BPIF Training is committed to providing equal opportunities in employment and to avoiding unlawful discrimination in employment and against customers, stakeholders and apprentices.
This policy is intended to assist BPIF Training to put this commitment into practice. Compliance with this policy should also ensure that employees do not commit unlawful acts of discrimination.
Striving to ensure that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equality and diversity in employment. BPIF Training has a separate dignity at work policy, which deals with these issues.
This policy applies to all individuals involved in BPIF Training programmes including:
- All employees, servants or agents of BPIF Training
- All learners and apprentices
- All subcontractors or any third parties engaged in the delivery of learning
- Employers that we work with who provide learners for BPIF Training programmes
All of these groups will be expected to adhere to this Policy. The Policy also extends to cover behaviour in any Virtual Learning Environments, by email and other social media. Breaches of this policy will be taken seriously.
It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, sex, gender reassignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These are known as “protected characteristics”.
Discrimination after employment may also be unlawful, e.g. refusing to give a reference for a reason related to one of the protected characteristics
Staff should not discriminate against or harass a member of the public in the provision of services or goods. It is unlawful 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. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.
TYPES OF UNLAWFUL DISCRIMINATION
Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant.
Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person’s dignity; or creating an intimidating, 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 an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and pregnancy and maternity).
Perceptive discrimination is where an individual is directly discriminated against or harassed based on a perception that they have a particular protected characteristic when they do not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).
Victimisation occurs where an employee is subjected to a detriment, such as being denied a training opportunity or a promotion because they made or 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. There is no longer a need for a complainant to compare their treatment with someone who has not made or supported a complaint under the Equality Act 2010. For example, if a blind employee raises a grievance that the employer is not complying with its duty to make reasonable adjustments, and is then systematically excluded from all meetings, such behaviour could amount to victimisation.
Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.
EQUAL OPPORTUNITIES IN EMPLOYMENT
BPIF TRAINING will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy.
Person and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. Disability and personal or home commitments will not form the basis of employment decisions except where necessary.
BPIF Training will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if BPIF Training considers it has good reasons, unrelated to any protected characteristic, for doing so. BPIF Training will comply with its obligations in relation to statutory requests for contract variations. BPIF Training will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.
Equal opportunities in employment extends to the recruitment of apprentices and BPIF Training apply the same recruitment practices. BPIF Training ensure that all employers are aware of their obligation under the Equality Act 2010 in relation to recruitment and selection of apprentices.
DIGNITY AT WORK
BPIF Training has a separate dignity at work policy concerning issues of bullying and harassment on any ground, and how complaints of this type will be dealt with.
CUSTOMERS, LEARNERS, APPRENTICES AND OTHER PEOPLE NOT EMPLOYED BY THE BPIF TRAINING
BPIF Training will not discriminate unlawfully against customers and learners/apprentices using or seeking to use goods, facilities or services provided by the BPIF Training.
Employees should report any bullying or harassment by or to customers, suppliers, learners/apprentices, visitors or others to their manager who will take appropriate action.
All new staff recruited into the business are taken through a comprehensive induction period including training on equality, diversity and inclusion. All staff members are also given the staff handbook which includes detail relating the equality, diversity and inclusion practices within the BPIF Training.
BPIF Training will provide training in equal opportunities to managers and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise.
All training board meetings, as well as training management meetings and standardisation meetings have a standing agenda item for equality, diversity and inclusion which provides an opportunity to not only share good practice but identify additional training needs which will then from part of BPIF Training’s Quality Improvement Plan and also individual staff development plans
COMMUNICATION AND AWARENESS
BPIF Training will use several different ways to communicate our policy so that all our staff, learners, employers, contractors and others
- understand our commitment to equality and diversity
- understand their roles and responsibilities
- know where to seek advice and guidance
These methods will include equality and diversity being covered via
- sign up processes for new learners, and new employers
- staff training/briefing meetings
- details in learner and employer handbooks
- employee/learner/apprentice induction
- learner progress reviews
- employer briefings and newsletters
Every employee is required to assist BPIF Training to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination.
Employees can be held personally liable as well as, or instead of, BPIF Training 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 BPIF Training’s disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice.
If you consider that you may have been unlawfully discriminated against, you may use BPIF Training’s grievance procedure to make a complaint. If your complaint involves bullying or harassment, the grievance procedure is modified as set out in the dignity at work policy.
BPIF Training will take any complaint seriously and will seek to resolve any grievance that it upholds. 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.
Use of BPIF Training’s grievance procedure does not affect your right to make a complaint to an employment tribunal. Complaints to an employment tribunal must normally be made within three months beginning with the act of discrimination complained of.
MONITORING AND REVIEW
This policy will be monitored periodically by BPIF Training to judge its effectiveness and will be updated in accordance with changes in the law.
BPIF Training treats personal data collected for reviewing equality of opportunity in recruitment and selection in accordance with its data protection policy. Information about how data is used and the basis for processing is provided in BPIF Training’s job applicant privacy notice.
Routinely, BPIF Training analyse equal opportunities data, including ethnicity, age, gender and disability status to ensure all no learners are being disadvantaged. This is based on learner occupancy, progress and learner achievement. Where any potential gaps are identified, BPIF Training are proactive in ensuring that these gaps are not a result of any group of individuals being disadvantaged and actively work to narrow any gaps.