Diversity, Equity & Inclusion Policy Statement
We believe that a culture of diversity, equity, and inclusion not only benefits our Company but supports wellbeing and enables our people to work better because they can be themselves and feel that they belong.
The Company stands by the principles of diversity, equity and fair treatment for Employees, Workers, candidates and Clients both within and outside of the workplace environment. We are committed to providing a safe and respectful workplace and promoting a working environment based on dignity and trust, and one that is free from discrimination, harassment, bullying or victimisation.
We adopt a zero-tolerance approach to instances of bullying or harassment. This includes all forms of sexual harassment.
The people responsible for reviewing, training and updating the policy are the Operations Director and Head of Inclusion. A review happens at least annually in January and is supported by our external HR consultant.
We understand the importance of having a robust approach to diversity, equity, and inclusion, in all that we do for our Clients; from taking details of vacancies, interviewing candidates and throughout the recruitment process up to and following placements.
We operate a diversity monitoring and reporting system that complies with best practice and enables the Company to eliminate discrimination and encourage diversity amongst its workforce and within our candidate database. We treat job applicants and Employees equally, regardless of age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. These are called protected characteristics. Every Employee has a personal responsibility to ensure that the Policy is adhered to.
We operate a thorough training process for all new Employees through our Equality Act 2010 training course and Inclusive Hiring Workshop. Supporting training documents are provided through HiBob, as are any updates in policy. Ongoing training is delivered on an at least annual basis. Interim candidates are provided with a specific copy of this Policy and encouraged to seek out the relevant Policy directly from the Client they are working for and the Umbrella company they are operating through if relevant.
The Company is committed to complying with relevant Equality legislation and codes of practice as a minimum benchmark. Wherever possible the Company strives to exceed legislative requirements by developing policies and procedures that help it achieve its aim of being an Employer and Recruiter of Choice.
This Policy applies to the advertisement of jobs, our internal recruitment process and recruitment on behalf of our Clients, training, development and promotion, conditions of work, pay and benefits and to every other aspect of employment.
We expect our supply chain to comply with all relevant Equality legislation and if they are found to be non-compliant will cease to be an approved supplier.
Our Policy is available for all to view on our website, or by request to the Operations Director or Head of Inclusion.
Diversity, Equity & Inclusion Procedures
Discrimination:
A. The Company will not discriminate either directly or indirectly because of a protected characteristic.
B. Direct discrimination is when an individual is treated less favourably than another individual because of a protected characteristic. Indirect discrimination is applying a requirement or condition which, although applied equally to all persons, particularly disadvantages those who share a protected characteristic.
C. Indirect discrimination is applying a requirement or condition which, although applied equally to all persons, particularly disadvantages those who share a protected characteristic.
D. Discrimination by perception is direct discrimination against an individual because others think they possess a particular protected characteristic.
E. Associative discrimination is direct discrimination against an individual because they associate with another individual who possesses a protected characteristic.
F. All of our Consultants and Employees involved in recruitment (in particular) should request training if they have any doubt about how to apply this Policy.
G. Any instance of doubt about the application of this Policy, or any other questions regarding discrimination, should be addressed to the Operations Director in the first instance.
Disability:
A. Employees and candidates who are disabled or become disabled in the course of their employment or whilst seeking work through our Company should inform the Operations Director who will seek external advice if necessary to ensure that the correct level of support is provided. An individual is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
B. Employees and candidates with disabilities may also wish to advise the Company of any "reasonable adjustments" to their employment or working conditions which they consider will be necessary or which they consider would assist them in the performance of their duties or their performance for prospective employers.
C. Careful consideration will be given to any proposals of this nature and, where reasonable and practicable, such adjustments will be made. There may however be circumstances where it will not be reasonable or practicable for the Company or a Client to accommodate those proposals and where less favourable treatment may be justified in accordance with the statutory provisions.
Discrimination Complaints
Any candidate or Client may use the Company’s Complaint Procedure to complain about discriminatory conduct. The Company will ensure that they feel able to raise such complaints and no individual will be penalised for raising a complaint of this nature.
If a complaint about discriminatory conduct is found to be untrue and made in bad faith, this matter will be fully investigated.
Anti-harassment, anti-sexual harassment and anti-bullying Policy Statement
We are committed to taking proactive measures to prevent all forms of bullying and harassment, including sexual harassment, of our Employees and workers by:
ensuring all new starters attend diversity, equity and inclusion training and anti-bullying and anti-harassment training, as part of their onboarding programme;
providing new Interims with a specific copy of this Policy and encouraging them to make themselves familiar with the relevant Policies of the Client and Umbrella company if relevant.
requiring all Employees to attend regular diversity, equity and inclusion training and anti-bullying and anti-harassment training on at least an annual basis;
providing additional training for Managers to ensure that they understand how to implement this policy effectively and their role in preventing and stopping bullying and harassment from occurring in the workplace and by third parties that you may have contact with;
undertaking regular risk assessments to determine reasonable measures that can be implemented to minimise the risk of exposure to sexual harassment in the workplace and by third parties that you may have contact with; and
ensuring that our zero approach to all forms of discrimination, and bullying and harassment, is communicated to all workers and third parties that you may have contact with.
Anti-harassment, anti-sexual harassment and anti-bullying Procedures
What we expect from you
We expect you, and every one of our Employees, to take personal responsibility for observing, upholding, promoting and applying this policy. Whatever your job is, this is part of your role.
Any dealings you have with third parties, including Clients, Suppliers, Contractors, Agency Staff, Interns and Consultants, must be free from discrimination, harassment, victimisation or bullying.
If any of our Employees is found to have committed, authorised or condoned an act of bullying or harassment, we will take action against them (for those to whom it applies) under our Disciplinary procedure, up to and including dismissal.
There is no justifiable reason to bully or harass someone else. For example, observing a particular religion is not a legitimate reason for bullying or harassing a colleague because of their sexual orientation. Even if you do not intend to bully or harass someone else, this does not legitimise your behaviour as it is the impact on the recipient that is important.
You should be aware that you can be personally liable for harassment.
If you experience bullying or harassment, we encourage you to report it to either your Manager, Head of Inclusion or Operations Director or to report anonymously via our Confidential Feedback form found here and to ask for appropriate support which could include but not limited to a change in working practices or counselling.
Who is protected from harassment
The Equality Act 2010 prohibits discrimination because of certain protected characteristics. These are:
disability;
sex;
gender reassignment;
marital or civil partnership status;
race;
religion or belief;
sexual orientation; and
age.
Although pregnancy and maternity and marriage and civil partnership are not specifically protected under the legal provisions on harassment, we consider harassment on any ground to be unacceptable.
Meaning of harassment
Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of:
violating someone else's dignity; or
creating an intimidating, hostile, degrading, humiliating or offensive environment for someone else.
Harassment can occur where someone perceives another person to have a protected characteristic, for example a perception that someone is transgender even if they are not.
Harassment can also arise by association, where someone is harassed because they are associated with someone with a protected characteristic, for example having a family member of a particular religion.
Examples of harassment
Harassment can occur in many forms, and can take place either at work, outside work, in person, or online. While this is not an exhaustive list, examples include:
"banter", jokes, taunts or insults that are sexist, racist, ageist, transphobic, homophobic or derogatory against any other protected characteristic;
unwanted physical behaviour, for example, pushing or grabbing;
excluding someone from a conversation or a social event or marginalising them from the group;
derogatory comments about pregnancy, maternity leave or IVF treatment;
mimicking or making fun of someone's disability;
derogatory or offensive comments about religion;
unwelcome comments about someone's appearance or the way they dress that is related to a protected characteristic;
"outing" (i.e. revealing their sexual orientation against their wishes), or threatening to "out", someone;
consistently using the wrong names and pronouns following the transition of a person's gender identity;
displaying images that are racially offensive; and
excluding or making derogatory comments about someone because of a perceived protected characteristic, or because they are associated with someone with a protected characteristic.
Meaning of sexual harassment
Harassment may be sexual in nature. The law defines sexual harassment as:
conduct of a sexual nature that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment; and
less favourable treatment related to sex or gender reassignment that occurs because of a rejection of, or submission to, sexual conduct.
Employers are legally obliged to take reasonable steps to prevent sexual harassment of their workers in the course of their employment and by third parties.
Examples of sexual harassment
Sexual harassment can occur in many forms, and can take place either at work, outside work, in person, or online. While this is not an exhaustive list, examples include:
physical conduct of a sexual nature, unwelcome physical contact or intimidation;
persistent suggestions to meet up socially after a person has made clear that they do not welcome such suggestions;
showing or sending offensive or pornographic material by any means (e.g. by text, video clip, email or by posting on the internet or social media);
unwelcome sexual advances, propositions, suggestive remarks, or gender-related insults;
offensive comments about appearance or dress, innuendo or lewd comments;
leering, whistling or making sexually suggestive gestures; and
gossip and speculation about someone's sexual orientation or transgender status, including spreading malicious rumours.
Bullying
There is no legal definition of bullying. However, we regard it as conduct that is offensive, intimidating, malicious, insulting, or an abuse or misuse of power, and usually persistent, that has the effect of undermining, humiliating or injuring the recipient.
Bullying can be physical, verbal or non-verbal conduct. It is not necessarily face to face and can be done by email, phone calls, online (cyber-bullying) or on social media. Bullying may occur at work or outside work.
If the bullying relates to a person's protected characteristic, it may also constitute harassment and, therefore, will be unlawful (see Harassment).
Examples of bullying
While this is not an exhaustive list, bullying may include:
physical, verbal or psychological threats;
excessive levels of supervision; and
inappropriate and derogatory remarks about a person's performance.
It is important to understand that legitimate, reasonable and constructive criticism of a person's performance or behaviour, or reasonable instructions given to people in the course of their employment, will not of themselves amount to bullying.
Microaggressions
Microaggressions - sometimes called micro-incivilities - are statements, actions, or incidents that are regarded as indirect, subtle, or unintentional discrimination against members of a marginalised group such as a racial or ethnic minority. They are sometimes referred to as "death by a thousand cuts". Microaggressions generally take one of three forms:
Micro-assaults: Conscious, deliberate and obvious insults made verbally or non-verbally to a marginalised individual or group, for example using racial slurs or displaying offensive symbols such as a swastika.
Micro-insults: Unintentionally insensitive remarks or assumptions based on stereotypes, for example saying to a person with a disability "You don't look disabled to me".
Micro-invalidations: Where a person denies, or seeks to cancel, the feelings and experiences of a marginalised individual or group. For example, a person saying "I’m not racist - some people are just too sensitive,” or staying silent when something should be addressed or corrected.
Serious microaggressions can amount to unlawful harassment, bullying or discrimination but even seemingly less serious microaggressions can negatively impact the health and wellbeing of the person experiencing them.
What to do if you are being bullied or harassed
Informal Procedure:
A. If an incident occurs which an Employee thinks may be harassment or bullying and they do not wish it to happen again, they may prefer initially to attempt to resolve the problem informally. In some cases it may be possible and sufficient to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is not welcome, that it offends them or makes them uncomfortable and that it interferes with their work. The Employee should make it clear that they want the behaviour to stop. In circumstances where this is too difficult or embarrassing for them to do on their own, they should seek support from a friend at work, the Head of Inclusion, Operations Director or any of the Management team.
B. If the Employee is in any doubt as to whether an incident or series of incidents which have occurred constitute harassment or bullying, then in the first instance they should approach the Head of Inclusion, Operations Director or any of the Management team on an informal basis. They will be able to advise them as to whether the complaint necessitates further action, in which case the matter will be dealt with formally/informally as appropriate. If the conduct continues or if it is not appropriate to resolve the problem informally, it should be raised through the following formal process.
Formal Procedure:
A. Where informal methods fail, or serious harassment or bullying occurs, the Employee is advised to complain formally to the Operations Director. Consideration will be given to the immediate separation of the complainant and the alleged harasser where possible. In serious cases the alleged harasser may be suspended.
B. The Employee will be interviewed by the Operations Director handling the complaint to establish full details of what happened. They will then carry out a thorough, impartial and objective investigation as quickly as possible. Those carrying out the investigation will not be connected with the allegation in any way. An investigation will be carried out quickly, sensitively and with due respect for the rights of both the Employee and the alleged harasser.
C. The investigation will involve interviews with the person against whom the Employee is making the complaint. The alleged harasser will be given full details of the nature of the complaint and will be given the opportunity to respond.
D. The Employee and the alleged harasser will have the right to be accompanied and/or represented by a colleague or union representative at any interviews. The Employee will not be asked to provide details of the allegations repeatedly unless this is essential for the investigation.
E. Strict confidentiality will be maintained throughout the investigation into the allegation. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised to them.
F. When the investigation has been completed the Employee will be informed whether or not their allegation is considered to be well founded. If the allegation is well founded, disciplinary action may be taken against the person alleged to have committed the behaviour the Employee is complaining about and, depending on the circumstances and the seriousness of the complaint, may result in the dismissal of that person.
G. If the allegation is not well founded, consideration will be given where possible as to whether it is necessary to transfer or reschedule the work of both or either party in cases where it would not be appropriate for either of them to continue to work in close proximity to each other.
H. The Company takes these matters very seriously. However, malicious complaints of harassment can have a serious and detrimental effect upon a colleague. Any unwarranted allegation of harassment or bullying, made in bad faith, will be deemed potential gross misconduct. We are sure that all Employees appreciate that this must be so, to protect the integrity of this Policy.
Appeals
If you are not satisfied with the outcome of the formal investigation, you have the right to appeal.
Should you wish to appeal, you should write to the Operations Director setting out what aspects of the decision you are unhappy with and the reasons why. Appeals should be submitted without unreasonable delay and usually no longer than 5 working days after we inform you of the decision.
The Operations Director will arrange a meeting with you to discuss your appeal in full and to try and reach a satisfactory solution. You must take all reasonable steps to attend this meeting and you may be accompanied by a colleague or trade union representative.
The Operations Director will write to you to confirm the outcome of the appeal, which will be final.
Bully/harasser is a third party
Bullying and harassment by third parties, such as, Clients, Suppliers and/or Contractors, will not be tolerated.
If you are experiencing bullying or harassment by a third party, we encourage you to report it to either your Manager, Head of Inclusion or Operations Director or to report anonymously via our Confidential Feedback form found here and to ask for appropriate support which could include but not limited to a change in working practices or counselling.
Support for those affected or involved
We understand that anyone affected by, or involved with, a complaint of bullying or harassment may feel anxious or upset and we will do what we can to support you.
Regardless of the outcome of your complaint, we will consider carefully how to best approach any ongoing working relationship between you and the individual concerned, including any third party. For example, depending on the specific circumstances, we may consider amending the job duties, location or reporting lines of either you or the other person. Alternatively, we may decide workplace mediation or counselling is appropriate.
If you feel you cannot continue to work in close contact with the alleged bully/harasser, we will consider seriously any requested changes to your working arrangements during our investigation into the matter.
Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If you feel you have suffered such victimisation, please inform the Operations Director as soon as possible.
Further, independent external support can be found at: www.acas.org.uk/sexual-harassment/creating-a-sexual-harassment-policy/get-help-and-support.
Sensitivity and confidentiality
Anyone involved with an informal or formal complaint about bullying or harassment, including witnesses, must keep the matter strictly confidential and act with appropriate sensitivity to all parties.
If you are found to have breached confidentiality or acted without due care or sensitivity in a case of bullying or harassment, we may take disciplinary action against you up to and including dismissal (or other appropriate action for non-Employees).
Consequences of breaching this Policy
If, following a formal investigation, we find that you have committed, authorised or condoned an act of bullying or harassment, we will deal with the issue as a possible case of misconduct or gross misconduct.
We may take disciplinary action against you, up to and including dismissal (or other appropriate action for non-Employees). You should be aware that any aggravating factors, such as abuse of power over a more junior colleague, will be taken into account in deciding what disciplinary action to take.
Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If we find that you have victimised anyone in this way, we will instigate disciplinary action against you up to and including dismissal (or other appropriate action for non-Employees).
If you are an Employee, please refer to our Disciplinary procedure for further information.
Record-keeping
We process personal data collected in relation to bullying or harassment complaints in accordance with our Data Protection Policy. In particular, data collected in relation to the investigation of bullying or harassment complaints is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the complaints and conducting an investigation. You should immediately report any inappropriate access or disclosure of Employee data in accordance with our Data Protection Policy as this constitutes a data protection breach. It may also constitute a disciplinary offence, which we will deal with under our disciplinary procedure.