Diversity, Equity and Inclusion Policy

Summary

The purpose of this policy is to communicate the Charity’s arrangements for ensuring that diversity, equity and inclusion are respected and promoted.

Implementation

This policy will be disseminated to employees and other members of the Charity via the electronic filing system and access to a shared drive.

1. Our Commitment

We are committed to creating an inclusive environment where diversity is not only recognised but celebrated. We believe that our strength lies in the unique perspectives, experiences, and backgrounds of our employees, volunteers, and the young people we serve. Our commitment to diversity, equity and inclusion (DEI) is fundamental to our core values and essential for achieving our mission. We strive to create a space where everyone belongs and feels valued, respected, and empowered to contribute fully. This policy outlines our commitment to promoting DEI within our organisation and ensuring that everyone has equal opportunities to succeed and thrive.

2. The Law

It is unlawful to discriminate directly or indirectly in recruitment or employment because of a ‘protected characteristic’. The Equality Act defines the protected characteristics as being age, disability, sex, gender reassignment, pregnancy, maternity, race (which includes colour, nationality, caste and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership.

Discrimination after employment may also be unlawful, e.g. refusing to give a reference for a reason related to one of the protected characteristics.

It is also unlawful to discriminate against or harass a member of the public or young people in the provision of services or goods or to fail to make reasonable adjustments to overcome barriers to using services caused by disability.

The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. Service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.

3. Types of Unlawful Discrimination

Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. However discrimination may be lawful if there is an occupational requirement which is core to a job role and a proportionate means of achieving a legitimate aim.

Indirect discrimination means putting in place a rule or policy or way of doing things that has a worse impact on someone with a protected characteristic than someone without one, when this cannot be objectively justified.

Harassment is where there is unwanted behaviour related to a protected characteristic (other than marriage and civil partnership, and pregnancy and maternity) which has the purpose or effect of violating someone’s dignity or which creates a hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct.

Associative discrimination is where the individual treated less favourably does not have a protected characteristic but is discriminated against because of their association with someone who does, e.g. the parent of a disabled child.

Perceptive discrimination is where the individual discriminated against or harassed does not have a protected characteristic but they are perceived to have a protected characteristic.

Third-party harassment occurs where an employee is harassed by third parties such as young people, due to a protected characteristic.

Victimisation is treating someone unfavourably because they have taken some form of action relating to the Equality Act, i.e. because they have supported a complaint or raised a grievance under the Equality Act 2010, or because they are suspected of doing so. However, an employee is not protected from victimisation if they acted maliciously or made or supported an untrue complaint.

Failure to make reasonable adjustments is where a rule or policy or way of doing things has a worse impact on someone with a protected characteristic compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the person to overcome the disadvantage.

Bullying – persistent, offensive, abusive, intimidating or insulting behaviour, abuse of power or unfair sanctions which make the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self-confidence, and which may cause them to suffer stress.

4. Equal Opportunities in Employment

We will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy. Job descriptions will avoid any unnecessary requirements (those unrelated to effective performance) that may otherwise have deterred applicants. We will base decisions on objective criteria. We will consider making reasonable adjustments in recruitment as well as in day-to-day employment.

5. Young People, Suppliers and Others

We will not discriminate unlawfully against young people using or seeking to use the services we provide. All reasonable attempts will be made to ensure staff are not discriminated against.

If you are bullied or harassed by a young person, supplier, contractor, visitor or others, or if you witness someone else being bullied or harassed, you are asked to report this to your manager who will take appropriate action.

6. Training

We will provide information and guidance to those involved in recruitment or other decision making where equal opportunities issues are likely to arise to help them understand their responsibilities and to avoid the risk of discrimination.

7. Staff & Volunteer Responsibilities

All staff are responsible for supporting the organisation in meeting its commitment and avoiding unlawful discrimination. If you believe that you have been discriminated against you should report this to your line manager under the grievance procedure. We take any complaint seriously and you will not be penalised for raising a grievance, even if your grievance is not upheld, unless your complaint is both untrue and made in bad faith.

If you witness what you believe to be discrimination, you should report this to your line manager as soon as possible. In the event that the alleged discrimination involves your line manager, you should report it to their line manager and/or one of the trustees.

Employees can be held personally liable as well as, or instead of, the organisation for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence. Acts of discrimination, harassment, bullying or victimisation against employees or customers are disciplinary offences and will be dealt with under our disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice.

8. Monitoring and Review

TRAIN will maintain records of gender, ethnic origin, age and disability for all employees and for internal and external job applicants.

This information will be collected and stored in line with the GDPR and will only be used to monitor compliance with the principles of diversity, inclusion and equity. The information will be analysed at regular intervals by Human Resources.

Where possible, and dependent on the type of service, we will also monitor the following characteristics for the people using our services:

• Age
• Disability
• Ethnicity
• Sex
• Sexual orientation

This policy will be reviewed every two years to judge its effectiveness and will be updated in accordance with changes in the law. Any information provided by job applicants and employees for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection legislation.