Equality, Diversity and Inclusion employee policy

1. Purpose
2. Principles
3. Scope and responsibilities
4. Making a complaint
5. Legislative context
6. Other policies
7. Appendix One: Types of discrimination

1 Purpose

1.1 Wyre Forest District Council recognises and celebrates the diverse nature of the people who live, work in, and visit the Wyre Forest District and who work for the Council, its partners, and contractor

1.2 The purpose of the Equality, Diversity and Inclusion Policy is to set out the Council’s commitment to an inclusive and supportive environment for staff, contractors and visitors to Council sites that is free from discrimination, where all are able to participate and where everyone has the opportunity to fulfil their potential. Equally, the policy sets out the Council’s expectations, where each member of staff has a responsibility to adhere to and uphold the policy.

1.3 The policy promotes positive attitudes towards inclusivity and valuing diversity. Fostering an inclusive culture helps each of us to benefit from a wider range different perspectives, experiences, and skills. We believe that this creates a happier, more productive working environment for us all. We are committed to promoting a working environment based on dignity, trust, and respect, and one that is free from discrimination, harassment, bullying or victimisation (appendix 1).

This policy seeks to ensure that all who are subject to the Council’s policies, practices and procedures are treated fairly and are not treated less favourably on the grounds of any of the protected characteristics as defined by the Equality Act 2010:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion and belief
• Sex
• Sexual orientation

1.4 The policy complies with The Worker Protection (Amendment of Equality Act 2010) Act 2023 and the council will take reasonable steps to prevent sexual harassment of its employees in the course of their employment. ‘Harassment’ covers unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.

1.5 An Equality, Diversity and Inclusion Policy is a keyway to implement the way in which the Council seeks to meet both its statutory equality responsibilities and its own aspirations for an inspirational and inclusive working environment.

2 Principles

2.1 The Council:

• is guided by its core value that people will be treated equally, fairly, and according to their needs.
• support and promotes equality of opportunity in employment and service delivery.
• will seek to eradicate all forms of unlawful discrimination on the grounds of the protected characteristics.
• accepts that it has a unique and influential position in the community as a major employer and quality service provider.
• The Council will monitor and review all service delivery plans, policies, practices, and procedures and address any areas of inequality in accordance with latest legislation, best practice, and the Council’s own Performance Management Framework.

Monitoring activity includes:

• identifying possible inequalities associated with relevant policies or functions.
• investigating the underlying causes of these inequalities.
• taking action to remove any unfairness or disadvantage.

3 Scope and responsibilities

3.1 The Corporate Leadership Team is responsible for:

• Ensuring that the Council meets its legal obligations and that everyone should be treated fairly in particular in relation to protected characteristics within the Equality Act 2010
• Zero tolerance for sexual harassment and embedding a culture promoting dignity and respect at work.
• Ensuring that an Equality Impact Assessment (EqIA) is carried out on all proposed policies and decisions where appropriate.

3.2 Managers are responsible for:

• Ensuring induction includes raising awareness of discrimination and all forms of harassment and setting clear expectations of the behaviour expected from employees throughout their employment. Employees should be given access to policies and know their rights and what steps to take if they want to make a complaint.
• Ensuring that procedures relating to staff recruitment, selection, career development, discipline and grievance are carried out in accordance with the statutory duties to promote equality and eliminate discrimination.
• Fostering a culture in which equality, diversity and inclusion considerations are embedded into their work areas.
• Ensuring that staff are encouraged and enabled to reach their full potential.
• Identifying appropriate staff development to meet the needs of their respective areas.

3.3 Human Resources are responsible for:

• Leading and supporting the Council in creating an inspirational, inclusive and diverse environment.
• Ensuring employment practices are consistent with this policy.
• In order to be a fair and equal opportunities employer, supporting managers in ensuring that procedures relating to staff recruitment, selection, career development are carried out in accordance with statutory duties and ensuring that individuals are selected and promoted according to their relevant merits and abilities.
• ensuring that all employees involved with recruitment are appropriately trained to avoid unlawful discrimination.
• ensuring that job applicants do not receive less favourable treatment, unless there is a genuine occupational requirement for a restriction being placed on a particular post (This would only be applied when all other employment options had been excluded);
• drawing job applicants from the wider labour market to ensure that a diverse range of job seekers is made aware of the opportunities with the Council. This will be achieved by communicating job opportunities to all sections of the community without discriminating or discouraging applications from any particular section.
• supporting and advising managers during discipline and grievance processes, in accordance with statutory duties to promote equality and eliminate discrimination.
• providing advice, guidance, and support on the application of this policy
• taking positive action wherever practicable to retain and redeploy existing employees who become disabled or who, on account of changes in personal circumstances, are unable to continue in their existing jobs.
• taking all complaints from employees regarding discrimination, victimisation, or harassment seriously by ensuring such incidents are investigated thoroughly and promptly. Under our disciplinary procedure breaches of this policy, including serious acts of harassment, victimisation, discrimination or verbal abuse against employees, clients, or members of the public on grounds any protected characteristics may be regarded as gross misconduct and may lead to termination of employment.
• ensuring all employees are treated fairly and equally in terms of conditions of employment and contractual rights.
• seeking advice from external support programmes, Job Centre Plus in relation to opportunities and services available for people with disabilities.
• ensuring its commitment to equality, diversity, and inclusion in all aspects of employment, recruitment selection, career development, training and promotion is maintained, and that procedures, practices and records are monitored and evaluated accordingly.
• ensuring as far as possible that the composition of our workforce reflects that of the local community and to take any steps permitted by law to help disadvantaged and under-represented groups to compete for jobs on a genuine basis of equality and inclusion.
• ensuring that all job applicants and employees receive the help they need to attain their full potential to the benefit of the Council and themselves.
• continually monitoring and seeking the views of employees from underrepresented and minority groups.
• undertaking and maintaining monitoring and regular analysis of internal records providing a basis for appropriate action to eliminate unlawful discrimination, harassment, or victimisation.
• ensuring that all employees receive equality, diversity, and inclusion training.
• establishing strong links with Trade Unions, managers, and employees in order to consult regularly and effectively when employment policy is developed and reviewed.

3.4 Employees are responsible for:

• Observing, upholding, promoting, and implementing the aims of the policy
• Contributing to a safe and inclusive environment that celebrates equality, diversity, and inclusion.
• Treating colleagues and third parties (including customers, suppliers, contractors, agency staff and consultants) fairly and with dignity, trust, and respect

3.5 Responsibilities regarding service Provision

We will:

• seek to reinforce the Council’s commitment to equality, diversity, and inclusion by providing employees with appropriate training to avoid discrimination and to promote equality, diversity, and inclusion in all our service provision.
• ensure that, wherever practicable, all public buildings and premises owned or occupied by the Council have access and other facilities for people with disabilities.
• seek to respond to any special need requirements of any particular groups.

4 Making a complaint

4.1 In relation to complaints from employees, the Council has developed the following procedures with which to support an employee’s concern:

• Grievance Procedure
• Confidential Reporting Policy (Whistle blowing)
• Dignity at Work Policy and Procedure

4.2 All complaints will be properly and fully investigated within an agreed timescale and employees, will be informed of any conclusions reached in line with the relevant policy.

5 Legislative context

5.1 The Policy is in accordance with relevant equalities related legislation, in particular the Equality Act 2010 and The Worker Protection (Amendment of Equality Act 2010) Act 2023.  As part of its responsibilities under the Act, the Council is subject to the public sector equality duty and so must have due regard to the need to:

• Eliminate discrimination, harassment, victimisation, and any conduct that is prohibited by or under the Act.
• Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.
• Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

6 Other policies

6.1 Other policies to be read in conjunction with the Equality, Diversity and Inclusion Policy are:

• Employee code of conduct
• Grievance Policy and Procedure
• Disciplinary Policy and Procedure
• Dignity at work Policy and Procedure

This list is not exhaustive.

Appendix One: Types of discrimination

There are various types of discrimination prohibited by this policy. The main types are:

1 Direct discrimination

Direct discrimination occurs where one person is treated less favourably than another because of a protected characteristic set out in this policy. By way of example, refusing to promote a pregnant employee on the basis that she is shortly due to go on maternity leave would be direct discrimination on the protected characteristic of the employee's sex. Other types of direct discrimination are:

1.1 Associative discrimination

This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. For example, an employee is discriminated against because his/her son is disabled.

1.2 Perceptive discrimination

This is direct discrimination against an individual because others think they possess a particular protected characteristic. For example, where co-workers believe the individual is gay. It applies even if the person does not actually possess that characteristic.

2 Indirect discrimination

Indirect discrimination occurs when an unjustifiable requirement or condition is applied, which appears to be the same for all, but which has a disproportionate, adverse effect on one group of people. This is discrimination even though there was no intention to discriminate. For example, a requirement for UK based qualifications could disadvantage applicants who have obtained their qualifications outside of the UK; this could amount to indirect discrimination on the grounds of race.

3 Victimisation

Victimisation is where an employee is treated less favourably than others because they have asserted legal rights against the organisation or assisted a colleague in doing so. For example, victimisation may occur where an employee has raised a genuine grievance against the council and is demoted as a result.

4 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.”

Sexual harassment is unwanted conduct of a sexual nature that has that effect. Examples include, sexually offensive jokes, displaying/sharing pornographic or sexual images and touching someone against their will, for example hugging them. 

It is important to remember that it is not the intention of the harasser but how the recipient perceives their behaviour, which determines whether harassment has occurred.