Visiting Angels – Central Surrey

Equality and Diversity Policy (Ref HR-21)

Verified by: Policy and Procedure Committee (PPC)

Date: October 2020

Review Statement

Visiting Angels is committed to ensuring that policies provide dynamic, responsive, and accessible guidance. As an organisation, we are committed to ensuring that all policies are reviewed on an annual basis, but each policy will also be individually discussed and selected for early review by the Policy Review Steering Group in response to changes in legislation, regulation and best practice

Scope and Purpose of the Policy

Visiting Angels is committed to creating an organisation that actively promotes equality of opportunity for all and ensuring that no one receives less favourable treatment on the grounds of their age, disability, gender, gender identity, marital or civil partnership status, maternity or pregnancy status, race (including nationality or culture), religion or belief, sexual orientation or caring responsibilities in any aspect of their employment.

We aim to create a workplace in which people feel valued; treating people fairly and with dignity and respect at all stages of the employment. Visiting Angels expects its staff to treat each other and all clients with dignity and respect, in a non-discriminatory manner and in accordance with their individual needs.

This policy applies to all employees, clients, contractors, suppliers and associates of Visiting Angels.

Related Legislation, Regulation and Best Practice:

Equality Act 2010

Related Policies

Disciplinary Procedure

Whistleblowing Policy

Definitions:

• Direct Discrimination: is discrimination “because of” a protected characteristic, for example not employing someone because of their gender or disability. Direct discrimination applies to all protected characteristics.
• Indirect Discrimination: is when an employer has a policy, practice or procedure that applies to everyone but the policy particularly disadvantages people who share a protected characteristic and which cannot be justified in relation to the job. Indirect discrimination applies to all protected characteristics apart from pregnancy and maternity.
• Associative discrimination: is discrimination against a person because they have an association with someone with a particular protected characteristic. Associative discrimination applies to all protected characteristics apart from marriage and civil partnership and pregnancy and maternity.
• Perceptive discrimination: is discrimination against a person because the discriminator thinks the person possesses that characteristic, even if they do not in fact do so. Perceptive discrimination applies to all protected characteristics apart from marriage and civil partnership and pregnancy and maternity.
• Harassment: 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.
• Victimisation: victimisation occurs when an employee is treated badly (suffers a detriment) because they have made or supported a complaint or raised a grievance under the Equality Act 2010 or because they are suspected of doing so

Description of Policy and Procedure:

We are fully committed to complying with the Equality Act 2010 and the Essential Standards of Quality and Safety. This policy states our approach to ensuring the equal treatment of all clients, staff and third parties regardless of their age, disability, gender, gender identity, marital or civil partnership status, maternity or pregnancy status, race (including nationality or culture), religion or belief, sexual orientation or caring responsibilities.

We will not accept any behaviour that may be considered discrimination, harassment, bullying, victimisation or favouritism.

Protected Characteristics

The Equality Act recognises certain characteristics which are ‘protected’ from discrimination.

Staff, Clients and any third party that they work with will not be discriminated against due to a protected characteristic that they may have. The “protected characteristics” defined under the Equality Act are:

1. Age
2. Disability
3. Gender Reassignment
4. Marriage and Civil Partnership
5. Pregnancy and Maternity
6. Race
7. Religion or Belief
8. Sex
9. Sexual Orientation

Diversity

We recognise the diversity, values and human rights of people who use our services.

Visiting Angels aims to celebrate differences between individuals and conducts diversity monitoring within its’ own environment. It recognises that treating people unequally can result in them losing their dignity, respect, self-esteem, self-worth and ability to make choices. We do not assume that following diversity principles apply only to staff; Clients are requested to respect the diversity of staff when expressing their views and preferences.

We also recognise the diversity of Clients. This is identified through the Individual Needs Assessment and allows the Client to tell us how they wish to be supported. We then “match” suitable Caregivers to the needs of the Client. This process encourages Clients to express their individuality and to follow their preferred lifestyle. We expect all staff and Caregivers to work to our diversity principles and to behave in a non-discriminatory way at all times.

Discrimination

We do not permit any form of discriminatory behaviour from whatever source. We also recognise that discriminating against someone can lead to them losing their self-worth, their dignity and their self-esteem. Discrimination can take place in a number of ways and can result from conscious or subconscious attitudes and behaviour.

We seek to avoid any form of discrimination being practised by careful monitoring, supervising and training.

Regular communication with all Clients takes place with the Registered Manager. This may take the form of a spot check, telephone call or review. This will allow the Client to confidentially report any form of discrimination that has occurred.

In either situation of a Client or staff reporting an incident of discrimination the following procedure will be followed:

1. The individual reporting the incident of discrimination will be supported and encouraged to provide details of the incident. This will be in the environment of a meeting with the Registered Manager and all details will be recorded on the Incident Reporting Form.
2. All information relating to the incident that is reported will be treated confidentially.
3. We will investigate the incident and determine whether the actions fall within one of the definitions of discrimination under the Equality Act.
4. If the discrimination is deemed to be as a result of the actions of a staff member this will be treated seriously, and the appropriate actions will be taken against that staff member.
5. If the discrimination is deemed to be as a result of actions of a Client to a member of staff, we will inform the Client that this treatment of staff is not acceptable and will look to support the Client to treat staff without discrimination. We will aim to protect the person who has been discriminated against and remove them from that Client’s residence if required. We may exercise their right to withdraw from the contract for the provision of services.

Harassment

We are committed to supporting Clients or staff who are experiencing harassment and encourage them to report incidents.

Harassment may take the form of:

1. Verbal abuse
2. Isolation
3. Physical contact
4. Insensitive comments
5. Sexual innuendos or advances

If a Client or a member of staff makes a report of harassment to us, we will follow the procedure below. At all times a supportive and enabling environment which encourages the individual to report the harassment will be provided.

1. A meeting will be held with the Registered Manager and the individual to discuss the details of the harassment. We will record the details of the harassment on the Incident Reporting Form.
2. The individual will be supported to detail the incident and describe how they felt. They will be given time to explain and will be listened to.
3. Information provided to us will be treated confidentially and will only be provided to other agencies, if required, with permission of the Client or the member of staff.
4. We will investigate the incident to determine whether it comes under the definition of harassment and what action will be taken as a response.
5. If we are unable to help the individual, they will be supported to contact other agencies who can help.
6. If the harassment is deemed to be as a result of actions of a staff member this will be treated as a disciplinary offence and the Disciplinary Procedure will be followed.
7. If the harassment is deemed to be as a result of actions of a Client to a member of staff, we will inform the Client that this treatment of staff is not acceptable. We will aim to protect the person who has been harassed and remove them from that Client’s service if required. We may exercise our right to withdraw from the contract for the provision of services.

The Equality Act also protects staff who are affected by harassment which is not aimed at them. In this situation we will follow the above procedure and ensure that the staff member is supported through this.

The Act also covers staff who are harassed by third parties, for example, Clients or their relatives. We will encourage all members of staff to report any incidents of harassment and the above procedure will be followed.

All reports of harassment are treated seriously and will be investigated. Any allegations of harassment that are found to be merely flippant or malicious may render the person who made them liable to actions taken against them.

Victimisation

Staff are encouraged to raise any concerns of victimisation with the Registered Manager. This is in line with our Whistleblowing Policy.

If it is found that a staff member has suffered victimisation, it will be considered as misconduct and the appropriate disciplinary action will be taken.

All reports of victimisation are treated seriously and will be investigated. Any allegations of victimisation that are found to be merely flippant or malicious may render the person who made them liable to appropriate action taken against them.

Recruitment, advertising and selection

The recruitment process will be conducted in such a way as to result in the selection of the most suitable person for the job in terms of relevant experience, abilities and qualifications. The Company is committed to applying its equal opportunities policy statement at all stages of recruitment and selection.

Advertisements will encourage applications from all suitably qualified and experienced people. When advertising job vacancies, in order to attract applications from all sections of the community, the Company will, as far as reasonably practicable:

• ensure advertisements are not confined to those publications which would exclude or disproportionately reduce the number of applicants who have a particular protected characteristic.
• avoid prescribing any unnecessary requirements which would exclude a higher proportion of applicants who have a particular protected characteristic.
• where vacancies may be filled by promotion or transfer, publish these to all eligible employees in such a way that they do not restrict applications from employees who have a particular protected characteristic.

The selection process will be carried out consistently for all jobs at all levels. All applications will be processed in the same way. The staff responsible for short-listing, interviewing and selecting candidates will be clearly informed of the selection criteria and of the need for their consistent

application. Person specifications and job descriptions will be limited to those requirements that are necessary for the effective performance of the job. The selection of new staff will be based on the job requirements and the individual’s suitability and ability to do, or to train for, the job in question.

With disabled job applicants, the Company will have regard to its duty to make reasonable adjustments to work provisions, criteria and practices or to work premises in order to ensure that the disabled person is not placed at a substantial disadvantage in comparison with persons who are not disabled.

If it is necessary to assess whether personal circumstances will affect the performance of the job (for example, if the job involves unsociable hours, travel or manual lifting), this will be discussed objectively, without questions based on assumptions about race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment, age, marital or civil partnership status, disability, health, children and/or domestic obligations.

Training and development

Line managers will be responsible for ensuring they actively promote equal opportunity within the departments for which they are responsible and that all employees are suitably trained and knowledgeable and understand their rights and responsibilities in relation to dignity at work and what they can do to create a work environment that is free of bullying and harassment through communication of this policy.

The Company is committed to the training and development of all employees and supporting all employees to realise their full potential. Access to training is provided on the basis of need. Training and development opportunities are offered on a fair basis to all employees in line with our equal opportunities policy. The Company ensures that no employee receives less favourable treatment or consideration on the grounds of any protected characteristic.

Terms of employment

All terms of employment will be reviewed from time to time, in order to ensure that there is no unlawful discrimination on the grounds of a protected characteristic. This includes pay, and the Company is committed to equal pay in employment. It believes its male and female employees should receive equal pay for like work, work rated as equivalent or work of equal value. In order to achieve this, the Company will endeavour to maintain a pay system that is transparent

Monitoring

Employees and job applicants may be asked to give personal details relating to sex, race, ethnic origin and any disabilities.

This information will be used for the purpose of monitoring the effectiveness of this Equal Opportunities Policy only.

Breaches of this policy

We take a strict approach to breaches of this policy, which will be dealt with in accordance with our Disciplinary Procedure. Serious cases of discrimination or harassment may amount to gross misconduct resulting in dismissal.

If you believe that you have suffered discrimination you can raise the matter through our Grievance Procedure. Complaints will be treated in confidence and investigated as appropriate.

There must be no victimisation or retaliation against staff who complain about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Procedure.

Roles and Responsibilities:

Employees

Employees must ensure that:

• They act in ways that are in accordance with this policy
• They act fairly and compassionately, treating other people as individuals and responding to their needs
• respect others’ privacy and dignity
• they do not discriminate, harass or intimidate others or encourage other people to do so
• they use communication methods that other people understand when carrying out duties
• take account of their own behaviour and its effects on others
• inform their manager if they become aware of any behaviour that undermines equality and diversity
• They co-operate with the Company to prevent discrimination or harassment
• They draw the attention of their line manager to suspected discriminatory acts or practices or suspected cases of harassment
• They do not victimise or retaliate against an employee who has made allegations or complaints of discrimination or harassment or who has provided information about such discrimination or harassment

Registered Manager

The Registered Manager must ensure that:

• They set an appropriate standard of behaviour, lead by example, and ensure that those they manage adhere to the policy and promote our aims and objectives with regard to equal opportunities.
• There is appropriate training through which staff and managers are made aware of equality and diversity issues and of their responsibilities in relation to colleagues, clients, visitors and the wider community.
• They take all reasonable steps to ensure that individuals are treated fairly in all aspects of their employment which includes any employment offer, terms of employment and opportunities such as training and promotion.
• They treat all employees fairly on the basis of their experience, abilities and qualifications, without regard to any protected characteristic
• They create an environment in which individual differences and the contributions of all our staff are recognised and valued.
• They provide a work environment in which all employees are treated with respect and dignity and that is free of intimidation, bullying and harassment.
• They take appropriate action against anyone who is found to have committed an act of improper or unlawful harassment against an employee or client.
• They promote fairness and equality in the workplace which we believe is good management practice and makes sound business sense

Visiting Angels Quality Statement

In addition to compliance with all legislative, regulatory, and best practice requirements, Visiting Angels organisations must adhere to franchise quality and excellence standards.

In relation to The Equality and Diversity Policy, Visiting Angels extends the cover of the equal opportunity policy to those with caring responsibilities which is over and above legal requirements