, religion or belief, sex, sexual orientation, marriage and civil partnership, disability and gender reassignment. Indirect discrimination can occur when there is a condition, rule, policy or even a practice in the company that applies to everyone but particularly disadvantages employees who share a protected characteristic. Indirect discrimination can be justified if the company can show they acted reasonably in managing the business, i.e. that it is a ‘proportionate means of achieving a legitimate aim’.
Harassment is ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.
Harassment applies to all protected characteristics except for pregnancy and maternity and marriage and civil partnership. Employees may complain of behaviour that they find offensive even if it is not directed at them, and the complainant need not possess the relevant characteristic themselves. Employees are also protected from harassment because of perception and association (see above).
Third Party Harassment
This applies to sex, age, disability, gender reassignment, race, religion or belief and sexual orientation. The Equality Act 2010 makes the company potentially liable for harassment of employees by people (third parties) who are not employees of the company, such as customers or clients. The company will only be liable when harassment has occurred on at least two previous occasions, the company is aware it has taken place, and has not taken reasonable steps to prevent it from happening again.
Victimisation occurs when an employee is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act, or because they are suspected of doing so. An employee is not protected from victimisation if they have maliciously made or supported an untrue complaint.
The Equality Act protects people of all ages. However, different treatment because of age is not unlawful direct or indirect discrimination if it can be justified, i.e. if it can be demonstrated that it is a proportionate means of meeting a legitimate aim. Age is the only protected characteristic that allows employers to justify direct discrimination.
CCG College Training will request age as part of its recruitment process but such information will not be used as selection, training or promotion criteria or in any detrimental way and is only for compilation of personal data, which the company holds on all employees and workers and as part of its equal opportunities monitoring process.
CCG College Training will encourage their clients not to include any age criteria or other subjective criteria in job specifications, and to recruit on the basis of competence and skill. No age requirements will be stated in any job advertisements on behalf of the company.
Under the Equality Act, a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, which would include things like using a telephone, reading a book or using public transport. The law places a duty on the employer to make reasonable adjustments for employees to help them overcome disadvantages resulting from an impairment (e.g. by providing assistive technologies to help visually impaired employees to use computers effectively).
It is discriminatory to treat a disabled person unfavourably because of something connected with their disability (e.g. a tendency to make spelling mistakes arising from dyslexia). This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know, that the person has a disability. This type of discrimination is only justifiable if an employer can show that it is a proportionate means of achieving a legitimate aim.
In addition, indirect discrimination covers disabled people. This means that a job applicant or employee could claim that a particular rule or requirement in place by the company disadvantages people with the same disability. It is also unlawful, except in certain circumstances, for employers to ask about a candidate’s health before offering them work.
The Equality Act provides protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender, e.g. a woman who decides to live as a man but does not undergo any medical procedures would be protected. It is discriminatory to treat transsexual people less favourably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment than they would be treated if they were absent because they were ill or injured.
When an employee is engaged in work where the gender change imposes genuine problems, CCG College Training will make every effort to reassign the employee or worker to an alternative role within the company, if so desired by the employee.
Marriage and Civil Partnership
Employees who are married or in a civil partnership are protected against discrimination.
Pregnancy and Maternity
A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination.
The Equality Act makes it illegal to discriminate against someone on the grounds of colour, nationality and ethnic or national origins.
Religion or Belief
Any religion is covered and it also includes a lack of religion - employees or jobseekers are protected if they do not follow a certain religion or have no religion at all. Additionally, a religion must have a clear structure and belief system. Belief means any religious or philosophical belief or lack of such belief. To be protected, a belief must satisfy various criteria, including that it is a weighty and substantial aspect of human life and behaviour. Denominations or sects within a religion can be considered a protected religion or religious belief. Discrimination because of religion or belief can occur even where both the discriminator and recipient are of the same religion or belief.
Both men and women are protected under the Equality Act.
The Equality Act covers discrimination on the grounds of Sexual Orientation. This covers people whether they are bisexual, gay, heterosexual or lesbian.
This Policy also covers the treatment of those employees and workers who work on a part time basis. CCG College Training recognises that it is an essential part of this policy that part-time employees are treated on the same terms as full time employees (albeit on a pro rata basis) in matters such as rates of pay, holiday entitlement, maternity leave, parental leave and access to the company’s pension scheme. The company also recognises that part time employees must be treated the same as full time employees in relation to training and redundancy situations.
The Equality Act allows an employer to take positive action if it feels that employees or job applicants who share a particular protected characteristic suffer a disadvantage connected to that characteristic, or if their participation in an activity is disproportionately low.
In most circumstances, a challenge to pay inequality and other contractual terms and conditions has to be made by comparison with a real person of the opposite sex in the same employment. However, a claim of direct pay discrimination can be allowed, 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 company. This would be a claim under sex discrimination.
Under the Equality Act it is unlawful for the company to prevent or restrict its employees from having a discussion to establish if differences in pay exist that are related to protected characteristics. An employer can require their employees to keep pay rates confidential from some people outside the workplace, for example a competitor organisation.
Please raise any issues immediately with your direct Line Manager or Human Resources immediately and the matter will be dealt with promptly and in the strictest confidence. However, if the matter cannot be settled informally, employees should raise a grievance formally using the company’s Grievance Policy & Procedure.