Bardsley Construction Ltd

1. Policy Statement
1.1 The Company declares itself to be an Equal Opportunity employer. This Equal Opportunities Policy contains positive measures designed to prevent in so far as possible not only overt acts of discrimination but also conditions and requirements which might have an indirectly discriminatory, effect, albeit unintentional, where that effect cannot be justified as necessary for operational purposes.
1.2 The Policy is intended to aid the development of good employment practices and to promote equality of opportunity for all employees, workers and job applicants irrespective of their gender, sexual orientation, marital or civil partner status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability or age, pregnancy or trade union membership or the fact that they are a part-time worker or a fixed-term employee. This principle of non-discrimination and equality of opportunity applies equally to the treatment of visitors, clients, customers and suppliers by members of our workforce (and vice versa) and also, in some circumstances, ex-employees.
1.3 This Policy applies to the Company’s employees, whether permanent, temporary, casual, part-time or on fixed-term contracts, to ex-employees, to job applicants and to individuals such as agency staff and consultants who are not employees but who work at the Company (collectively known as ‘workers’).
1.4 Equal opportunity for all can be ensured only through acceptance by all workers that the full utilisation of the talents and resources of the entire workforce is important, regardless of gender, sexual orientation, marital or civil partner status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability or age, pregnancy or trade union membership or part-time worker or fixed-term status.
1.5 All workers have a duty to act in accordance with this Policy, and therefore to treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff or any visitors, clients, customers or suppliers. In some situations the Company may be at risk of being held responsible for the acts of individual members of staff and will not therefore tolerate any discriminatory practices or behaviour.
1.6 This Policy is for guidance only and does not form part of any employee’s contract of employment. This Policy will be communicated to all workers and will be available from [JOB TITLE/INTRANET/NOTICEBOARD].
1.7 All workers will be trained on their rights and responsibilities under the Policy. No worker must be in any doubt as to what constitutes acceptable and unacceptable behaviour in the Company.

2. Definitions
2.1 Discrimination may be direct or indirect and it may occur intentionally or unintentionally.
2.2 Direct discrimination occurs where someone is treated less favourably (i.e. is put at a disadvantage) on the grounds of gender, sexual orientation (perceived or actual), marital or civil partner status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability or age, pregnancy or trade union membership or part-time or fixed-term status..
2.3 Indirect discrimination occurs where an unjustified provision, criterion or practice is applied to all (or would be applied to all) and as a consequence puts a worker at a particular disadvantage because of one of the grounds referred to in paragraph 2.2 (and would similarly put all members of that particular group at a disadvantage). If the provision, criterion or practice cannot be objectively justified for a reason unconnected with one of the grounds listed in paragraph 2.2, it would be indirectly discriminatory.
2.4 Discrimination also includes victimisation (less favourable treatment because of action taken to assert legal rights against discrimination or to assist a colleague in that regard) and harassment (see the Company’s Bullying and Harassment Policy).

3. Personnel Responsible for Implementation of this Policy
All members of staff are responsible for the success of this policy and must ensure that they familiarise themselves with the Policy and act in accordance with its aims and objectives. To facilitate this process Managers and Directors will be given training on equal opportunities awareness and equal opportunities recruitment and selection best practice. If you are involved in management or recruitment, or if you have any questions about the content or application of this Policy, you should contact the board of Directors to request training.

3.1 The Responsibilities of the Company
The board of Directors has overall responsibility for the effective introduction and operation of this Policy and for ensuring compliance with the relevant statutory framework prohibiting discrimination. The Directors must ensure that the Policy is properly implemented, that all workers receive proper guidance and training on the Policy, that adequate records in respect of this Policy are established and maintained, that interviewing techniques, short listing methods and selection decisions are monitored, that reports are undertaken in respect of the operation of the Policy and that any actions identified as a result are completed as necessary without delay. The Directors are also responsible for regularly reviewing all of the Company’s procedures and policies to ensure continuing compliance with current employment legislation and relevant Codes of Practice prohibiting discrimination.

• 3.2 The Responsibilities of All Managers and Supervisory Staff
• All Directors, Managers and Supervisory staff must:
• Set an appropriate standard of behaviour by leading by example;
• Promote the aims and objectives of the Company with regard to equal opportunities;
• Ensure that all workers are aware of their responsibilities under the terms of this Policy and adhere to those responsibilities;
• Ensure grievances and disciplinary issues are dealt with in a fair  and consistent manner and that all related decisions are made on a non-discriminatory basis; and
• Ensure that proper records of all employment decisions are maintained, and that reviews are carried out of employment practices.
• Further, those Directors or Managers who are responsible for short-listing, interviewing and selecting candidates as part of the recruitment process must at all times adhere to the requirements of paragraph 4 of this Policy.
• • The Responsibility of All Workers

Good working relations and fair employment practices depend on the attitudes and actions of all workers, from those at the most junior levels of the Company to those in the most senior positions.  The Company is fully committed to building an organisation that makes full use of the talents, skills, experience and different cultural perspectives available, and where people feel they are respected, valued and can achieve their potential.

In particular, workers: are required to co-operate with measures introduced by the Company under the principle of equality of opportunity and non-discrimination; must not themselves unlawfully discriminate against other workers, visitors, clients, customers and suppliers, either directly or indirectly,  on account of one of the grounds listed at paragraph 2.2 e.g. as supervisors or managers or persons responsible for selection decisions in recruitment, promotion, transfer, training, etc;

• must not induce or attempt to induce other workers or managers to practice discrimination;
• must not victimise or attempt to victimise individuals on the grounds that they have complained or taken action to assert legal rights against discrimination (or assisted a colleague to do so);
• must not harass, abuse or intimidate other workers, visitors, clients, customers and suppliers on account of one of the grounds listed in paragraph 2.2 e.g. in attempts to discourage a worker from continuing their employment;
• should inform a manager or board member if they suspect that discrimination is taking place in the workplace, e.g. in employment decisions.

4. Recruitment and Selection
4.1 The Company aims to ensure that no job applicant receives less favourable treatment on any of the unlawful grounds listed in paragraph 2.2. Recruitment procedures will be reviewed regularly to ensure that individuals are treated on the basis of their relevant merits and abilities and that sufficiently diverse sectors of the community are reached by job advertisements. Advertisements will not be confined to publications that exclude or disproportionately reduce the numbers of applicants of a particular group.
4.2 Advertisements and job descriptions will give as much clear and accurate information as necessary to enable applicants to assess their suitability for the post.  Person specifications will only include requirements that are necessary and justifiable for that particular role.  Selection criteria which have the effect of restricting potential applicants on one or more of the grounds listed in paragraph 2.2 will be excluded unless they can be objectively justified on non-discriminatory grounds as being essential for the effective performance of the job.
4.3 Application forms will not be used as a test of literacy where this is not a requirement of the job.
4.4 All interviews will be conducted objectively and will be for the purpose of assessing the candidate’s suitability for the post and their ability to undertake the duties outlined in the job description.  Any selection tests will relate solely to the job’s requirements.
4.5 Managers responsible for short-listing, interviewing and selecting candidates must:

• apply selection criteria which do not discriminate;
• be aware of the way in which prejudice can affect the way that an organisation functions and also the impact that generalisations about certain groups and bias in day-to-day operations can have on an individual’s prospects in obtaining work, promotion, recognition and respect; and
• be aware of the possible misunderstanding that can occur in interviews between persons of different cultural backgrounds.

4.6 Where possible, short-listing and interviewing should not be done by one person alone but should at least be checked at a more senior level.
4.7 Vacancies will be given full internal circulation to staff who are likely to possess appropriate qualifications or have relevant experience.
4.8 Operational policies and procedures will be periodically reviewed to ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities and that related decisions are not tainted by personal prejudice or discrimination.

5. Training and Promotion
5.1 The Company will not discriminate in the provision of training courses or training opportunities on one or more of the unlawful grounds listed in paragraph 2.2. The selection criteria applied in respect of allocating training opportunities to workers will be regularly reviewed to ensure that they are not directly or indirectly discriminatory on one or more of the unlawful grounds listed in paragraph 2.2. All promotion decisions will be made on the basis of merit.
5.2 Appropriate training shall be provided to enable workers to perform their jobs effectively. All workers will be provided with appropriate access to training to enable them to progress within the Company. Staff responsible for selecting employees for training, whether it be induction, promotion, or skills training, should be instructed not to discriminate on one or more of the unlawful grounds listed in paragraph 2.2.
5.3 Staff involved in short listing, interviewing and selecting candidates for recruitment and/or training and/or promotion opportunities will be trained to ensure that selection is made on an objective basis and that all decisions made are non-discriminatory. 
5.4 All key personnel involved in management and recruitment will be provided with training on the relevant statutory framework, this Policy, their own personal liability under the law and the nature of discrimination in general.

6. Terms and Conditions of Service
6.1 The Company will not discriminate in the provision of access to general staff facilities and benefits (including pay). The Company’s conditions of service, benefits and facilities will be reviewed regularly to ensure that they are available to all workers who should have access to them and that there are no unlawful obstacles in accessing them.

7. Fixed Term Employees, Agency and Temporary
7.1 The Company will monitor the use of agency and fixed-term workers and their conditions of service, to ensure that they are being offered appropriate access to benefits, training, promotion and permanent employment opportunities.

8. Part Time Workers
8.1 The Company will monitor the conditions of service of part-time workers and their progression within the Company to ensure that they are being offered appropriate access to benefits and training and promotion opportunities. The Company will also ensure that requests to alter working hours are dealt with appropriately.

9. Termination of Employment
9.1The Company will monitor redundancy criteria and procedures to ensure that they are fair and objective and do not directly or indirectly discriminate.
9.2 The Company will ensure that disciplinary procedures are carried out fairly and uniformly for all workers, whether they result in the giving of disciplinary warnings, dismissal or other disciplinary action.

10. Disability Discrimination
10.1 If you are disabled, or become disabled in the course of your employment with the Company, you are encouraged to tell the Company about your condition. This is to enable the Company to support you as much as possible. You may also wish to advise your line manager of any reasonable adjustments to your working conditions or the duties of your job which you consider to be necessary, or which would assist you in the performance of your duties. Your line manager may wish to consult with you and with your medical advisor(s) about possible reasonable adjustments. Careful consideration will be given to any such proposals and they will be accommodated where possible, reasonable and proportionate to the needs of your job. Nevertheless, there may be circumstances where it will not be reasonable for the Company to accommodate the suggested adjustments and the Company will ensure that you are provided with information as to the basis for a decision not to make adjustments.
10.2  Where possible and proportionate the Company will take steps to improve access for disabled workers and service users.

11. Breaches of the Policy
11.1 If you believe that you may have been disadvantaged on any of the unlawful grounds listed at paragraph 2.2 you are encouraged to raise the matter through the Company’s grievance procedure. If you believe that you may have been harassed on any of the unlawful grounds listed at paragraph 2.2. you are encouraged to raise the matter through the Company’s Bullying and Harassment Policy. Allegations regarding potential breaches of this Policy will be treated in confidence and investigated in accordance with the relevant procedure. Workers who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations of a breach in this Policy which are found to have been made in bad faith will however be dealt with under the Company’s disciplinary policy.
11.2  If after investigation you are proven to have discriminated against or harassed any other worker, visitor, client, customer or supplier on one of the grounds of sex, marital status, sexual orientation, religion or belief, race, disability or age or otherwise act in breach of this Policy, you will be subject to disciplinary action. In serious cases such behaviour may constitute gross misconduct and as such may result in summary dismissal. The Company will always take a strict approach to serious breaches of this Policy.
11.3  The Company will not ignore or treat lightly grievances from members of particular disadvantaged groups on the assumption that they are over-sensitive about discrimination.

12. Monitoring
12.1  The Company will periodically monitor and review the effectiveness of this policy to ensure that the Company continues to work within legislative requirements as well as promoting best practice in respect of non-discrimination and equality of opportunity.

12.2  The monitoring process will allow analysis of the Company’s employment practices and will include:

• A review of selection criteria and procedures, including qualifications required, tests and methods of short-listing, interviewing and recruitment; and
• An analysis of recruitment, training and promotional records showing the essential details of candidates, source of application, decisions reached and reasons for these decisions.

12.3   To facilitate this process, the Company will maintain records of the sex, marital status, disablement and ethnic origin of all new employees and job applicants. Such records will be solely for the purpose of monitoring Equal Opportunity and the data necessary obtained as part of the normal manpower information system. Details of selection exercises including reasons for appointment/rejection will be recorded and retained for at least twelve months. Ongoing monitoring and regular analysis of the data provide the basis for taking appropriate steps to eliminate unlawful direct and indirect discrimination and implement this Policy.