Equality considerations
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This guidance was last updated on |
11 August 2011 |
The University has a duty, under the Equality Act 2010 (see PERS(10)15), and in accordance with its own Equality Policy to:
- eliminate unlawful discrimination, harassment and victimisation
- advance equality of opportunity between people who share protected characteristics and those who do not
- foster good relations between people who share a protected characteristic and those who do not.
A useful definition of terms used in the Equality Act is available.
Avoiding discrimination
The Equality duty applies to all aspects of personnel management. Areas where particular care must be taken to avoid inadvertent discrimination include:
- recruitment
- pre-employment health information
- disability
- sickness absence
Internal remedies for discriminatory actions
Employees who believe they have suffered unlawful discrimination by the University may raise a complaint using the University's grievance procedures.
Employees who believe they are being harassed on account of their protected characteristics, they may raise the matter under the University's policy on harassment and bullying.
Job applicants, visitors, and others working within the University are also protected.
In certain circumstances the University is potentially liable for harassment of its employees by third parties.
External remedies for discriminatory actions - employment tribunals
Job applicants and employees may bring claims of discrimination in the Employment Tribunal, alleging unfair treatment in relation to one or more protected characteristic. Where an individual feels that they have been discriminated against for a protected reason they may submit a questionnaire (a ‘Schedule 1’ questionnaire - see Documents for an example) seeking information about 'prohibited conduct'. By law, a response to the questionnaire must be supplied within eight weeks of receipt and will be admissible as evidence in any proceedings under the Act.
Departments and divisions should ensure that all line managers are aware of the requirement to respond to such forms. Any forms received by departments should be forwarded to Personnel Services without delay for advice on how to respond as the forms potentially have important legal consequences.
In addition, where an Employment Tribunal makes a finding of discrimination it will now be empowered to make recommendations that an organisation takes steps to eliminate or reduce the effect of discrimination on other employees, not just the claimant. Breaches of the Act may therefore have much wider implications for the employer.