Equality

Policy Scope:

This policy affects all South Yorkshire Police’s workforce.

Workforce means any individual working for South Yorkshire Police (SYP) and includes:

Police officers
Police staff
Members of the Special Constabulary (when acting as such) and other volunteers

Applicants to the workforce are also affected by this policy (ie those who have submitted application forms for employment with SYP).

Policy Aims and Objectives:

South Yorkshire Police is committed to encouraging and achieving a working environment that is underpinned by fairness to all individuals. In this context diversity is to be recognised, encouraged and valued, people treated inclusively and personal responsibility accepted by all.

The goals of SYP include the promotion of fairness, inclusion and human rights, the provision of equality of opportunity in all aspects of employment, and the elimination of unlawful discrimination.

Legal Framework

The law demands fairness in employment through various and numerous pieces of legislation. More specifically, the Equality Act 2010 creates a public sector equality duty. This describes legal requirements upon public authorities to ensure fairness and equality of opportunity in service provision and the treatment of job applicants and workforce members.

SYP and individual members of its workforce can be held liable in actions brought under Equal Opportunities legislation. The law requires that individuals shall neither unlawfully discriminate nor help others to do so.

In order to achieve good practice and legal compliance SYP has adopted the Codes of Practice issued by the Equality and Human Rights Commission). SYP also subscribes to the Employers Forum on Disability.

General Policy Statement

The aim of this policy is to ensure that no member of, or applicant to the SYP workforce receives less favourable treatment in employment on the grounds of gender, gender identity, ethnicity, religion or belief, disability, sexual orientation, age, pregnancy/maternity, civil partnership or marital status. In addition, no person is to be disadvantaged by conditions or requirements that cannot be justified. SYP seeks to ensure that no member of its workforce is victimised or subjected to any form of harassment.

Eliminating discrimination, promoting equality of opportunity, fostering good relations and other components of the equality duties are positive in nature. Reactive actions to correct mistreatment or unfairness are insufficient. Without exception, all workforce members must demonstrate a commitment to the equality duties and seek to apply their principles, whether in dealings with colleagues or members of the public. At the strategic level SYP seeks to meet these duties through a rigorous framework of Equality Analysis in policy development and review.

Each case must be managed on its own merits so as to minimise or eliminate the scope for adverse impact.

Individuals who feel that they have grounds for complaint in relation to discrimination may pursue their complaints through appropriate avenues. These are described in:

SYP Workplace Bullying and Harassment D50890
SYP First Contact Advisor Scheme D50889
SYP Fairness at Work Procedure D50167

Recruitment, selection, training and promotion practices and policies within the Force will be monitored to support the Equality policy and where barriers to equality of opportunity are identified, any necessary changes will be made.

Meaning of Terms – General

Disability

The Equality Act 2010 creates legislation regarding unlawful discrimination on the grounds arising from a disability. The aim of the Equality Act 2010 is to remove barriers and give disabled people the opportunity to compete, and be considered for, all types of vacancies. Also to exercise their skills and abilities in employment and to gain access to goods and services on a fair and equal basis subject to any statutory restrictions.

South Yorkshire Police will take all reasonable steps to retain the services of members of its workforce who become disabled.

In order to qualify for protection under the Equality Act 2010, a person must have, or have had, 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.

Day to day activities are common actions, like using a telephone, climbing a flight of stairs or reading a sign, carried out by many people on a regular basis.

A disability can arise from a wide range of impairments which can be:

sensory
fluctuating
progressive, and can include auto-immune conditions, conditions which are organ specific, mental health and mental illnesses
a person who has cancer, HIV infection or MS is a disabled person from point of diagnosis

The Act also treats severe disfigurement as a disability.

The impairment must be substantial and have a long-term effect. This means that it has lasted or is likely to last for 12 months, or it is likely to last for the rest of the life of the person affected.

Genuine Occupational Requirements (GOR)

Exceptions to the law regarding discrimination are permissible in those cases where someone’s gender, ethnicity, religion or belief, or sexual orientation is genuinely needed for them to be able to carry out their duties. What employers may legitimately claim as a GOR for a job varies according to the characteristic being discriminated on. However, in general the onus is on the employer to demonstrate that the characteristic concerned is a genuine requirement for the job, crucial to the job’s performance, and that it is proportionate to apply the requirement in the case in question. For example, it would be a Genuine Occupational Requirement for an Asian women’s refuge to require an Asian woman for the post of staff manager.

In practice, the roles to which a GOR may be lawfully applied are extremely limited. Before advertising a role with a GOR, advice should be sought from HR Shared Services or in the Diversity Unit in the HR Directorate.

Positive Action

Positive action is the common term used to refer to a range of interventions that employers can legally take to influence the profile of their workforces. This could be to counteract the effects of past discrimination or to help eliminate stereotyping. In relation to selection for recruitment or promotion, the positive action methods all take place prior to, or outside the selection procedure, which remains identical for all participants. Positive action can be categorised into three types of activity:

Advertising – When notifying potential applicants of a vacancy, a positive action message can be used to state that applications are particularly welcomed from members of a specified group or groups that are under-represented. The purpose of the message is to help increase the number of applications from among the desired group(s).
Information events – Where research suggests that applications from specified under-represented groups may be low, owing to inaccurate perceptions or ‘myths’ about the role to be advertised, information events (or ‘familiarisation events’) can be used to inform potential applicants and encourage greater numbers of applications.
Coaching and mentoring – Where research suggests that candidates from among specified under-represented groups tend to perform less successfully than other groups in the selection process used, coaching and mentoring services can be offered to candidates from those groups, to assist them to prepare for and overcome any barriers or inequalities in the process.

In order for positive action to be legally justified, the employer must be able to show that the group or groups benefiting are under-represented, either in the existing workforce as a whole, or among the holders of the role for which selection is to take place.

South Yorkshire Police uses positive action methods drawn from all three of the categories listed. These include:

Advertising - South Yorkshire Police advertises its vacancies using a ‘jobs board’ on the force Intranet and Internet sites. Vacancy notices are accompanied by information about under-representation and positive action statements where appropriate and justified.
Familiarisation events - These are used both to attract and to inform candidates for vacancies and may vary in duration and format. A generic version is routinely used for all police officer recruit applicants, but more focussed versions are also possible. These may be directed entirely towards one or more specific groups where under-representation exists, or may be open to attendance by any potential applicant.
Positive Action Mentor Scheme (PAMS) - This initiative offers a confidential mentoring service to applicants who are members of under-represented groups. Ongoing career guidance advice, personal support and short-term coaching are included in the range of benefits available. The service is offered to candidates from both within and without the organisation. See the PAMS pages of the Diversity site on the SYP Intranet for more information.

Positive Discrimination

Positive discrimination is distinct from positive action in that it describes a range of actions with a different purpose. These actions give preference to candidates from particular groups over others. They often involve intervention in the selection process itself, for example by giving advantageous terms in the process or by use of quota systems, reserving a portion of vacancies exclusively for members of a particular group.

In general, positive discrimination is unlawful, though the Equality Act 2010 states that an employer, including South Yorkshire Police, can treat disabled people better, or more favourably than a non-disabled person.

In practice, the extent of the favourable treatment expected may be applicable only in a very limited scenario. For example, where a disabled and a non-disabled candidate are equally qualified, and have tied scores at the end of the selection process, the employer may then be expected to consider selecting the disabled candidate.

South Yorkshire Police recognises the benefits of having a representative workforce. These could include improved trust and confidence in the police by all sections of the population served, together with better community intelligence and greater public satisfaction with the service received.

In aspiring to an ever more representative workforce, South Yorkshire Police will:

Monitor all sections of its workforce profile, by protected characteristics of diversity and by district/department.
Encourage applicants to disclose their diverse characteristics through use of interventions such as diversity monitoring questionnaires.
Encourage potential applicants and candidates from under-represented groups to take up positive action opportunities.
Seek constantly to review and improve the fairness of selection processes used.
Seek to make use of positive action methods where justified.
Not positively discriminate in recruitment, promotion or selection procedures, except where required by legislation.

Meaning of Terms – Unlawful Discrimination

Unlawful discrimination can occur in various forms:

Direct Discrimination

Direct discrimination takes place when a person is treated less favourably than others on the grounds of some personal characteristic, such as gender, gender identity, ethnicity, religion or belief, disability, sexual orientation, age, pregnancy/maternity, civil partnership/ marital status.

Indirect Discrimination

Indirect discrimination takes place when a requirement or condition is applied equally across a diverse group of persons and it is to the detriment of the individual concerned because they cannot comply with it.

Indirect discrimination can occur when an employing organisation seeks to apply a ‘blanket policy’ to treat numerous people identically, despite them having diverse characteristics and needs. For example, if a particular job description demanded that the holder possessed a particular qualification, which was only available in the UK, then the case could be made that a potential applicant for the role who possessed an equivalent but different qualification, obtained in a non-UK country, was indirectly discriminated against by the requirement.

Failure to Make Reasonable Adjustments

In order to meet the requirements of the Equality Act 2010, South Yorkshire Police is under a positive and proactive duty to take steps to remove, reduce or prevent the obstacles a disabled worker or job applicant faces. In addition, it must consider making reasonable adjustments to working practices, equipment and premises to ensure that a disabled person is not put at a substantial disadvantage due to their disability.

The three requirements of the duty are:

1. Changing the way things are done

2. Making changes to overcome physical barriers of the workplace

3. Providing extra equipment or support

Unless SYP can objectively justify why this cannot be done it will amount to an act of discrimination.

A failure, without justification, to comply with this duty will amount to an act of discrimination.

The Equality Act 2010 allows for financial and other costs to be taken into account, together with the extent of the employer’s financial resources when considering whether it would be reasonable to require any adjustments.

Victimisation

For the purposes of employment legislation and this policy, victimisation occurs when a person either has made a complaint, or is perceived to have made a complaint about the discriminatory behaviour of another or the organisation, and as a result is treated badly.

Workplace Bullying

Offensive, intimidating, malicious or insulting behaviour, or the abuse or misuse of power intended or tending to undermine, humiliate, denigrate or injure the recipient. In its more severe forms, workplace bullying may amount to unlawful discrimination.

Harassment

Any ongoing course of unwanted conduct which has the purpose or effect of violating another’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other purpose. This includes incitement to commit such behaviour.

There are now four types of harassment in Equality Law:

1. Unwanted behaviour in relation to a protected characteristic

2. Sexual harassment

3. Worker treated less favourably because they submit or reject sexual harassment or harassment related to sex or gender reassignment

4. Third party harassment by a customer

Workplace

Any place where the business of South Yorkshire Police is conducted. This extends, for example, to locations away from the office or station (such as in police vehicles and on patrol) and can include work related social activities.

Recipient

A person against whom behaviours are used, that are perceived as workplace bullying or harassment.

Conduct shall be regarded as having taken effect as above if, having regard to all the circumstances including in particular the perception of that other person, it should reasonably be considered as having that effect.

Policy Application

This policy recognises the legal obligations placed on South Yorkshire Police to act as a just and fair employer. It is designed as an all-embracing policy to be adopted by all individuals in the organisation, every member of staff having responsibility not to discriminate or to treat others in an unfair and unjust manner. Commitment to such a policy will increase organisational efficiency and foster a fair and impartial attitude in all members, thus enhancing the service offered to the public.

In the practical application of the Equality Policy it is important that all members of staff guard against discrimination based on assumptions that individuals as members of groups possess characteristics which would render them unsuitable for employment, or employment in a specific capacity.

Examples of such assumptions might relate to:

An individual lacking commitment to work;
An individual having outside commitments which interfere with work;
An individual possessing inferior mental/physical ability;
An individual being expected to receive an unfavourable reaction from other employees or members of the public;
Certain categories of person being suitable for only certain types of work;
An individual lacking ability to supervise;
An individual having limited career intentions;
An individual being unwilling or unable to undergo training;
An individual having limitations imposed by traditional interests or experience.

Any restrictions applied in policy and practice, which affect certain groups more than others, may amount to indirect discrimination and should be reviewed to determine whether they are necessary rather than convenient. If unnecessary they should be removed.

Recruitment, Selection, Promotion and Deployment

Applicants for posts, whether it be recruitment, specialisation or promotion, shall be given as much clear and accurate information through advertisements, job descriptions, interviews and associated literature as is necessary for them to assess their own suitability to apply for a post. The recruitment literature shall not imply that there is a preference for one group of applicants unless there is a Genuine Occupational Requirement, in which case this will be clearly stated.

Once all applications have been received, each candidate must be considered strictly on merit and suitability.

Advertisements of vacancies and recruitment drives shall be aimed at as wide a group of suitably qualified and experienced people as possible. All such advertisements and other related documentation shall indicate that South Yorkshire Police is committed to equality of opportunity and operates policies and procedures to that end.

All job and person specifications shall include those requirements that are necessary and justifiable for the effective performance of the job. Requirements must be reviewed before being advertised in order to ensure that they are necessary and avoid discrimination.

Selection will be based only on merit, seeking evidence of skills, ability, knowledge, understanding, behaviour and possession of appropriate, required qualifications. All interviews shall be thorough, and in order to be fair shall deal only with the applicant's suitability for the job and ability to fulfill its requirements.

The Equality Act 2010 includes provision for the situation in which candidates for selection to a post are tied in terms of merit and/or score. In these circumstances the Act permits the employer to choose which candidate to offer the post on the basis of their membership of a particular under-represented group. This is lawful but not mandatory. SYP will consider the use of this provision on a case-by-case basis but does not plan to use it as common practice.

South Yorkshire Police will not discriminate on the basis of unjustifiable criteria in the allocation of duties or shifts between individuals working under comparable job descriptions.

Learning and Development

Appropriate learning and development opportunities shall be provided to enable individuals to perform their jobs effectively. Such opportunities will include provision where necessary for individuals returning to work after a period of absence.

It is the policy of SYP not to discriminate in the provision of development opportunities, except where positive action is lawful and justified. In general, all individuals will be encouraged to take advantage of personal development opportunities, through advertisement and performance and development review.

A candidate’s age will be a barrier to learning and development opportunities only insofar as is required by statutory age restrictions.

Individuals with roles in management, performance and development review, selection procedures and learning and development will be offered learning solutions, guidance in the law relating to equal opportunities and be made aware of their own personal responsibility. All personnel will receive information about equality and be made aware of their personal responsibilities.

Terms and Conditions of Service and Facilities

South Yorkshire Police will not discriminate on the basis of unjustifiable criteria in the provision of general facilities and benefits.

Monitoring

The Deputy Chief Constable and the Head of HR Directorate have particular responsibility for the implementation, monitoring and supervision of the Equality Policy. All aspects of policies and procedures shall be regularly reviewed to ensure that they are fair and provide equality of opportunity. Examples of such monitoring will include:

Analysis of the composition and distribution of personnel;
Regular review of performance/assessment documentation;
Analysis of training content;
Random sampling of the recruitment process;
Monitoring of the Fairness at Work Procedure D50167 and the First Contact Advisor Scheme D50889.
The policies and procedures of South Yorkshire Police will be kept under review to ensure that they do not operate against the promotion of equal opportunity.

Equality Analysis and regular review of all SYP policy is carried out to help ensure the provision of equal opportunity.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

First Contact Advisor Scheme D50889