Equality in Procurement Guidance for providers of goods, services and works to

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1 Equality in Procurement Guidance for providers of goods, services and works to incorporating the Chelmsford Borough Council s Equality statement on procurement Chelmsford Borough Council is committed to equality in the provision of services. We strive to ensure services are equally accessible to our residents and appropriate to the differing needs of the increasingly diverse community we serve. Equality in service delivery tries to ensure the services we provide meet the changing needs of different individuals and groups. We seek to do this by: ensuring that services are accessible, adequate and responsive to the needs of all users. We aim to achieve a consistent approach to equality in the delivery of all services. In order to achieve this, the Council has adopted the Common Standard for Equalities in Public Procurement, which is an accredited procurement tool.. The Council requires companies, agencies or individuals working on our behalf, or delivering a service to the Council to practice equality of opportunity and not to discriminate against our residents or staff on the grounds of race, gender, disability, sexual orientation, age or religion or belief. They must be clear about the Council s position on equality and be aware of the requirements placed upon them to adhere to our policies. The Common Standard provides a proactive approach to our obligations under Equal Opportunities legislation, and all organisations wishing to provide services to us or on our behalf must be able to demonstrate that all reasonably practicable steps are taken to allow fair access and equal treatment in employment and service delivery for all. Failure to comply with these conditions could result in the Authority, and in some cases individuals, being liable to legal action and result in organisations from being excluded from tendering for Council Contracts.

2 Frequently Asked Questions Why do I, or my company need to take equality into account? Chelmsford Borough Council is required to meet statutory duties for equality which includes the requirement that organisations providing services to, or on behalf of the Council must apply comply with the specific aspects of equality legislation both in service delivery and employment. The legislation governs equality in relation to race, gender, disability, age, sexuality, and religion or faith. What questions will I, or my company be asked? The following questions are those used as part of the Common Standard in prequalification questionnaires: The Common Standard asks service providers to demonstrate compliance with equality in employment legislation through their answers to the six questions and by providing supporting evidence. 1. Is it your policy as an employer to comply with your statutory obligations to employees and applicants for employment under the Acts of Parliament listed below (see contract clauses)? 2. In the last three years has any finding of unlawful discrimination or other breach of these laws been made against your organisation by any court or employment tribunal? 3. In the last three has your organisation been the subject of formal investigation by any of the statutory equality commissions on grounds of alleged unlawful discrimination. 4. If you answered yes to question 2 or, in relation to question 3 a commission made a finding adverse to your organisation what steps did you take to address that finding? 5. Is your policy on equal opportunities at work set out: (a) In instructions to those concerned with recruitment, training and promotion? (b) In documents available to employees, recognised trade unions or other representative group of employees? (c) In recruitment advertisements or other literature? 6. Do you observe as far as possible the regulations listed below which give practical guidance to employers and others on the elimination of discrimination and the promotion of equality of opportunity in employment? Note: If you are not currently subject to UK legislation please supply details of your experience in complying with equivalent legislation that is designed to eliminate.

3 Is there a minimum standard expected of my company? The Common Standard for Equalities in Public Procurement requires service providers to demonstrate that they comply with equality in employment legislation. The levels of the standard become more demanding dependent upon employee levels sole traders and firms employing less than 5 employees face minimum requirements, whilst firms employing 50 or more staff need to meet more comprehensive criteria. LESS THAN 5 EMPLOYEES Firms with fewer than 5 directly employed persons must provide a written assurance that the appropriate level of the Standard will be achieved following any recruitment which increases the size of the firm to 5 or more employees. LEVEL 1 (5 to 49 EMPLOYEES) All firms with between 5 and 49 employees must achieve criteria 1-4 listed below. 1. All firms must provide an equal opportunities policy in respect of race, gender and disability that covers at least: a. Recruitment, selection, training, promotion, discipline and dismissal. b. Discrimination, harassment, and victimization, making it clear that these are disciplinary offences within the firm. c. Identification of the senior position with responsibility for the policy and its effective implementation. d. How you communicate the policy to your employees. 2. Effective implementation of the policy in the firm s recruitment practices, to include open recruitment methods such as the use of job centers, careers service or press advertisements. 3. Regular reviews of the policy. 4. Regular monitoring of the numbers of job applicants from different gender, disability and ethnic groups. LEVEL 2 (50 OR MORE EMPLOYEES All firms with 50 or more employees must achieve criteria 1 4 in Level 1 and the additional criteria 5 10 listed below. 5. Provide written instructions to managers and supervisors on equality in recruitment, selection, training, promotion, discipline and dismissal of employees. 6. Provide equality training for managers and any employees responsible for recruitment and selection.

4 7. In addition to criterion 4 (Level1) carry out monitoring on the number of employees from different gender, disability and ethnic groups by grade when: a. In post b. Applying for posts c. Taking up training and development opportunities d. Promoted e. Transferred f. Disciplined and dismissed g. Leaving employment 8. If monitoring reveals under-representation of the groups listed in 7 above to take steps including positive action to address any imbalances. 9. Regular reporting and consultation on equality issues within the workforce. 10. Mention in the firm s recruitment advertisements and publicity literature that equal opportunities practices are in place. We do not have a written equal opportunities policy. Does this mean we will not be selected as supplier? The Borough Council s approach is to encourage potential suppliers to demonstrate a commitment to equality in terms of meeting customer needs and employment practices. We recognise that small firms may not have a formal written equal opportunities policy, although other companies who may have a formal policy may not refer to it in recruitment advertisements. This will not automatically exclude them from selection. We will work with companies to help them develop an equalities policy or they can sign up to the Council s Comprehensive Equality Policy.

5 Contract Clauses How will this effect the clauses included in contracts? The following standard clause covering equalities will be included in all contracts for services. The contract clause covers both contractors and sub contractors and their obligations under current UK legislation covering race, gender and disability. Standard Contract Clause Throughout the duration of this Agreement the Contractor shall, and in addition shall ensure that its Sub Contractors shall:- discharge their obligations under this Agreement and [supply the Goods / Works and perform Services] in accordance with their responsibilities under the provisions of the: Equal Pay Act 1970 (Amended 2003) Sex Discrimination Act 1975, 1986 & 2005 Sex Discrimination (Gender Reassignment) Regulations 1999 Race Relations Act 1976 (Amended 2003) Disability Discrimination Act 1995 and 2005 Human Rights Act 1998 Civil Partnership Act 2004 Equality Act 2006 Employment Regulations Employment Regulations (Sexual Orientation) Regulations 2003 Employment Regulations (Religion/Faith/Belief) Regulations 2003 Employment Regulations (Age) Regulations 2006 and shall in addition discharge it s obligations under this Agreement and provide the services in a manner consistent with Council s policies on Equal Opportunities Will additional equality clauses also be included in the contract? Additional clauses relating to equality of opportunity in relation to service delivery will also be included, where for example the service is being provided to certain target groups. There may also be requirements for recruitment of local people built into the contract.

6 Requirements for Contractors As well as having to answer the 6 questions at pre-qualification companies will be required to submit a copy of their Equal Opportunities Policy, and example documents showing how this policy is applied in practice e.g. advertisements, leaflets, etc. When appointed as a supplier to the Council companies will be required to complete a monitoring form to the Level appropriate to the size of company as described above. The Council will then assess the information provided and will provide feedback to companies about where they fall short of the Common Standard. The Common Standard provides for Councils to liaise and work with companies to achieve a satisfactory response if this is not first achieved. Where the firm is unwilling or unable to provide a satisfactory response, they area advised they are advised of breach of contract and the possible consequence of not being considered for future contracts within a period of 2 years. Full details about the Common Standard for Equalities in Public Procurement can be obtained from Useful Advice can be obtained from the Equality and Human Rights Commission Contact Details procurement@chelmsford.gov.uk Telephone Fax Post Procurement, The Civic Centre, Duke Street, Chelmsford, Essex, CM1 1JE Internet

7 COMMON STANDARD ASSESSMENT QUESTIONS 1. Has your Equality in Employment Policy been assessed by any local authority that is a member of Common Standard for Equalities in Public Procurement. If your answer is please provide a copy of the letter of confirmation. If your answer is and you employ less than 5 Employees please complete the declaration at point 3 below. If your answer is and you employ 5 or more employees please provide a copy of your Equality in Employment Policy (Equal Opportunities Policy). 2. Please confirm the number of permanent staff (include Directors, Partners, etc) 3. Declaration Less than 5 employees On behalf of the applicant company, I confirm that every effort will be made to achieve the appropriate level of the Common Standard in the event of an increase in employees within the company which increases the number of permanent staff to 5 or more. Name: Signed: Position in Company: Dated: 4. Post Contract Monitoring Your firm may be subject to post-contract monitoring in respect of the Equalities Standard were you to win a contract. 5. The Six Approved questions The Local Government Act 1988 authorised local authorities to ask potential service providers six approved questions about racial equality in employment. These six questions are now used to include all areas of equality and are the basis of the prequalification questions used by authorities using the Common Standard for Equalities in Public Procurement. Answers to the question are checked against the Common Standard levels. Suppliers are required to demonstrate compliance with equality in employment legislation and compliance with the Common Standard through their answers to the following questions and by providing supporting evidence. a. Is it your policy as an employer to comply with your statutory obligations to employees and applicants for employment under the Acts of Parliament listed below?

8 b. In the last three years has any finding of unlawful discrimination or other breach of these laws been made against your organisation by any court or employment tribunal? c. In the last three has your organisation been the subject of formal investigation by any of the statutory equality commissions on grounds of alleged unlawful discrimination. d. If you answered yes to question b or, in relation to question c a commission made a finding adverse to your organisation what steps did you take to address that finding? e. Is your policy on equal opportunities at work set out: (i) In instructions to those concerned with recruitment, training and promotion? (ii) In documents available to employees, recognised trade unions or other representative groups of employees? (iii) In recruitment advertisements or other literature? f. Do you observe as far as possible the regulations listed below which give practical guidance to employers and others on the elimination of discrimination and the promotion of equality of opportunity in employment? Acts of Parliament Yes No Regulations Yes No Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Race Relations (Amendment) Act 2000 Disability Discrimination Act 1995 Disability Discrimination Act 2005 Human Rights Act 1998 Civil Partnership Act 2004 Equality Act 2006 Disability Discrimination Act (Amendment) Regulations 2003 Employment Equality (Religion & Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 200 Employment Equality (Sex Discrimination) Regulations 200 Employment Equality (Age) Regulations 2006 Race Relations Act 1976 (Amendment) Regulations 2003 Sex Discrimination (Gender Reassignment) Regulations 1999

9 6. Company Ownership The Equality and Human Rights Commission defines an ethnic minority as anyone who defines themselves as being in any of the Census 2001 categories other than White British. An ethnic minority business is defined as a business at least 51% owned by members of one or more ethnic minority group. Your answers to the following questions are voluntary and will be used for statistical purposes only. a. Is your organisation an ethnic minority business according to the definition above No Don t know or public-quoted company b. What is the gender of the person(s) who has majority control? Male Female c. Does the person(s) who has a majority control consider they have a disability d. Please tick the appropriate box below to show the ethnic group (or groups) that best describe the ownership of the organisation WHITE (01) British (02) Irish (09) Any other white background (please write in) MIXED (10) White and Black Caribbean (11) White and Black African (12) White and Asian (19) Any other mixed background (please write in) ASIAN OR ASIAN BRITISH (20) Indian (21) Pakistani (22) Bangladeshi (29) Any other Asian background (please write in) BLACK OR BLACK BRITISH (30) Caribbean (31) African (39) Any other black background (please write in) CHINESE OR OTHER ETHNIC GROUP (40) Chinese (49) Any other background (please write in) Not Coded