FAIR TREATMENT AT WORK POLICY AND PROCEDURE

1. POLICY

WORKMATES recruitment Centre is committed to ensuring that colleagues are treated with dignity and respect whilst at work.

It is our policy not to practice or tolerate discrimination on grounds of age, race, colour, religion, nationality, ethnic origin, sex, sexual orientation, gender reassignment, disability, marital status, trade union membership, hours of employment, family responsibilities or any other personal characteristic.

Judgements about people for the purposes of recruitment, development or promotion will be made solely on the basis of a person’s ability and potential in relation to the needs of the job. Factors not relevant to the effective performance of that job shall not be taken into consideration.

If colleagues are to perform at their best, they not only need to be set challenging targets, but they also need to feel that they are treated with fairness and respect.

We will make every effort to provide a working environment free of any harassment or intimidation.

Individuals react to how they are treated in different ways and what is acceptable to one person may be regarded as harassment by another. The effect on an individual may be more than temporary hurt feelings – any discrimination could lead to loss of confidence, low morale, stress, poor performance, distress and unhappiness.

This policy covers all aspects of how you are treated by the organisation and everybody we employ. It covers (but isn’t limited) to

• recruitment
• pay and conditions of employment
• training and continuing professional development
• promotion
• appraisals
• grievances and disciplinary matters
• ending employment
• giving references
• how visitors are treated
• how clients and suppliers are treated
• how any other business contacts and associates are treated

SCOPE

This policy and procedure applies to all workers (‘you’) within the organisation (‘we’), and to those we work with.

PROCEDURE

2.1 Equal Opportunity

The UK Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It sets out the different ways in which it’s unlawful to treat someone.

It is against the law to discriminate against anyone because of:

• age
• gender reassignment
• being married or in a civil partnership
• being pregnant or on maternity leave
• disability
• race including colour, nationality, ethnic or national origin
• religion or belief
• sex
• sexual orientation

These are called ‘protected characteristics’.

This policy and procedure goes further than that by protecting people against discrimination on the grounds of any personal characteristic, whether protected or not.

Comprehensive practical guidance on the Equality Act 2010 is available on the Equality and Human Rights Commission and Government Equalities Office websites.

The following list gives you a general description of the types of acts that may both breach this policy and be unlawful. Sometimes actions can be intentional, and sometimes unintentional. We include examples of both types in this list:

Type of Discrimination	Example
Direct discrimination: this is when somebody is treated less favourably because of a protected characteristic than somebody else has been, or would have been, in identical circumstances.	Rejecting a job applicant because of their race or refusing to promote someone because they are pregnant.
Indirect discrimination: this is when a group of people with one of the protected characteristics (subject to a couple of exceptions) is put at a disadvantage by a provision, criterion or practice applied to all staff unless the treatment is justified for a good business reason.	Refusing a request to work part-time without a good business reason (which indirectly discriminates against women, who are more likely to have childcare responsibilities).
Associative discrimination: this is where somebody is treated less favourably because of the personal characteristics of somebody else.	Treating a colleague less favourably because their parents are Jehovah’s Witnesses.
Perceived discrimination: this occurs where someone is treated less favourably because someone wrongly believes they have a particular protected characteristic.	Treating a colleague less favourably because someone thinks he is gay, when in fact he isn’t gay.
Harassment: this is when a hostile, humiliating, degrading, intimidating or similarly offensive environment is created in relation to a protected characteristic. We also consider it harassment for a worker to be subjected to uninvited conduct related to a protected characteristic that as an intended or unintended consequence, violates their dignity.	Name calling, lewd comments, excluding colleagues, making insensitive jokes, and displaying pornographic material are all examples of harassment. We deal in detail with this under the section on Harassment and Bullying.
Victimisation: in a legal context, ‘victimisation’ has a much more restricted meaning than in real life. It happens when a worker has complained about harassment or discrimination, or has supported a colleague in their complaint, and is then treated less favourably as a result.	A colleague who is ignored/left out of team social communications/events because they spoke up on behalf of one of their colleagues in a harassment investigation, or a colleague who is dismissed under a pretext because they have complained of discrimination.

There are other actions which can be unlawful under equal opportunities legislation. Examples include:

• Failure to make reasonable adjustments to minimise certain disadvantages suffered by a disabled colleague (or job applicant)
• Instructing another person (or applying pressure on them) to discriminate
• Knowingly assisting somebody else when they carry out a discriminatory act
• Discriminating against somebody believed to have a protected characteristic, whether or not they actually do, or because they associate with a third-party who does.

2. How we recruit, promote, and make other selections

We carry out all recruitment, promotion and other types of selection procedures, such as redundancy selection processes, on the basis of merit, using non-discriminatory and as far as possible, objective criteria such as:

1. Advertisements for vacancies must not include wording that may discourage some groups of people from applying, or stereotype in any way, and they must be placed where they can reach as wide and diverse a pool of potential candidates as possible.
2. Nobody applying for a job with the organisation may be asked about their health, attendance record, or whether they have a disability, before a job offer is made – except in very limited situations. It may, for example, be justifiable to ask whether the applicant needs any disability-related measures put in place for the interview, or to check that they are capable of carrying out a key part of the job. There are limited circumstances where it may be legally required to make a job offer dependent on a medical examination. We will only require this where it is a legal obligation and will ensure you are clear on the circumstances and your rights.
3. It is unlawful to ask job applicants anything that might suggest an intention to discriminate on the grounds of a protected characteristic. Asking an applicant about their religion when they are applying for a job that involves weekend working would not, for example, be allowed. Nor would asking an applicant whether they have childcare responsibilities be allowed, as that suggests you might be intending to indirectly discriminate on grounds of sex or marital status.
4. We may include certain health or disability questions in equal opportunities monitoring exercises, but the data gathered will never be used for selecting someone for a role, or in making other employment-related decisions.
5. Harassment and bullying

What is harassment?

Harassment is where a person is subject to uninvited conduct that — as an intended or unintended consequence — violates their dignity, in connection with a protected characteristic. Harassment could be carried out by a colleague or by a third-party such as a client or customer.

We also define harassment as behaviour that creates a hostile, humiliating, degrading or similarly offensive environment in relation to a protected characteristic. Name calling, lewd comments, excluding colleagues, making insensitive jokes, and displaying pornographic material are all examples of harassment.

Physical, verbal and non-verbal conduct can all amount to harassment. So can things you say or do online, especially on social media.

When someone treats another person less favourably because they either submit to such behaviour or refuse to do so, we also see that as harassment.

The impact on the victim is very important. A person’s behaviour can amount to bullying or harassment even if they had no idea it would be perceived that way.

What is bullying?

Bullying is any behaviour that leaves the victim feeling threatened, intimidated, humiliated, vulnerable or otherwise upset. It does not need to be connected to a protected characteristic.

As with harassment, physical, verbal and non-verbal conduct can all amount to bullying. It can take various forms, from extreme behaviour involving violence and intimidation, through to subtle actions such as deliberate exclusion or being ignored/left out of team social communications or events. It can also take place online (cyberbullying).

Constructive and fair feedback about your behaviour or performance from your manager or colleagues is not bullying. It is part of normal employment and management routine and should not be interpreted as anything different.

We have a duty to protect all colleagues, workers and job applicants. That means that if you change your mind after having raised a complaint of harassment or bullying (even where you complained informally or in confidence), we may choose to investigate anyway. We will always talk to you about that first and take your views into account.

If you complain about harassment or bullying, you should not be victimised as a result. If you believe that has happened to you, you must tell your line manager as soon as possible.

If you are concerned about the way a colleague is being treated, the best approach may be for you to challenge the behaviour – but do not do so if you are anxious about your own safety. If you do not want to challenge the behaviour yourself, or you have tried doing so but it has not worked, you should speak to your line leader or Workmates Manager for further guidance.

How we deal with harassment and bullying

Many issues can be resolved informally. Before you use the formal procedure, it’s sometimes a good idea to speak with the person you feel is harassing or bullying you and explain that their behaviour is unwelcome, inappropriate, or it upsets you. Surprisingly often, people think of their behaviour as ‘banter‘ and have no idea that it is upsetting or unacceptable.

Sometimes it is difficult to speak with the perpetrator directly. If that’s the case, you should talk to Workmates manager informally and in confidence. If the issue is with Workmates manager — or there’s another reason you would prefer not to discuss it with them — you should instead speak to Workmates account lady or Workmates Director.

We aim to provide a working environment free from harassment, bullying and intimidation. This applies in the following contexts:

• Anywhere on the organisation’s premises
• Anywhere off the organisation’s premises, during work-related social events, business events or business trips
• Online on organisation email, social media groups connected with the organisation and all cloud-based functionality connected with the organisation
• Taking part in any of the following behaviour will lead to action and potentially dismissal for misconduct or gross misconduct:

• Harassing or bullying anyone else
• Threatening anyone who raises a harassment or bullying complaint
• Retaliating against anyone who raises a harassment or bullying complaint
• Making allegations maliciously or in bad faith
• Giving false or intentionally misleading information during any investigation

If this has no effect, or the harassment is such you feel unable to ask for it to stop, keep a record of the incident(s). This will help you to recall accurately what has happened if the case goes further.

How to make a complaint

• Formal – If you feel the situation is sufficiently serious, you should make a formal complaint through Workmates Grievances Policy and Procedure as explained in your contract of services.

It’s not always possible to resolve issues informally. If you find yourself in that situation, you should follow our Concerns and Grievance Policy and Procedure. We will treat your complaint in confidence, as far as is possible, and if we find that you have been the victim of harassment or bullying, we will take steps to stop it continuing or recurring. If we think it necessary, we may separate you from the person you are complaining about while we investigate. If that involves moving you on a temporary basis, or even asking you to stay at home during the investigation, it is not a pre-judgment of your complaint. It is simply us trying to stop things getting worse during the investigation.

If we decide that your complaint is not upheld, we will explain why. Either way, we will look at ways of addressing your relationship with the person you accused. We may, for example, change your work pattern or theirs, or suggest counselling or mediation.

Where it is proven, or where there is very good reason to believe, that an individual has maliciously accused or inferred that another person has committed an act of harassment, then that individual will be required to attend a disciplinary hearing.

Protecting confidentiality

Harassment and bullying allegations can raise strong feelings and are always serious. This is why both the organisation and the person making the allegation have an obligation to maintain confidentiality as far as possible. This applies at every stage, including the investigation and the outcome.

If you make a harassment or bullying complaint and don’t maintain proper confidentiality at any time during the process, or you are interviewed in connection with someone else’s complaint and likewise fail to maintain confidentiality, you may face action under our disciplinary procedure. This could lead to dismissal for misconduct or even gross misconduct.

Sometimes, we may decide it is inappropriate to discuss the outcome of an investigation with you. We recognise that will leave you feeling dissatisfied and would only do so if there was a good reason not to keep you informed.

2. Whistleblowing and confidential reporting

We aim to maintain high standards of integrity in everything we do. However, all organisations can occasionally be affected by conduct that is dangerous, against the law, or that breaches ethical or professional codes. If you have any such concerns, we encourage you to report them immediately — this is called ‘whistleblowing’. We will take your concerns seriously, they will be confidential, thoroughly investigated, and you can be confident there will be no reprisals.

‘Whistleblowing’ is often understood as reporting a concern outside the organisation because, for various reasons, the colleague does not wish or feel able to raise the matter internally. This procedure aims to encourage and enable colleagues to raise serious concerns by ‘blowing the whistle’ within the organisation, rather than overlooking a problem or feeling the need to raise the issue externally.

The Public Interest Disclosure Act 1998 gives legal protection to whistleblowers who honestly and reasonably believe that the information they disclose or the allegations they make are substantially true.

It is important for everyone to understand that no adverse repercussions will arise when a serious concern is raised in good faith. If you feel you have been victimised as a result of making this disclosure, we will investigate and appropriate disciplinary action will be taken, which may include dismissal.

The types of concerns you may want to raise with us by whistleblowing might include:

• any activity you suspect is criminal (facilitating tax evasion, for example)
• any activity you suspect puts health and safety at risk
• any activity you suspect may damage the environment
• any activity you suspect breaches our Preventing Bribery, Fraud and Corruption Policy
• any failure to comply with legal or regulatory obligations
• any failure to meet professional requirements; and/or
• any attempt to conceal one or more of these activities.

In most cases, you should start by raising your concerns with your line manager, either face-to-face or in writing.

If you would prefer not to go to your line manager, you should write to the CEO. You should also do this if your concerns are of a very serious nature.

Your letter should say that you are raising your concerns under this policy and then explain what those concerns are. Include all the key facts, dates, and the names of the people involved.

You will be invited to a meeting to discuss your concerns, and you are entitled to be accompanied at this and any subsequent meetings by a colleague or trade union representative. If you bring a companion, we ask that you both agree to keep your disclosures confidential before and after the meeting and during any investigation that may follow.

After the initial meeting, we will investigate your concerns and we may ask you to attend further meetings. To investigate properly, we may involve specialists with particular knowledge or experience of the issues you have raised.

We will keep you informed (in general terms) about how our investigation is progressing and how long is it likely to take. We may not be able to give you details about the investigation (or any action it leads to) as we need to protect confidentiality and comply with legal obligations. We understand this may be frustrating, and so we will do our best to reassure you that things are in hand and to explain why we are acting in the way we are.

Your concerns will be addressed fairly, but we cannot guarantee the outcome of our investigations will be the one you want. If you are not satisfied with how we have conducted the investigations, you can take the matter to the [WHO] for further consideration.

Most concerns are raised with good intentions, but occasionally someone makes a false allegation out of malice or because they believe they have something to gain. Anyone found doing this is att risk of being dismissed for gross misconduct.

2. BREACHES OF THIS POLICY AND PROCEDURE

We will investigate any complaint or allegation you raise regarding a potential breach of this policy. If you believe you have been harassed or discriminated against you should contact your line manager as soon as possible. If you want to take formal action, you will need to follow our Concerns and Grievances Policy and Procedure.

You will face disciplinary action if we find you have harassed or discriminated against anyone else in breach of this policy. Sometimes this type of behaviour may amount to gross misconduct, in which case you may be dismissed without notice.

This procedure is in place to enable all of us to feel we can safely raise a serious concern with someone who has been appointed for this purpose. This policy will always be open to revision and if you feel there are obstacles that prevent you from raising a concern, please let the CEO know as soon as possible.

3. HOW WE MONITOR WHETHER THIS POLICY AND PROCEDURE IS WORKING

We may record and analyse information about equal opportunities and harassment within the workplace, and when you join the organisation, you give us consent to gather and process this data about you. We use the information to make sure this policy is working properly and to refine it where that’s needed. We also use the information to review the composition of our workforce, and to promote workplace equality.