Equality, Diversity, and Inclusion Policy

1. Introduction

This policy applies to all employees of WYMS, learners, suppliers and visitors.

WYMS is committed to providing equal opportunities for employees and to avoiding unlawful discrimination in employment and the delivery of its activities.

This policy is intended to assist WYMS to put this commitment into practice. Compliance with this policy should also ensure that employees, learners’ suppliers and visitors do not commit unlawful acts of discrimination.

Striving to ensure that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities in all that we do. 

2. The law       

It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, sex, gender reassignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These are known as “protected characteristics”.

Discrimination after employment may also be unlawful, e.g. refusing to give a reference for a reason related to one of the Protected Characteristics.

3. Dignity at work

WYMS is committed to creating an environment free of harassment and bullying, where everyone is treated with dignity and respect.

Some harassment is unlawful discrimination, and serious harassment may be a criminal offence.

Bullying is offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate or injure the person on the receiving end. Examples of bullying would include picking on someone or setting him/her up to fail or making threats or comments about someone's job security without good reason.

Harassment is unwanted conduct related to relevant protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age, that:

• has the purpose of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person; or

• is reasonably considered by that person to have the effect of violating his/her dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her, even if this effect was not intended by the person responsible for the conduct.

Examples of harassment would include: physical conduct ranging from unwelcome touching to serious assault; unwelcome sexual advances; demeaning comments about a person's appearance; unwelcome jokes or comments of a sexual or racial nature or about an individual's age; excluding an individual because they are associated or connected with someone with a protected characteristic, e.g. their child is gay, spouse is black or parent is disabled; repeated name calling related to an individual's religion or belief; ignoring an individual because they are perceived to have a protected characteristic (whether or not they do, in fact, have that protected characteristic), e.g. an employee is thought to be Jewish, or is perceived to be transgender; the use of obscene gestures; and the open display of pictures or objects with sexual or racial overtones, even if not directed at any particular person, e.g. magazines, calendars or pin-ups.

Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a "joke" may offend another person. Everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. Behaviour that any reasonable person would realise would be likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to them, e.g. sexual touching. It may not be so clear in advance that some other forms of behaviour would be unwelcome to, or could offend, a particular person, e.g. certain ‘banter’, flirting or asking someone for a private drink after work. In these cases, first-time conduct that unintentionally causes offence will not be harassment, but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to them.

A single incident can be harassment if it is sufficiently serious.

If an employee, supplier, learner or visitor thinks they are being bullied or harassed, they may be able to sort out matters informally. The person may not know that their behaviour is unwelcome or upsetting. The individual may feel able to approach the person themselves, or with the help of someone else at WYMS. The individual should tell the person what behaviour they find offensive and unwelcome and say that they would like it to stop immediately.

If an informal approach does not resolve matters, or they think the situation is too serious to be dealt with informally, the individual can make a formal complaint by raising the matter using using WYMS’s grievance procedure.

All complaints will be investigated promptly and, if appropriate, disciplinary proceedings and/or appropriate action will be brought against the alleged harasser. The individual will have the right to be accompanied by a colleague or staff representative at any meeting dealing with their grievance. They will be kept informed of the general progress of the process of investigation and the outcome of any subsequent proceedings.

WYMS will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible.

Individuals have a right not to be victimised for making a complaint in good faith, even if the complaint is not upheld. However, making a complaint that the employee knows to be untrue may lead to disciplinary action being taken against them.

4. Employee responsibilities

Every employee is required to assist WYMS to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination.

Employees can be held personally liable as well as, or instead of, WYMS, for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.

Acts of discrimination, harassment, bullying or victimisation are disciplinary offences and will be dealt with under WYMS’s disciplinary procedure. Conduct of this type will often be gross misconduct which can lead to summary dismissal.

5. Responsibilities of Suppliers, Learners and Visitors

All suppliers, learners and visitors are required to assist WYMS to meet its commitment to provide equal opportunities and avoid unlawful discrimination.

If you become aware of any instance of discrimination, harassment, bullying or victimisation, please bring it to the attention of a member of staff immediately.

Suppliers, learners and visitors may be held liable as well as or instead of WYMS for any act of unlawful discrimination. Anyone who commits a serious act of harassment may be guilty of a criminal offence.

Any act of discrimination, harassment, bullying or victimisation will be dealt with seriously and may lead to the perpetrator being barred from the use of the facility.