Equal Opportunities & Anti-Harassment Policy

Equal Opportunities & Anti-Harassment Policy

AVA complies with all legal obligations relating to equal opportunities, anti-discrimination and anti-harassment, including: the Equality Act 2010[1], the Rehabilitation of Offenders Act 1974 and the Human Rights Act 1998.

AVA, comprising the Board of Trustees, its employees and volunteers, is committed to providing equality of opportunities. This applies to the provision of services, recruitment and employment of staff, and the individual responsibilities of employees.

AVA recognises the importance and strength of a diverse workforce and board, and is committed to developing procedures which encourage and develop the skills and attainment of staff, volunteers and Trustees from a wide range of backgrounds.

Service Provision

AVA is committed to ensuring that services provided do not disadvantage clients because of colour, nationality, ethnic or national origins, gender, gender identity, marital status, civil partnership, pregnancy and maternity, disability, age, religion or belief, sexual orientation, dependants, trade union membership, or in other ways. All of AVA’s provision will be subject to periodic reviews designed to ensure equality of opportunities for clients.

AVA reserves the right not to provide services to clients who act in ways which contravene AVA’s Equal Opportunities Policy and infringe the rights of others.

Clients of AVA who wish to complain about the operation of this policy are requested to write to the Director of AVA at Development House, 4th Floor, 56-64 Leonard Street, London EC2A 4LT. The complaint will then be investigated. If a client remains aggrieved following the result of that investigation, a complaint may be made to the Board of Trustees. These procedures do not detract from or diminish the opportunities available to all to bring appropriate complaints to the notice of the Equality and Human Rights Commission or other appropriate bodies.

Recruitment and Employment of Staff

AVA has a policy of equality of opportunity in relation to employment. This means that job applicants and employees will be dealt with solely in relation to the aptitudes and abilities that are required by the post for which they are applying and not on any other grounds. No job applicant or employee will receive less favourable treatment on the grounds of race, colour, nationality, ethnic or racial origin, gender, gender identity, marital status, civil partnership, pregnancy or maternity, disability, age, religion or belief, sexual orientation, dependants, trade union membership, or in other ways, unless justified by job requirements or law.

Staff recruitment and staff selection criteria, procedures and decisions will be monitored and kept under review to ensure that discriminatory processes do not operate. When applicants wish to make a complaint about the operation of this policy, they should write to the Director of AVA at Development House, 4th Floor, 56-64 Leonard Street, London EC2A 4LT who will arrange for it to be investigated. These procedures do not detract from or diminish the opportunities available to all to bring complaints to the notice of the appropriate bodies or an Employment Tribunal.

Responsibilities of Employees

All employees and volunteers working for AVA have a personal responsibility not to discriminate against, directly or indirectly, harass or victimise any person on the grounds of colour, nationality, ethnic or national origins, gender, gender identity, marital status, civil partnership, pregnancy or maternity, disability, age, religion or belief, sexual orientation, dependants, trade union membership, or in other ways.

Any such behaviour may constitute a disciplinary offence and may lead to dismissal or summary dismissal.

The legal definitions of discrimination are focussed on nine protected characteristics[2] and are outlined below. AVA requires its employees to treat everyone with respect and fairness and will also consider complaints about unfair treatment made on other grounds.

Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have, or because they have an association with someone who has a protected characteristic.

Indirect discrimination can occur when a condition, rule, policy or practice that applies to everyone within the organisation causes particular disadvantage to people who share a protected characteristic.

Harassment is “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading or offensive environment for that individual”.Sexual harassment may include, but is not limited to, verbal threats or abuse, mockery or innuendo, unacceptable touching, assault, suggestions that sexual favours are a condition of retention of jobs or of promotion, and displays of sexually offensive or pornographic material in the workplace. Harassment extends to the interaction between people which is acceptable to them, but offensive to a third party present at the time.People are also protected from harassment because they are perceived to have a protected characteristic or because of their association with someone with a protected characteristic.

Victimisation occurs when a person is treated badly or punished because it is suspected or known that he or she has brought proceedings under the Equality Act 2010 or the anti-discrimination legislation which preceded it, or given evidence or information relating to such proceedings, or alleged that discrimination has occurred.

Where an employee believes that direct or indirect discrimination, harassment or victimisation has taken place, it is open to that person to complain directly to the Director. On receipt of such a complaint the Director will arrange for it to be investigated and will act on the report of the investigation. Such action might include disciplinary proceedings or summary dismissal.

In investigating disciplinary matters consideration will be given to the possible effect on an employee’s behaviour of racial, sexual or other abuse, other provocation, communication or comprehension difficulties, and differences in cultural background or behaviour. Care will be taken that members of one group are not disciplined or dismissed for performance or behaviour which would be overlooked or condoned in another group.

Nothing in this statement regarding internal investigation of complaints affects an employee’s right to contact the Equality and Human Rights Commission or external body or make a complaint to an Employment Tribunal.

Responsibilities of AVA

AVA will comply with all applicable provisions of the Equality Act 2010 and other relevant legislation, and furthermore will seek to develop best practice in relation to all aspects of Equal Opportunities.

This policy and the specific procedures for implementing it will be made known to all Trustees and staff.

Responsibility for oversight of the implementation of this policy lies with the Director of AVA.

This policy will be reviewed annually by the Senior Management Team, who will make recommendations for any amendments to the Board of Trustees.

Reviewed April 2013

[1]The Equality Act 2010 replaced most pre-existing anti-discrimination UK legislation, including the Equal Pay Act 1970, Sex Discrimination Act 1975, the Race Relations Act 1976, Disability Discrimination Act 1995, the Employment Equality (Religion or Belief/ Sexual Orientation) Regulations 2003 and Employment Equality (Age) Regulations 2006.

[2]The nine protected characteristics under the Equality Act 2010 are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.