Policy Statement

EPS is opposed to any form of unfair discrimination and is publicly committed to be an equal opportunity employer. Additionally EPS recognises that its employment practices have to accord with the requirements and intent of the Rehabilitation of Offenders Act 1974, the Sex Discrimination Act 1975, the Race Relations Act 1976, Race Relations Amendment Act 2000, Disability Discrimination Act 1995 and Section 75. In summary EPS, in its personnel management is committed to the elimination of unfair discrimination, to the establishment of equal opportunity and to the development of policies and practices to ensure these objectives.
The objective of this Policy is to eliminate discrimination in employment practices by disregarding assumptions or preferences which are not strictly job-related, whether in selection for appointment, promotion or transfer, or in the application of service conditions. In pursuit of this objective EPS will seek to ensure that its employment practices and procedures follow the codes of practice of the Equal Opportunities Commission and the Commission for Racial Equality , that managers and supervisors are made fully aware of their responsibility and that the operation of the Policy is regularly monitored and reviewed.
The Managing Director has overall responsibility for ensuring that this Policy is operated effectively. Managers/Supervisors must ensure that all employees are aware of their responsibility not to discriminate unfairly and every employee must ensure that he or she does not practice unfair discrimination in carrying out his/her duties.
EPS will examine and regularly review employment practices, procedures and decision-making criteria to ensure that they do not discriminate unfairly, either directly or indirectly. It is recognised that if the objectives of such examination and review are to be achieved it will be necessary to conduct some analysis of current employment structure in order to establish a base line.
EPS recognises the importance of training as a key element in the promotion of equal opportunities. Accordingly training/guidance will be given to managers and supervising staff to ensure that they fully understand their responsibilities under the law as well as under the EPS’s Policy. Such training/guidance is seen to be especially important for those staff involved in selection and promotion.
In its recruitment and selection of employees the EPS will seek to ensure that there is the widest possible response to employment vacancies. To this end EPS will take appropriate steps to ensure that members of disadvantaged groups are aware that it is an equal opportunities employer.   EPS will take reasonable steps to bring advertisements to the attention of disadvantaged groups.
It is recognised that recruitment and selection processes are of crucial importance to the promotion of equal opportunities and that these processes must be carried out according to objective, job-related criteria which do not give rise to discriminatory practices but result in appointments based on merit, qualification and experience that ensure EPS’s ability to perform its duties.
EPS will endeavour to ensure, in the induction of new employees, that proper account is taken of factors that can prevent effective communication with employees who are members of racial minorities. Induction arrangements and general communication procedures (particularly those which relate to health and safety) will therefore ensure that such information given is clearly understood by all.
It is in EPS’s interest to provide opportunities for training and promotion for all its employees. In support of this Policy, managers and supervising staff responsible for appraising the performance and potential of employees, identifying training needs, and promotion selection procedures, will ensure that their decisions are based on objective job-related criteria and do not give rise to unfair discrimination.
EPS notes that Section 48 of the Sex Discrimination Act allows for training and encouragement where few or no members of one sex have been doing particular work in the preceding 12 months; and that Section 38 of the Race Relations Act allows for similar measures where a racial group has been under-represented in particular work during the previous 12 months. Where appropriate EPS will take advantage of these provisions.
EPS will ensure that conditions of service, which do not in themselves discriminate against disadvantaged groups, are applied fairly to all employees. If any member of a disadvantaged group so requests, EPS will seek to resolve any problems about conditions. In matters of discipline EPS will take account of cultural background, and any communication or comprehension difficulties experienced by employees. If an employee considers that he/she has been discriminated against in relation to recruitment, selection, training, promotion or in the application of conditions of service, he/she should make use of the appropriate grievance procedure. The use of the grievance procedure will not, of course, remove the individual's right to refer his/her case to an Employment Tribunal. All employees shall be liable to disciplinary procedures if they discriminate against job applicants or staff.
EPS recognises that proper assessment of the effectiveness of this Policy will only be achieved by regular review and analysis of decisions taken in the field of personnel management. The Managing Director will accordingly devise systems of monitoring which facilitate effective analysis of employment decisions.
EPS is committed to promoting diversity and practising equality of opportunity.  One of our core values is the ‘promotion of equality, diversity, mutual respect and understanding’.  EPS aims to create a culture and environment for staff to be treated equitably regardless of race, ethnic origin, nationality, gender, disability, age, religion, sexual orientation, marital or parental status, political belief or social/economic group.

We want to build an institution that is truly inclusive; that understands, appreciates and values the diversity of each individual and incorporates measures that make people feel valued and able to participate and achieve their full potential.

Diversity is one of our strengths. EPS is committed to tackling discrimination and promoting equality of opportunity, good race relations and providing an inclusive and accessible environment. 

Implementation

This policy covers all areas of staff life at EPS. 

It ensures that the provisions of all equalities legislation are met in full, in particular the Race Relations (Amendment) Act 2000,the Disability Discrimination Act 1995 (Amendment) Regulations 2003; Special Educational Needs and Disability Act October 2002, Employment Equality (Religion or Belief and Sexual Orientation) Regulations 2003 and Sex Discrimination Act 1975 (as amended).  

EPS will make efforts to ensure the appropriate confidentiality of procedures and information management systems to protect sensitive personal data in accordance with the Data Protection Act 1988.

The following are more detailed statements relating to specific areas covered by EPS’s policy.

Race

• EPS recognises its general duty under the Race Relations (Amendment) Act 2000 to promote race equality. In carrying out our functions, we will have due regard to eliminating unlawful discrimination and promoting good race relations between persons of different racial groups.
• We will create a positive, inclusive atmosphere, based on respect for people’s differences, and show commitment to challenging and preventing racism and discrimination.
• We will proactively tackle any differences between racial groups in the treatment/success of the following: For staff - recruitment/selection, promotion/progression and retention.

Gender

• We will continue to monitor and implement schemes to ensure suitability for assessing equal pay for work of equal value.
• We will maintain and extend flexible work practices and support to help individuals achieve an appropriate balance between work and their lives outside work.

Disability

The term 'disabilities' covers a wide range of conditions including physical and mobility difficulties, deaf and hard of hearing, blind and partially sighted, specific learning difficulties including dyslexia, medical conditions and mental health problems. Some
disabilities may be long-term, others may be temporary.

EPS has disability policies for staff that set out EPS’s commitment to both potential and actual staff with single or multiple disabilities and provide a framework to ensure that EPS offers a supportive environment for any employee with a disability. Specifically:

• We are committed to taking positive action to welcome persons with a disability and to enable them to reach their full potential.
• We will meet our statutory requirements under the DDA not to discriminate against persons with a disability either in the process of recruitment or whilst employed at EPS.
• Staff are provided with many opportunities to disclose a disability and access support.

Sexual Orientation

Within the Regulations sexual orientation is defined as – Orientation towards persons of the same sex (lesbians and gay men), Orientation towards persons of the opposite sex (heterosexual) or Orientation towards persons of the same sex and the opposite sex (bisexual)

Staff will respect the sensitivity of individuals’ sexual orientation in order that all may feel welcome and safe in their workplace and the dignity of all is respected. Specifically:

• Staff will not discriminate, harass or victimise anyone because of their actual or perceived sexuality.
• EPS will raise awareness of sexual orientation issues amongst staff
• RELIGION OR BELIEF

Religion or belief is not explicitly defined in the Regulations but is taken to include collective worship, a clear belief system, a profound belief affecting the way of life/view of the world. The Regulations also cover those without religious or similar beliefs.

• Staff will not discriminate, harass or victimise others because they follow, are perceived to follow, or do not follow a particular (or any) religion or belief.

Age

‘Age diversity at work’ means employing people of all ages and not discriminating against someone because of how old they are.  EPS is committed to:

• Encouraging people from all age groups to apply for jobs; seeking a mixed age workforce; ensuring that people of all ages take up learning and development opportunities and that this is monitored. EPS will also ensure that promotion routes are based on ability, judged in terms of measurable performance and that there is an agreed, flexible and fair retirement policy, which all staff know about.

Harassment

Harassment is defined as unwarranted, unwelcome and uninvited behaviour, which is intimidating, humiliating, degrading, offensive or distressing to the recipient/s. Sexual, racial and/or disability harassment occurs when the harassment is motivated by or related to the sex, race, or disability of the recipient.  Bullying is also a form of harassment and can be defined as the persistent demeaning of staff or students through malicious or insulting behaviour, which attempts to undermine an individual or group of employees causing them to suffer stress.

EPS as a Harassment Complaints Policy Statement and Procedure which is for use by staff in all cases of harassment and bullying. Specifically, EPS aims to achieve a culture of mutual respect which is free from harassment and to foster this by ensuring that:

• Staff can challenge all forms of harassment and bullying.
• Incidents can be dealt with quickly and effectively.
• Individuals have the confidence and support to bring complaints without fear of ridicule or reprisal.
• everyone takes a personal responsibility to ensure that the dignity of staff is not abused or demeaned.

All staff receive a copy of the policy with their employment contract. 

Responsibility & Implementation

The Managing Director has ultimate responsibility for the development and implementation of diversity and equal opportunities policies.

• Each member of staff has responsibility to support the implementation of this policy. EPS’s grievance and disciplinary procedures for staff will be used if necessary to deal with complaints about breach of the policy.

EPS expects all members of staff to behave in an appropriate manner; in particular all employees are expected to:

• comply with their contract and terms and conditions of employment
• fulfil the duties of their post as reasonably required by their line manager.
• observe relevant rules, regulations, codes of practice and policy statements
• comply with health and safety, data protection and other relevant legal requirements.

The aim of this procedure is to provide a consistent and fair mechanism for the application of disciplinary measures against a member of staff whose behaviour is deemed or found to be unacceptable. It is part of a manager's role to supervise staff, investigate problems and provide help and support as necessary. In most cases where mistakes are made by a member of staff, or where their work or performance is unsatisfactory, it should be possible to resolve the problem without the need to invoke formal disciplinary action. However, where disciplinary action becomes necessary, this procedure must be followed.

Scope

This procedure is applicable to all staff on permanent or fixed-term appointments.
For staff on short-term temporary contracts, EPS reserves the right to shorten this procedure where appropriate and having regard to the seriousness of the offence and the length of the employee’s contract. INFORMAL ACTION (not part of the disciplinary procedure)
Whether to take informal action, which is not part of the disciplinary procedure or to invoke the formal disciplinary procedure outlined below will depend on a number of factors. These may include whether or not there have been any previous problems, the nature and/or seriousness of the offence, its effect on the work of EPS, health & safety implications and whether efforts are being made to improve and to sustain the improvement over a period of time.

Where conduct is causing concern, but is not so serious as to warrant disciplinary action at the time, the manager’s first step should be to discuss the problem with the employee concerned. Such discussions do not constitute part of the formal disciplinary procedure, and should take the form of an attempt to identify the nature of the problem, its causes and possible solutions. This is in the employee’s best interests as it is an attempt to prevent a problem becoming a matter for formal disciplinary action. A brief note of the meeting, stating the reason for it and any agreed action, should be kept on file, and copied to the employee; such a note does not constitute a warning, but is a record of the discussion. It is not normally expected that the employee would be accompanied at such discussions.If such informal action does not resolve the problem, then formal disciplinary action should be considered.

General principles

Proceedings under this policy will be confidential between the employee, the employee’s representative when involved, and the managers involved in the disciplinary process. The outcome will not be revealed to any other parties save that a disciplinary sanction, whilst on the individual’s file, may be included in a reference provided on behalf of the employee. If the matter has arisen from a grievance, the complainant will normally be informed of the action that management has taken but not the extent of any disciplinary penalty imposed. All paperwork will be retained in a confidential manner with the employee’s personal file.

A disciplinary matter will be investigated and any hearing held without unreasonable delay. If a delay is unavoidable then the employee will be kept informed of the position.

An employee has the right to be accompanied by a staff representative, or work colleague of his/her choice during any disciplinary or appeal hearing.

The circumstances of each case must be fully investigated.

An employee will be advised of the case against them and be given the opportunity to state their case in full.

Where there is a complaint regarding competence or capability, an employee will be given every reasonable opportunity to meet the required standard through counselling, training and/or other forms of support.

An employee may not be dismissed for a first offence, or without at least one prior written warning, except in the case of gross misconduct.

An employee will have the right to appeal against any disciplinary penalty. Appeals will not be heard by anybody involved in the earlier stages of disciplinary action.

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