Equal Opp Diversity

8/9/2019 Equal Opp Diversity

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Diversity and equal opportunities

Equal Opportunities

Equal opportunities is an approach to themanagement of people at work based on equalaccess to benefits and fair treatment, irrespective of

gender, race , ethnicity, age, disability, sexualorientation or religious belief.


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Why is equal opportunities an issue?

Pay

Earning surveys report that across all occupations, women arestill earning 60-70% of male earning in the sameoccupational group.

Level of unemployment for black and Asian communities inthe UK is significantly higher than for the white population.

Ethnic segregation in the labour market.

Job for the disable is often restricted

Discrimination is still directed at mature-age workers.


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Why is equal opportunity an issue for employers?

Sound business argument can be made for equal opportunities policy.

Reasons argues for adopting non- or discrimination measures includethe following:

a. Common decency and fairness, in line with business ethicsb. Good HR practice, to attract and retain the best people for the job,

regardless of race or genderc. Compliance with relevant legislation and codes of practice, which are

used by employment tribunals

d. Widening the recruitment pool in times of skill shortagese. Other potential benefits to the business through its image as a goodemployer, and through the loyalty of customers who benefits from (orsupport) equality principles


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Question

Have you ever felt discriminated against at School,work or your College?On What grounds: your sex, colour,age,background?

What was the effect of the discrimination on yourplans and attitudes?


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Equal Pay

Specific legislation (Equal Pay Act 1970) covers theoffer of equal pay to a woman for that is;

Similarly evaluated in a job evaluation scheme

The same or broadly similar to a mans

Of equal value ( Equal pay (Amendment)regulations)


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Equal pay Act 1970

The equal pay Act was the first major attempt to tackle sexualdiscrimination. It was intended to prevent discrimination asregards terms and conditions of employment between menand women.

Equal pay for work of equal value

The Equal Pay (Amendment) Regulations 1984 establishedthe right to equal pay for Work of equal value, so that a

woman would no longer have to compare her work with thatof a man in the same or broadly similar work, but couldestablish that her work has equal value to that of a man in

the same establishment


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Equal opportunity

Discrimination of certain types is illegal in the UK on theground of:

sex and marital status ( sex discrimination Act 1986)

Colour, race, nationality and ethnic or national origin( Race relations Act 1996)

Disability(Disability Discrimination Act 1995)

Sexual orientation and religious beliefs(Employment Equality Regulations 2003)


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Types of Discrimination

There are three types of discrimination under the Acts.

Direct discrimination occurs when one interested group is treatedless favourable than the other

Indirect discrimination occurs when a policy or practice is fair inform, but discriminatory in operation.

Victimisation occurs when a person is penalised for givinginformation or taking action in pursuit of a claim of discrimination

Harassment is the use of threatening, intimidatory, offensive or abusivelanguage or behaviour. This is covered by UK law in relation to race, religiousbelief and sexual orientation.


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Discipline and Grievance

What will a disciplinary procedure cover?

A disciplinary procedure will cover conduct and capability.Some organisations have separate procedures for misconduct

and incapability.Are there any principles underlying our actions?Yes:

Rules and procedures provide a framework for behaviour and

performanceDiscipline and grievances are about people not processesIn most cases, employers should aim to improve and not topunish


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What are the stages of handling discipline or grievances?The statutory procedure involves the following three steps: A statement in writing of what it is the employee is alleged to have done A meeting to discuss the situation The right of appeal.

This is the minimum standard and a court would expect an employer tobehave fairly and reasonably. The employer and employee should start

talking to each other long before the dismissal stage, for example, throughcounselling or working out an 'improvement note' for an employee'sperformance


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Minimum standard of good practice that all managers should follow

Although organisations can be flexible about how formal or extensive theirprocedures need to be, in the UK there is a statutory procedure they mustfollow as a minimum if they are contemplating dismissing an employee orimposing certain kinds of penalty short of dismissal, such as suspension

without pay or demotion i.e. those which would be a detriment to the

employee.

Disciplinary action

Disciplinary procedures are an aid to the effective management ofpeople and sanctions or dismissal are only used when the procedure hasfailed to result in the necessary improvement or where gross misconducthas taken place.


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What happens if the employee thinks a dismissal is unfair?

Provided they have one years service they may make a complaint to anemployment tribunal

What will happen at a tribunal?

It would then be for the employer to show the reason for the dismissal andthat it was a fair reason. The tribunal will vet that decision and will take intoaccount the size and administrative resources of the employer in deciding

whether they acted reasonably or not.


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How should an employer go about preparing the rules andprocedures?

Management should aim to secure the involvement of employees and anyrecognised trade union or other employee representatives when rules anddisciplinary procedures are introduced or revised. They should be reviewedfrom time to time and revised if necessary.

To be fully effective rules and procedures should be accepted as reasonableby those covered by them and those who operate them. It is therefore goodpractice to develop rules in consultation with employees (via theirrepresentatives if appropriate) and those who will have responsibility for

applying them. Where a rule has fallen into disuse or has not been appliedconsistently, employees should always be told before there is any change inpractice.


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Should there be different rules applying to different groups orlevels of employees?

Only where unavoidable (e.g. for health and safety reasons). Anyrevisions to the rules should be communicated to all employees, andemployees should be issued with a revised written statement within onemonth of the change.

What might the rules cover?

Any or all of the following:

Timekeeping AbsenceApproval of holidays Health and safetyPersonal appearance Smoking at workAlcohol, drug or other substance abuse. Use of organisation facilities Discrimination, bullying and harassment Gross misconduct.


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What principles should underline our disciplinary procedure?Natural justice e.g. an employees should be:

Informed of the allegations against them, together with the supporting evidence, inadvance of the meeting

Given the opportunity to challenge the allegations before decisions are reached andProvided with a right to appeal.

ACAS suggests the procedure should:-Be in writing-Say who is covered-Be non-discriminatory-Provide for matters to be dealt with speedily

-Allow for information to be kept confidential- Tell employees what disciplinary action might be taken.- Say what levels of management have the authority to take the various forms of

disciplinary action- Require employees to be informed of the complaints against them and supporting

evidence, before any meeting


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Give employees a chance to have their say before management reachesa decisionProvide employees with the right to be accompanied Provide that no employee is dismissed for a first breach of discipline,

except in cases of gross misconduct Require management to investigate fully before any disciplinary action

is taken Ensure that employees are given an explanation for any sanctionAllow employees to appeal against a decision.


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What should we do in an investigation?

By acting promptly the relevant supervisor or manager can clarify what theproblem is and gather information before memories fade, includinganything the employee has to say.

Where necessary, statements should be obtained from witnesses at theearliest opportunity.

Keep records of what is said; copies may need to be given to the individual ifthe matter progresses any further.

Relevant personal details such as previous performance, length of service

and any current warnings will need to be obtained before the meeting, aswell as any appropriate records and documents.


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Does an employer have to be careful to follow the disciplinary procedure?

Yes and the supervisor or manager should never exceed the limits of their authority.

If the employee is dismissed or suffers a disciplinary penalty short of dismissal, suchas suspension without pay, the statutory minimum procedures must have been

followed.

If they have not been followed and the employee makes a claim to a tribunal, thedismissal will automatically be ruled unfair.


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When should an employer suspend an employee?

Where there appears to be serious misconduct, or risk to property or otherpeople, a period of suspension with pay should be considered while thecase is being investigated. This allows tempers to cool and hasty action tobe avoided. Any suspension must be with pay,

unless the contract of employment allows suspension without pay, whilstthe period of suspension should be as short as possible. Tell the employeeexactly why they are being suspended and that they will be called in for adisciplinary meeting as soon as possible.

Do not use suspension as a sanction before the disciplinary meeting anddecision; treat employees fairly and consistently.


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How do we decide whether or not disciplinary action is necessary?

Having gathered all the facts, the manager or supervisor needs to decidewhether to: Drop the matter. There may be no case to answer or the matter may be

regarded as trivial.

Arrange counselling or other informal action. This is an attempt to

correct a situation and prevent it from getting worse without using thedisciplinary procedure.

Consider using an independent mediator. A mediator won't take sides orjudge who is right but can help the parties reach their own agreement

where the employer and employee are unable to solve a disagreementalone. The mediator may also recommend a way forward if both partiesagree that they want this.

Arrange a disciplinary meeting. This will be necessary when the matter is

considered serious enough to require disciplinary action.


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What is informal action?

In many cases the right word at the right time and in the right way may be all that is

needed and will often be a more satisfactory way of dealing with a breach of rules orunsatisfactory performance than a formal meeting.

Additional training, coaching and advice may be needed and both manager andemployee should be aware that formal processes would start if there is noimprovement or if any improvement fails to be maintained.

How should it be done?

Talk to the employee in private. This should be a two-way discussion, aimed atpointing out the shortcomings in conduct or performance and encouraging

improvement.

Criticism should be constructive, with the emphasis being on finding ways for theemployee to improve and for the improvement to be sustained. The praisesandwich may be helpful; starting and ending on a positive note about theemployees contribution to the organisation.


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Listen to whatever the employee has to say about the issue. It may become evidentthere is no problem; if so make this clear.

Where improvement is required, make sure the employee understands what needs tobe done, how their performance or conduct will be reviewed and over what period.

The employee should be told that if there is no improvement then the next stagewould be the formal disciplinary procedure. It may be useful to confirm the agreedaction in writing.

What if it becomes clear during the informal discussion that the matter may bemore serious?

Be careful that any informal action does not turn into formal disciplinary action as thismay, unintentionally, deny the employee certain rights, such as the right to be

accompanied.

If during the discussion it becomes obvious that the matter may be more serious, themeeting should be adjourned. The employee should be told that the matter will becontinued under the formal disciplinary procedure.


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Can we use an independent mediator?

In some cases, where the employer considers that formal disciplinary action isnot appropriate, an independent mediator may help solve disagreements overdisciplinary issues.

A mediator will not take sides or judge who is right but can help the partiesreach their own agreement.

The mediator may also recommend a way forward if both parties agree thatthey want this.

What if a grievance is raised during the meeting?

If it relates to the case it may be appropriate to suspend the disciplinary procedurefor a short period until the grievance can be considered

What if further investigation is necessary?

Adjourn the meeting. You can also do this at the request of the employee or theiraccompanying person.


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Are there international standards for handling disciplinary andgrievance matters?

No.

The legal requirements for processing discipline and grievance problemsvary from country to country.

In the UK the Advisory, Conciliation and Arbitrations Service (ACAS:http://www.acas.org.uk/) issues very useful and practical guidance toemployers about writing policies and handling cases.

This topic is founded upon the good practice approach, which itself is

based upon UK law. This, therefore, may need to be adapted to fit thelegal requirements in your country.


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GRIEVANCE PROCEDURES

What is a grievance?A grievance is a concern, problem or complaint that an employee raise with theiremployer,

such as in respect of:

Terms and conditions of employment Health and safety Work relations Bullying and harassment New working practices

Working environment Organisational change Discriminatory practice (equal opportunities).


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What is the process for handling a grievance?

The same three stage process as for discipline: notification by

employee, hearing andappeal. Where possible, employees should aim to settlegrievances informally with their line manager.

Why have a procedure?A grievance procedure is used by employers to deal formally withemployees' grievances. It will encourage fairness, consistency andspeed.


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What should a procedure look like?

Step 1: The employee informs the employer of their grievance in writing.

Step 2: The employer invites the employee to a meeting to discuss the grievancewhere the right to be accompanied will apply.

The employer notifies the employee in writing of the decision and notifies of

the right to appeal.

Step 3: The employee informs the employer if they wish to appeal. The employer must invite them to a meeting and following the meeting

inform the employee of the final decision.(Employees must take all reasonable steps to attend meetings.)


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DISCIPLINARY PENALTIES

What should be considered before deciding any disciplinary penalty?

Whether the rules of the organisation indicate what the likely penalty will be as aresult of the particular misconduct

The penalty imposed in similar cases in the past

The employee's disciplinary record, general work record, work experience, positionand length of service

Any special circumstances which might make it appropriate to adjust the severityof the penalty

Whether the proposed penalty is reasonable in view of all the circumstances.


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What if an employer dismisses an employee?

Employees should only be dismissed if, despite warnings, conduct or performancedoes not improve to the required level within the specified time period.

Dismissal must be reasonable in all the circumstances of the case.

Unless the employee is being dismissed for reasons of gross misconduct, they

should receive the appropriate period of notice or payment in lieu of notice.

Such payment should include payments to cover pension contributions and holidaypay, as well as the value of any non-cash benefits such as a company car, medicalinsurance and any commission that the employee might otherwise have earned.

Law in the UK lays down minimum periods of notice.


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What is gross misconduct?

Gross misconduct is an action generally seen as serious enough to destroythe contract between the employer and the employee, making any further

working relationship and trust impossible.

It is normally restricted to very serious offences, for example, physicalviolence, theft or fraud but may be determined by the nature of thebusiness or other circumstances.

Except in very exceptional circumstances, the full three-step statutoryprocedure (written statement, hearing and appeal) should be used before

deciding whether to dismiss.


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How should an employee be informed of a disciplinary decision?

As soon as possible and include the reasons for the decision, the results ofany further investigations and what action is being taken under thedisciplinary procedure.

The period that any warning is to remain in force should be clear, asshould the possible consequences of any further misconduct orcontinuing unsatisfactory performance.

Details of any disciplinary action should be given in writing to the

employee as soon as the decision is made. The employer should retain acopy of the notification.


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The written notification should specify:

The nature of the misconduct

Any period of time given for improvement and the improvement expected

The disciplinary penalty and where appropriate, how long it will last

The likely consequences of further misconduct

The timescale for lodging an appeal and how it should be made.

The employer may wish to require the employee to acknowledge receipt of thewritten notification.

Does an employer have to give written reasons for dismissal?Yes within 14 days.


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What disciplinary records should an employer keep?Consistent handling of disciplinary matters will be difficult unless simplerecords of earlier decisions are kept.

These records should be confidential, detailing the nature of any breach ofdisciplinary rules; the action taken and the reasons for it; the date action

was taken; whether an appeal was lodged, its outcome and any subsequent

developments.

An employee in the UK has access to personal and personnel records aboutthem. In each particular case copies of the relevant records should be givento the employee concerned without him or her needing to request them

(although in certain circumstances some information may be withheld, forexample to protect a witness).


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APPEALS PROCESSES

What should be in an appeals procedure?It should:

Specify a time-limit within which the appeal should be lodged (usually fiveworking days)

Provide for appeals to be dealt with speedily, particularly those involvingsuspension or dismissal

Wherever possible, provide for the appeal to be heard by someone senior inauthority to the person who took the disciplinary decision and if possible, whowas not involved in the original meeting or decision.

Spell out what action may be taken by those hearing the appeal

Set out the right to be accompanied

Provide that the employee or a companion, if the employee so wishes, has anopportunity to comment on any new evidence arising during the appeal beforeany decision is taken.


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THE RIGHT TO BE ACCOMPANIED

Who can accompany an employee in a disciplinary or grievance hearing?

Although the choice is up to the employee, it can usually be only a fellow worker or atrade union official (not necessarily from within the organisation).

The accompanying person can address the meeting but not answer questions onbehalf of theworker unless the employers side agrees.

Equal Opp Diversity

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