EQUAL OPPORTUNITIES
What is meant by Equal Opportunities?
Equal opportunities is not about treating everyone in the same way. Nor is it about giving someone an unfair advantage or unjustified preferential treatment at the expense of others. Equal opportunities is about treating everyone fairly and ensuring that they have equal access to services and employment.
If you need advice relating to Equal Opportunities you can email our EO Helpline - htphelp@aol.com The service is confidential and free of charge.
HTP can arrange training in all areas of Equality and Diversity, please contact us for more information.
What is Discrimination?
All discrimination is unlawful. There are various types of discriminatory practice.
- Direct Discrimination - treating someone less favourably than another in any aspect of services, recruitment, employment, education, training, promotion, re-deployment, redundancy, appraisal, job analysis, terms and conditions, allocations of contracts of any kind.
- Indirect Discrimination - applying a requirement or condition which, whether intentionally or not, adversely affects any person, or member of a particular group, considerably more than others and cannot be justified.
- Institutional Discrimination - the collective failure of an organisation to provide appropriate services to people because of their colour, sex, disability etc. It can be seen in the processes, attitudes and behaviour, which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantage certain people.
- Victimisation - victimising an individual who makes a complaint in good faith under the Race Relations, Sex Discrimination or Disability Discrimination Acts, or who gives evidence in connection with proceedings brought under these Acts.
- Bullying - is often associated with the role of managers in the workplace, although anyone can be a bully. The essence of bullying is taking advantage of weakness. Bullying is unacceptable; it devalues individuals and as such is completely against the ethos of equal opportunities.
- Harassment - is the interference with a person's comfort or safety. It can be physical or verbal abuse or intimidation; it includes attacks on and damage to property. It is often premeditated or recurring. Harassment is unlawful.
- Sexual Harassment - there is no one definition of what constitutes sexual harassment but generally speaking it is unwanted, unreasonable and offensive words or conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men. Examples of sexual harassment could include:
- Unwanted physical contact;
- Insults or ridicule of a sexual nature;
- Leering or pestering;
- The display or circulation of sexually explicit material;
- Applying pressure, by threats or inducement, to obtain sexual favours;
- Sexually explicit remarks, jokes or actions can also be offensive.
- Racial Harassment - The report into the death of Stephen Lawrence defines racial harassment as “any incident which is perceived to be racist by the victim or any other person”. HTP fully accepts this definition and extends the principle of perception to all cases of racial harassment.
What action is legal?
- Positive Action - The Sex Discrimination and the Race Relations Acts, allow employers and education providers to encourage applications from a particular gender (sex) or racial group because they are under-represented in specific occupations or learning courses. Legislation also allows employers to arrange training courses exclusively for existing employees from under represented groups. These measures are known as Positive Action. Applicants do not, however, receive favourable treatment during the recruitment process.
- Genuine Occupational Qualification - When recruiting, an employer can discriminate in favour of a person from a particular ethnic or gender group where a person's ethnicity or gender is a genuine occupational qualification (GOQ) for a particular job. GOQ's can be claimed in very limited circumstances.
- Affirmative Action - A person (or group) working, training or living in an environment where he or she is in a minority may need special support, for example by additional training or mentor support. HTP shall offer every opportunity to assist the individual concerned to meet the agreed needs identified through the appropriate consultation process.
Equal Opportunities Legislation
The following is a brief description of the main legislation relating to equal opportunity:
- Equal Pay Act 1970 - unlawful to discriminate between men and women with regard to pay and other terms of employment.
- Sex Discrimination Act 1975 - unlawful to discriminate directly or indirectly against women or men on the grounds of a person's sex or marital status.
- Race Relations Act 1976 - unlawful to discriminate directly or indirectly against anyone on racial grounds, which includes colour, race, nationality, ethnicity or national origin.
- Disability Discrimination Act 1995 - unlawful for an employer or a provider of services to treat people with disabilities less favourably because of his or her disability. Employers and providers are expected to provide reasonable changes (adjustments) to the workplace or to the service provided whilst ensuring that health and safety rules are not broken.
- The Protection from Harassment Act 1997 - protecting persons from harassment and bullying. Harassment cases can also be challenged under the Sex Discrimination Act. Please see handbook for HTP's Protection Against Harassment Policy.
- Public Interest Disclosure Act 1998 (also known as Whistle Blowing) - to protect individuals who make certain disclosures of information in the public interest, for example that a person has failed to comply with any legal obligation to which they are subject, and to allow such individuals to bring action in respect of victimisation. Please see handbook for HTP's Whistle Blowing Policy.
- Human Rights Act 1998 - significant legislation adopted by the UK in 1998. The Act endeavours to protect individuals right to freedom, security and choice.
- Police Act 1997 - this Act established the Criminal Records Bureau- for employers to seek disclosure of any criminal or social records and convictions of potential employees. As with the previous system of police checks, the main aim of the new arrangements is to enable employers to obtain information about those who will be working with young people or with people of all ages who may be vulnerable for other reasons. HTP will comply all Learning Centres who have access to vulnerable people will seek the necessary levels of disclosure for all staff liable.
