Equality, Diversity

EQUALITY, DIVERSITY

& INCLUSION

POLICY

FEBRUARY 2015

Date: February 2015

Review Cycle: Annually

Next Review: February 2016

Contents Page Number

Context 3

EDI Commitment Statement

Public Sector Equality Duty

Legislative Framework

Executive Summary 5

1. Definitions 6

2. The Scope 9

3. Responsibilities & Structures 9

4. Key Principles and Commitment 10

5. Monitoring and Evaluation 11

6. Positive Action 12

7. Review and Action Planning 13

8. Actions to Implement and Develop Policy 13

9. Consultation and Involvement 14

10. Equality Analyses (EA) 14

11. Equality, Diversity and Inclusion Training 15

12. Procurement and Partnerships 15

13. Breaches of Policy and Complaints 15

Context

This Policy sets out the requirements and responsibilities of Central College Nottingham for ensuring and advancing equity and fairness to all members of the College community in accordance with The Equality Act 2010 and the Public Sector Equality Duty. The policy also establishes clear College guidance; principles; structures and monitoring arrangements with regard to Equality Diversity and Inclusion (EDI). The content and guidance should be applied to all of the College community including:

·  Employees

·  Learners

·  Visitors

·  Contractors

·  Employers

·  Parents, Carers and

·  Other third parties

Central College Nottingham is proud of its diversity and values the way in which this diversity enriches the life of the College and the experience of all its community.

Central College Nottingham’s EDI Commitment Statement

‘At Central College Nottingham you have a right to be treated with respect and dignity during your time with us as a learner, member of staff, visitor or service user. To achieve this, the College will ensure that you are not treated unfairly for reasons which cannot be legitimately justified. Central College Nottingham is proud of and values the contributions made by the rich diversity of all who work and learn here.

It is our aim to provide an inclusive working and learning environment where everyone in the College community is fully respected and supported.’

Public Sector Equality Duty

The Public Sector Equality Duty is made up of a General Equality Duty which is supported by Specific Duties:

The General Equality Duty requires public authorities, in the exercise of their functions, to have due regard to the need to:

·  Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Equality Act 2010.

·  Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it.

·  Foster good relations between people who share a relevant protected characteristic and those who do not share it.

Public authorities, including Central College Nottingham, listed in Schedule 1 and 2 of The Equality Act 2010 (Specific Duties) Regulations 2011 are required to show functional transparency by:

·  Preparing and publishing one or more equality objectives which can be achieved to do any of the things mentioned in the aims of the General Equality Duty, by 6 April 2012, and at least every four years thereafter.

·  Ensuring that those equality objectives are specific and measurable.

·  Publishing those equality objectives in such a manner that they are accessible to the public.

Legislative Framework

This Policy is informed by and complies with provisions detailed in the Equality Act 2010 and the Public Sector Equality Duty 2011. The following Parts and chapters of the Equality Act apply to Central College Nottingham as an employer and education provider.

Part 2 Equality: Key Concepts

Chapter 1 Protected characteristics (who is protected)[1]

Chapter 2 Prohibited conduct (what you are protected from)[2]

Part 5 Work[3]

Chapter 1 Employment

Chapter 2 Occupational pension schemes

Chapter 3 Equality of terms

Chapter 4 Supplementary

Part 6 Education

Chapter 2 Further and Higher Education

The Equality Act 2010 simplifies, strengthens and harmonises over 116 separate pieces of legislation into one single Act to provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. It replaces:

·  The Equal Pay Act 1970

·  The Sex Discrimination Act 1975

·  The Race Relations Act 1976

·  The Disability Discrimination Act 1995

·  The Employment Equality (Religion or Belief) Regulations 2003

·  The Employment Equality (Sexual Orientation) Regulations 2003

·  The Employment Equality (Age) Regulations 2006

·  The Equality Act 2006, Part 2

·  The Equality Act (Sexual Orientation) Regulations 2007

Executive Summary

The commitment to EDI is endorsed and led by the Equality, Diversity and Inclusion Committee which reports to the Executive Management Team. The Committee is made up of a Vice Principal (Chair); College Managers; cross college staff and learner representation. All College staff and learners have responsibilities in relation to EDI and are encouraged to advance awareness of equality and actively challenge all instances of inequality, thus helping remove barriers to access, achievement and progression.

Central College Nottingham is committed to fair access to opportunities and equality of outcomes, and will not tolerate unfair discrimination, harassment or victimisation relating to any of the 9 protected characteristics in the Equality Act 2010: (*note: there is no hierarchy, the following are listed in alphabetical order for ease of reference only)

·  Age

·  Disability[4]

·  Gender

·  Gender Reassignment[5]

·  Marriage & Civil Partnership

·  Pregnancy & Maternity

·  Race[6]

·  Religion or Belief[7]

·  Sexual Orientation[8]

The College respects the dignity and diversity of all our learners and employees, regardless of personal characteristics and differences. It is our aim to give everyone fair and appropriate access to the greatest opportunity, and we will employ positive action, and/or make reasonable adjustments, to develop and fulfil individual’s potential. We value the contribution each person can make to the College.We believe that treating people fairly, with dignity and respect, is right and makes good business sense.

This means that the College will:

·  Not tolerate any form of discrimination, harassment or victimisation on any grounds.

·  Provide appropriate, sensitive and accessible services to everyone.

·  Work with stakeholders to eradicate prejudice, discrimination, harassment and negative stereotyping.

·  Support campaigns for local and national initiatives which treat people equally and protect groups from discrimination.

·  Ensure that everybody who studies or works at, or with, the College is respected and valued.

·  Make reasonable adjustments for disabled learners and staff to ensure fair access to services and opportunities.

·  Ensure that any subcontractors, including other employers, commit to the College’s EDI agenda by advancing equality and challenging discrimination

·  Promote and support the use of a range of flexible working patterns to enable those working for the College to balance home and work responsibilities.

·  Support people in a phased return to work after extended periods of absence.

·  Treat people fairly and develop staff and learners so that they are able to reach their full potential.

The Equality Act 2010 protects people at work as employees, or people using a service from discrimination, harassment and victimisation. Central College Nottingham’s commitment to advancing equality of opportunities as an employer and education provider goes beyond legislative compliance to promoting positive relationships with all stakeholders, partners and the local community. The College is also committed to the fair and non-discriminatory treatment of people with:

·  Different socio – economic backgrounds

·  Trade union activities

·  Caring responsibilities

·  Unrelated criminal convictions

The College’s aim is to create an environment where people give their best, allowing them to develop and achieve their full potential. We aim to achieve this commitment by treating the whole College community equitably, and by removing barriers to advancing a cohesive community and a culture of fairness. This policy details our position with regard to all aspects of equality which are embedded in the organisation’s culture and academic and business functions.

How will the College ensure that equality, diversity and inclusion are at the heart of all activity?

·  By requiring senior staff to lead by example in treating all staff and learners with dignity and respect and by being fair and reasonable in their attitudes and behaviours.

·  By expecting all staff, learners and employers to behave in a way that others will see is respectful and fair to them.

·  By continuing to review systems by which any behaviour that is intimidating, discriminatory or otherwise contrary to the EDI policy, can be dealt with rapidly and effectively, in an environment which positively supports those who challenge such behaviours.

1.  Definitions

1.1 EDI means more than disregarding differences. It means ensuring that different people receive services, consultation and employment opportunities in a fair non-discriminatory way. This means recognising, embracing and valuing diversity across the College and the community with which the College works. EDI describes an approach that embraces difference, treats each individual fairly, with dignity and respect, free from discrimination, harassment, victimisation and bullying.

1.2 Equality is NOT about treating people equally, or the same. Equality protects people from being discriminated against. Equality gives people fair access to the same opportunities, resulting in equality of outcome - i.e. that all learners have the same right of access to services and resources to meet their specific needs. Consequently to ensure equality, some individuals and / or groups may be treated differently in order to meet their different needs.

1.3 Diversity describes the range of visible and non-visible differences that exist between people. Managing diversity harnesses and celebrates these differences to create a productive environment in which everybody feels valued, where talents are fully utilised and in which organisational objectives and targets are met.

1.4 Inclusion the overarching context encompassing equality, diversity and human rights that focuses positively on individuals and/or groups who may feel, or are, excluded from services for whatever reason.

1.5 Direct discrimination – occurs when a person treats another less favourably than they treat or would treat others in comparable circumstances because of a protected characteristic. See example[9]

1.6 Discrimination by Association is direct discrimination against someone because they are associated with another person with a protected characteristic. (This includes carers of disabled people and elderly relatives, who can claim they were treated unfairly because of duties that they had to carry out at home relating to their care work. It also covers discrimination against someone because, for example, their partner is from another country). This does not apply to marriage and civil partnerships and pregnancy and maternity leave. See example[10]

1.7 Discrimination by perception is direct discrimination against someone because others think they have a protected characteristic (even if they don't). See example[11]

1.8 Indirect discrimination - putting in place a policy or practice that has a differential (positive or negative) impact on someone with a protected characteristic than someone without that characteristic, when this cannot be objectively and legitimately justified. See example[12]

1.9 Discrimination arising from disability - treating a disabled person unfavourably because of something connected with their disability when this cannot be objectively justified. For example, prohibiting an employee from taking time off or breaks for medical treatment. See example[13]

1.10 Failing to make reasonable adjustments – Employers and service providers have a duty to make reasonable adjustments for disabled employees and service users to enable fair access. This duty is anticipatory and must be reviewed on a regular basis to ensure adjustments made are appropriate. Failing to do so is direct disability discrimination.

1.11 Harassment - unwanted conduct which has the purpose or effect of violating someone’s dignity, or which is hostile, degrading, humiliating or offensive to someone with a protected characteristic, The Act also offers protection to people who do not have a “protected characteristic” but find behaviour offensive, even if not directed at them. See example[14]

1.12 Victimisation - treating someone unfavourably because they have taken (or might be taking) action under the Equality Act or supporting someone who is doing so. See example[15]

There are exceptional circumstances which legitimise some forms of discriminatory practices. The Equality Act 2010 gives a definition which describes legitimate justification; this being ‘a proportionate means of achieving a legitimate aim’.[16]

To be legitimate, the aim of the provision, decision or practice must be legal and non-discriminatory and represent a real objective consideration. In the context of Central College Nottingham, examples of legitimate aims might include:

·  Ensuring that education, benefits, facilities and services are targeted at those who most need them.[17]

·  Preventing fraud or other forms of abuse or inappropriate use of services provided.

·  Maintaining academic and / or business standards.

·  Ensuring the Health & Safety, welfare and dignity of stakeholders.

Although reasonable business needs and economic efficiency may be legitimate aims, an education provider simply aiming to reduce costs cannot expect to satisfy the test. For example, the education provider cannot simply argue that to discriminate is cheaper than not to discriminate.

Even if the aim is legitimate the means of achieving it must be proportionate. Proportionate means ‘appropriate and necessary’, but ‘necessary’ does not mean that the provision or practice is the only possible way of achieving the legitimate aim.

2.  The Scope

2.1 This Policy applies to all members of the Central College Nottingham community including learners, staff, visitors, contractors, employers and suppliers. This policy covers all aspects of College business and relates to both staff and learner activity including:

·  Employment and promotion procedures for staff

·  Recruitment, selection and enrolment of learners

·  Curriculum content and development

·  Course delivery and assessment

·  Learning and teaching materials and methods

·  External contracts

·  All employment practices

2.2 The College will follow best practice in all of the equality areas and work towards:

·  Eliminating unlawful discrimination

·  Eliminating bullying, harassment and victimisation

·  Promoting equality of opportunity

·  Promoting good relations between different groups in the community