Northampton Borough Council Contents Ambition and Commitment 2 Reflecting Diversity the Northampton Community Strategy 3 Fair Treatment Statement 4 Our Commitment to Provide Services 6 Our Commitment to Job Applicants and Employees 7 Responsibility for the Equality Policy and Implementation 9 Potentially Excluded Groups And Key Areas: 10 Age 10 Poverty 10 Disabled people 10 Ethnic minorities 11 HIV 12 Lesbians, Gay and Bisexual people 13 Religious beliefs 14 Transgender People 14 Women 15 Appendix the Legal Framework for Equalities 17 Page v.1.0-1 - November 2006
Our Ambition Northampton Borough Council is committed to ensure that everyone is fairly and equally treated, irrespective of race, nationality, gender, religion, colour, creed, sexuality, disability or any other determining aspect of their lives. To this aim the council will shape all its services and employment practices to make sure that everyone has the right to live free from discrimination, prejudice and harassment in a town which gives them the best possible environment in which to live and work. Our Commitment As a major service provider and employer in Northampton, this council is committed to equality of opportunity and promoting social inclusion in everything it does. Northampton Borough Council s goal is to provide good quality services, which are appropriate to the needs of communities living in, working in or visiting Northampton. This new document is a revision of our Equal Opportunities Policy first produced in 1996 following the Commission for Racial Equalities publication Equality Means Quality. It has been updated to include recent changes in the law and restates our commitment to tackling social exclusion, inequality, discrimination and disadvantage. It is the intention of Northampton Borough Council to mainstream equalities in the day-to-day delivery of services to our communities. It underpins the Councils commitment to work towards attaining The Equalities Standard in Local Government, which is supported by the Corporate Equalities Plan. Both the Race Equality Scheme and Disability Equality Scheme are incorporated into the Corporate Equality Plan and contribute to the delivery of our vision and commitment. v.1.0-2 - November 2006
Reflecting Diversity The Northampton Community Strategy for 2002 to 2012 Acknowledges that Northampton:...Is increasingly a diverse and multi-cultural town with over 5%* of the population from ethnic minority groups. A theme running through the strategy is the need to celebrate the diverse nature of the town but to also tackle issues of inequality in relation to gender, race, sexuality and disability. The need for equal access to services is particularly important. *This quote is from the Community Strategy based upon the 1991 Census. The 2001 Census details 12.5% non-white British, 8.5% visible ethnic minority. All partners acknowledge and welcome their legal obligations under the Race Relations Act 1976, as amended in 2000. A visible demonstration of the commitment to race equality is the jointly commissioned Race Action Northampton (RAN) project by Northampton Borough Council and the County Council in conjunction with the Northamptonshire Racial Equality Council. This project, provides a complainant aid facility for black and minority ethnic communities living, working or visiting in the borough of Northampton. *This service was established in Northampton in July 2002, and subsequently incorporated into the Northamptonshire Racial Equality Council. In addition the duty placed on all public bodies sets a statutory framework for further progress. The publication of Race Equality Schemes by these bodies locally will complement the work of the Race Equality Project. At the same time the Northampton Multi-Agency Group Against Racist Attack and Harassment (MAGRAH) will continue to work to combat racist incidents through training, awareness raising and collaborative action in specific cases. Northampton Borough Council continues to provide a range of forums for community groups to engage on issues of concern. (Pensioners, Disabled People, Race Equality, Lesbian, Gay and Bisexual People, Youth, Women). In delivering the Northampton Community Strategy there is a particular challenge to balance the needs and expectations of all sections of communities. This will only be achieved by partners and communities working closely together at neighbourhood level. v.1.0-3 - November 2006
FAIR TREATMENT STATEMENT Introduction: We believe: In a fair society that gives everyone an equal and fair chance to live, work and play free from any form of discrimination, harassment and prejudice; That the diversity of our community is an asset that enriches our lives and is to be celebrated; and That everyone has the right to be treated with dignity and respect We Will Not: Tolerate offensive comments, abuse or threatening behaviour in relation to race, nationality, gender, disability, sexuality or religious belief, and will take strong action against any form of discrimination on these or any other inappropriate grounds. a. The council is committed to the equality of opportunities in all its policies and actions to ensure that its employees and the people it serves are not unfairly discriminated against on the basis of their: Age Class Dependent care responsibilities/needs Disability Employment status Ethnic or national origins, nationality, race or colour Gender/Transgender Identity HIV status Marital/family status Religion Belief Sexual Orientation Trade union or any other organisational membership Unrelated criminal convictions Other unjustified grounds v.1.0-4 - November 2006
b. This policy clearly states our commitment to tackling all and any form of unfair discrimination. c. This policy applies to every employee, resident and anyone who provide us with goods or services. d. We will: Use available resources to help those who are disadvantaged Make sure we are a fair and equal employer at all times Strive to ensure that every resident has a good quality of life e. We will carefully review all of our policies, service plans, practices and procedures to ensure they reflect our equality policy. f. We will work in partnership with other organisations and community groups to ensure that we meet the needs of disadvantaged groups, as reflected in the Northampton Community Strategy v.1.0-5 - November 2006
OUR COMMITMENT TO PROVIDE SERVICES We aim to: Provide appropriate, accessible and effective services and facilities to all sections of the community without prejudice or bias. Provide clear information about our services in a variety of formats such as large print, taped information and translated in appropriate community languages. Work closely in partnership with all sections of the community. Make sure all sections of the community are included in key decisions we make by involving them in consultation Encourage and support people to participate in community life. Support the celebrations of a variety of lifestyles and cultures within the Borough Review and monitor all our services on a regular basis Act promptly and professionally to any complaint about our delivery of services. v.1.0-6 - November 2006
OUR COMMITMENT TO JOB APPLICANTS AND EMPLOYEES a. We are committed to making sure that we provide equal opportunities in employment. b. The aim of this policy is to make sure that we do not unfairly discriminate Job Applicants c. We will make sure that we do not discriminate when we decide whom to employ so that the best people are appointed to deliver our services. d. We will only consider applicants for jobs on the basis of their relevant experience, qualifications, skills, competencies and abilities. e. We will aim to create a workforce, which is representative of the population of the borough. Employees f. We will make sure that every employee receives fair and equal treatment. g. We will value and respect the identities and cultures of our employees. h. Our employees will be treated fairly in relation to transfers, redundancy and in the operation of grievance and disciplinary procedures. i. We will make sure the workplace is free from discrimination and harassment and will act promptly on any complaints of discrimination or harassment. j. We will provide a safe work place. k. Wherever possible we will provide a workplace, which is accessible to disabled people. l. Wherever possible we will retain in suitable employment employees who become disabled. m. We will give our employees clear information about selection and training. n. We will ensure access to learning and development, and career development within defined parameters. v.1.0-7 - November 2006
o. We will make sure that we work according to the relevant legislation and statutory codes of practice. p. We will apply our through a framework for recruitment and promotion, training programmes and grievance procedures. q. We will monitor and review our equality policy annually. Implementation We will do the following to make sure that this aspect of the policy is effective: Actively promote this policy. Regularly monitor and review our selection procedures and criteria. Make sure that all employees and job applicants know about this policy. Take appropriate action if any employee does not follow this policy. Provide training and guidance, particularly for personnel staff, line managers and supervisors to make sure that they understand their legal responsibilities. Undertake appropriate positive action initiatives to redress current imbalances with under representative groups. The role of the trade unions We believe that the trade unions are key partners in promoting and helping to ensure adherence to the equality policy and that the involvement, support and participation of employees and their trade unions is essential. v.1.0-8 - November 2006
Responsibility for the Equality Policy and Implementation a. The Senior Corporate Management Team has lead responsibility for implementing and monitoring the and Corporate Equalities Plan. b. The Corporate Equality Steering Group, whose membership is drawn from each Directorate, advises the Senior Corporate Management Team. c. Each Director, through their Corporate Managers and all employees with supervisory responsibility, has departmental and local responsibility for implementing, monitoring and promoting this policy. d. Councillors and Directors have a leadership role in ensuring the Equalities and Diversity Policy principles are enacted. f. Every employee is responsible for putting the policy in place and ensuring that they treat all employees and customers with dignity and respect. f. If an employee does not follow the, and unfairly discriminates or harasses others, this will be treated as a disciplinary offence. Consultation: All developments in equalities policy will be consulted with employees, trade unions and community groups which at a minimum will be via the Equality Steering Group and Northampton Borough Council Community Forums, Local Strategic Partnerships and Area Partnerships. v.1.0-9 - November 2006
POTENTIALLY EXCLUDED GROUPS AND KEY AREAS Age Poverty Disabled people Ethnic minorities HIV Lesbians, Gay and Bisexual people Religious beliefs Transgender People Women a. Age (i) (ii) We are committed to tackling age discrimination, which can affect both young and older people in relation to their applications for jobs and in the provisions of goods and services. We welcome and acknowledge the EU Directive on age. We will make sure that we select applicants for jobs solely on the basis of their relevant experience, qualifications, skills, competencies and abilities. b. Poverty (i) (ii) We aim to improve the quality of life for everyone in the borough by building a sustainable economy, encouraging social cohesion, securing a healthy environment and promoting democratic rights. We will develop anti-poverty initiatives which are designed to increase job opportunities and local skills, maximise incomes and reduce expenditure for low income families and encourage people to help themselves. (iii) We will strive to reduce social barriers to those who are socially and economically excluded. To include all council departments, with public agencies, the voluntary sector and local business to co-ordinate activity, marshal resources and raise funds. c. Disabled people (i) We recognise that disabled people may experience discrimination and prejudice in our society. We also recognise that disabled people are often unable to achieve their full potential and may be held back by negative v.1.0-10 - November 2006
attitudes, as people do not recognise the positive contribution disabled people can make. (ii) We also recognise the social model of disability which states that: Disability arises from the interaction of people with impairment with social, material and organisational barriers. (iii) We will develop policies, procedures and practices to give disabled people fair and equal access to our services, facilities and employment. (iv) (v) (vi) We will make sure our employment procedures are accessible to disabled people. Every aspect of the job will be covered including selection, doing the work, promotion, career development and redundancy or dismissal. We will take steps to raise awareness of line managers and those involved in the recruitment and support of employees to help them assist disabled employees to reach their full potential. We are committed to employing more disabled people and making sure they are fairly represented across all grades and departments within the council. (vii) We will encourage disabled people to apply for jobs in areas where they are under-represented within Northampton Borough Council. (viii) Disabled employees may experience victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for any employee to harass or victimise another. (ix) (x) (xi) We recognise that disabled people may face other forms of discrimination, because for example, of their ethnicity, sexuality or gender. We are committed to improving the quality of life for all disabled people in the Borough and will work with organisations like the Disability Rights Commission and Local Government Association to promote and improve disabled people s rights We will make sure that we take the needs of disabled people into account at all times. d. Black & Minority Ethnic Communities (i) We acknowledge that there will always be discrimination against individuals because of their colour, race, national or ethnic origin and nationality v.1.0-11 - November 2006
(including citizenship). Examples include Black and Asian groups, Refugees, Travellers and the Irish community. (ii) We will actively challenge all forms of racial discrimination. We will develop policies, procedures and practices to give ethnic minorities fair and equal access to our services and job opportunities. (iii) We recognise that to provide the proper level of services to everyone in the borough our workforce needs to reflect the population of the borough at every level. (iv) (v) (vi) We will encourage people from ethnic minorities to apply for jobs in areas where they are under represented. We will make sure that we give all people from ethnic minorities fair and equal access to jobs, promotion and training. Ethnic minority employees may experience victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another. (vii) We recognise that ethnic minority women are often discriminated against because of their ethnicity and sex. Ethnic minority women also often have low paid jobs. We will seek to provide training to ethnic minority women so they can develop to their full potential. (viii) We recognise that ethnic minorities may face other forms of discrimination, because for example, of their sexuality or disability. (ix) (x) We are committed to improving the quality of life for all people from ethnic minorities in the Borough and will work with organisations like the Commission for Racial Equality and Local Government Association to promote and improve ethnic minority people s rights. We will take account of ethnic minority needs, experiences and views in everything we do. e. HIV (i) We are committed to making sure that no employee or potential employee of NBC is discriminated against because they are HIV positive or thought to be HIV positive. v.1.0-12 - November 2006
(ii) Employees living with HIV may experience victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another. (iii) No job applicant or employee will be required to undergo HIV antibody testing. (iv) (v) (vi) Employees with symptomatic HIV and AIDS will be treated in the same way as those with other long-term and progressive illnesses. We will aim to make sure that the services we provide are accessible and appropriate to people living with HIV. We will take full account of their particular needs and requirements. Information gained on the HIV status of employees or service users is confidential and should not be disclosed to anyone without their understanding and permission. f. Lesbians, Gay men and Bisexual People (i) (ii) We recognise that many lesbians and gay men may be discriminated against because of their sexuality and that this may mean they do not get equal access to services and job opportunities. We will work to make sure that we give all lesbian, gay and bisexual employees fair and equal access to jobs, promotion, training and service conditions. We welcome the EU Directive (which came into force in 2003) requiring UK legislation to protect workers from discrimination on the grounds of their sexual orientation. (iii) We will develop policies, procedures and practices which benefit lesbian and gay people and will support lesbian, gay bisexual employees so they can be open about their sexuality. However we recognise the right for Lesbian, Gay and Bisexual employees not to have their sexuality disclosed to others without their permission. Such breaches of confidentiality will be considered disciplinary offences. (iv) Lesbian, gay and bisexual employees may experience victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another. v.1.0-13 - November 2006
(v) (vi) We acknowledge that there are a number of consensual sexual offences used against Gay Men for which there are no heterosexual equivalent. Such criminal offences outside employment will not automatically be prejudicial to an individual s employment. We recognise that lesbians, gay bisexual people may face other forms of discrimination, because for example, of their ethnicity, disability or gender. (vii) We are committed to improving the quality of life of all lesbians, gay and bisexual people in the Borough and we will develop and support campaigns for lesbian and gay rights. Specifically NBC supports the campaign to repeal Section 28 of the Local Government Act 1988. (viii) We will take account of lesbian and gay experiences and views in everything we do. g. Religious beliefs (i) (ii) We respect the fact that everyone has the right to practise their religious beliefs and we will do everything we can to take account of specific religious needs. We welcome and acknowledge the EU Directive on religious beliefs, which came into force in 2003. We recognise discrimination can take place for certain individuals and groups that are not acknowledged within the Race Relations Act 1976. (iii) We acknowledge the importance of employees being aware of the religious calendar and practices of the various faiths represented within the Northampton Community. (iv) (v) We recognise the inherent contradictions within some religious beliefs in relation to the tenets of this Equalities Policy, but encourage those with such beliefs to respect the rights of all individuals to be treated with dignity and respect. We acknowledge the Crime & Disorder Act 1998 paragraph/section, which outlaws discrimination on the grounds of religious beliefs. h. Transgender People (i) We recognise that transgender people may be discriminated against because of their gender reassignment and that this may mean that they do not get equal access to services and job opportunities. v.1.0-14 - November 2006
(ii) We will work to make sure that we give all transgender employees (whether intending to undergo, currently undergoing or having already undergone gender reassignment) fair and equal access to jobs, promotion, training and service conditions as expected by The Sex Discrimination Act (Gender Reassignment) Regulations 1999. (iii) Employees in the process of undergoing gender reassignment, or having undergone gender reassignment may experience victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another. (iv) (v) (vi) We will work positively to raise awareness of the needs and expectations of transgender employees in the workplace and we will respect the gender as presented including the early real life test process. Employees undergoing gender reassignment will be treated in exactly the same way as other employees with regard to their sickness absence from the workplace. We will aim to make sure that the services we provide are accessible and appropriate to transgender people. We will take full account of their particular needs and requirements. i. Women (i) (ii) We acknowledge that women often experience discrimination because of their sex, responsibilities for children and other dependants and their marital status. This means that they may not get equal access to services and job opportunities. We are committed to improving the quality of life of all women in the borough and will develop policies, procedures and practices, which benefit women employees and service users. (iii) We recognise that women may face other forms of discrimination, due for example, to their ethnicity, disability or sexuality. (iv) (v) We will make sure that we give all women fair and equal access to jobs, promotion and training. We are committed to making sure that women are fairly represented within the council and we will encourage them to apply for jobs in areas where they are under-represented. v.1.0-15 - November 2006
(vi) We will make sure that we take particular account of the needs of women employees who have child care and dependant care responsibilities, those in low pay jobs and in non-technical positions. (vii) We will support women taking maternity leave or time off to care for children or other dependants. (viii) Women may experience victimisation or harassment at work. We aim to make sure that the workplace is free from discrimination and harassment and will act promptly if any such incidents occur. It is a disciplinary offence for an employee to harass or victimise another. (ix) (x) We recognise that the work, which women carry out, is often undervalued and we will seek to improve the working conditions of women in low paid jobs. We will develop and support campaigns for women's rights. We will also take account of women's experiences and views in everything we do. v.1.0-16 - November 2006
The Legal Framework for Equalities Appendix Our commitment to securing genuine equality of opportunity is underpinned by the following legislation to eliminate unfair and unlawful discrimination: Equal Pay Act (1970) (as amended by the Equal Pay Act (1970) (Amendment) Regulations (2004)). The purpose of this Act is to prevent discrimination between men and women in the terms of their contracts of employment, including pay. Sex Discrimination Act (1975) It is illegal to discriminate directly or indirectly against men or women in selection for appointment and training. Race Relations Act (1976) It is illegal to discriminate, directly or indirectly, on grounds of colour, race, ethnic or national origin. Disability Discrimination Act (1995) Makes it illegal to discriminate against disabled people in employment, provision of goods and services and buying or renting land or property. Employers and service providers may be required to make reasonable adjustments to overcome physical barriers to access. Protection from Harassment Act (1997) It is an offence for a person to pursue a course of action which amounts to harassment of another individual, and that they know or ought to know amounts to harassment. The definition of harassment under this Act is behaviour, which causes alarm or distress. Human Rights Act (1998) Local authorities are legally required to consider the impact on people s human rights when setting policies and making decisions. Sex Discrimination Act Amendment (1999) Gender Reassignment It is illegal to discriminate against a person who is undergoing or has undergone a gender reassignment in terms of employment and training. Race Relations (Amendment) Act (2000) All public bodies, including local authorities, must eliminate unlawful racial discrimination; promote equality of opportunity; and promote good relations between people of different racial groups. Local authorities have a specific duty of publishing a Race Equality Scheme and monitoring recruitment and training procedures in terms of ethnicity. Freedom of Information Act (2000) The Act introduces a general right of access to information held by a wide range of public bodies with the aim of ensuring that decision making public organisations is open and accountable. v.1.0-17 - November 2006
Employment Act (2002) Amends the Employment Rights Act 1996 (c. 18) to give rights to paternity leave to employees. EU Directive on Employment (Article 13 Amsterdam Treaty) UK Law has been changed to give legal protection against discrimination on the grounds of religion and sexual orientation in employment and training in 2003 (within the Employment Equality (Sexual Orientation) Regulations 2003 and Employment Equality (Religion or Belief) Regulations 2003), and protection against discrimination on grounds of age by 2006. Civil Partnership Act (2004) Gives legal recognition for same sex couples on par with their married counterparts for example in relation to taxes, benefits and tenancy succession. In addition the Act means that gay and lesbian couples are treated the same as cohabiting heterosexual couples with the same above implications. Gender Recognition Act (2004) Allow transsexual (or transgender) people to change their legal gender via their birth certificate giving them full recognition in law. Disability Discrimination Act (2005) Places local authorities under a duty to eliminate discrimination, promote equality of opportunity, positive attitude and participation for disabled people by local authorities. Employment Equality (Sex Discrimination) Regulations (2005) SI no 2467 Will require public authorities to eliminate discrimination and promote equality of opportunity between men and women. Racial and Religious Hatred Act (2006) The act amends the Public Order Act (1986) and creates an offence of stirring up hatred on persons on religious grounds. Religion hatred is defined as hatred against a group of persons defined by reference to a religious belief or lack of religious belief. Equality Act (2006) Encompasses religion and belief as well as sexual orientation, sex disability, race discrimination into UK legislation. The Equalities Commission to encourage public authorities that are now under a duty to promote equality of opportunity to comply with the Human Rights Act 1998. Employment Equality (Age) Regulations 2006 no 1031 In relation to discrimination or victimisation on grounds of age. v.1.0-18 - November 2006