Tackling discrimination and promoting

equality

Introduction

Employees rightly expect to be treated fairly and considerately and this

expectation is generally supported by the law. For instance, it is illegal to
discriminate against people on grounds of sex, race, disability, sexual
orientation or religion or belief and by the end of 2006 discrimination on
the grounds of age will be outlawed as well.

The workforce and working patterns are changing. The working population
is getting older and there are more women and people from ethnic
minorities at work. Working arrangements are becoming more varied as
customers demand goods and services up to seven days a week and
twenty-four hours a day. At the same time people have rights at work and
interests, duties and responsibilities outside the workplace which they
must balance with the needs of their job.

Fair treatment is a moral and legal duty and it is also a business

imperative. Employers who treat employees fairly and flexibly will be best
placed to recruit and retain staff in an increasingly diverse and
competitive labour market. This booklet provides practical advice and
guidance on implementing policies and practices aimed at fair treatment.

An equality policy and action plan

Although not required by law, it is recommended that the starting point

for any programme to address fairness at work should be an equality
policy with an action plan to back it up.
An equality policy:

• states your values on equality and diversity (fairness) and how they
will be put into practice:

• shows your staff, potential recruits and customers that you are
serious about fairness and helps them understand:

- what behaviour you expect and what is not acceptable;

- what they can expect of you;

• helps win business. Public sector and other large organisations may
take equality policies into account when awarding contracts;
 • underpins your action plan;

• helps you comply with the law.

How should the policy be developed?

For an equality policy to be effective, it must have the support of
everyone in the organisation and be an integral part of the business
strategy. Involve managers at all levels to gain their commitment and
develop the policy in consultation with employees and their
representatives.

What should be included in your policy?

All equality policies have many things in common and you will find a
sample policy later in this booklet, however, your policy should relate to
your organisation's size and make-up and the nature of your business.

The opening section of your policy should contain:

• a statement of your aim to encourage, value and manage diversity;

• your commitment to providing equality for all;
• your wish to attain a workforce that is representative of the
communities from which it is drawn.

You should then identify the areas of discrimination that you will counter,
usually:

• gender (including sex, marriage, gender re-assignment);

• race (including ethnic origin, colour, nationality and national origin);
• disability;
• sexual orientation;
• religion or belief;
• age.

All of these are covered by law or will be by the end of 2006. There may
be other categories that are relevant to your organisation or local
circumstances.

You can then go on to state that you will ensure a working environment in
which all people are able to give of their best, that is free from
harassment and bullying and that all decisions will be based on merit.
(Many companies choose to have a separate policy concerning
harassment and bullying.)

The policy should then contain more specific actions such as:
 • setting an action plan with clear measurable objectives and targets;

• a strategy for making the policy known to all workers, including all
management levels;

• providing training and guidance for all staff;

• dealing with harassment and bullying;

• monitoring the workforce;

• reviewing all personnel procedures including recruitment, selection,

promotion, training, discipline and grievance;

• how you will regularly review and update the policy.

What about the action plan?

The action plan that backs up your policy should go into detail about what
will be done, by when and by whom. You should:

• set dates on when you will do the things such as monitoring,

reviewing procedures, training and guidance mentioned above;

• expand on how these will be done and by whom;

• say how you will tackle harassment and bullying (both preventing
and dealing with it) or where this has been covered in a separate
policy make clear reference to it;

• consider targets that result from what you find from monitoring,
such as increasing the number of management jobs open to job
sharing to allow more women to do them, interviewing more
disabled people, changing the way you advertise to attract more
people from minority ethnic groups;

• consider whether Positive Action measures are appropriate (see

page );

• consider targets that specifically refer to the percentage of people

from particular under-represented groups that you will aim to have
in your workforce after a defined time period. If you adopt this
approach you must be careful that such targets do not become
misunderstood and seen as quotas that have to be achieved by any
means. Quotas are unlawful;

• consider in setting your plan what will be your measures of success

and how you will evaluate these and how and when you will review
the overall working of your policy.
A good action plan therefore:

• focuses attention on the key tasks to be tackled;

• enables equality to be tackled like any other management task;
• gives an impetus to your policy;
• shows that the implementation of your policy will be monitored and
reviewed and is not just a piece of window dressing;
• becomes part of the objectives and responsibilities of named
individuals within management.

What do the policy and action plan need to support them?

Consultation with workforce representatives in drawing-up your policy and
ownership and commitment from the very top of your organisation are
key to the success of your policy and action plan. Ultimate responsibility
must rest with the most senior person in the organisation who should
ensure that there is a strategy in place for disseminating the policy to
everyone in the company. This may mean consultation and involvement at
all levels and training for existing and new staff on what it means in
practice.

Promoting your policy publicly is also very important so make sure all
employees get a copy, you use the policy statement in advertising and
other literature and give a copy to all job applicants.

Sample equality policy

(Company name) is committed to eliminating discrimination and
encouraging diversity amongst our workforce. Our aim is that our
workforce will be truly representative of all sections of society and each
employee feels respected and able to give of their best.

To that end the purpose of this policy is to provide equality and fairness
for all in our employment and not to discriminate on grounds of gender,
marital status, race, ethnic origin, colour, nationality, national origin,
disability, sexual orientation, religion or age. We oppose all forms of
unlawful and unfair discrimination.

All employees, whether part-time, full-time or temporary, will be treated

fairly and with respect. Selection for employment, promotion, training or
any other benefit will be on the basis of aptitude and ability. All employees
will be helped and encouraged to develop their full potential and the
talents and resources of the workforce will be fully utilised to maximise
the efficiency of the organisation.

Our commitment:
 • To create an environment in which individual differences and the
contributions of all our staff are recognised and valued.

• Every employee is entitled to a working environment that promotes

dignity and respect to all. No form of intimidation, bullying or
harassment will be tolerated.

• Training, development and progression opportunities are available

to all staff.

• Equality in the workplace is good management practice and makes

sound business sense.

• We will review all our employment practices and procedures to

ensure fairness.

Breaches of our equality policy will be regarded as misconduct and could

lead to disciplinary proceedings.

• This policy is fully supported by senior management and has been

agreed with trade unions and/or employee representatives. (Insert
details if appropriate).

• The policy will be monitored and reviewed annually.

• Implementation.

(Refer the reader to the action plan (previous pages) for details of what
will happen and when and how the policy will be monitored and reviewed
over time.) Remember - without an action plan with regular reviews to
back it up, no matter how well-written your policy, there is no means of
ensuring it has any impact.

Equality training

Equality issues are relevant in all the training that you do. This means
staff that are being trained in for example, recruitment, appraisal,
selection for promotion, supervision, resource allocation, etc, should all be
made aware of the equality issues relating to those tasks.

In addition there will be a need on occasion for specific equality training.

For instance you will want to make all your staff aware of your equality
policy and what it means for them as employees. New staff will also need
this training and existing staff will need periodic refresher training.
Decide your goals
Equality training can be expensive and you need to be clear about what
you want from it. If training is not planned carefully then resources can be
wasted, or staff may not support it. So, make sure that you:

• decide the precise aim of the training

• identify the type of approach you want to take, and the important
messages you want to get across

• decide how you will measure the impact of the training.

Who should be involved?

All employees within your organisation should receive equality training.
Indeed the most important aspect of equality training is that it makes
sense to all employees regardless of their level/grade.

For the training to be fully effective it should be conducted by either a HR

professional, if you have one within your business, or a senior member of
management who is familiar with equality matters or has been trained in
them. Alternatively you may seek assistance from external trainers.

What to include in your equality training programme?

An explanation of your approach to equality and why it is important.

• What your equality policy means in practice along with background

information, for example, dealing with relevant facts, dispelling
various myths about equality, challenging stereotypes.

• The business case for equality, including why it is in everyone's

interest to have an effective equality policy, not only in financial
terms but also in relation to both customers and staff.

• The law and what this means in practice.

• The roles and responsibilities of staff in making the policy work.

• Relations with fellow workers and dealing with harassment and

bullying.

• Provide staff with written materials that they can keep which
reinforces the training.

• Specialist training for staff who recruit, select, appraise, supervise,

etc., on the practical application of equality principles in these areas.

• Customer service training where appropriate.

 • The opportunity for employees to raise concerns.

Recruitment and selection

The implications of not recruiting fairly can be serious. You may not get
the most suitable person for the job and the cost of recruiting again if you
make the wrong recruitment decisions can be considerable. In addition
you may be contravening legislation and be taken to an Employment
Tribunal. A structured approach will not only help you to select the best
person for the job but also enable you to justify your decision.

Job descriptions and person specifications

The key to getting the right person depends on having a clear and realistic
view of the job in question and the skills needed to do the job well.
Setting out your needs in a written job description and person
specification will make this easier.

A good job description is concise and straightforward and includes:

• the overall title and aim of the job (e.g. to ensure that quality
standards are met, to produce accurate information about stock);

• what the new employee will do (e.g. plan, design, provide ...) and
what he or she will work with (e.g. stock, customer requirements).

A good person specification is also concise and straightforward and links

directly to the job description.

• it contains the skills and knowledge and experience which a person

will need to have, or be able to acquire, in order to do the job well;

• uses explicit terms - for example, instead of 'needs to be physically

fit' say 'needs to reach and bend to pick items from shelves',
instead of 'needs a good command of spoken English' say 'needs to
give clear information to clients by phone';

• avoids subjective or irrelevant criteria.

Putting together a job description and person specification in this way may
take a little time, but is a good investment.

• It will help you compare candidates and ensure that your decisions
can be justified if they are called into question later. It will make it
easier to place adverts and can be used for the interview and
selection process, and again in the future for supervision, staff
development, promotion or similar recruitment exercises.
Advertising
The purpose of advertising is to bring the opportunities you have to the
attention of the widest pool of appropriate applicants. Relying on the
company "grapevine" to find candidates will have a very limited reach and,
used on its own, can be unlawful but national advertising may be far too
wide for most jobs. To ensure reaching all sections of the community it
may be necessary to use a combination of methods, not all involve a
charge.

Some possible methods are:

• job centre services which are free to all local job seekers and take
account of local employers' needs;

• national, local or specialist press, which can help you target

particular skills or experience;

• local schools, colleges or universities or those further away with

specialist courses.

• commercial employment agencies;

• community organisations and groups;

• website/internet.

Wherever you decide to advertise a vacancy, your method of advertising

should relate directly to the skills and experience needed to do the job.
Take particular care with the wording.

• draw on the job description and person specification to ensure that

you give a realistic picture of the job and are precise about your
requirements;

• think carefully about the language and avoid using phrases that for
example imply age restrictions such as "young graduates" or
"mature person";

• state that you welcome applications from all sections of the

community;

• give clear instructions about obtaining the application form and job
information;

• be prepared to talk informally about the job and your expectations

if, for example, a candidate is visually impaired.
Application forms
An application form should provide the essential information you need to
sift out unsuitable candidates quickly and to decide on the best shortlist
for interview.

• Ask only for the bare minimum of personal details. Name, address
and a telephone number is usually enough.

• Invite candidates to draw from experience gained outside

employment where this shows that they have skills needed for the
job, for example skills gained in voluntary work or during a career
break.

• Ask specifically whether a candidate has a disability as in some

circumstances you may need to consider making special
arrangements for the interview, however, try to keep the disability
question as simple as possible.

• Double check that questions on the form will give you information
which relates directly to the job and your requirements. Remember
only ask for information that is needed to find out if someone has
the skills to match the job description or person specification, e.g.,
do you really need to know what a persons marital status is?

• You may wish to use a standard application form supplemented

with a number of additional questions that relate specifically to the
job on offer. Do make sure you leave enough space to enable
candidates to demonstrate how they meet your requirements.

Consider, at this stage, how to deal with applications from people with
disabilities. Some candidates may need to apply by telephone, tape or
video for example. Indeed, this may be a "reasonable adjustment"
required by the Disability Discrimination Act.

Shortlisting
Shortlisting involves matching evidence from the application form against
the requirements set out in your specification. It is good practice to:

• have more than one person carrying out the sift, to reduce the risk
of prejudice or bias;

• adopt a simple marking system to show how far each candidate has
presented evidence that they can meet your requirements;

• take each application in turn and work systematically through your

requirements, in order of importance, awarding a mark for each;

• carry out a brief review at the end of the exercise, making sure that
marks have been awarded on the basis of evidence provided on the
 application form, rather than personal or second-hand knowledge
about the candidate;

• invite the candidates with the best total scores to interview.

In particular:

• do recognise that skills and abilities can be demonstrated by

experience gained outside the workplace;

• count only evidence which is directly relevant to the job. In other

words rely on the criteria you identified in the person specification.
Changing your criteria to enable you to include someone else at this
stage may be unlawful;

• do consider whether adjustments could be made to enable disabled

candidates to meet your requirements.

Interviewing
Ideally interviews should be carried out by more than one person. Taken
together the job description, person specification and your analysis of the
application form should provide a useful framework for the interview, not
a restriction. For example:

• it is quite reasonable that you should want to talk about particular

points with different candidates and ask questions in various ways
having considered the evidence in the application forms; however,
you should make sure that you cover the same topics and issues in
the same depth with each of the candidates;

• evidence about a candidate's experience outside the workplace can

be helpful provided that it relates to the job. It often helps to
encourage candidates to give a wide range of examples, which
show how they can meet your requirements. Do be careful, though,
not to stray into a candidate's personal circumstances (e.g. marital
status, sexual orientation); doing this could lead candidates to
believe they may not have been fairly treated;

• ask about a disability if it is, or may be, relevant to the candidate's

ability to do the job. Talking about the effects of a disability will
help the candidate demonstrate how they cope and help you to
consider whether there are reasonable adjustments which might be
made to help you get the best person for the job.
Making your decision

References
Many companies take up references after interviews, although they can be
called in at any stage of the process. Rather than ask for a general
character reference from a referee provide them with a copy of your job
description and person specification and ask for evidence of the
candidate's ability to meet your specific requirements. This is more likely
to ensure that you get a reply quickly and that the information is relevant
to you.

Eligibility

• Before appointing a person to the job, you will need to check their
eligibility to work in this country under the Asylum and Immigration
Act (1996).

• Do not make assumptions about candidates. Ask all candidates

successful at interview about their eligibility.

• Explain why you are required to ask for this information, and make
it clear that it is your policy to ask all successful candidates for this
information.

Unsuccessful applicants
Let all candidates know the result of their application and provide brief
feedback about their application and performance at interview if they ask
for it. Further information on this topic can be found in the Acas Advisory
booklet - Recruitment and induction.

Training and development

The cost of recruiting again if you do not offer the training and
development to keep the staff you have can be considerable and more
than justifies the investment in your workers' future.

The training of staff is something that you will have to consider from
before they start with you. It is important that all staff have access to
training regardless of whether they are part-time or full-time. All new staff
should have an induction to your business that sets out your company
rules, including your responsibilities to your employees, as well as theirs
to you. You will also need to cover health and safety practices at this time.

There will be a continuing need for staff training and development to

advance the skills of your workforce and to enable then to adapt to new
plant, machinery or systems. You should consider the best way of
delivering this for your workforce.

• In-house training may be best for skills or knowledge that is specific

to your company.

• College based training could be the best solution for more general
skills such as business administration.

• Another possibility might be to support your employee in an open

and flexible learning course, where they study at home.

Each need should be treated on its merits and you should consider a
flexible approach to training. If all training is residential or requires
additional time away from home this may disadvantage part-time
employees or those with care responsibilities and stop them taking full
advantage of any training opportunities. You will need to consider
additional or alternative provision in these circumstances.

Promotion

When selecting for promotion you need to follow the same principles as
for recruitment.

• Vacancies that occur at higher levels should be open to existing

staff as well as outside candidates.

• Ensure that all your employees, including those who work part-time,
have equal access to any promotion opportunities and that no one
is excluded.

• Staff movements to higher grades should be by application. You

should assess each application against the job needs and hold a full
selection process to make your final decision. In this respect it is
identical to a recruitment exercise.

• You need to draw up a comprehensive job specification, detailing

what the job involves, and a person specification explaining what
qualities the successful candidate will have.

Giving equal access to promotion opportunities means that they need to

be advertised in a way that is accessible to all staff. There may be
situations where some specialised posts are only suitable for people with
particular skills but you should still be careful about limiting internal
applications to these posts as some of your staff may have skills of which
you are unaware, good practice would suggest that it is better to allow
people to apply and then consider their applications in the usual way.
When it comes to the interviewing stage if you are seeing a mix of internal
and external candidates, then you should ask questions about the same
skills and competences of everyone. If an unsuccessful candidate was to
find out that you asked questions addressing a different set of issues of
internal or external candidates it could be used as evidence of
discrimination. At an Employment Tribunal you would be required to
justify your difference in approach.

Discipline and grievances

Your equality policy should make clear that breaches of the policy are a
disciplinary offence and will be dealt with through your disciplinary
procedures. Grievances should be dealt with through your normal
grievance procedure except where you have put in a separate procedure
for dealing with harassment.

For further information on discipline and grievance procedures see Acas

Advisory handbook - Discipline and grievances at work (section 1 of 2).

Equal pay

Equality legislation covers terms and conditions of employment and all

employees are entitled to fair pay. Carry out a pay audit to make sure
that men and women are getting equal pay and you are not breaking the
Equal Pay Act. Providing equal pay means that you provide the same pay
and conditions for men and women doing work that is:

• the same or broadly similar;

• has been rated as equivalent under a job evaluation scheme; or
• is of equal value in terms of the effort, skills, knowledge and
responsibility required.

Providing equal pay also means that employees should know how their
pay is made up. So, for example, if you pay bonuses your employees
should know what they have to do to earn a bonus, and how the bonus is
calculated.

The Equal Pay Act applies to both full-time and part-time employees. If a
female part-time employee is doing equal work to a male full-time
employee she should get equal pay on a pro rata basis. This means that
they should be on the same hourly rate.

For more information on fair pay systems see Acas Advisory booklet - Job
evaluation: an introduction.
Monitoring

The purpose of monitoring is to enable you to examine how your policy

and action plan are working. If your policy is fully effective and has been
in operation for some time your workforce should be broadly
representative of the population of the geographical area from which it is
drawn or demonstrably moving in that direction. Monitoring enables you
to assess this. For example, what percentage of your workforce are
women and are they represented at all levels of the company? If you have
a large Asian population within the travel to work area of your company
and you do not employ any Asian people ask yourself why?

If you employ only a relatively small number of people then it may be

enough to monitor your workforce from personal knowledge but for larger
organisations a more detailed analysis is needed and will give you useful
information, particularly as your company grows.

What information should be collected?

The key thing to bear in mind is to collect only information you are going
to use. Collecting information for its own sake is pointless and will not
help your planning or decision making. What information you collect will
largely depend on what you are trying to achieve. Most organizations will
try to collect information based around the current UK equality legislation.

These areas include the sex and ethnicity of your workforce and whether
they have a disability and under new legislation their religion, sexual
orientation and age although sexual orientation is a sensitive matter and it
may not be appropriate to ask about this at this time. You might also want
to look at how many workers are part-time or have caring responsibilities
and the position that these groups of people hold within the company.

It is recommended that applicants and employees be asked to self-classify.

If this method is to produce a high response rate it is essential that those
asked for the information understand why it is being collected.

It is very important that you consult with staff or their representatives to

let them know that you will be carrying out monitoring and to discuss
what areas will be monitored.

Who do I monitor?
You should monitor both who is applying to work for your company and
also your existing workforce.
Applicants
When monitoring at the recruitment stage it is good practice to ask, when
possible, for monitoring data on a sheet that can be detached from the
application form. A separate sheet can be analysed away from those
carrying out the selection process who will remain unaware of the
information it contains. It should be made clear that the information will
be kept separately and will only be used for equality monitoring and not in
the short-listing process.

It is very important to remember that all applicants must be treated fairly

at the point of selection and choosing someone because they are from a
particular group or a particular sex is unlawful discrimination.

Existing workforce
When collecting this information it is advisable to make it clear that the
reasons behind this are to ensure fairness within the workplace and that
every employee has the same access to training, promotion and other
opportunities.

You will be collecting the same data as at the application stage. This
information should give you a picture of your organisation and allow you
to see whether there are any inequalities, for example, you may find you
have few or no women in managerial positions.

Categories of ethnic groups

The Commission for Racial Equality recommends that employers should
use the 2001 Census categories in order to monitor the ethnicity of their
staff.

(a) White : British : Irish : Any other White background please specify.*

(b) Mixed : White and Black Caribbean : White and Black African : White
and Asian : Any other mixed background please specify.

(c) Asian or Asian British : Indian : Pakistani : Bangladeshi : Any other

Asian background please specify.

(d) Black or Black British : Caribbean : African : Any other Black

background please specify.

(e) Chinese or Other ethnic group : Chinese : Any other ethnic group
please specify.

*The 2001 Census had separate categories for the Welsh (in England and
Wales) and Scots (in Scotland) and you may wish to consider these
separately rather than grouping as British.
You may find it useful to adapt the Census categories to correspond with
your particular recruitment areas. For example, if you have a large
number of Somali people in your local area you might want to reflect this
in your statistics.

What to do with the information?

By setting aims and objectives for your monitoring schedule you can keep
your staff informed at each stage of the process. You should decide who is
going to be responsible for the information and ensuring its confidentiality
and keeping it up to date as the company changes. An annual review,
along with your equal opportunities policy, should be adequate.

In order to make sense of the data compare your statistics to regional,

national or local statistics relating to your recruitment area and where you
have premises.

You should break the profile down into grades or job types but avoid over
complication.

You can find data for comparison purposes from the census, labour force
surveys, your local authority or the Office for National Statistics.

What action to take?

If you find that your organisation is not representative, or it appears that
sections of your workforce are not progressing within the company, do not
impose rapid, false solutions.

Keep in mind that equality is always about finding the most suitable
person for the job.

You can, however, look at your recruitment and selection procedures and
consider whether they are benefiting one group over another or to put it
the other way round whether any particular group appears to be
disadvantaged.

You might ask yourself whether higher grades within the company are
open to job share or part-time employees, which may encourage more
women to apply. You might look at where you advertise when you recruit
new staff. The wider you advertise the more chance you will have of
receiving applications from a true cross section of the population in the
areas from which you recruit.

You should also consider whether to publish the results internally. Being
'transparent' will reassure your staff that you are not carrying out the
process for ulterior motives and may generate debate about any
shortcomings in your systems but keep in mind that if you have a small
company this may risk individuals being identified and this is not
permissible.

You have a duty to keep the information confidential at all stages.

Individuals should not be identified and records should be produced in a
statistical form only.

Further information on this topic and the Data Protection Act can be found
in the Acas Advisory booklet - Personnel data and record keeping.

A positive approach

Taking the actions so far mentioned should enable you to recruit, train
and develop people effectively and fairly. Monitoring, however, may show
that you still do not attract applicants from all sections of the community.
To overcome this you may wish to adopt a more open, outward reaching
approach to help people unfamiliar with your company feel welcome.
Actions that you could take include:

• offering work experience opportunities

• mentoring for students from the local community
• open days
• working with community groups
• local community sponsorship.

If monitoring shows that people from some groups do not appear to

succeed as well as others within your business, as well as reviewing your
procedures and practices, you should consider whether legal Positive
Action measures are appropriate.

Positive action
Equality legislation allows you in limited circumstances to take Positive
Action to tackle the marked levels of historical under representation of
women/ethnic minorities in particular occupations or professions, e.g.,
senior management. These provisions of the legislation enable you to
encourage applications for jobs or promotion from specific sections of the
community that are under-represented in your workforce as a whole or at
particular levels.

You can also provide training courses to, for example:

• develop skills to the required level to compete for jobs and

promotion opportunities;
 • better complete application forms;

• develop interview techniques;

• develop confidence or assertiveness;

• retrain women whose skills have become rusty or out-of-date;

• develop management skills to encourage women/ethnic minorities

to apply for promotion;

• provide career counselling and guidance for working women, or

those wishing to return to work.

It does not allow you to positively discriminate, i.e., to recruit or promote

people on the basis of, for example, their gender or race. It is important
that no favouritism is shown or help given during the actual recruitment
or promotion process. All help must stop as soon as a vacancy is
advertised and it is up to each individual to apply for that job and get it on
their own merit.

Countering bullying and harassment

What is harassment?
Every individual member of staff has the right to be treated fairly and with
dignity and respect. Harassment occurs when someone engages in
unwanted conduct which has the purpose or effect of violating someone
else's dignity or creating an intimidating, hostile, degrading, humiliating or
offensive environment. It is not the intention of the perpetrator which
defines whether a particular type of conduct is harassment but the effect
it has on the recipient.

Bullying is just as unacceptable as any other form of harassment.

Conduct that could constitute harassment

This includes:

• any physical contact which is unwanted

• coercion, isolation or 'freezing-out'
• display of offensive material, e.g., 'pin-ups'
• offensive jokes
• unwelcome remarks about a person's dress, appearance, race or
marital status
• shouting at staff
• personal insults
• persistent criticism
• setting impossible deadlines.
The effect of harassment and bullying at work
Harassment and bullying at work can cause fear, stress, anxiety and
physical sickness amongst employees. It may also put a heavy strain on
personal and family life. It can lead to increased absenteeism, an
apparent lack of commitment, poor performance and even resignation.

For the employer the result is not just poor morale but higher staff
turnover, reduced productivity, lower efficiency and divided teams. The
effects will eventually show through in the overall performance of your
organisation.

Policy statements
Employers need to develop written policies and procedures either as part
of their main equality policy or in a separate document which make clear
that all employees have the right to be treated with dignity and respect at
work, that all forms of harassment and bullying will not be condoned or
permitted in the workplace and that such unacceptable behaviour will be
treated as a disciplinary offence.

A clear statement is an important sign of your management commitment

to preventing unacceptable behaviour at work.

Dealing with harassment

Managers need to be aware that where they see unacceptable behaviour,
whether or not a complaint is made, they need to treat the matter
seriously and take appropriate action to eliminate the particular behaviour.

All employees should have the right to effective remedies when incidents
occur and the procedures should ensure that quick and effective action is
taken.

Often the solution may be as simple as pointing out to someone the effect
that their behaviour has on others and getting them to stop the behaviour
concerned. For a variety of reasons victims of harassment are often
reluctant to invoke formal procedures to resolve matters. It is therefore
preferable for all concerned that, whenever possible, complaints are dealt
with internally and informally. This is likely to produce solutions that are
speedy, effective and minimise embarrassment and the risk of breaching
confidentiality.

Where the informal process proves ineffective or where the individual

being harassed prefers or in serious cases such as assault it will be
necessary to take formal action within the normal disciplinary procedures
of the company or within the guidelines laid down by a specific anti-
harassment policy. Such policies should give the complainant the right to
register their complaint with someone outside their direct management
line as the complaint may be against their line management.

Further information on this topic can be found in the Acas Advice leaflet -
Bullying and harassment at work: a guide for managers and employers
and Acas Advice leaflet - Bullying and harassment at work: guidance for
employees.

Adapting working practices

Many employers have found that making adaptations to their working

practices makes good business sense. It makes their business more
attractive to both potential employees and customers and helps them
recruit and retain the best people. This is not only good business sense
but helps them meet the requirements of legislation.
Some provisions that have helped in this respect are:

• extended leave
• religious holidays
• adaptation to hours of work (see Work/Life balance below)
• reasonable adjustments as required by the Disability Discrimination
Act.

The introduction of the Regulations on Religion and Belief and Sexual

Orientation give further scope for such flexibility including:

• provision of prayer rooms with appropriate hygiene facilities

• meeting dietary requirements in staff canteens and restaurants
• time off to observe religious festivals/ceremonies
• dress requirements
• sensitivity in wording invitations to social gatherings.

Employers will need to give serous consideration to all these and similar
requests.

Work/Life Balance
Striking the balance between work and other areas of life makes good
business sense.

People, with their skills and abilities, are your most valuable resource. In
an ever-changing society and with ever-changing working practices you
need to keep ahead of the game. Flexible working is about recognising
individuals' personal lives outside of work. It can help people to integrate
their parental and other caring responsibilities and their working life more
effectively.
In addition to meeting the statutory rights of working parents (see the
Acas leaflet "Parents at Work") a flexible approach to working
arrangements can have advantages for you and your staff and could help
your business. You are already required by law to consider applications for
flexible working from employees with young children (or disabled children
under the age of 18) and you should give such requests careful and
objective consideration and accommodate the request if it works for the
employee and can work for you. Flexible working is suitable for other
circumstances too, such as caring for older family members or to meet
disability or religious needs.

Your business will prosper and employees flourish if they are enabled to
strike a proper balance between work and their personal lives. Giving
people flexible working options that fit in with their lives and your
business needs will enable you to reap the benefits of improved
productivity and performance.

Below are some of the different types of flexible working that are available.
You could use just one option or have a mixture of several to suit your
business needs and staff circumstances.

Job sharing
Job sharing is where two or more people share the responsibility for one
full-time job. The pay and benefits of the full-time job are shared on a pro
rata basis. Jobs can be shared on a daily basis, with one partner working
mornings and the other working afternoons, or on a weekly basis, with
partners working half a week each. Another option would be for partners
to work alternate weeks. There is usually a changeover period when both
are present. Through job sharing you gain a wider range of skills and
experience than would be possible with a single employee.

Part-time working
Part-time working is where staff work fewer hours per day or per week
than those on a full-time contract. It is usually defined as less than 30
hours per week. Salary, leave and benefits are calculated on a pro rata
basis. This is a rapidly growing working pattern especially in the service
sector as it has moved towards extended hours. Part-time work should be
equally available to both men and women. Part-time staff have the same
rights as full-time staff and as such should be offered the same access to
training and promotion. Employees have a right to request to go part time
and for the request to be seriously considered.

Flexible hours
Flexi-time schemes allow your staff to choose the hours they work within
defined limits. Usually there are set core times during the day, typically 10
am until 4pm, when staff must be present. Start and finish times can vary.
Contracted hours are made up by staff working the core time plus hours
of their choice within the flexible time at the beginning and end of the day.
This is calculated over an agreed period of time, usually four weeks.
Approximately 11 per cent of employees currently have some form of
flexi-time arrangement. Flexi-time should be open to both full and part-
time staff. If your business provides a service, flexi-time enables you to
extend your opening hours and can help to reduce staff absence and
punctuality problems.

Term Time Working

An option that allows staff to take time off during school holidays to look
after their children. Staff usually work all of their hours during term time
and take unpaid leave during the holidays. Sometimes they may prefer to
work reduced hours during the school holidays. Salary is usually paid
evenly across the year. The scheme may give you increased flexibility to
cope with seasonal fluctuations in demand.

Working from home

Employees work from home or from a location away from the main base.
They may or may not communicate with the main base via a computer
link. Rapid changes in information technology and data communications
make it easier to work away from the normal place of work and still retain
close links. They have also opened up the types of work that can be
carried out at home. Currently, more than two million people are
estimated to work from home or use their home as a base. Such
arrangements could help you keep trained and skilled staff that would
otherwise have to give up work because of family commitments.
Homeworkers should have access to the same benefits as work based
colleagues. As a result of home working you may be able to recruit and
attract well-qualified staff who would find it difficult to travel to your place
of work. This might include people with disabilities.

Flexible rostering
Flexible rostering allows your staff to plan their working times and
patterns to match predicted staffing needs over a set period of time. This
can help to reduce staff absence and reduce time taken off for sickness.
Hours earned or owed may be stored in a 'time bank'.

Shift swapping
Shift swapping allows staff to re-arrange shifts amongst themselves to
provide cover for colleagues and to take time off without using up their
holiday allowance. It can provide some flexibility in situations where flexi-
time schemes would not be suitable. It makes it easier for your staff to
meet their out of work commitments. This also can help in reducing
absenteeism and time taken off for sickness.
Voluntary reduced hours
Voluntary Reduced Work Time, often referred to as 'V' time, is a scheme
which allows employees to trade pay for time off. Staff are given the
option of reducing full time working hours for an agreed period, usually a
year, with the right to return to full-time work afterwards. Time off can be
negotiated as a reduction in the working week, or as a block of time
during the year. It can help you to retain staff who may be facing a
difficult personal situation or a medium term domestic emergency.

Annualised hours
Working hours are agreed for the whole year rather than for the week.
The agreed yearly hours are usually arranged into a schedule, typically as
a number of basic rostered hours with a number of hours kept in reserve
to be used when the employer and employee agree. Salary is usually paid
in equal weekly or monthly instalments regardless of the number of hours
worked in a specified period. Annualised hours can be applied to all
workers but, in the UK, it is mostly associated with shift working and 24
hour industries.

How do I get it right?

• Be clear about your aims, and the benefits that you expect from a
more flexible workforce.

• Listen to your staff. You might carry out a brief survey to gauge
how they would like to balance work and the rest of their lives.

• Appraisals can also be useful in this context.

• Let your staff know about your flexible working strategy and
encourage your most senior staff to lead by example.

• Have a trial period and involve your staff in reviewing the

arrangement. Be prepared to adjust, or extend, your approach to
get the right balance for your company.

• Don't stop there. Many companies say that open, two-way

communication is critical in finding and keeping the best approach
which brings benefits for both the company and its workers.

Further information on this topic can be found in the Acas Advisory

booklet - Changing patterns of work and Acas Advice leaflet - Flexible
working.
Annex 1: The Law

There are several pieces of legislation that combat discrimination and

promote equal opportunities and diversity. These are:

• Equal Pay Act 1970

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Employment Rights Act 1996
• Race Relations (Amendment) Act 2000
• Employment Act 2002
• Race Relations Act 1976 (Amendment) Regulations 2003
• Religion or Belief Regulations 2003
• Sexual Orientation Regulations 2003
• (Age Discrimination Regulations to be introduced in 2006).

Guidance on the legislation can be obtained from the relevant Commission

and further general guidance on good practice in the workplace from Acas.
Their addresses are in Annex 3 .

Annex 2: Glossary of terms

Disability
A disabled person is described in the Disability Discrimination Act of 1995
as one who has a physical or mental impairment which has a substantial
and long-term adverse effect on his or her ability to carry out normal day-
to-day activities.

Diversity
Diversity is about recognising, valuing and taking account of people's
different backgrounds, knowledge, skills, and experiences, and
encouraging and using those differences to create a productive and
effective workforce.

Ethnicity
A strict definition of an ethnic group is a group regarded as a distinct
community by virtue of certain essential characteristics - a shared history
which distinguishes it from other groups and a cultural tradition of its own.
Sikhs and Gypsies are examples. However, it has come to have a broader
meaning and the expression "ethnic monitoring" is used in reference to
groups defined by colour, race or national origin as well.

Gender
The word 'gender' is often used in place of the word 'sex' in equality
issues. 'Gender' does not appear in legislation (except for 'gender re-
assignment' - see below) but 'sex discrimination' and 'gender
discrimination' are generally interchangeable.

Gender Reassignment
Gender re-assignment is a process undertaken under medical supervision
for the purpose of reassigning a person's sex by changing physiological or
other characteristics of sex. The Sex Discrimination Act was extended in
1999 to make it unlawful to discriminate in employment on the grounds of
an employee intending to, undergoing or having undergone, gender
reassignment.

Genuine Occupational Requirements

The Sex Discrimination Act and the Race Relations Act and the Religion or
Belief Regulations and the Sexual Orientation Regulations allow for
circumstances where a person's sex, racial group, religion or sexual
orientation is a genuine requirement for a particular job.

Harassment
Behaviour which is unwelcome or unacceptable and which results in the
creation of a stressful or intimidating environment for the victim amounts
to harassment. It can consist of verbal abuse, racist jokes, insensitive
comments, leering, physical contact, unwanted sexual advances, ridicule
or isolation.

Liability
Employers have legal liability for any act of discrimination (including
harassment) carried out by their employees unless the employer can show
that they have taken all reasonably practicable steps to prevent it.

Quotas
It is unlawful to select a person for a job on the basis of their gender or
race in order to achieve a fixed quota of employees of that gender or race.

Sexual Orientation
Whether a person is attracted to people of their own sex, the opposite sex
or both sexes. Assumptions and perceptions of a person's sexual
orientation are also covered by law.

Targets
These can be percentages of underrepresented groups that employers aim
to achieve in the make up of their workforce as part of their equality
action plan. It is unlawful to use a target as a reason for selecting
someone, but it is not unlawful to take steps to get more qualified
applicants from particular groups (see 'Positive Action' in Employment
Practices section).
Transsexual
See 'Gender Reassignment'

Victimisation
If a person has made or is making an accusation of discrimination in good
faith, it is unlawful to discriminate against them for having done so, or
because they intend to do so or it is suspected that they intend to do so.

Annex 3: Useful contacts and publications

Acas National
Brandon House
180 Borough High Street
London SE1 1LW
Web Site: http://www.acas.org.uk/
Helpline: 08457 47 47 47

The Commission for Racial Equality

St Dunstan's House
201 - 211 Borough High Street
London SE1 1GZ
Web Site: http://www.cre.gov.uk/
Tel 020 7939 0000

The Disability Rights Commission

DRC Helpline
Freepost MID 02164
Stratford-upon-Avon CV37 9BR
Web Site: www.drc.org.uk
Tel: 08457 622 633
Fax: 08457 778 878

The Equal Opportunities Commission

Arndale House
Arndale Centre
Manchester M4 3EQ
Web Site: www.eoc.org.uk
Helpline: 0845 601 5901

Acas Equality Direct Helpline

Tel: 08456 00 34 44
Web Site: http://www.acas.org.uk/index.aspx?articleid=454
Othere useful websites

Department of Trade and Industry

Website covers in detail the points of employment law including equality
legislation and a good section on maternity rights.
Web Site: http://www.dti.gov.uk/employment/index.html

Multifaithnet
This is an excellent website detailing the cultural differences and customs
of different religions. Can help employers understand the different
requirements of various religions.
Web Site: www.multifaithnet.org

Stonewall
Works to achieve legal equality and social justice for lesbians, gay men
and bisexual people.
Web Site: www.stonewall.org.uk

Age Positive
Web Site set up by the Government to help employers tackle the issues
raised by the forthcoming legislation on age.
Web Site: www.agepositive.gov.uk

Maternity Alliance
Information on all aspects of maternity.
Web Site: www.maternityalliance.org.uk
Tel: 020 7588 8583

Office for National Statistics

The official UK statistics site
Web site: www.statistics.gov.uk

Redundancy Payments Service

Tel: 0500 848 489
Advice line that will help employers calculate the levels of redundancy
payments due to employees.

Human rights and Public Law Telephone Advice Line

Tel: 0808 808 4546
To help employers with the recent Human Rights Act.

Information Commissioner
Wycliffe House
Water Lane
Cheshire SK9 5AF
Web Site: www.informationcommissioner.gov.uk
Tel: 01625 545700
For information on the Data Protection Act

Small Business Service

Kingsgate House
66-74 Victoria Street
London SW1E 6SW
Web Site: www.sbs.gov.uk
Tel: 0114 259 7788

Federation of Small Businesses

Head Office
Whittle Way
Blackpool Business Park
Blackpool
Lancashire FY4 2FE
Web Site: www.fsb.org.uk
Tel: 01253 336000

Trades Union Congress

Congress House
Great Russell Street
London WC1B 3LS
Web Site: www.tuc.org.uk
Tel: 020 7636 0632

The Confederation of British Industry

Centre Point
103 New Oxford Street
London WC1A 1DU
Web Site: www.cbi.org.uk
Tel: 020 7395 8247

Chartered Institute of Personnel and Development

IPD House
35 Camp Road
Wimbledon
London SW19 4UX
Web Site: www.cipd.co.uk

Last printed version: June 2006

Last updated web version: March 2005