EQUAL OPPORTUNITIES POLICY

1.     general

1.1 The Learning Stage is committed to a policy of equal opportunities for all employees, consultants, workers and applicants and shall adhere to such a policy at all times and will review on an on-going basis all aspects of recruitment to avoid unlawful or undesirable discrimination. The Learning Stage will treat everyone equally irrespective of sex, sexual orientation, marital status, age, disability, race, colour, ethnic or national origin, religion, political beliefs or membership or non-membership of a Trade Union and places an obligation upon all staff to respect and act in accordance with the policy. The Learning Stage is committed to providing training for its staff in equal opportunities practice.

1.2 The Learning Stage shall not discriminate unlawfully when deciding which candidate/temporary worker is submitted for a job or assignment, or in any terms of employment or terms of engagement for consultants or temporary workers. The Learning Stage will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualification and ability to perform the relevant duties required by the particular job or assignment.

1.3 The Learning Stage will not accept instructions from clients that indicate an intention to discriminate unlawfully.

1.4 The Learning Stage will circulate this policy electronically and in hard copy (with special provision if required in the case of visual impairment) to all its staff, full and part time workers and consultants.   It will do this on appointment, during induction training and on every occasion the policy is reviewed or updated in the light of new legislation or further opportunities for improvement.  The policy shall form part of the company’s course materials within all appropriate staff and consultant’s ongoing internal training and development programmes.

1.5 The senior manager responsible for the implementation of and the adherence to this policy is Tony Smee for The Learning Stage.  

2.     sex and race discrimination

Unlawful sex or race discrimination occurs in the following circumstances:

2.1 direct discrimination

Under the Sex Discrimination Act 1975 and the Race Relations Act 1976 direct discrimination occurs where one individual treats another individual less favourably on grounds of their sex or race than he treats or would treat other persons.

It is unlawful for a training and development organisation to discriminate against a person on the grounds of their sex, colour, race, nationality, ethnic or national origins;

• in the terms on which the organisation offers to provide any of its services;
• by refusing or omitting to provide any of its services;
• in the way it provides any of its services.

Direct discrimination would also occur if a training organisation accepted and acted upon a requirement from a client which states that certain persons are unacceptable through their sex, colour, race, nationality, or ethnic or national origins, unless a legal exception applies.

2.2 indirect discrimination

A claim of indirect discrimination arises when an employer applies a requirement or general condition where the proportion of persons from one gender or racial group who can comply with it is smaller than the proportion of persons not of that gender or racial group who can comply with it.

Indirect discrimination would also occur if a training organisation accepted and acted upon an indirectly discriminatory instruction from a client.

The Learning Stage will not discriminate unlawfully in any terms of employment or terms of engagement when selecting consultants, candidates or temporary workers for submission to clients for any assignment.

If an opportunity within any proposed contract falls within the definition of a genuine occupational qualification or any other statutory exception The Learning Stage will not deal further with the prospective client unless the client can provide written evidence confirming the genuine occupational qualification.

3. disability discrimination

Under the Disability Discrimination Act 1995, disability discrimination occurs if for a reason relating to the disabled person's disability, an individual;

• treats him less favourably than he treats, or would treat others to whom that reason does not or would not apply, and,

• the employer cannot show that the treatment in question is justified.

The Learning Stage will not discriminate against a disabled job applicant or employee on the grounds of disability;

• in the arrangements i.e. application form, interview and arrangements for selection for determining to whom a job should be offered; or

• in the terms on which employment or engagement of temporary workers is offered; or
• by refusing to offer, or deliberately not offering the disabled person a job for reasons connected with their disability; or
• in the opportunities afforded to the person for receiving any benefit, or by refusing to afford, or deliberately not affording him or her any such opportunity; or
• by subjecting him or her to any other detriment (detriment will include refusal of training ,transfer, demotion, reduction of wage; or harassment).

The Learning Stage will accordingly make career opportunities available to all people with disabilities and every practical effort will be made to provide for the needs of staff, candidates and clients.

Wherever possible The Learning Stage will make all feasible provision and reasonable adjustments to hallways, passages and doors in order to provide and improve means of access for disabled employees, workers and clients.

4. age discrimination

4.1 The Learning Stage is committed to recruiting and retaining employees and consultants whose skills, experience, and attitude are appropriate to the requirements of their various positions or assignments regardless of age.

4.2 No age requirements will be stated in any job advertisements on behalf of the company.  The Learning Stage will request age as part of its recruitment process but that information will not be used in any detrimental way and is for compilation of personal data, which the company holds on all employees and workers.

4.3 The Learning Stage will encourage clients to whom we provide training and development courses not to include any age or other subjective criteria in training specifications.  Every attempt will be made to persuade clients to select candidates for training on the basis of need, competence or skill levels and not age.

5. part-time workers

This Equal Opportunities Policy also covers the treatment of those employees and workers who work on a part-time basis. The Learning Stage 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 and domestic incident leave and access to The Learning Stage’s pension scheme. The Learning Stage also recognises that part time employees must be treated the same as full time employees in relation to training and redundancy situations.

6. harassment and victimisation

6.1 The Learning Stage is committed to providing a work environment free from unlawful harassment.   Harassment because of race, colour, creed, sex, sexual orientation, marital status, national origin or ancestry, physical or mental disability, age or religion or any other basis protected by legislation is unlawful and will not be tolerated.

6.2 This policy prohibits unlawful harassment by any employee or worker of The Learning Stage.

6.3 Examples of prohibited harassment are:

6.3.1 Verbal or written conduct containing derogatory jokes or comments,

6.3.2 Slurs or unwanted sexual advances,

6.3.3 Visual conduct such as derogatory or sexually orientated posters, photographs, cartoons, drawings or gestures,

6.3.4 Physical conduct such as assault, unwanted touching, or any interference because of sex, race or any other protected basis,

6.3.5 Threats or demands to submit to sexual requests as a condition of continued employment or to avoid some other loss, and offers of employment benefits in return for sexual favours,

6.3.6 Retaliation for having reported or threatened to report harassment.

6.4 If you believe that you have been unlawfully harassed or victimised, you should make an immediate report to Tony Smee, followed by a written complaint as soon as possible after the incident. Your complaint should include:

• Details of the incident
• The name or names of the individual or individuals involved
• The name or names of any witness or witnesses

6.5 The Learning Stage will undertake a thorough investigation of the allegations. If it is concluded that unlawful harassment or victimisation has occurred, remedial action will be taken.

6.6 Any employee who The Learning Stage finds to be responsible for unlawful harassment or victimisation will be subject to the disciplinary procedure and any sanction may include termination. [A person who discriminates or harasses may be liable for payment of damages to the person offended, in addition to any damages payable by The Learning Stage should it have been found to have failed to ensure the practice ceased forthwith. Under the Criminal Justice Act 1994, harassment became a criminal offence, punishable by a fine of up to £5,000 and/or a prison term of up to 6 months. Under the Protection from Harassment Act 1997, the penalties for aggravated harassment are an unlimited fine and/or 5 years imprisonment.]

 

7. gender reassignment policy

7.1 The Learning Stage recognises that any employee or worker may wish to change their gender during the course of their employment with the Company.

7.2 The Learning Stage will support any employee or worker through the reassignment provided that full medical counselling has been undertaken and The Learning Stage has access to any relevant medical reports.

7.3 The Learning Stage will make every effort to try and protect the employee or worker undergoing reassignment within the work place.

7.4 All employees and workers will be expected to comply with The Learning Stage’s policy on harassment in the workplace. Any breach of such a policy will lead to the appropriate disciplinary sanction.

7.5 Where an employee is engaged in work where the gender change imposes genuine problems The Learning Stage will make every effort to reassign the employee or worker to an alternative role in the Company.

7.6 Any employee or worker suffering discrimination as the result of their gender reassignment should make recourse to the Company’s grievance procedure.

7.7 Any discrimination complaint will be investigated fully.

 

8. complaints and monitoring procedures

The Learning Stage has in place procedures for dealing with complaints of discrimination, harassment, victimisation or other forms of grievance.  Anyone with any concern arising from any of the above issues should address themselves without delay to the managing director Tony Smee.