Fun in Action for Children – Equality and Diversity Policy

Fun in Action for Children – Equality and Diversity Policy
Background and legal changes
A new Equality Act came into force on 1 October 2010. The Equality Act brings together separate pieces of
legislation into one single Act. The nine main pieces of legislation that have merged are:
• 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.
Protected characteristics
UK Parliament introduced the concept of ‘protected characteristics’ as a fundamental of the single equality
legislation. These characteristics are the same as those currently protected by equality law. There are nine
protected characteristics that employees and people who use the organisation’s services might have. These
are:
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sexual orientation
• Sex (gender)
• Age*
*Discrimination on grounds of age (over 18s) is unlawful in the provision of goods, services and facilities, but
the provisions are not coming into force until 2012.
There is now a General Duty for organisations to:
 remove disadvantages suffered by people due to their protected characteristics
 take steps to meet the needs of people from protected groups where these are different from the
needs of others
 Encourage people from protected groups to participate in public life or other activities where their
participation is disproportionately low
The duty requires equality considerations to be reflected into the design of policies and service delivery and for
such issues to be kept under review.
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The new Equality Act is a mixture of rights and responsibilities that have:
• Stayed the same – for example, direct discrimination still occurs when "someone is treated less favourably
than another person because of a protected characteristic" e.g. rejecting a job applicant because he has a same
sex partner.
• Changed – for example, employees will now be able to complain of harassment even if it is not directed at
them, if they can demonstrate that it creates an offensive environment for them.
• Been extended – for example, associative discrimination (direct discrimination against someone because
they associate with another person who possesses a protected characteristic) will cover age, disability, gender
reassignment and sex as well as race, religion and belief and sexual orientation
• Been introduced for the first time – for example, the concept of discrimination arising from disability, which
occurs if a disabled person is treated unfavourably because of something arising as a result of their disability.
Under the Equality Act people are not allowed to discriminate, harass or victimise another person because
they have any of the protected characteristics. There is also protection against discrimination where someone
is perceived to have one of the protected characteristics or where they are associated with someone who has a
protected characteristic.
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Principles and commitment to action
Fun in Action for Children recognises that many people in our society experience discrimination or lack of
opportunity for reasons that are not fair. These include: race, religion, creed, colour, national and ethnic origin,
political beliefs, gender, sexual orientation, age, disability (including mental illness) HIV status, marital status,
responsibility for dependents, geographical area, social class, income level or criminal record.
As a charity we are committed to a Policy of Equality of Opportunity which respects the identity, rights, and
value of each individual. This means opposing all direct and indirect discrimination in the organisation. We also
recognise that by creating an environment where all staff and volunteers and families feel valued and
supported, we help them realise their potential, thus adding to the human capital and capabilities of the
organisation.
Our commitment to Equality and Diversity expressed in this policy is in place to ensure our intentions and
purpose are reflected in the way the organisation plans, makes decisions, recruits staff and volunteers, delivers
services and supports staff volunteers and service users. Our aims are:
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To create an environment in which individual differences and the contributions of all our employees,
trustees, volunteers and service users are recognised and valued.
To create a working environment that promotes dignity and respect for all. No form ofintimidation,
bullying or harassment will be tolerated.
To ensure training, development and progression opportunities are available to all.
To regularly review all employment and volunteering practices and procedures to ensure that no job
applicants, staff, trustees or volunteers are treated less favourably than others.
To regularly review services to ensure they are accessible and appropriate.
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To treat breaches of the equality policy seriously and to take disciplinary action whenrequired.
To provide information and training to all employees, trustees and volunteers so they are fully aware of
the issues relating to Equality and Diversity and their responsibilities relating to it.
To ensure diversity among members is valued and the differingneeds of individuals are taken into
account.
To actively seek to ensure membership is available to hard to reach groups and those underrepresented.
To ensure the policy is fully supported by the Fun in Action Management Committee.
To monitor and review the policy annually and to take positive action to tackle underrepresentation
where this is highlighted.
At all times we seek to develop a better understanding of the importance of treating everyone fairly and to
recognising that people do not fit into neat boxes and are in fact multifaceted.
We recognise our obligation to think ahead and address any barriers to the implementation of these policies.
We have therefore put in place an Action Plan, to ensure our Equality and Diversity policy is fully implemented
(see details at the end of this document).
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Procedures
Section 1: TRUSTEES, VOLUNTEERS AND PAID STAFF
a) General
1. Fun in Action for Children will act positively in using the Equality and Diversity Policy as a means of
making public its commitment to provide equal opportunities to all present and future employees,
trustees and volunteers.
2. Fun in Action for Children encourages all employees to apply for suitable opportunities and to seek
training for promotion or in particular skills.
3. The Equality and Diversity Policy is in addition to the staff Contract of Employment.
4. Any form of discrimination by an employee, trustee or volunteer is treated very seriously and where
appropriate will be dealt with using the Disciplinary Procedure.
5. Fun in Action for Children aims to ensure that the Management Committee reflects the diversity of the
population of Brighton and Hove wherever possible.
b) Recruitment
Job descriptions and person specifications
Job descriptions and Person Specifications are prepared for all posts. The job descriptionindicates the
responsibilities and tasks to be undertaken by the job holder. The PersonSpecification describes the
qualifications, skills and abilities required. A list of preferred criteria is also prepared. Care will be taken to
ensure that neither the description nor the specification are discriminatory on the grounds quoted in the Policy
Statement.
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c) Advertising
Fun in Action for Children will use a range of advertising methods in order to attract the widest pool of
appropriate applicants for both paid staff and volunteers. Vacancies for new and existing paid employment will
normally be advertised internally and externally. All our advertising will:
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Contain the statement 'Fun in Action for Children is an 'Equal Opportunities Employer'.
Ensure that we do not exclude, discriminate against, or discourage any particular group from applying
nor make it difficult for any one from such a group to apply.
Refer to the job description and person specification in order give information about the requirements
of the job.
Give clear instructions about obtaining the application pack.
Ensure the setting of age limits as a matter of general recruitment policy or as a criterion of any specific
job must be justifiable and non- discriminatory.
d) Applications and short listing for staff vacancies
All applicants will be asked to fill out an application form which contains only informationessential and relevant
to the appointment. Different formats will be made available.
Applications for staff posts will be short listed by at least 2 people. Short listing will be performed on the basis
of objective criteria and the extent to which candidates have shown, in the application form that they meet the
required Person Specification, and can carry out tasks and responsibilities required of the post-holder. Formal
qualifications and standards of literacy and numeracy will only be taken into account when they are recognised
as necessary for a particular job.
Short listed candidates will be invited to an interview. Staff and members of the Management Committee
responsible for short-listing, interviewing and selection of candidates for paid posts will be:
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Clearly informed of selection criteria and the need for their consistent application
Given guidance on the effects which generalised assumptions about people from groups quoted in the
Policy Statement can have on selection decisions
Made aware of the possible misunderstandings that can occur between persons fromdifferent cultural
backgrounds
e) Interviewing for staff vacancies
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All interviews will be carried out by a minimum of 2 people, the names and gender of
interviewees will be made available in advance.
The questions asked will seek to gather objective evidence in support of the job description and person
specification. The same questions will be asked of all candidates applying for the job.
Disabled candidates will be asked if they need support during the interview process or
adjustments should they be offered the position.
Notes will be taken and evidence gathered against the job description and person specification.
All candidates will be asked about their eligibility to work.
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All questions that are put to the applicants will relate to the requirements of the job, except where
child protection concerns take precedence in accordance with Home Office recommended practice
contained in the Warner Inquiry (HMSO).
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If it is necessary to assess whether personal circumstances will affect the performance of the job (for
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example, if the job involves unsociable hours or extensive travel) this will be discussed objectively,
without detailed questions based on assumptions about race, gender, culture, class, caste, religion,
national origin, sexual orientation, disability, marital status, children or domestic obligations.
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Selection for staff vacancies
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All candidates will be scored against the job description and person specification. The highest scoring
applicants will be offered the position.
Offers will be made to successful candidates, subject to satisfactory references and CRB check.
All unsuccessful candidates will be informed of the result of their application and offered brief
feedback.
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g) CRB Policy
Fun in Action for Children requires applicants for all positions (employees, trustees and volunteers) to complete
enhanced disclosures. This requirement will be clearly stated in the application pack.
h)
Ex-Offenders
Fun in Action for Children will not discriminate against ex -offenders with unspent convictions for all positions
(employees, trustees and volunteers), unless those convictions are material to the post. All applications will be
considered on an individual basis.
i) Induction and training
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All employees, trustees and volunteers will be required to follow an appropriate inductionprocess to
ensure they are equipped to do the job.
All employees, trustees and volunteers will receive training and support on the Equality and Diversity
policy procedures and action plan as part of their induction.
J) Recruitment Monitoring
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All applicants will be asked to complete an anonymous monitoring form as part of theapplication pack
(to be returned in a separate envelope).
The 2001 Census categories will be used in order to monitor ethnicity (as recommended by the
Commission for Racial Equality). An additional category for Gypsy and Travellers will be included.
The monitoring form will monitor age, race, ethnic origin, religion, gender, marital status,
disability. We will also seek to monitor sexual orientation, taking into account the sensitive nature of
this information (see later notes). Recruitment statistics will be produced on a bi- annual basis and
presented to the Trustees.
k) Group Development Resources
a) Flexible workingfor paid staff (volunteer posts are all flexible working contracts)
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Fun in Action for Children will consider all requests for flexible working arrangements constructively
and creatively, taking account of the balancing the needs of the organisation with the needs of the
individual employee.
Fun in Action for Children will offer a range of flexible working arrangements and will work
collaboratively to identify solutions that suit both the individual and the organisation.
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Fun in Action will continue to offer part time, flexitime working, compressed hours, term time working
and working from home in order to support our staff team.
b) Promotion for paid staff
All vacancies will be advertised internally and externally, where appropriate.
c) Training
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All employees, trustees and volunteers have access to a range of training opportunities which are
regularly circulated.
Training opportunities will be discussed during supervision sessions and selection for training will be
made on the basis of both the needs of the charity set out in the Business Plan and the personal
development of the individual.
Special needs and requirements for people with disabilities or caring responsibilities will be taken into
account whenever practicable and methods sought to help them overcome disabilities in taking up
training opportunities.
Staff with management, recruitment and selection responsibilities will be given guidance in the
implementation of the Equal and Diversity Policy to ensure that they understand their position in law
and under the Organisation's policy.
Induction training will include an explanation of the Equal Opportunities Policy and arequirement to
undertake formal training within the probationary period of employment.
d) Terms and conditions
a) Annual Leave and Religious Holidays for paid staff (special consideration will be included as a right for
volunteers as part of their contract with Fun in Action for Children).
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Fun in Action for Children will not ask about an employee’s religion and will not discriminate against
anyone wishing to celebrate their festivals. Employees are required to use part of their annual holiday
entitlement to cover time off for these and must follow the normal holiday booking procedure.
b) Volunteer expenses policy
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FUN in Action for Children will ensure that expenses incurred by befrienders are paid in line with the
expense policy, so that people experiencing economic disadvantage are not prevented from befriending.
c) Volunteer satisfaction monitoring
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Volunteers will be asked to complete written detailed monitoring surveys (pre-match and on-going every
12 months) to evaluate their satisfaction with the scheme and identify any problem areas.
e) Cultural and religious needs
Where employees, trustees or volunteers have particular cultural and religious needs, Fun in Action for
Children will consider whether it is reasonably practicable to meet these needs while maintaining the efficiency
of the business.
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f) People with disabilities
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Fun in Action for Children will make genuine efforts to recruit people with disabilities and take
reasonable steps to make the workplace and individual jobs accessible to people withdisabilities.
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Fun in Action for Children will regularly review its facilities for disabled employees, trustees and
volunteers and will try to overcome any problems faced wherever practicable and within reasonable
resources available.
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Fun in Action for Children will ensure that people have maximum access to employment opportunities
and to meetings and events, regardless of any disability.
g) Grievance and Disciplinary Procedures
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Fun in Action for Children will take seriously any complaints of discrimination and will not victimise
people who make such complaints.
Staff, trustees and volunteers will be made aware as part of the induction process of their
responsibilities in relation to Equality and Diversity and that discriminatory behaviour will be fully
investigated and dealt with using the Disciplinary Procedure.
h) Bullying and Harassment
Fun in Action for Children upholds the right of all employees, trustees, volunteers and service users to be
treated with respect and dignity and to work in an atmosphere free of bullying and harassment.
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All employees, trustees and volunteers are responsible for ensuring that their own behaviour is
sensitive to others and for ensuring that they do not condone or support the bullying or harassing
behaviour of others.
All complaints of bullying and harassment will be treated seriously and should be raised using the
Grievance Procedure. All complaints will be investigated and where appropriate, The Disciplinary
Procedure will be followed.
j) Monitoring
a) Monitoring the workforce
Employees, trustees and volunteers will be asked to fill out a monitoring form on appointment. Where it is
possible to do so and where doing so will not cause offence or discomfort to those whom it is intended to
protect, we will monitor the sexual orientation and religion or belief of staff, trustees and volunteers along with
the other information on age, gender, ethnicity, disability and marital status. The monitoring forms will be
reviewed on a bi- annual basis and statistics presented to the Charity Trustees.
We will store equal opportunities data as confidential personal data and restrict access to this information.
Equal opportunities information will be used exclusively for the purposes of our monitoring and have no
bearing on opportunities or benefits provided.
b) Recruitment monitoring - see above
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Section 2: SERVICE PROVISION
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Fun in Action for Children will endeavour to ensure that its services to, and for, the voluntary sector are
sensitive and appropriate to respond to, and meet the needs of, all groups whenever practicable, i.e.
taking account of the needs of minority groups.
Fun in Action for Children will take all reasonable measures to provide all communication in formats
that enable people with different abilities and languages to access information about our services.
Fun in Action for Children is a small organisation and is partly dependent for referrals for the service
from statutory and other agencies. Within these limitations we will monitor and ensure that no child or
young person is excluded from the service on the grounds of race, religion, creed, colour, national and
ethnic origin, gender, sexual orientation, age, disability (including mental illness) geographical area,
social class, or criminal record.
Fun in Action for Children will ensure that all our advertising and promotional material includes
contributions and images from a range of people from different backgrounds in order to present an
inclusive and welcoming public face.
We take seriously the need for children from the black and minority ethnic community to have access
to opportunities to develop their cultural identity and a sense of belonging and where possible we
match them with a volunteer from a similar background.
Fun in Action for Children will take care to assess what parents and children understand about the
service and where appropriate ask them how they need to communicate – rather than making
assumptions about this based on their ethnic origin, age or disability.
Fun in Action for Children will also ask service users if there are any adjustments we can make to help
him or her to get better access to the service, for example those with visual or hearing impairments
might prefer responses in different format e.g. email or phone based.
Fun in Action for Children will take care to avoid unintentionally discriminatory passages appearing in
published, printed or spoken material.
Fun in Action for Children will work with others to ensure that the diversity of the population in
Brighton and Hove is recognised and celebrated.
Where possible steps will be taken to provide appropriate outside support to service users who are
unable to communicate effectively in English.
All families who join the scheme will continue to be asked to abide by the conditions of our Equality
and Diversity policy which is summarised in their parent and children's guidebook and also in the
agreement form which they sign before their child is matched with a befriender.
Fun in Action for Children will ensure its premises and services are accessible to people with disabilities
as far as possible. This involves paying attention to how we meet the needs of service users with a
disability who may require a reasonable amount of adjustment to be made. We recognise disability can
take a number of forms including physical, sensory, learning, mental health, long term health
conditions.
Fun in Action for Children will add an open statement to our website in order to make our policies and
procedures for meeting the diverse needs of service users widely available.
In addition to the one to one befriending service, Fun in Action for Children provides a programme of
four group outings and parties in each calendar year. Fun in Action for Children will ensure these are
held in accessible venues, that no alcohol is permitted, a range of diets are catered for, transport is
arranged to help those with mobility problems and dates are set to avoid clashes with major religious
and cultural festivals whenever possible.
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Fun in Action for Children is committed to making sure staff are sufficiently trained and experienced to
deal with all people with courtesy, politeness and consideration regardless of their background or
presentation.
Fun in Action for Children will continue to take a leading role in combating any form of discrimination
both within the community that is Fun in Action and in the wider community
Responsibility
It is the Project Manager’s responsibility working with the Trustees from the Fun in Action for Children
Management Committee to ensure the implementation of the Equality and Diversity Policy. Appropriate funds
will be sought to implement approved aspects of the Policy which require special and additional resources.FUN
in Action for Children is registered under the Data Protection Act as a data controller and is conscious of its
obligations under this Act, bearing in mind the sensitive personal data held by the organisation (The Data
Protection Act places a responsibility on organisations that collect sensitive personal information, to ensure that
the information is fairly and securely processed, relevant and used for limited purposes, accurate and up to date
and not kept for longer than is absolutely necessary).
All employees, trustees and volunteers have the individual responsibility to:
• Follow procedures introduced to ensure equal opportunity and non-discrimination;
• To draw the attention of management to suspected or alleged discriminatory practices;
• To refrain from harassing or intimidating other employees, trustees, volunteers and service users of
Fun in Action for Children on any of the grounds cited in the policy statement.
REVIEW - The organisation will review the operation of this policy yearly and more regularly if we identify
any non - compliance under this policy or barriers to equal opportunities.
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Equality and Diversity Audit and Action Plan
Background
Equality monitoring of statistics in relation to the demographics of staff, volunteers and service users is
currently completed on a regular on-going basis and summarised bi -annually at the 31st March and the 30th
September. This tells us the outcomes of selection procedures for staff and befrienders, which groups are using
our services and the extent to which we are catering to the needs of people from a range of backgrounds and
with diverse needs. The charity also collects annual written feedback feed-back on satisfaction levels from
parents, children and volunteers.
This data has been used toassess how our Equality and Diversity Policy is being put into practice and to make
adjustments when needed. It has:
• Led to reviews of our service delivery by comparing our performance over time.
• Helped us develop services and assist with making changes.
• Enabled us to see who is using our services and how satisfied they are with them.
• Led us to consider ways of reaching under-represented group and to set targets (and monitor their progress)
to increase the representation of theseunder-represented groups (for example lone fathers).
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• Helped us ensure we provide services fairly. For example, when the information shows that a group of people
are not accessing our services then we would find out why and try to remove any barriers.
We recognise however that more needs to be done and that this policy is only effective when seen as a 'living
document' which will develop and respond over time to new challenges and equality ambitions.
Preparation for further action on promotion of equality and diversity
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Conduct an audit into current practise to identify which areas we are good at and which we need to
improve on. Make the latter priorities.
Decide what we can reasonably achieve in the next 12 months given other pressures. Use this
knowledge to decide priorities and a timetable for action
Decide who will be assigned each piece of work.This could be personal development opportunity for
staff and/ or trustees.
Think about setting up an equality and diversity working group.
Possible Actions/ areas for development
1. Review all the methods of data collection and recording. Analyse and assess statistical information
gathered to ensure no groups are discriminated against.
2. Train staff and volunteers to integrate the policy and the guidelines on equality law into their activities.
This training may focus on an update on the Equality Act 2010 providing the background to it, an
overview of the key changes and what this will mean for the charity in implementing the changes
required. For example we need to explain what discrimination by association and perception means,
that third partyharassment has been extended to cover all nine protected characteristics and that
there is a new section in the Act which prohibits asking pre-employment health related questions
unless under certain circumstances. (*See training plan below).
3. Policy use:
 Ensure our policies and practises are reviewed to determine they are fair.
 Ensure staff and volunteer recruitment and selection is guided by policy and there are clear
links between the policy and complaints, grievance and disciplinary procedures.
 Ensure up to date reference is made to policy in all agreement with volunteers, parents, and in
the Befrienders Guidebook (BBG).
 Approach service users and or volunteers to gather perceived organisational commitment to
equality and diversity.
4. Update information on the demographics of the population from which we draw our employers,
volunteers and service users. Compare these with Fun statistics. Decide on action needed to readdress
any unbalance. Refer to the Commission for Racial equality Website as a source for developing
awareness of cultural differences, languages spoken and ethnic diversity of Britain.
5. Improve clarity of data monitoring:
 Make it clear to people that the information they provide is given voluntarily.
 Openly explain organisation’s reasons for monitoring. That the data will remain strictly
confidential.
 Tell them what we will do with the information. Review all data protection safeguards.*
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Note* : It is good practice to highlight the existence of data protection safeguards in relevant materials as this
may encourage individuals to answer equality monitoring questionnaires. It is also important for the charity to be
aware that there are particular sensitivities associated with several of the monitoring categories.
6. Review equality policies:
 Make sure that they cover all relevant protected characteristics.
 Consider whether there are any groups that are not as well represented among our service
users as they should be, and if so consider whether positive action could be taken to encourage
them to use the organisation more. Positive action covers a range of measures which we can
legally take to achieve greater diversity and target underrepresented groups and/ or those with
a 'protected characteristic'.
 Clarify the difference between positive action *(legal) and positive discrimination (illegal).
 Contact 'Stonewall' to ensure monitoring our practise is meeting guidelines for sensitivities on
collecting data on sexual orientation of volunteers.
 In recognition of the need to make 'reasonable adjustments' review policies on recruitment of
disabled volunteers to include 'anticipatory duty'. **
Note *: Positive Action is lawful and voluntary. Positive action involves taking proportionate steps that will enable or
encourage people who share a protected characteristic to overcome or minimise a disadvantage, to meet their
needs, or to participate in an activity when there are disproportionately low numbers of such people. It is not the
same as positive discrimination which is illegal.
Note**: Compliance with the General and Anticipatory duty requires equality considerations to be reflected into
the design of policies and the delivery of services and for these issues to be kept under review. An organisation is
not however required to do more than it is reasonable to do. What is reasonable depends, amongst other factors,
on the size, financial resources and nature of the services that are being provided.
7. Explore ways of encouraging a broader range of people to join our Management Committee:
 Offer training and getting to know us sessions
 Offer to provide a mentor
 Organise an event or attend events held by disabled people and or minority ethnic groups to
spread the word
 Build relationships with others and seek their advice
 Ask people what prevents them from coming forward and provide help where possible
* Training plan - To bring the policy to the attention of staff, volunteers, and trustees.
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Who will be trained?
In what topics?
Who will be responsible for training taking place?
What will be the timetable for completing training?
Training could include:
 Cultural awareness and equality training. Recognising how we form stereotypes and
prejudice and how to avoid acting on them in the work place when dealing with
colleagues, clients, or third parties.
 Discrimination on any grounds – age, carers, disability, gender, race, sexual orientation
and religion or belief.
 Practical steps the staff can take in relation to improving client service and the
workplace.
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Appendix to Fun in Action for Children - Equality and Diversity Policy
Listed below are a number of definitions of terms relevant to the new 2010 act
(In alphabetical order)
Detriment arising from disability
This is a new type of disability discrimination that has been introduced by the Equality Act 2010. It is when an
employer treats an employee unfavourably because of something arising in consequence of the employee’s
disability, and it cannot be justified in relation to the job. For example, dismissing someone because of their
poor attendance record when their absence was (a) as a consequence of a disability and (b) without the
employer being able to show that the dismissal was a proportionate means of achieving a legitimate aim.
Discrimination
Direct discrimination is where a person is treated less favourably than another because of a protected
characteristic, whether or not the person possesses that protected characteristic. For example not employing
someone because they are a woman or they are a particular race or because they are a carer of a disabled
person. Only direct age discrimination is capable of justification.
In limited circumstances, employers can directly discriminate against an individual for a reason related to any
of the protected characteristics where there is an occupational requirement. The occupational requirement
must be crucial to the post and a proportionate means of achieving a legitimate aim.
Indirect discrimination is where a provision, criterion or practice is applied by the organisation, that is
discriminatory in relation to certain individuals who have a relevant protected characteristic, such that it would
be to the detriment of people who share that protected characteristic compared with people who do not, and
it cannot be shown to be a proportionate means of achieving a legitimate aim. This includes practices which
might look fair but which have discriminatory side effects
This could also apply to a failure to make reasonable adjustments for a disabled person.
Discrimination by association
This arises from a person’s association with someone who has a protected characteristic whether it is disability,
or is of a particular age, sex, sexual orientation, racial origin or religion or belief. For example, if someone is
caring for a disabled family member and is then discriminated against because of this association or if someone
is discriminated against or harassed for having a homosexual friend.
Discrimination by perception
When someone is perceived to possess a protected characteristic. For example, where someone is wrongly
regarded as gay, or where they are treated less favourably because they are wrongly thought to have particular
religious views, or to be of a particular age.
Associative discrimination is where an individual is directly discriminated against or harassed for being
associated with another individual who has a protected characteristic. For example, Perceptive Discrimination
is where an individual is directly discriminated against or harassed based on a perception that he/she has a
particular protected characteristic when he/she does not, in fact, have that protected characteristic.
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Duty to make reasonable adjustments
Where an employer or service provider’s provision, criterion or practice puts a disabled person at a substantial
disadvantage in relation to others who are not disabled, the employer or service provider has a duty to take
reasonable steps to avoid the disadvantage, including changes to physical features, providing auxiliary aids and
providing information in accessible formats.
Diversity
Diversity adds an extra dimension to equality of opportunity. It encompasses all types of difference beyond
those covered by the legislation, and focuses principally on the individual. Diversity includes every kind of
difference that makes each person unique and distinct. Diversity seeks to increase people’s awareness,
celebration and positive acceptance of individuals and their differences. Valuing diversity involves the
demonstrable inclusion of diverse employees and service users by having policies, procedures and practices
that take their diverse needs and preferences into account.
Equality
Equality is associated broadly with the legislative framework. Its thrust is focused on rights and responsibilities
and anti-discrimination. Equality involves the development of practices to ensure that groups which continue
to be disadvantaged gain access to opportunities for full participation in society, with legal sanctions directed
against those who violate this principle.
Genuine occupational requirement
If an employer can show that possessing a particular protected characteristic is a crucial requirement for a job
and is a proportionate means of achieving a legitimate aim, then the employer will not be acting unlawfully to
refuse to employ someone who does not possess that characteristic. For example, an organisation for deaf
people might legitimately employ a deaf person who uses British Sign Language to work as a counsellor to
other deaf people whose first or preferred language is BSL.
Harassment
Harassment is where there is unwanted conduct, related to one of the protected characteristics, that has the
purpose or effect of violating a person’s dignity; or creating an intimidating, hostile, degrading, humiliating or
offensive environment. It does not matter whether or not this effect was intended by the person responsible
for the conduct. This also includes protection against third-party harassment i.e. from service users, subcontractors etc., where the employer has failed to take reasonable practicable steps to prevent the
harassment.
Third-party harassment is where an employee is harassed and the harassment is related to a protected
characteristic, by third parties such as service users. For the organisation be liable:
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the harassment must have occurred on at least two previous occasions (although not necessarily by the
same person or suffering the same type of harassment);
it must be aware that the previous harassment has taken place; and
It must have failed to take reasonable steps to prevent harassment from happening again.
An organisation has two basic responsibilities in preventing harassment. Firstly, prevention – through the
implementation of policies and practices which establish a harassment-free environment; and secondly,
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handling complaints fairly in accordance with the procedures. The role of a chief executive is to ensure that
these two basic responsibilities are met within their organisation
Mainstreaming
Mainstreaming should bring consideration of equality issues right into the core of anorganisation’s work, so
that they are central to all activities. Mainstreaming should ensure that equality considerations are "built in"
from the beginning, rather than "bolted on" at the end. With careful and considered implementation, it can be
a strategy for transformation, with the potential to achieve sustainable change.
Outcomes
These are changes that happen as a result of your organisation’s activities in the area of equality and diversity.
Examples include: increased use of your services by people from all people who could benefit from them,
increased satisfaction with your services from users from older people or equality of training opportunities
across staff from different groups.
Positive action
This is when proportionate steps are taken to enable or encourage people who share a protected characteristic
to overcome or minimise a disadvantage, to meet their needs or to participate in an activity when there are
disproportionately low number of such people. Examples would include setting equality targets (but not quotas
which are unlawful);encouraging people from particular groups to apply where they are under-represented;
training for promotion or skill training for employees from under-represented groups who show potential.
Positive discrimination
Positive discrimination refers to the preferential treatment of people with a protectedcharacteristic and it is
unlawful. There is, however, lawful exception which allows for positive action.
Prejudice
The act of judging someone or something based on stereotypes.
Protected characteristics
The protected characteristics as listed in the Equality Act 2010 are sex, sexual orientation, marriage or civil
partnership, gender reassignment, race, religion or belief, age, disability, pregnancy and maternity.
Reasonable adjustment
Where a disabled person is at a substantial disadvantage in comparison with people whoare not disabled, there
is a duty to take reasonable steps to remove that disadvantage by (a)changing provisions, criteria or practices,
(b) altering, removing or providing a reasonable alternative means of avoiding physical features and (c)
providing auxiliary aids.
Sexual orientation
An attraction towards persons of the same sex, the opposite sex or both sexes.
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Stereotype
A fixed notion or conception of people based on their group identity. Stereotyping often leads to prejudice and
discrimination.
Transgender
Umbrella term for a person who believes their biological sex does not match their assigned gender.
Vicarious liability
This is an employer’s legal responsibility for discrimination and harassment which occurs in the workplace or in
connection with a person’s employment. The employer is legally responsible unless it can be shown that
‘reasonable steps’ have been made to reduce this liability.
Victimisation
When a person is treated less favourably because they have made a complaint aboutdiscrimination or have
given evidence in a discrimination case. Examples of victimisation caninclude being ostracised by colleagues,
being labelled as a ‘troublemaker’ or being deniedpromotion.
Victimisation also occurs where an employee is subjected to a detriment, such as being denied a training
opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the
Equality Act 2010, or because he/she is suspected of doing so. However, an employee is not protected from
victimisation if he/she acted maliciously or made or supported an untrue complaint.
Ends.
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