Diversity, Equity and Inclusion Policy

Purpose

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The Policy’s purpose is to provide equality, fairness, and respect for all in our employment, whether temporary, part-time, or full-time. We treat job applicants and employees in the same way regardless of their sex, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity, age, race, religion and belief and disability.  We oppose and avoid all forms of unlawful discrimination. This includes dealing with grievances and discipline, dismissal, redundancy, leave for parents, requests for flexible working, selection for employment, promotion, training, or other developmental opportunities.

This policy does not form part of an employee’s contract of employment and Wilson Vale Catering may amend this policy at any time.

The organisation commits to:

• Encourage equality, diversity, and inclusion in the workplace as they are good practice and make business sense.

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• Create a working environment free of bullying, harassment, victimisation, and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of all staff are recognised and valued. This commitment includes inducting Managers and all other employees about their rights and responsibilities under the equality, diversity, and inclusion policy. Responsibilities include employees conducting themselves to help the organisation provide equal opportunities, and prevent bullying, harassment, victimisation, and unlawful discrimination.

• All employees 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.

• Take seriously complaints of bullying, harassment, victimisation and unlawful discrimination by fellow employees, customers, suppliers, visitors, the public and any others in the course of the organisation’s work activities.  Such acts will be dealt with as misconduct under the organisation’s grievance and/or disciplinary procedures, and appropriate action will be taken. Particularly serious complaints could amount to gross misconduct and lead to dismissal without notice.

• Make opportunities for training, development and progress available to all staff, who will be helped and encouraged to develop their full potential, so their talents and resources can be fully utilised to maximise the efficiency of the organisation.

• Decisions concerning employees being based on merit (apart from in any necessary and limited exemptions and exceptions allowed under the Equality Act).

• Review employment practices and procedures when necessary to ensure fairness, and also    update them and this policy to take account of changes in the law.

Definitions

Protected characteristics

Equality legislation offers protection to people with a protected characteristic. For clarity these are listed below:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race (Including colour, ethnic or national origin or nationality)

• Religion or belief

• Gender

• Sexual orientation

Types of Discrimination

There are several types of discrimination. The following are the types of discrimination that this policy aims to avoid:

Direct Discrimination

This occurs when a person is treated less favourably because of a protected characteristic that they have (or are thought to have - see ‘Perceptive discrimination’ below). For example, making decisions about whether someone should be offered, or not offered a job, because of a protected characteristic or treating colleagues or customers differently because of a protected characteristic.

Associative Discrimination

Direct discrimination (above) can also occur by way of association, which is when a person is treated less favourably because, for example, their spouse, civil partner or relative has a protected characteristic.

Indirect Discrimination

This occurs when a provision, criterion or practice is applied to everyone, but has a disproportionate adverse impact on people with a particular protected characteristic. For example:

• Introducing a ‘no headwear’ policy for all employees. The policy, although applied to all employees, disadvantages Sikh employees who wear turbans for religious reasons.

• Asking for excessive years of experience when advertising for a position could indirectly discriminate against those of a younger age who would be physically unable to have that length of experience.

To be justified the provision, criterion, or practice must be necessary for legitimate business reasons in circumstances where less discriminatory alternatives are not reasonably available.

Victimisation

Victimisation is treating a person unfavourably because the person has made a complaint, acted as a witness to a complaint or initiated proceedings connected with a complaint of discrimination. Victimisation is also in itself a form of unlawful discrimination.

Wilson Vale Catering will take all reasonable steps to ensure that employees are protected against victimisation, and it is unlawful and a disciplinary offence to victimise an employee for bringing a complaint in accordance with the policy.

Harassment

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.

Employees can complain of harassment even if they don’t personally possess the protected characteristic or the harassment is not directed at them. Employees should also notify Wilson Vale Catering of any harassment by a third party who is not an employee.  Wilson Vale Catering will take all reasonable steps to ensure that employees are protected against harassment, and it will be a disciplinary offence to harass an employee. Where harassment is related to a protected characteristic it will also be unlawful.

It is not possible to provide a complete list of conduct which amounts to harassment. The following are examples of the type of conduct which will not be tolerated:

Sexual Harassment

Sexual harassment takes many forms, from relatively mild sexual banter to actual physical violence.

Employees may not always realise that their behaviour constitutes sexual harassment, but they must recognise that what is acceptable to one person may not be acceptable to another. Sexual harassment is unwanted behaviour of a sexual nature by one employee towards another. Examples would include:

• Physical conduct of a sexual nature including unwanted physical contact, including unnecessary touching, or brushing against another employee’s body, assault or coercing sexual intercourse.

• Verbal conduct of a sexual nature including unwelcome sexual advances, invitations for social activities outside the workplace when these are unwelcome, offensive flirtations, suggestive remarks, insensitive jokes and pranks, innuendoes, lewd comments, or foul language.

• Non-verbal conduct of a sexual nature including the display of pornographic pictures or materials (although this will not normally include mildly suggestive images in wide circulation such as in the national press), leering, wolf-whistling, or making sexually suggestive gestures. This includes any such type of material of a sexual nature displayed on any social media platforms or online.

Harassment on the Grounds of Sexual Orientation

This occurs, on the ground of sexual orientation, when a person engages in unwanted conduct which has the effect of violating another person’s dignity or creates a hostile, degrading, humiliating or offensive environment for that person. Conduct that ridicules or is intimidatory or physically abusive of an employee because of their sexual orientation, such as derogatory or degrading abuse or insults, which are based on sexual orientation or offensive comments about appearance.

Racial Harassment

This would include conduct which ridicules or is intimidatory or is physically abusive to an employee because of their race. Examples would include:

• Derogatory, degrading, or abusive insults which are related to a person’s race

• Offensive comments about dress or appearance

• Non-verbal comments of a racial nature including the display of racial offensive pictures or materials.

Disability Harassment

Disability based conduct including conduct which ridicules or is intimidating or is physically abusive of an employee because of their disability, such as derogatory or degrading abuse or insults that are related to the person’s disability and offensive comments about appearance.

Harassment on the Grounds of Religion, Belief or Age

This occurs, on the grounds of religion or belief, when a person engages in unwanted conduct or subjects another person to unwanted conduct which has the effect of violating another person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person. Harassment can be conduct those ridicules or is intimidatory or physically abusive of an employee because of their religion, belief, or age.

Bullying

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Bullying at work is defined as behaviour that is:

• threatening, aggressive or intimidating.

• abusive, insulting, or offensive.

• cruel or vindictive; or

• humiliating, degrading, or demeaning.

Legitimate, reasonable and constructive criticism of an employee's performance or behaviour, or reasonable instructions given to an employee in the course of their employment will not, on their own, amount to bullying.

Training and Development

Everyone must have access to learning and development opportunities. These opportunities will be provided based on individual and organisational need.

Managers must ensure all documentation relating to participation in learning activities is completed. If they have responsibility for selecting employees for training, they have a duty not to discriminate on the grounds referred to above.

Employees will be given opportunities for promotion and career progression within the business depending on job related competencies (as laid down in the agreed role profile) qualifications, abilities, skills training, and experience, and in accordance with the future needs of the business.

Training on Diversity and Inclusion is available to all employees and Managers.

Disciplinary and Grievance

Ensure that all disciplinary and grievance cases are conducted in accordance with the relevant policies:

• Diversity and Inclusion Policy

• Grievance Policy

• Disciplinary Policy

Complaints Procedure

If an employee believes that they are the subject of discrimination, intimidation, or harassment, that employee should in the first instance request that the person responsible stop the offending behaviour.  If the offending behaviour continues, is particularly serious or affects an employee’s employment, or the employee feels unable to approach the person they believe to be discriminating, intimidating, or harassing them, the employee should follow the Company’s grievance procedure.

In a similar way, if any employee believes that they have been subjected to bullying for any reason, they should follow the Company’s grievance procedure.

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If the individual concerned is not an employee i.e. an external party or a customer, the employee should raise this with their Manager in the first instance. Be assured that all complaints will be taken seriously.

Please see below the recommended process for managing a case of perceived discrimination, harassment, or bullying:

• Speak to a Manager, making a note of when they first raised concerns.

• Take a colleague for support if necessary.

• Ask the Manager what steps they are going to take and when they can expect to hear from them.

• If they do not believe they have been taken seriously then escalate the complaint to the next level.

• In the event of a conflict, contact a HR Representative directly.

• Avoid discussing the complaint with others apart from the trusted colleague.

• Wilson Vale Catering will commit to ensuring that employees will not be at a detriment for raising concerns.

Any employee who is found to have committed an act of discrimination, or breached this policy in any other way, will be subject to action under the Wilson Vale Catering Disciplinary Policy, up to and including dismissal.

Wilson Vale Catering will also take seriously any malicious or, in its opinion, unwarranted allegations of discrimination and will take appropriate action, disciplinary or otherwise, where necessary. Unfounded complaints, which are not upheld, but made in good faith, will not be subject to disciplinary action. All parties concerned are obliged not to discuss the matters under investigation either with each other or any other person not directly related to the investigation.

Recruitment and Selection

The recruitment and selection procedures will be free from bias or discrimination. Recruitment procedures will be conducted objectively and will be based upon specific and reasonable job-related criteria. Decisions regarding an individual’s suitability for a particular role will be based on aptitude and ability.

To ensure all Recruitment and Selection decisions adhere to the specific legislation, the following guidelines should be followed:

• Advertise so that the widest possible pool of applicants is reached.

• Ensure procedures and decisions are supported by documentation based on job     requirements.

• Ensure that interviews and other selection methods are conducted fairly and consistently, and outcomes recorded.

• Interviewers will be trained and be equipped with the necessary skills to enable them to collect objective evidence and use standards or specific criteria which are consistent for the role.

• Take all reasonable steps to make recruitment decisions based on ability and qualification without regard to protected characteristics. No decision will be made which cannot be objectively justified.

• Selection will be based on the job requirements and the individual’s suitability and ability to do, or train for, the job in question. All applicants will be treated equally.

• No assumptions will be made about an individual’s ability to perform tasks and decisions will be made based on the information available.

Wilson Vale Catering will consider making appropriate reasonable adjustments to the recruitment process to ensure that disabled applicants are not substantially disadvantaged.