EQUALITY, DIVERSITY AND INCLUSION POLICY

Introduction

We Are Grow is committed to the principles of diversity, equality of opportunity and inclusion, and recognises the importance of adhering to these principles at all times. All that we do will reflect our approach to equality, diversity and inclusion in practice.

Diversity, equality and inclusion together form a positive approach to recognise that everyone is different and can make and bring their own unique contribution, experience, knowledge and skills to the organisation. We Are Grow promotes dignity and respect for all, and an environment where individual differences and the contributions of all employees are recognised and valued. We Are Grow will not unlawfully discriminate against any individuals including those with protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origin), religion or belief, sex (gender) and sexual orientation in line with the Equality Act 2010.

This policy is written in accordance with all legal requirements, ACAS guidance and best practice.

Overview and Introduction

We recognise that both the people who work for us – or who we may want to recruit to do so – and those who use our services are individuals with different needs which may impact on their ability to access many services in our community including our own services. In the case of service users this means that we may, therefore, set up and deliver projects that will work expressly with specific groups in order to increase their chances of accessing the services we provide.

We will, however, also work hard to ensure that all individuals who fit the criteria for employment or access to our services truly have the opportunity to access and benefit from what We Are Grow can offer, and this policy sets out how we aim to do this.

Legal Framework

We recognise that certain groups in society may experience prejudice, discrimination, and/or less favourable treatment on the grounds of their protected characteristics as defined within the Equalities Act 2010, and this limits people's choices and opportunities.

The Equalities Act 2010 sets out the legislation around equality, including what is required of employers in the UK.

The aim of this policy is to ensure that We Are Grow operates in line with this legislation and that no service user, job applicant, employee, secondee or volunteer (including Trustees) is unfairly or unlawfully discriminated against in their dealings with We Are Grow.

Scope

This policy applies to all areas of We Are Grow’s work and to all staff, by which term we mean all employees, volunteers – including trustees -, seconded staff, agency staff, interns, students on work placement and anyone who is subcontracted to undertake specific duties. Wherever this policy refers to staff or employees it includes everyone mentioned here unless specifically stated otherwise.

The principles set out in this policy will also be reflected in all contracts and project plans. We will expect anyone we subcontract or with whom we work in partnership to work in line with this policy or to demonstrate that they have their own appropriate equality policy and practices in place.

It is a condition of employment that all employees respect and act in accordance with this policy. Failure to do so will result in disciplinary procedures being instigated which could lead to dismissal.

All employees will be required to read this policy on joining the organisation.

Roles and Responsibilities

• The Board has overall responsibility for ensuring that this policy underpins all aspects of We Are Grow’s work.
• All staff are responsible for familiarising themselves and acting in accordance with this policy. Employees should inform their manager if they know or suspect that discrimination or harassment is occurring.
• Managers will ensure that this policy is communicated to all staff and will provide advice and guidance to staff regarding their conduct along with sources of available support.
• Managers are responsible for ensuring equality and diversity issues are addressed in performance.
• Managers are required to exercise leadership in this field by encouraging inclusion, discouraging prejudice and modelling appropriate behaviour. They must also take speedy and appropriate action to deal with any breaches of the policy, or behaviour that could lead to a breach of the policy. Any identified breaches of the policy should be dealt with using the Disciplinary, or Grievance policies.
• Managers are responsible for applying employment practices, policies and procedures fairly and consistently, and for highlighting and addressing any practices which could lead to discrimination.
• The Human Resources team will ensure that this policy is implemented and operated in a reasonable and fair manner, provide advice and guidance to individual members of staff and line managers and oversee provision of any letters and documents required.
• Directors and managers will consider whether an equality impact assessment is required on all policy or service decisions that may change provisions, practices or policies and affect the workforce and/or its service users

Zero tolerance

Although treating anyone differently because they have one or more of the protected characteristics is illegal, the Act only specifies two types of discrimination that apply to all of the protected characteristics: direct discrimination and victimisation. Appendix 1 sets out which types of discrimination apply to which protected characteristics.

We Are Grow has a zero-tolerance approach to any form of discrimination on the grounds of any of the protected characteristics, whether or not the Act applies the specific form of discrimination to a specific characteristic.

The sole exception to this is where a specific service may require us to recruit candidates of one or other sex in order to safeguard the users or staff of that specific service; for example, a service for very vulnerable young women may require that we recruit only female workers to work with that particular group, or – conversely – a service for young men displaying harmful sexual behaviour may recruit only male workers to work with that group.

Where this is the case the service model for that service will explicitly set out why recruitment for workers in that service will be focused specifically on one sex over another and this will be reflected in the recruitment process.

Monitoring

We Are Grow will maintain records of gender, sex, ethnic origin, age and disability for all employees and for internal and external job applicants.

This information will be collected and stored in line with the Data Protection Act 2018 (GDPR) and will only be used to monitor compliance with the principles of diversity, inclusion and equality. The information will be analysed at regular intervals by Human Resources.

Where possible, and dependent on the type of service, we will also monitor the following characteristics for the people using our services:

• Age
• Disability
• Ethnicity
• Sex
• Sexual orientation
• Gender

Related policies and procedures

The following policies and procedures may need to be consulted in conjunction with this policy as applicable:

• Safeguarding and Child Protection Policy
• Grievance Policy
• Disciplinary Policy
• Code of Conduct
• Complaints Policy (Making a Complaint)
• Whistleblowing Policy1
• Appeals Procedures – these are set out in each individual policy where these apply

Review

This policy will be reviewed periodically – and in any case every two years – by the Board. It will in any case be reviewed any time it is invoked and use suggests that changes or clarifications are needed.

1 The Whistleblowing Policy would apply if an employee or third party felt that We Are Grow as an organisation maintained a culture of inequality and discrimination, known to but either openly supported by or not acted upon by the leadership.

Where review is necessary due to legislative change this will happen without delay.

The policy will additionally be updated according to legislative and good practice changes and changes in internal structures and role responsibilities as and when needed.

Dissemination

This policy will be available to all new staff, volunteers, including trustees, secondees and students on placement.

During induction the policy will be signed off as having been read and understood.

The policy will be made available to current and prospective partners, suppliers, funders and others on request.

Procedures

Behaviours

We Are Grow is committed to achieving an inclusive and diverse workforce and to providing equal opportunity and access for all. In applying this policy we seek to create a working environment free of bullying, harassment, victimisation and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of all staff are recognised and valued.

The organisation’s employment practices, policies and procedures seek to ensure that no employee or potential employee receives less favourable treatment on the grounds of gender, race, colour, ethnic or national origin, sexual orientation, marital status, religion or belief, age, trade union membership, disability, offending background, domestic circumstances, social and employment status, HIV status, gender reassignment, political affiliation to  or any other personal characteristic.

We Are Grow seeks to actively promote best practice in diversity and inclusion across the organisation in areas such as pay and benefits, terms and conditions of employment, dealing with grievances and disciplinary issues, dismissal, redundancy, leave for parents, requests for flexible working and selection for employment, promotion, training or other developmental opportunities.

Both employer and employee can be held liable for acts of bullying, harassment, victimisation and unlawful discrimination in the course of their employment, against fellow employees, customers, suppliers and the public.

Employees must conduct themselves in a manner which is in accordance with We Are Grow’s stated values, i.e.:

• Changemakers
• Inclusive
• Trusted
• Courageous
• Collaborative

Policy into Practice

We Are Grow will:

• Promote our equality and diversity aims with our staff, partners and other stakeholders.
• Ensure that staff are aware of their responsibilities in implementing this policy.
• Provide training for staff to enable them to understand and implement this policy.
• Expect compliance with and commitment to this policy, and take action if any individual is found not to be complying.
• Take appropriate action to deal with discrimination, harassment and victimisation by or against a member of staff.
• Carry out recruitment, selection and promotion in accordance with this policy.
• Ensure that our commitment to equality is plainly communicated in all policies and procedures and clearly evident in our practices.
• Comply with all relevant legislation including The Equality Act 2010.

Recruitment and Employment

Recruitment

We Are Grow will:

• Operate fair and inclusive recruitment and employment practices to achieve our operational needs.
• Work to achieve equality of opportunity in all areas of employment.
• Seek to maintain a diverse workforce that reflects the diversity of the communities we serve.

Terms and Conditions of Employment

We will not apply unjustifiable requirements in our terms of employment or working practices. Care will be taken to ensure that We Are Grow’s policies and procedures do not include elements which will or could unfairly or adversely impact on individuals or certain groups of staff or service users.

Promotion, training and development

Selection for promotion will only be based on ability or demonstrated potential to do the job. All employees will be encouraged to take advantage of available, relevant and suitable training and development opportunities.

Online courses will be available and internal courses will be developed to meet specific training needs in relation to diversity and inclusion, and appropriate training events will be provided for all employees involved in selection for recruitment or delivering training.

The responsibilities of the employer and employee for diversity, inclusion and equality will be positively incorporated into employee training at all levels from induction courses to Senior Management workshops.

Working environment

All efforts will be made to make adjustments wherever reasonably practicable for disabled staff, applicants for posts or any staff member making a reasonable request.

We Are Grow aims to have a working environment and culture where everyone feels comfortable and treated with dignity and respect.

Challenging policy, practice and individuals

We Are Grow is committed to respectful forms of challenge and healthy conflict resolution. We actively encourage staff to challenge each other when they are feeling uncomfortable and expect them to do so if they notice that this policy is being breached. We will provide information so that staff can access appropriate support to deal with equality, diversity and inclusion issues which they cannot resolve themselves.

Our services

We Are Grow is committed to equality of opportunity within the criteria for our services. Where services specifically exclude specific groups of people we will clearly set out the reasons why this is so.

Access to services

We will, wherever possible, make reasonable adjustments to how we deliver services according to individual circumstances. We aim to ensure that no individual or group applying to use our services will be treated less favourably than any other person or group of persons for any reason that cannot be justified.

Access to information

Where possible – given limited financial resources – information will be made available in suitable formats, such as large print or recorded, where needed to meet a service user’s needs. We will also use the services of a professional interpreter service (The Language Shop) to work with people who do not have English as their first language.

Procurement: contractors, consultants, agents and partners

We Are Grow is committed to providing equality of opportunity for contractors, consultants and agents, and will apply fair, open and consistent criteria in the selection of contractors and consultants.

We will only seek to work with partners who share our commitment to equality, diversity and inclusion. We will also work with other community organisations where possible to help us understand the issues of relevance to local communities and groups within those communities and ensure that they are fully included in our work in their area.

Further information about procurement is set out in our Procurement Policy.

Complaints

We will ensure that individual employees who believe they have received treatment contrary to the principles of this policy can have their grievances dealt with quickly and confidentially in accordance with the Grievance Policy or the Dignity at Work Policy.

We will ensure that any service user, contractor, volunteer etc. making a complaint due to any incident which occurs contrary to this policy will have such complaints dealt with quickly and confidentially in accordance with the Managing Complaints Policy and Procedures.

Equality impact assessments

In order to support the organisation to achieve the aims of this policy, We Are Grow will over the next year introduce Equality Impact Assessments (EIAs) where applicable in relation to HR and organisational policies whenever there is a new policy or a change to an existing policy. EIAs will also be introduced in relation to the development of new services and service models and as part of bids for contract funding.

Additionally, any proposed changes to policies, procedures and services will be discussed with Service Managers and the Staff Forum representatives to ensure the impact on any group is taken into account.

Related policies and procedures:

This policy should be read alongside our other organisational policies and procedures including:

1. Accessibility policy
2. Anti-bullying policy
3. Code of conduct
4. Data protection policy
5. Disciplinary and grievance policy
6. Equal opportunities policy
7. Health and safety policy
8. Online safety policy
9. Photography and filming usage policy
10. Professional conduct and behaviour policy
11. Safeguarding and child protection policy
12. Volunteering policy
13. Whistleblowing policy

Policy sign off

Updates:

Appendix 1 – Protected characteristics and types of discrimination

Definitions

Equality - Recognising that historically certain groups of people within society have experienced common forms of discrimination. Ensuring that every individual has an equal opportunity to make the most of their lives and talent

Diversity - An active approach that recognises values and takes account of people's different backgrounds, knowledge, skills, needs and experiences and encourages and uses those differences to create a cohesive community and effective workforce

Inclusion - To positively strive to meet the needs of different people, and to take deliberate action to create environments where everyone feels respected and able to achieve their full potential

Protected characteristics

The Equalities Act 2010 identifies 9 protected characteristics, i.e.:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex;
• sexual orientation.

Types of Discrimination

The Act also identifies 7 types of discrimination, i.e.:

• direct discrimination – treating one person less favourably than another person because of they have a protected characteristic;
• discrimination by association – treating one person less favourably than another because they associate with a person who has a protected characteristic;
• discrimination by perception – treating someone less favourably than others because those others think that person has a protected characteristic – it applies even if the person does not in fact have the perceived protected characteristic;
• indirect discrimination – this can occur if an employer has practices, rules or policies that apply to everyone but that create a disadvantage for people with a protected characteristic – but see the section below for further information on this;
• harassment – unwanted conduct specifically related to a protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual;
• harassment by a third party – when an employee experiences harassment from someone who is not employed by We Are Grow, which may include service users, funders or suppliers; this applies if We Are Grow is aware of the harassment but takes no measures to stop it from happening.
• victimisation – when an employee is treated badly because they have made or supported a legitimate complaint or raised a legitimate grievance under the Act.

Legitimate aim

Indirect discrimination may be justified in some cases where the employer can show that it is reasonable and proportionate in achieving the organisation’s aims, although this will not include an aim of cost reduction – in other words, the organisation cannot discriminate against anyone with a protected characteristic because not to do so would be too costly, or because to do so would save money. The organisation will need to demonstrate that the indirect discrimination cannot be avoided without negatively impacting on its ability to manage its business. Appendix 2 includes an example of legitimate indirect discrimination.

Appendix 2 – Guidance for Managers on dealing with issues around equality, diversity and inclusion

We Are Grow is corporately liable for acts of bullying, harassment or discrimination by its employees but individual managers may also be held personally liable in the event of any legal proceedings being brought.

All We Are Grow managers are expected to encourage and foster an environment for staff that is free from all forms of unlawful discrimination, bullying and harassment, and to lead by example. Managers are expected to ensure that staff in their teams are aware of the behaviours expected from them under this policy. Managers are expected to act swiftly if unacceptable behaviour occurs, and to take a zero-tolerance approach to such behaviour.

If a staff member raises a complaint under this policy:

• Find a confidential and quiet place to talk.
• Listen carefully and ensure you understand the full facts.
• Consult with the People Manager, Lucy Hollis and, if applicable, your own line-manager, about what to do next – this may include conducting a full investigation into the complaint and/or invoking the Disciplinary Policy and Procedures.
• Ensure that the staff member raising the complaint is fully supported and knows where and how to access additional support if needed.
• While the matter is being investigated and as far as possible protect the staff member(s) against whom the complaint has been made and do not share details of the complaint with anyone not directly involved in the investigation.

Reasonable adjustments

Employers have a legal duty to make reasonable adjustments to ensure disabled employees are not at a disadvantage.

Examples of reasonable adjustments are:

• Making physical changes, e.g. widening doorways, providing ramps, audio- visual fire alarms, additional lighting etc.
• Providing extra aids or support, e.g. specialist equipment (chairs, desks, keyboards), information in alternative formats such as braille or audio, extra training, supervision or assistance.
• Changing the way things are done, e.g. adapting policies or rules on parking, flexible working, rest breaks, sick leave etc.

Appendix 3 – Equality, Diversity and Inclusion: overview of the We Are Grow Policy

Relevant legislation

1. Equality Act
2. Gender Recognition Act 2004
3. Human Rights Act 1998

Appendix 3 – Detailed definitions
Protected characteristics: as defined in the Equality Act 2010, these are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation
  

Age – the Equality Act protects people of all ages. However, different treatment because of age is not unlawful direct or indirect discrimination if it can be justified, i.e. if it can be demonstrated that it is a proportionate means of meeting a legitimate aim. Age is the only protected characteristic that allows employers to justify direct discrimination, for example because the Government’s National Minimum Wage has pay bandings according to age.

Disability – under the Equality 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, which would include things like using a telephone, reading a book, or using public transport. The Act puts a duty on an employer or a service provider to make reasonable adjustments for staff or service users to help them overcome disadvantage resulting from an impairment (e.g. by providing assistive technologies to help visually impaired staff use computers effectively).
The Act states that it is discrimination to treat a disabled person unfavourably because of something connected with their disability (e.g. a tendency to make spelling mistakes arising from dyslexia). This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know, that the person has a disability. This type of discrimination is only justifiable if an employer can show that it is a proportionate means of achieving a legitimate aim.
Additionally, indirect discrimination covers disabled people. This means that a job applicant, employee, or service user could claim that a particular rule or requirement that an organisation has in place disadvantages people with the same disability. Unless this could be justified, it would be unlawful. The Act also includes a provision that makes it unlawful, except in certain circumstances, for employers to ask about a candidate’s health before offering them work.

Gender reassignment - the Equality Act provides protection for people who are proposing to undergo, are undergoing, or have undergone a process (or part of a process) for the purpose of reassigning their sex by changing physiological or other attributes of sex. The Act does not require a person to be under medical supervision to be protected – so a woman who decides to live as a man but does not undergo any medical procedures would be covered. It is discrimination to treat people who are transgender less favourably for being absent from work because they propose to undergo, are undergoing, or have undergone gender reassignment than they would be treated if they were absent because they were ill or injured.

Marriage and Civil Partnership – the Equality Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected.

Pregnancy and Maternity - a woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination. An employer must not take into account an employee’s period of absence due to pregnancy-related illness when making a decision about her employment.

Race – for the purposes of the Equality Act ‘race’ includes colour, nationality, and ethnic or national origins.

Religion and Belief - in the Equality Act, ‘religion’ can mean any religion as long as it has a clear structure and belief system. ‘Belief’ means any religious or philosophical belief or a lack of such belief. To be protected, a belief must satisfy various criteria, including that it is a weighty and substantial aspect of human life and behaviour. ‘Religion or belief’ also includes a lack of religion and covers people if they do not follow a certain religion, or if they have no religion at all. Denominations or sects within a religion can be considered a protected religion or religious belief. Discrimination because of religion or belief can occur even where both the discriminator and recipient are of the same religion or belief.

Sex – in the Equality Act, ‘sex’ can mean either male or female, or a group of people like men or boys, or women or girls. Under the Act, ‘sex’ is biological (male, female, and intersex). However, the term ‘sex’ is often conflated with or used interchangeably with ‘gender’, which is a social construct and better understood as a spectrum relating to traditional roles. Non-binary individuals do not currently meet the definitions entitling them to protection under the Equality Act, although case law is always evolving. Non-binary is an umbrella term in which an individual identifies as either having a gender which is in-between or beyond the two categories ‘man’ and ‘woman, and/or fluctuating between ‘man’ and 'woman’, and/or having no gender - either permanently or some of the time.

Sexual orientation – the Equality Act protects bisexual, gay, heterosexual, and lesbian people.

Direct discrimination - this occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have (see ‘perceptive discrimination’), or because they associate with someone who has a protected characteristic (see ‘discrimination by association’).

Perceptive discrimination - this is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.

Discrimination by association - this is direct discrimination against someone because they associate with another person who possesses a protected characteristic. An example of associative discrimination might be a non-disabled person who is discriminated against because they need to care for a disabled relative.

Indirect discrimination – this can occur when a condition, rule, policy, or practice is applied equally to all individuals but particularly disadvantages people who share a protected characteristic.

Harassment – this 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, humiliating, or offensive environment for that individual”.

Harassment may be defined as any conduct which is unwanted by the recipient, is considered objectionable and/or causes humiliation, offence, distress or other detrimental effect. This expanded definition clarifies that individuals are able to complain of behaviour that they find offensive even if it is not directed at them, and the complainant need not possess the relevant characteristic themselves. Individuals are also protected from harassment because of a perceived protected characteristic or association with another person with a protected characteristic.

Third party harassment - the Equality Act makes an organisation potentially liable for harassment of its staff by people (third parties) who are not other employees, such as service users, visitors, etc. This could arise when harassment has occurred and the organisation has been made fully aware of this on at least two previous occasions, but reasonable steps have not been taken to prevent it from happening again.

Victimisation – this occurs when an individual is treated in a way that is detrimental because they have made a complaint about being discriminated against or harassed, they intend to make a complaint about discrimination or harassment, or they have acted or intend to act as a witness or give evidence in support of another person(s) relating to a complaint about discrimination or harassment.