Equal opportunities
Equal Opportunities Policy
This policy sets out and explains:
- our equal opportunities policy and complaints procedure;
- your responsibility in making sure our policy is upheld;
- what to do if you have any special requirements; and
- the role of our Equal Opportunities Officer and sources of further support.
If, at any time during your employment, you wish to discuss an equal opportunities matter, you are encouraged to contact the Equal Opportunities Officer.
1. Our Policy
What is our policy?
We are totally committed to the principle of equal opportunities and to creating a working environment in which you are treated with dignity and respect, that is free from unlawful discrimination, victimisation or harassment on the grounds of:
- colour, race, nationality or ethnic origin;
- sex, marital status or gender reassignment;
- disability of any kind;
- religion;
- sexual orientation;
- age; and
- trade union or Staff Consultative Committee membership.
Our commitment applies to all aspects of employment including:
- recruitment and job advertisements;
- terms and conditions of employment;
- training, career development and progression;
- grievance and disciplinary procedures; and
- relationships between members of employees.
We take this policy very seriously. A breach of this policy is considered to be gross misconduct,and disciplinary action, one outcome of which is dismissal, will be taken against employees who do not comply with it.
What is discrimination
Broadly, a person has been discriminated against if:
- they have been treated less favourably than another person on any of the grounds set out above; or
- a procedure or practice places a group of employees at a disadvantage on any of the above grounds; or
- they have a disability and a reasonable steps have not been taken to meet their needs.
What is harassment?
Harassment is unwanted conduct which violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person.
Harassment is unlawful where it is motivated by one of the grounds set out above but we include more general harassment within our definition. Although not exhaustive, the following are examples of types of behaviour that may amount to harassment:
- physical assault;
- physical or verbal abuse;
- threats;
- suggestive comments or gestures;
- offensive gestures, language, gossip or jokes;
- insulting or abusive behaviour or comments;
- isolation or exclusion;
- bullying;
- unreasonable persistent criticism or humiliation;
- unfair allocation of work or responsibilities.
What is sexual harassment?
Sexual harassment is one form of harassment. Generally it involves behaviour towards another, where the perpetrator knows or should know that the behaviour is unwelcome because it is offensive and is perceived to be of a sexual nature.
Although not exhaustive, the following are examples of types of behaviour that may amount to sexual harassment:
- Physical conduct of a sexual nature - unwanted physical conduct, including unnecessary touching, brushing against another employee's body.
- Verbal conduct of a sexual nature - unwelcome sexual advances, continued suggestions of social activity outside work after it has been made clear that this is unwelcome.
- Non-verbal conduct of a sexual nature - the display of sexually suggestive or pornographic pictures or the sending of sexually harassing messages or images through electronic mail.
- Sex-biased conduct - Conduct that denigrates, ridicules, is intimidatory or physically abusive of an employee because of their sex, marital status or sexual orientation.
Sexual harassment by someone of the same sex as the victim also amounts to harassment.
What is victimisation?
Someone is victimised where they suffer unfavourable treatment because they have, in good faith, made a complaint under this policy, acted as a witness or accompanied a complainant to a hearing.
2. Responsibilities
What are my responsibilities as someone who works at the FSA?
It is your obligation to be sensitive about the impact that you have on others and behave in a way that supports our policy when dealing with everyone that you come into contact with as part of your employment with the FSA. Our policy is not designed to discourage normal social relations among colleagues or with the public but aims to prevent discrimination, harassment and victimisation.
Our policy applies not only at
the FSA’s premises but anywhere you are working as part of your
employment with the FSA. This includes any social occasions organised
by the FSA.
You must not instruct or aid someone to carry out an act of discrimination, harassment or victimisation or condone discrimination, harassment or victimisation by others. You must report any incidents to our Equal Opportunities Officer in the HR Division.
What is my responsibility as a line manager?
In addition to the general responsibilities above, it is also your responsibility to make sure that your team are aware of and are complying with this policy.
3. The Complaints Procedure
We aim to resolve any complaints as quickly as possible. All complaints will be treated seriously and confidentially. Only complaints that relate to a breach of this policy should be made using this procedure. Complaints about other matters should be made using our grievance procedures.
What do I do if I am experiencing discrimination, harassment or victimisation?
You should consider whether it is appropriate to raise the matter directly with the person concerned in order to resolve the problem. If it is not, you should speak to your line manager. If you feel unable to discuss the matter with your line manager then you should contact the HR Helpline in the first instance.
You will have a discussion with a member of the HR Division, following which, you will be asked to choose one of the following options:
- agree that no further action is necessary;
- agree to discuss the complaint with the employee who is alleged to have caused offence;
- ask your line manager and/or a member of the HR Division to help to resolve the matter through informal and/or discreet approaches; or
- make a formal written complaint to your line manager or the Employee Relations Manager.
If you are not satisfied with an informal approach, a formal complaint can be made at any stage.
How do I make a formal complaint?
You should make your complaint in writing and sign and date your letter. You should write a new letter to trigger each stage of the process.
- Stage 1 - will be heard by your Head of Department or, if you do not have one, your Director. You will find out the result of your complaint within 15 working days of the receipt of your letter. If you do not feel that it is appropriate for your complaint to be heard within your division, or you feel that your complaint has not been appropriately dealt with you may go to stage 2 of the process.
- Stage 2 - will be heard by the FSA's Equal Opportunities Officer or their nominated representative. You will find out the result of your complaint within 15 working days of the receipt of your letter. If you do not feel that your complaint has been appropriately dealt with you may go to stage 3 of the process.
- Stage 3 - will be heard by the HR Director. You should submit your appeal within 10 working days of the date of the outcome of stage 2. You will find out the result of your complaint within 20 working days of the receipt of your letter. This decision will be final.
Right to be accompanied
You are entitled to be accompanied by a companion. This can be a fellow employee of your choice, who may be a friend, colleague or Staff Consultative Committee representative; please note that the fellow employee should not be a member of the HR Division. Alternatively, you can be accompanied by a full time officer employed by a Trade Union. You may confer with your companion during the course of the meeting, and he/she may address the meeting but may not answer questions on your behalf.
What will happen after I have made my complaint?
Where a formal complaint is made, a full investigation will be conducted.
The first step is to investigate the allegations carefully and as discreetly as possible. This will involve hearing detailed accounts from all parties. Other employees may also be asked to provide information. Documents, e-mail and other evidence may be considered. A full record of the progress and outcome of the investigation and any steps taken will be reported to the complainant. Those conducting the investigation will not be parties directly involved in the allegation.
What will happen if a formal complaint about a person is upheld?
Where a formal investigation has been conducted and where it has been reasonably concluded that some form of discrimination, harassment or victimisation may have taken place, those responsible will be subject to our normal disciplinary procedures. Action will not normally be initiated without the agreement of the complainant but there are some circumstances where the FSA may need to pursue the matter formally. For example, if other people could be at risk if no action is taken.
The outcome of the disciplinary procedures will depend upon the circumstances. Serious acts of discrimination, harassment or victimisation will be regarded as gross misconduct and may lead to instant dismissal. Consideration may be given to redeploying either the discriminator/harasser or the complainant. If redeployment is considered, the wishes of the complainant will normally come first and the complainant will not usually be redeployed if they do not want to be.
Am I protected if I make a complaint, act as a witness or accompany a complainant to a hearing?
Yes. Any acts of retaliation or intimidation against an employee will be treated as a disciplinary offence. Having said this, an employee who maliciously makes an unfounded complaint will be subject to disciplinary action.
What if the complaint is about someone who is not employed by the FSA?
Appropriate action to deal with the problem will be discussed with you.
4. Special Requirements Relating to Equal Opportunities
What is meant by special requirements?
We understand that people's needs at work are different and that some employees may have special requirements. For example, employees of a particular religion may need somewhere quiet to pray during their lunch break, need to take holiday on a particular day for a religious event, or need to have somewhere to store specially prepared foods. Alternatively you may have a disability and may feel that you need to have changes made to your workplace to help you do your job.
We will accommodate your requirements where it is possible and practical for us to do so but we cannot do so unless you let us know. Where you need particular time off, or are requesting a temporary change to your working hours, your line manager is more likely to be able accommodate this if you let them know well in advance.
What should I do if I have any special requirements?
You should discuss your requirements with your line manager. They will seek advice, if they need it, from the HR Helpline. If you feel unable to discuss your request with your line manager, you can raise it directly with the HR Helpline.
5. The Equal Opportunities Officer and Sources of Further Support
What is the role of our Equal Opportunities Officer?
Our Equal Opportunities Officer will, with the assistance and co-operation of senior management, the HR Division and other employees, take steps to ensure universal compliance with this policy. These will include a regular review of the policy, raising awareness of equality issues, monitoring activities and complaints.
Where can I get further support?
We provide an employee assistance programme. This is a confidential, external counselling service provided by BUPA. The helpline number is 0800 269616.