Creative Sport & Leisure Ltd recognises its responsibilities under the “Equality Act 2010” to eliminate unlawful discrimination and promote equality of opportunity and respect for difference and diversity in all aspects of its activities as an employer and training provider.
This policy follows the “Equality Act 2010” which harmonised all previous equality legislation into a single Act of Parliament. The Equality Act 2010 protects individuals from discrimination and harassment based on “Protected Characteristics.” The Protected Characteristics are: -
- Gender Reassignment;
- Pregnancy and maternity;
- Religion or belief (including non-belief);
- Sexual orientation;
- Marriage and Civil Partnership;
For all individuals, having regard to the Protected Characteristics, Creative Sport & Leisure has a duty to: -
- Eliminate discrimination, harassment and victimisation;
- Recognise the danger of unconscious bias
- Advance equality of opportunity;
- Foster good relations, through tackling prejudice and promoting understanding
Purpose and scope
The purpose of this policy is to outline the commitment by Creative Sport & Leisure to the procedures that will be followed and to ensure that our organisation meets all relevant legislation and guidance with regards to Equality & Diversity.
1.1 Creative Sport & Leisure will adhere to all relevant Statutory Legislation and the Code of Practice;
1.2 Creative Sport & Leisure will ensure that positive steps are taken to identify and combat all forms of discrimination so that no potential or existing members of staff, customers or students are discriminated against from any type of discrimination, as listed below;
- “Direct Discrimination” occurs where someone is treated less favourably because of one or more of the protected characteristics. Direct discrimination may occur even when unintentional. It may also, in some cases, occur by association i.e. where a person is put at a disadvantage due to a characteristic of another person.
- “Indirect discrimination” occurs where someone is disadvantaged by an unjustified provision or practice that also puts other people with the same Protected Characteristic at a particular disadvantage. For example, a requirement for GCSE English as a selection criterion. This would have a disparately adverse impact on people educated overseas and may not be justified if all that is needed is to demonstrate a reasonable level of literacy.
- “Harassment” Harassment may include bullying behaviour and it refers to bad treatment that is related to a protected characteristic. More specifically, the law defines harassment as '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.' It can include behaviour that individuals find offensive even if it's not directed at them, and even if they do not have the relevant protected characteristics themselves.
“broadly refers to bad treatment directed towards someone who has made or is believed to have made or supported a complaint under the Equality Act. It includes situations where a complaint has not yet been made but someone is victimised because it's suspected they might make one. If an individual gives false evidence or makes an allegation in bad faith, then they are not protected from victimisation under the Act.
- ‘’Unconscious Bias’’ The company recognises the dangers of unconscious bias arising at work, which is where an opinion is formed on an individual by a manager or colleague without them necessarily being aware they have formed it. There are many different forms of unconscious bias ranging from an affinity towards those of a similar background, to placing too much significance on what has been identified as a negative trait.
1.3 Creative Sport & Leisure recognises that the implementation of the Equality Policy is vital to its development and continuing success and will take responsibility for ensuring effective implementation of the policy and code of practice.
1.4 Any employee who discriminates, harasses or victimises any other employee on the grounds of any of the ‘protected characteristics’ (listed above) will be subject to the organisation's disciplinary procedure. In serious cases, such behaviour will be deemed to constitute gross misconduct and as such, could result in summary dismissal in the absence of mitigating circumstances.
1.5 All employees and students will be asked to complete an Application Form which also monitors Equal Opportunities. The Company guarantees that this EO form will be used for the purpose of monitoring the effectiveness of its equal opportunities policy only.
1.6 Where a disabled worker applies for a post, but it is unclear whether that disability will prevent the employee undertaking the duties satisfactorily, the Line Manager must consult a Senior Manager/HR to determine the applicant’s ability to perform the duties of the job, identify what adaptions need to be made and what extra support arrangements need to be put in place. Please refer to Company Recruitment Policy 01.
1.7 Where a disabled learner applies for a place on a course all efforts will be made to support them onto the course of their choice and to identify any additional support required to avoid discrimination against them.
1.8 Wherever possible, Creative Sport & Leisure will ensure that all individuals and organisations which provide services for or on their behalf, are aware of our commitment to equal opportunity.
1.9 All staff who have responsibility for recruitment (Learners or Staff), selection and promotion, or who supervise other staff, will receive equal opportunities training.
1.10 All other staff will attend awareness training in equality & diversity as part of their induction upon employment.
1.11 The employer is also committed to ensuring that no policy, procedure, provision, rule, requirement, condition or criterion will be imposed on any worker or job applicant without justification if it would be likely to put that person at a disadvantage on any of the above grounds.
1.12 The principles of non-discrimination and equality of opportunity also apply to the way in which staff treat visitors, clients, customers, suppliers and former staff members.
1.13 The organisation will continue to review the effectiveness of this policy to ensure it is achieving its objectives and as part of this process will monitor the composition of job advertisements and the benefits and career progression of staff.
1.14 Any employee or job applicant who believes he or she has received less favourable treatment is asked to use the organisation's Grievance Procedure as detailed in Company Policy 04 in the first instance.
Aims of the Policy
2.1 To comply with the general and specific duties of all Equal Opportunity Legislation including the Equality Act 2010.
2.2 To fulfil Creative Sport & Leisure’s statutory obligation to raise awareness of the policy in all staff, customers and students.
2.3 To ensure that all potential, new and existing staff, customers and students are informed of the policy and its implication.
3. Publishing Arrangements
3.1 Creative Sport & Leisure is committed to equality of opportunities and the Equality policy will be communicated widely to staff, learners, contactors, visitors and volunteers working on behalf of or in conjunction with Creative Sport & Leisure. This will be achieved through the following: -
- Marketing prospectuses;
- Annual Equality and Diversity Report;
- Employee and learner induction programmes;
- Copies available through learner handbook;
- Through the Creative Sport & Leisure website and Portal;
- Copies of the policy provided to work placement providers, with a requirement for them to adopt the policy if they do not already have one in place;
4. Organisation, Consultation and Participation
4.1 As the employers, Creative Sport & Leisure Directors have the ultimate responsibility for ensuring compliance with Equal Opportunity and Equality and Diversity Legislation.
4.2 Equality and Diversity training will be provided to all staff as part of the induction process. Specific training will also be provided for throughout the year on different aspects of equality and diversity, as appropriate.
4.3 Equality and Diversity training will be provided to all learners as part of the induction process. Specific training will also be provided to learners throughout their programme of learning as part of their personal development.
5. Equal Opportunities: Functional Responsibilities
5.1 The Directors are responsible for:
- Personnel related policies and strategies;
- Developing and delivering a programme of (or arranging delivery of) staff development in equal opportunity matters;
- Advising and supporting staff to identify and disseminate good equal opportunity practice, particularly in relation to equal treatment in all aspects of the staff, customers and student experience;
- Ensuring that all HR policies and procedures meet legal and ethical standards in relation to equal opportunity and recognition of diversity;
- Advising staff on procedures in relation to the Creative Sport & leisure Equality Policy
- All Managers are responsible for ensuring proactive dialogue about equality opportunities issues and practices with partner organisations, contractors, customers, students and employers providing work experience to students;
- Provision of a mechanism to report any instances of breach of equality and diversity legislation
5.2 It is unlawful to discriminate, victimise or harass on the grounds of Age, Disability, Gender reassignment, Pregnancy and Maternity, Marital status, Race, Religion or Belief, Sex and Sexual Orientation. Under legislation and this policy, every member of staff and every student has a responsibility to:
- Listen to what others have to say and respect their point of view;
- Speak out, or report it, if they witness or are aware of bullying, vindictiveness, verbal or physical aggression. Do not assume that it is someone else’s responsibility;
- Question their own prejudices and assumptions;
- Familiarise themselves with the responsibilities that Equality legislation places on them and ensure that they are sensitive to issues of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
5.3 Creative Sport & leisure will work to ensure equality of access and resources for:
- Researching and responding to the educational needs of the local community including any isolated sections of the community;
- Ensuring entry criteria and interview procedures do not discriminate unfairly; this includes making reasonable adjustments during the interview process;
- Providing impartial guidance to all student applicants so that they are placed on the best courses to help them succeed;
- Identifying students’ individual learning styles and needs at the start of a course and giving them opportunities to try different ways of learning;
- Ensuring content and language of all written course information is clear and presents positive images
- Ensuring access, where needed, to additional learning support after assessment of individual need;
- Use a range of assessment methods to provide inclusion to all learners in line with the specification of the qualification framework;
- Ensuring as far as possible, that they have access to the full range of Creative Sport & Leisure services;
- Consulting students with disabilities or learning difficulties about reasonable adjustments to delivery arrangements and premises so as to minimise any disadvantages they may face;
- Providing counselling and advice for students when necessary
- Ensuring no employee or job applicant is treated less favourably because of conditions or requirements which cannot be justified.
- Using, objective and job-related criteria when making decisions on recruitment, pay, training, progression and termination of employment;
- Supporting or training staff appropriately to help them progress within or outside the organisation;
- Ensuring that managers apportion development opportunities objectively and as fairly as possible;
- Ensuring as far as possible, all staff have access to the full range of services available within the organisation;
- Consulting staff with disabilities or learning difficulties about reasonable adjustments to organisation arrangements and premises so as to minimise any disadvantages they may face;
- Providing counselling and advice for staff when necessary
Employers Own Responsibilities:
- The employer must ensure that all learners are treated equally and fairly in line with the Equality Act 2010, taking into consideration The Sex Discrimination Act 1975, The Race Relations Act 1976 and The Disability Discrimination Act 1996.
- Apprentices will have access to the same rights and opportunities, as far as reasonable, as other employees.
- Any non-compliance will be reported immediately to Senior Management or the HR team for further investigation
Learners Own Responsibilities:
- Learners will ensure that they follow procedures and practice in line with company policies and the Equality Act 2010, along with any other legislation;
- Learners will treat others within the workplace such as colleagues, managers, assessors and customers fairly and without discrimination;
- To undertake any additional training and activities to enhance own understanding of rules and regulations;
- Any instances of non-compliance will be reported directly to their tutor/assessor
6. Making an Equal Opportunities Complaint
6.1 An employee or service user who feels they have not been fairly treated within the scope of this policy should raise the matter through Creative Sport & Leisure Disciplinary and Grievance Procedure 04 or Complaints Policy
7. Dealing with Discrimination and Harassment as an Education Provider
7.1 As an Education Provider, Creative Sport & Leisure complies with anti-discrimination and Human Rights legislation and promotes the well-being of staff and students; actively seeking to eliminate all forms of discrimination and harassment, whether
towards candidates or staff;
7.2 In general, this is dealt with through our own disciplinary policy, but in all circumstances the safety, well-being and support needs of the victim is our first priority;
7.3 Creative Sport & Leisure will comply with its legal responsibility to make a written record of any racist incident which takes place on our premises or any satellite office;
7.4 Certain racist incidents may also be criminal offences in England and Wales under the Crime & Disorder Act 1998. These include:
- Racially aggravated assaults, including common assault, actual bodily harm, grievous bodily harm and wounding;
- Racially aggravated criminal damage, including racist graffiti, damage to property and arson (deliberately setting fire to property);
- Racially aggravated public order/harassment, including engaging in behaviour which causes (or is likely to cause) harassment, distress or fear of violence
7.5 The Police (not Creative Sport & Leisure) are responsible for investigating and dealing with racist incidents where criminal offences may have been committed. All racist incidents of this kind will be reported to the police as soon as possible;
7.6 Creative Sport & Leisure will also report the incident to the police if asked to do so by the victim or their parent;
7.7 In addition to the general principles for dealing with discrimination or harassment, Creative Sport & Leisure will adhere to the specific rules which exist for dealing with sexual harassment and discrimination. If the perpetrator is an employee or other professional in a position of authority, then this will normally be a criminal matter (in which case it should be referred to the police) or a disciplinary offence under Creative Sport & Leisure Disciplinary Procedure.
8. MIS and Equality Impact Assessment
Creative Sport & Leisure Management Information System ensures data relating to Protected Characteristics is recorded, stored, processed and readily available. The company will use this information in equality impact assessments produced on an annual basis to ensure that:
- no individual or group is disadvantaged;
- identify where equality of opportunity can be promoted;
- investigate underlying causes
- remove any unfairness or disadvantage and create reasonable adjustment;
- demonstrate diversity of individuals accessing Creative Sport & Leisure services and their impact on the local economy.
The relevant Acts of Parliament relating to equal opportunities policy are:
- Local Government Act 1966 (Section 11)
- Rehabilitation of Offenders Act 1974
- Sex Discrimination Act 1975 and 1986
- Race Relations Act 1976 and Race Relations (Amendment) Bill
- Equal Pay Act 1970 and Amendments 1983
- The Public Order Act 1986
- Employment Act 1989
- The Disability Discrimination Act 1995
- Human Rights Act 1998
- Protection from Harassment Act 1997
- Part Time Worker Regulations 2000
- The Race Relations (Amendment) Act 2000
- The Gender Recognition Act 2004
- Disability Discrimination Act 2005
- Racial and Religious Hatred Act 2006
- Sexual Orientation Regulations 2007
- Equality Act 2010
In addition, the following codes of practice relating to equal opportunities; including guidance available from:
- Equal Opportunities Commission
- Commission for Racial Equality
- Disability Rights Commission
- ACAS: Advisory Conciliation and Arbitration Service
- Disability Rights Code of Practice
- Age Discrimination Code of Practice