EQUAL OPPORTUNITIES POLICY
Policy Statement
At LCPS we are fully committed to ensuring that our equal opportunities policy is practiced throughout the College, that every member of staff can develop their potential, is made welcome, comfortable and has equal access to all services and facilities.
We seek to employ a workforce that reflects the diverse community at large because we value the individual contribution of people, irrespective of race, colour, nationality, ethnic origin, sex, marital status, disability, religion, political belief, socio-economic background, parental status, trade union membership, sexual orientation, and age, and recognise that a diverse workforce enriches the organisation.
This policy is designed to build on our principles of equality of opportunity. It covers current employees who may become disabled, potential recruits and staff who may already have a disability. Its success depends on everyone in the organisation working to make the policy a reality, especially those with management responsibilities.
Definition of Disability
To this policy, disability is broadly defined as a physical or mental impairment which as a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities.
Legislation
The Disability Discrimination Act (DDA) 1995 makes it unlawful to discriminate against disabled people in employment, getting goods and services, and buying or renting land or property. The Act requires schools, colleges, and universities to provide information for disabled people.
The DDA takes the approach that employers and service providers must look specifically at the person’s disability and identify, how, if practicable, they can ensure that the disabled person is treated as favourably as everybody else. The law is in place to promote equal rights and fair treatment.
The Special Educational Needs and Disability Act came into force in 2002. This removed the educational exemption making it unlawful for institutions to discriminate in admissions and enrolments, provision of student services and exclusions.
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Definition of disability under the Act
A person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
- “substantial” is defined as “more than minor or trivial”.
- “long-term effect” is defined as lasting more than a year (12 months or more).
- Medical conditions including mental health issues are covered under the Act.
The College complies with this legislative definition, but it also defines disability as the loss or limitation of opportunities that prevent people who have impairments, from taking part in the life of the community as equal, due to physical and social barriers.
Responsibilities
Everyone working at LCPS has a responsibility to ensure that they do not unfairly discriminate against or offend someone else on the grounds of disability. If in doubt about what constitutes appropriate behaviour, seek advice and guidance from your HR Manager. Training will be given where appropriate.
Anyone found to have unfairly discriminated against a person on the grounds of disability will be subject to disciplinary action or in the case of self-employed freelancers, termination of contracts.
Implementation
The Director has overall responsibility for the formulation, implementation and monitoring of the policy which is approved and supported by the Council. LCPS is committed to a programme of action to ensure that this policy is effective by:
- Advising the College’s Senior Management, other appropriate members of staff and committees of the College in matters of equal opportunities in employment.
- Providing training and/or guidance in the equal opportunities policy and those provisions, relevant to their responsibilities, of the Equal Opportunities Legislation detailed below.
- Stating on relevant material that it is an equal opportunityemployer.
- Ensuring that all material will be consistent with the College’s equal opportunities policy.
- Issuing each member of staff with a copy of this statement.
- Including a reference to the equal opportunities policy in terms and conditions of employment and asking new employees to confirm that they have read the policy as part of their terms and conditions of employment.
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The Employment Equality (Age) Regulations (2006)
These regulations have been introduced to ensure age equality within recruitment, selection, promotion, training and development, redundancy, and retirement practices. This means that it is essential for organisations not to recruit, select, promote, develop, nor make individuals redundant based on age. In terms of retirement practices, mandatory retirement ages below 65 years will be outlawed, those under the age of 65 may retire early if they wish and should those individuals over the age of 65 wish to continue working, then they have the right to request this. LCPS has ensured that this legislation is reflected throughout the organisation and is inherent within its policies and procedures.
The Employment Equality (Sexual Orientation) Regulations (2003)
These regulations stipulate that it is unlawful for someone to be treated less favourably in the workplace because of their sexual orientation, their perceived sexual orientation of because they associate with someone of a particular sexual orientation. Sexual orientation is defined as either having a sexual attraction towards persons of the same sex, persons of the opposite sex or persons of both sexes. The implications of these Regulations are for LCPS to ensure it does not discriminate against employees or job applicants based on their sexual orientation.
The Employment Equality (Religion or Belief) Regulations (2003)
In a similar way to the above, it is unlawful to treat employees of job workers less favourably because they follow, are perceived to follow, or do not follow a (or any) religion, religious belief, or similar philosophical belief.
Race Relations (Amendment) Act (2000) – RRAA
The RRAA came into force in April 2001 and amended the Race Relations Act 1976. The amended Act takes equality requirements one step further under the law than other earlier Equal Opportunities legislation. This is because it places a positive duty on organisations to promote equality as well as ensuring employment practices are non-discriminatory.
Organisations must ensure that racial equality is a fundamental part of strategic planning and management processes. Steps must be taken to ensure all systems and procedures comply with the legislation and action must be taken to endanger change where necessary. Organisations must collect data and analyse and assess it against publicly available benchmarks to measure performance and effectiveness and to identify how the organisation might improve.
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Human Rights Act (1998)
The Human Rights Act came into force on 2nd October 2000 and covers 16 basic human rights. These range from freedom from torture and killing to individual rights in everyday life. The Act also covers the right not to be treated differently because of your race, religion, sex, political views, or any other status, unless it can be objectively justified.
Sex Discrimination Act (1975, amended 1986, extended 1999) and Equal Pay Act (1970)
These Acts require that employers do not discriminate, either directly or indirectly, between men and women, or married and unmarried people, in recruitment or in any other way in their treatment of employees.
Equal treatment, in respect of pay, terms of contract and employment, must be given to men and women doing the same or broadly similar work.
The Sex Discrimination Act also:
- Granted individuals a right of direct access to employment tribunals for legal remedies for unlawful discrimination and established the Equal Opportunities Commission to help enforce the legislation and promote equal opportunities and provide information and advice.
Rehabilitation of Offenders Acts (1974)
- The aim of this Act is to make working life easier for those who have been convicted of a criminal offence.
- An ex-offender after a period of rehabilitation has no need to disclose a previous conviction unless their sentence exceeded 2.5 years of imprisonment.
- Once a conviction becomes “spent” an employer cannot refuse for employ, dismiss, or otherwise discriminate against an ex-offender on the grounds of a previous conviction.
- However certain posts are exempt from the Act. Examples of these include medical, nursing and midwifery posts, any posts that involve contact with vulnerable people, as well as all posts requiring admission to professional register. In these cases, spent convictions must be disclosed.
- If any convictions are disclosed, they are not necessarily a bar to employing that person; the relevance of the offence to the duties of the job must be considered at the short-listing stage.
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Harassment
It is the responsibility of all staff to ensure that individuals do not suffer any form of harassment and that they are supported in any legitimate complaint. Senior staff, managers and supervisors have a particular responsibility for providing a working environment free from harassment.
Racial harassment is committing or inciting any hostile or offensive act or expression by a person of one racial or ethnic origin against a person of another and which is motivated by racial or ethnic difference. Such behaviour includes derogatory name calling, insults and racist jokes, racist graffiti, verbal abuse and threats, physical attack, and ridicule of an individual because of cultural differences.
Sexual harassment occurs in a variety of situations which share a common element i.e. the inappropriate introduction of sexual activity or comments into a work situation. It often involves relationships of unequal power and may contain elements of coercion. Sexual harassment includes unwanted sexual advances, sexually explicit remarks or innuendoes, intentional physical contact, the display of pornographic, sexually offensive, or inappropriate material, verbal threats or abuse and other actions which cause the person to feel threatened or humiliated. Sexual harassment can be experienced by members of either sex.
Other forms of harassment can include bullying or repeated reference to personal traits, appearance, sexual orientation, disability, religion, and age. Actions designed to undermine an individual’s professional competence or confidence is a misuse of power or position. Such actions may include public or persistent unwarranted criticism of work performance or exclusion from normal work activities. The distinction between strong management and bullying is that, whilst the former is intended to promote desired work performance, the latter is intended to hurt or undermine the individual.
Differences in culture or attitude and misinterpretation of certain social signals, can mean that what is perceived as harassment by one person may not seem so to another. The defining feature, however, is that the behaviour is intimidating to the recipient and would be regarded as harassment by any reasonable person.
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Complaints
LCPS will seek to provide a supportive environment for those who make claims of discrimination or harassment.
Acts of discrimination (direct or indirect), harassment, victimization or abuse will be treated as a disciplinary offence.
Staffs who feel they are being discriminated against by other members of staff should raise the matter under the Grievance/Harassment Procedure, which will, if the accusation is upheld, be treated as a serious disciplinary offence.
Students who feel they are being discriminated against on by others should raise the matter under the Complaints Procedure which will, if the accusation is upheld, be treated as a serious disciplinary offence.
If, in the course of their work, College staff and students suffer discrimination from members of the public, the College will take appropriate action and provide appropriate support.
Review
This policy will be reviewed on a regular basis in accordance with legislative developments and the need for good practice, using the local consultation/ negotiating arrangements within the college.
EQUAL OPPORTUNITIES
- The Principal and the Admin team will ensure that people (staff, students, and visitors) with disabilities are not disadvantaged by their disability.
- Auxiliary aids and services will be provided as far as possible. Reasonable adjustments will be made to support learners with disabilities or special needs.
- Timetables will be adjusted to consider the physical features of the premises.
- This policy has been framed in compliance with the college’s Equality and Diversity Policy.
STRESS
- The principal or member of Admin Team will, for any member of staff who has suffered a stress related illness, do specific risk assessments to identify and reduce the causes, as far as is reasonably practicable.
- The college will ensure that these risk assessments:
- Identify training and support required in stress awareness, communication, time management, handling difficult situations as part of a common response to workplace stress.
- Treat members of staff with stress in the same way as it would treat employees with any other occupationally induced health problem.
- Provide support for members of staff suffering stress or stress-related illness.
HOUSE-KEEPING
- The College attaches importance to the need for good house-keeping practices. It is policy to ensure that floors are kept free of anything that may cause slipping or tripping and that no waste materials which could cause injury if trodden on are allowed to remain where they fall. Items stored on shelves will be stored in such a way as to ensure that they do not cause injury to anyone working in the vicinity or to anyone passing by. Rubbish will not be allowed to accumulate in any working area and passageways will be always kept clear.
5. Safety Signs
LCPS make sure that both staff and the students are aware of the following safety signs.
- Prohibition Signs – These signs are used to stop you doing something likely to cause or increase danger. They are round, with a red border and a diagonal red strip.
At LCPS we do not allow student to smoke or use mobile phones in our premises.
- Warning Signs – These signs are used to warn you about a hazard or danger. They are triangular, with a black border and picture on a
Yellow background.
- Safe Condition Signs – Thesesigns give you information on emergency exits and first Aid. They are rectangular with a white picture on a green background.
