Dignity and Diversity at Work Policy

The purpose of this policy is to support the company’s aim of providing a working environment that is free from all forms of discrimination and where all employees are treated with dignity and respect. The policy applies to all employees and other workers within the company, and unless otherwise stated, all references to employees include potential employees, former employees, full-time and part-time employees as well as agency workers, temporary workers and contractors. This policy does not form part of a workers terms and conditions of employment.

We are totally committed to the principle of equal opportunities and to creating a working environment in which employees are treated with dignity and respect that is free from unlawful discrimination, victimisation or harassment on the grounds of:

• • Colour, race, nationality, national or ethnic origin.
  • Sex, marital or civil partner status or gender reassignment.
  • Physical or mental disability of any kind.
  • Religion or belief.
  • Sexual orientation.
  • Pregnancy or maternity.
  • HIV status.
  • Age.

In this policy the above are referred to as ‘protected characteristics’.

As far as is reasonably practicable we aim to ensure that all working practices are applied fairly and consistently. Where necessary we will take reasonable steps to avoid or overcome any particular disadvantage these may cause and to promote equality. Our commitment applies to all aspects of employment including:

• • Selection for vacancies.
  • Terms and conditions of employment.
  • Training, career development and progression.
  • Relationships between members of staff.

We also respect an employee’s right to be a member or non-member of a Trade Union. This factor will not play any part in selection decisions or result in any detrimental treatment.

A breach of this policy is considered to be misconduct and disciplinary action, including dismissal for serious offences, will be taken against people who do not comply with it.

What is discrimination?

Broadly, a person has been discriminated against if:

• They have been treated less favourably than another person because of a protected characteristic or a perception that they have a protected characteristic*; or
• They have been treated less favourably than another person because of an association with someone who has a protected characteristic (e.g. their spouse or partner, a relative or child)*; or
• A procedure or practice places Employees who share a protected characteristic at a disadvantage and is not justifiable for legitimate business reasons, or through a less discriminatory alternative; or
• They have a disability (whether this is physical or mental) and reasonable steps have not been taken to meet their needs; or
• They have a disability (whether this is physical or mental) and are treated less favourably than another person because of something that is the result or effect of that disability (unless the treatment is a proportionate means of achieving a legitimate aim).

* does not apply to marital status or civil partnership

What is harassment?

Harassment is unwanted conduct which violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person. It includes physical and verbal conduct and it can also be conduct of a non-verbal nature such as sending abusive e-mails, displaying offensive posters on the wall or uploading messages or photos onto websites. Harassment may be a single incident or persistent behaviour.

Harassment is unlawful where it is motivated by one of the grounds set out above but the company includes more general harassment within its definition. Although not exhaustive, the following are examples of types of behaviour that may amount to harassment:

• Physical violence, actual or threatened.
• Physical or verbal abuse.
• Threats.
• Suggestive comments or gestures.
• Offensive or intimidating gestures, language, gossip or jokes.
• Insulting or abusive behaviour or comments.
• Isolation or exclusion such as ‘sending someone to Coventry’.
• Spreading malicious rumours.
• Unreasonable persistent criticism or humiliation.
• Unfair allocation of work or responsibilities.
• Misuse of power or position.

Bullying

Behaviour which is counted as harassment in equality law may not cover all types of behaviour which are unacceptable in the workplace. Complaints about bullying, which may not amount to harassment in equality law, may be made through the procedure described in this policy.

What is sexual harassment?

Sexual harassment is one form of harassment. Generally it involves behaviour towards another, where the perpetrator knows or should know that the behaviour is unwelcome because it is offensive and is perceived to be of a sexual nature.

Although not exhaustive, the following are examples of types of behaviour that may amount to sexual harassment:

• Physical conduct of a sexual nature - unwanted physical conduct, including unnecessary touching, brushing against another employee's body.
• Verbal conduct of a sexual nature - unwelcome sexual advances, continued suggestions of social activity outside work after it has been made clear that this is unwelcome.
• Non-verbal conduct of a sexual nature - the display of sexually suggestive or pornographic pictures or the sending of sexually harassing messages or images through electronic mail, the internet or mobile phone.
• Sex-biased conduct - Conduct that denigrates, ridicules, is intimidatory or physically abusive of an employee because of their sex, marital status or sexual orientation.

Sexual harassment by someone of the same gender as the victim also amounts to harassment.

What is third party harassment?

This is when someone, who does not work for Kensa, harasses an employee. For example, a customer acts abusively towards an employee. We are committed to taking all reasonable steps to prevent this form of harassment. If an employee is harassed in this way they should report it to their Line Manager.

What is victimisation?

Someone is victimised where they suffer unfavourable treatment because they have, in good faith, made a complaint under this policy, acted as a witness or accompanied a complainant at a meeting.

Working with the company

It is our staff’s obligation to be sensitive about the impact that they have on others and behave in a way that supports the policy. The policy is not designed to discourage normal social relations among colleagues or with the public but aims to prevent discrimination, harassment and victimisation.

Our policy applies not only at the company’s premises but anywhere staff are working as part of their employment with the company. This includes any social occasions organised by the company.

Staff must not instruct or aid someone to carry out an act of discrimination, harassment or victimisation or condone discrimination, harassment or victimisation by others. Staff have a responsibility to promptly report any such behaviour of which they become aware.

As a manager

In addition to employees’ general responsibilities above, it is also their responsibility to apply this policy as part of day to day management within the company and to make sure that their team are aware of and comply with this policy.

All workers should note that they may be held personally liable for some acts of harassment that they commit, encourage others to commit or do not deal with, prevent or report once aware of them. This can lead to an employee being required to pay compensation to a victim of harassment.

The company encourages employees who have a complaint to raise this as promptly as possible as this is more likely to enable the facts to be established accurately and a successful resolution to be achieved. The company aims to deal with all complaints as quickly as possible. The company will take all complaints seriously and no employee who makes a complaint in good faith, or participates in an investigation or a complaint will be victimised for doing so.

The company treats all complaints as confidential but it may be necessary to disclose certain information to other personnel during disciplinary action. We will seek to act in accordance with the wishes of complainants and witnesses concerning their identity but cannot guarantee anonymity.

The company will take a view on whether behaviour complained of amounts to harassment considering both the effect on the complainant and whether the behaviour would reasonably be expected to have caused such an effect. This means that harassment may have taken place even if there was no intention to cause offence. It is also possible that an individual may find behaviour objectionable that the company views as reasonable or legitimate

Complaints that are not made in good faith and involve deliberate misuse of the above procedure may result in disciplinary action being taken against the complainant.

Informal Stage

The employee should consider whether it is appropriate to raise the matter directly with the person concerned in order to resolve the problem. If it is not, the employee should speak to their manager or if they feel unable to discuss the matter with their manager then they should discuss it with a Director of the company.

Following the discussion, the employee will be asked to choose one of the following options:

• agree that no further action is necessary;
• agree to discuss the complaint with the individual who is alleged to have caused offence to ask them to stop;
• put their complaint in writing to the person causing the problem;
• ask a friend or colleague to speak to the person on their behalf;
• ask their manager / Director to help to resolve the matter through informal and/or discreet approaches; or

Raise a grievance about their concerns. If they are not satisfied with an informal approach, a grievance can be initialised at any stage.

Formal Stage

If an employee prefers, they may use a more formal approach to resolving the problem by raising a grievance at Stage 1 of that policy. The formal procedure may be more appropriate in instances of serious complaint or where an attempt at informal resolution has not been successful. It is up to the employee to decide the best approach. Please be aware, however, that the company has a duty to protect all its workers and may be obliged to pursue a complaint independently, if considered necessary and appropriate in all the circumstances.

The normal provisions of the grievance policy apply to a complaint regarding discrimination, harassment or victimisation including the right to be accompanied at a grievance meeting and to appeal the Stage 1 outcome. The employee’s written grievance should be signed and dated and include full details of the behaviour, the identity of the alleged harasser, any documentary evidence, details of witnesses and any action that has been taken to date.

Following receipt of the employee’s grievance, the allegations will be investigated as carefully and discreetly as possible. This will involve hearing detailed accounts from all parties. Other members of staff may also be asked to provide information. Documents, e-mail and other evidence may be considered.

Where a formal investigation has been conducted and where it has been reasonably concluded that some form of discrimination, harassment or victimisation may have taken place, those responsible will be subject to our normal disciplinary policy. Action will not normally be initiated without the agreement of the complainant but there are some circumstances where the company may need to pursue the matter formally. For example, if other people could be at risk if no action is taken.

The outcome of any disciplinary procedure will depend upon the circumstances. Consideration may be given to redeploying either the discriminator/harasser or the complainant if this is practicable. If redeployment is considered, the wishes of the complainant will be taken into account and the complainant will not usually be redeployed if they do not want to be.

Special requirements relating to Equal Opportunities

The company understands that people's needs at work are different and that some employees may have special requirements. For example, employees of a particular religion may need somewhere quiet to pray during their lunch break, need to take holiday on a particular day for a religious event, or need to have somewhere to store specially prepared foods. An employee may have a disability and may feel that they need to have changes made to their workplace to help them do their job. Employees should speak to their manager if this is the case.

The company will accommodate employee’s requirements where it is possible and practical. Where an employee needs particular time off, or are requesting a temporary change to working hours, their manager is more likely to be able to accommodate this if they have been told well in advance.

Recruitment & Selection

The recruitment and selection process will be free from bias or discrimination. Recruitment will be managed objectively and decisions about suitability for vacancies will be based on specific and reasonable job criteria. The company is positively committed to making reasonable adjustments for those who have a disability in the recruitment and selection process, or to enable someone to work with the firm.

Employment Conditions

Terms and conditions of employment, including pay and benefits, will be offered to employees fairly and consistently. Part-time employees will be provided with comparable employment conditions on a pro-rata basis to full-time employees unless different treatment is objectively justifiable.