GRADUATES FOR GROWTHS EQUAL OPPERTUNITES POLICY

POLICY STATEMENT

Graduates for Growth welcomes diversity and seeks to ensure that all candidates for employment are treated fairly, and that selection is based solely on the individual merits of candidates and on selection criteria relevant to the post. In pursuance of this aim and of its statutory duties, Graduates for Growth, as a Graduate Recruitment Specialist is committed to the principles of equality of opportunity, will adhere to the following procedure in the conduct of the recruitment and selection process for all advertised posts.

GRADUATES FOR GROWTH COMMITMENT

No applicant will be treated less favourably than any other, whether before, during or after the recruitment process, except when such treatment is within the law and determined by lawful requirements: age; colour; disability; ethnic origin; marital status; nationality; national origin; parental status; race; religion or belief; gender; sexual orientation; or length or type of contract (e.g. part-time or fixed-term).

With regard to applicants, this policy applies to (but is not limited to) advertising of jobs and recruitment and selection.

In order to realise its commitment, Graduates for Growth will:

·         promote the aims of this policy;

·         be proactive in eliminating discrimination, and the production and dissemination of codes of practice and guidance;

·         have regard to its obligations under relevant legislation, including the requirement to carry out impact assessments in certain areas, and for its policies, codes of practice and guidance to mirror the same and be changed to meet the demands of new legislation;

·         whilst acknowledging that they are not legally binding, have regard to any Codes of Practice issued or adopted by the Commission for Equality and Human Rights;

·         make this policy, as well as all codes of practice and guidance available all applicants and clients.

·         regularly review the terms of this policy and all associated codes of practice and guidance.

RESPONSIBILITIES

Graduates for Growth’s, Manageing Director, Lorna Pellet is appointed to provide leadership in all matters relating to Equal Opportunities and to oversee the development of Equal Opportunities policy frameworks and their application.

COMPLAINTS

Graduates for Growth encourages any applicants who have a complaint concerning a breach of this policy to bring such a complaint to the Managing Director of Graduates for Growth.

SELECTION CRITERIA

Selection criteria will be clearly defined and reflected in the further particulars sent to candidates. Job qualifications or requirements which would have the effect of inhibiting applications from members of particular groups, such as those of one gender, religion or belief, persons of a particular age or marital status, civil partnership status, or sexual orientation, persons of a particular racial group, or those with a disability, will not be demanded or imposed except where they are justifiable in terms of the job to be done, and wherever possible, this will be made clear in the advertisement and/or further particulars. (For the purposes of this code, "racial group" means a group of persons defined by reference to colour, race, nationality, or ethnic or national origins.)

ADVERTISING

Job advertisements will be widely publicised so as to encourage applications from a broad range of suitable candidates from all backgrounds. The Graduates for Growth website includes guidance on how to apply for jobs through Graduates for Growth.

SELECTION OF CANDIDATES

The ability of each candidate to perform the job description will be compared objectively against the selection criteria for that job, and all applications for a post will be processed in the same way. Information sought from candidates and passed to those responsible for appointments will relate only to the qualifications for or requirements of the job.

Wherever possible, more than one person must be involved in the selection interview and recruitment process, and all should have received training in equal opportunities.

Interview questions will relate to the selection criteria. No questions will be based on assumptions for example about roles in the home and the family. In particular, questions about private personal relationships, children, or domestic obligations will not be asked at interview, although candidates may request information on relevant staff benefits and policies. Where it is necessary to obtain information on personal circumstances (for example, in relation to a selection criterion such as flexibility to work irregular hours), questions about this will be asked equally of all candidates and, like other questions, will relate only to the job requirements.

In the case of disabled applicants who identify themselves at the application stage, appropriate interview arrangements (such as accessible interview rooms or the assistance of a sign interpreter) will be offered to enable such candidates to compete on an equal basis.

RECORD KEEPING

Details of candidates and of selection decisions (including the rationale for selection or rejection) will be kept for six months after an appointment has been made.

In order to ensure the effective operation of the equal opportunity policy (and for no other purpose) a record will be kept of all employees' and job applicants' gender, racial origins and disability. Where necessary, employees will be able to check/correct their own record of these details. Otherwise, access to this information will be strictly restricted.

Records may be used to determine whether members of one gender or persons of a certain racial group or those with a disability do not apply for employment, or apply in smaller numbers than might be expected, or are shortlisted or appointed in a lower proportion than their application rate, or are concentrated for example in certain jobs, faculties, or sub-faculties. Where such under-representation is identified, positive action initiatives will be developed in accordance with the provisions of the Sex Discrimination Act 1975, the Race Relations Act 1976, and any other relevant national legislation.

REVIEW OF RECRUITMENT PRCEEDURES      

Recruitment procedures and practices will be kept under review so as to ensure that this code is operating effectively.

AGE: Current Legal Position

There are some general principles of equality law which apply to all strands.

The Age Discrimination Acts October 2006.

The Regulations apply to people of all ages: the young as well as the old are protected from discrimination on the basis of their age.

The Regulations provide that:

Graduates for Growth must not discriminate on the basis of age in the process of recruitment and selection.

Discrimination (direct and indirect), harassment and victimisation are all outlawed.

Genuine Occupational Requirements - an employer may also justify age discrimination because a post has a genuine requirement for a worker of a particular age to carry out the duties of the post. There must be a clear connection between the duties of the post in question and the characteristics required. A general preference or a habit from past experience would not be sufficient. An example might be the need to recruit a model for life drawing classes who was in a particular age band. However, there are likely to be very few posts where chronological age (as opposed to health and fitness) is a genuine occupational requirement. Any department wishing to establish a GOR should clear this with the Diversity Office before advertising the post.

RACE: Current Legal Position

The Race Relations Act 1976 (“RRA”) forbids discrimination on grounds of race in both employment and education.

The RRA covers discrimination on grounds of race, colour, nationality, ethnic origin and national origin.

It excludes religion or culture alone, except where these can in fact be classified as “race”. The law is unclear on the precise scope. However, as a general rule, a group may be identified as a race or of the same ethnic origin where the group views itself, and is viewed by others, as “a distinct community by virtue of certain characteristics”. These characteristics must include “(a) a long shared history, of which the group is conscious as distinguishing it from other groups, and the memory of which it keeps alive; (2) a cultural tradition of its own, including family and social customs and manners, often but not necessarily associated with religious observance”. Others may include common geographic origin, language or literature. In many cases, the law relating to discrimination on grounds of religion or belief will afford protection.

Direct discrimination, indirect discrimination, harassment and victimisation are all covered.

It is possible to justify indirect race discrimination where it is a proportionate means of achieving a legitimate aim.

Genuine Occupational Requirements (GOR) - an employer may also justify discrimination because a post has a genuine requirement for a worker of one race to carry out the duties of the post. There must be a clear connection between the duties of the post in question and the characteristics required. A general preference or a habit from past experience would not be sufficient. An example might be the need to recruit a person from a specific racial group to act a role written for a Chinese character. Any department wishing to establish a GOR should clear this with the Diversity Office before advertising the post.

GENDER: Current Legal Position

There are some general principles of equality law which apply to all strands.

The Sex Discrimination Act 1975 (“SDA”) forbids discrimination on grounds of gender, which includes gender, gender reassignment and pregnancy/maternity; and marital status, which includes civil partnerships.

Direct discrimination, indirect discrimination and victimisation are all covered. Harassment is also covered, as is sexual harassment. Sexual harassment takes place where a person engages in unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of either: (a) violating another person’s dignity; or (b) creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Direct discrimination on the grounds of gender can not be justified unless it is covered by the exemptions described below. The motive for the discrimination is not relevant, so actions done in good faith which are directly discriminatory are still unlawful.

Indirect discrimination on grounds of gender may be justified if the University is able to show that the discriminatory practice or conduct is a “proportionate means of achieving a legitimate aim”.

Genuine Occupational Requirements - an employer may also justify gender discrimination because a post has a genuine requirement for a worker of one gender to carry out the duties of the post. There must be a clear connection between the duties of the post in question and the characteristics required. A general preference or a habit from past experience would not be sufficient. An example might be the need to recruit a woman to treat young girls with eating disorders, because of the vulnerability of the girls concerned. Any department wishing to establish a GOR should clear this with the Diversity Office before advertising the post.

DISABILITY: Current Legal Position

The Disability Discrimination Act (1995) prevents discrimination against disabled people generally and in particular in the following areas:

·         Employment (Part 2)

·         Access to services, premises and private clubs (Part 3)

·         Education (Part 4)

In employment terms the DDA (Part 2) prohibits discrimination in relation to employment of disabled people, including recruitment, training, promotion, benefits, dismissal, etc. It requires employers to make “reasonable adjustments” for a disabled person put at a substantial disadvantage by a provision, criterion or practice, or a physical feature of premises. It also prohibits discrimination by trade organisations and qualifications bodies and provides procedures for enforcement and provision of remedies for discrimination.

The DDA (Part 3) requires service providers to make “reasonable adjustments” for disabled people. A service provider is required to take reasonable steps to:

change a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled people to make use of its services

provide an auxiliary aid or service if it would enable (or make it easier for) disabled people to make use of its services

In addition, where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of services, a service provider has to take reasonable steps to:

·         remove the feature; or alter it so that it no longer has that effect; or

·         provide a reasonable means of avoiding it

·         provide a reasonable alternative method of making the service available

It prohibits discrimination by private clubs and provides procedures for enforcement and provision of remedies for discrimination.

Part 4 of the DDA covers Education: Amended by the Special Educational Needs and Disability Act 2001, it prohibits discrimination in relation to:

school admissions, exclusions, and the education or associated services provided to pupils

further and higher education admissions, exclusions, and student services

Responsible bodies for schools and further and higher education institutions must make reasonable adjustments to ensure that disabled students (or prospective students) are not placed at a substantial disadvantage in comparison with their non-disabled peers.

RELIGION & BELIEF: Current Legal Position

People are protected against discrimination on grounds of religion or belief under the Employment Equality (Religion or Belief) Regulations 2003. The Regulations covers recrutiment.

It is not necessary for the religion or belief to be a well-known major world religion. The Regulations outlaw discrimination on grounds of “any religion, religious belief or similar philosophical belief” that is held by the complainant. Political beliefs are excluded, although the dividing line may be blurred in some cases. The scope of the Regulations in relation to those who do not hold any religious beliefs is also unclear.

Direct discrimination, indirect discrimination, harassment and victimisation are all covered.

People are protected from discrimination on the grounds of their perceived religion or belief as well as their actual religion or belief: if a person is discriminated against because he is believed to be Muslim, but is in fact Christian, he is still protected under the law.

It is possible to justify indirect discrimination on grounds of religion or belief where it is a proportionate means of achieving a legitimate aim.

Genuine Occupational Requirements - an employer may also justify discrimination because a post has a genuine requirement for a worker of a given faith to carry out the duties of the post. This can be shown in two types of situation.

where having a particular religion or belief is a genuine and determinative occupational requirement which it is proportionate to apply. For instance it is reasonable to require an applicant for a post as a vicar to follow the Christian faith.

where the employer has an ethos or belief and being of a particular religion or belief is a genuine and proportionate requirement. For instance it might be reasonable to require someone working closely with students in a theology college to have sympathy with the Christian faith, but it would not be reasonable to require staff in the kitchens to do so.

SEXUAL ORIENTATION: Current Legal Position

People are protected against discrimination on grounds of sexual orientation under the Employment Equality (Sexual Orientation) Regulations 2003. The Regulations cover discrimination as regards the orientation of people towards:

·         persons of the same gender;

·         persons of the opposite gender;

·         persons of both the same gender and opposite gender.

The Regulations do not cover sexual practices and preferences such as sado-masochism. People are protected from discrimination on the grounds of their perceived sexuality as well as their actual sexuality: if a person is discriminated against because he is believed to be homosexual, but is in fact heterosexual, he is still protected under the law.

Direct discrimination, indirect discrimination, harassment and victimisation are all covered.

It is possible to justify indirect discrimination on the basis of sexual orientation where it is a proportionate means of achieving a legitimate aim. This is only available in very limited circumstances.

Although people are protected from discrimination on the grounds of their religion or belief, it is still illegal for them to discriminate against someone else on the grounds of sexual orientation (even if, for example, their faith teaches that homosexuality is unacceptable).

Genuine Occupational Requirements - an employer may justify discrimination because a post has a genuine requirement for a worker of a particular sexuality to carry out the duties of the post . There must be a clear connection between the duties of the post in question and the characteristics required. A general preference or a habit from past experience would not be sufficient. However, there are likely to be very few posts where sexuality is a genuine occupational requirement. Any department wishing to establish a GOR should clear this with the Diversity Office before advertising the post.