Equal Opportunities and Diversity Policy
1.
GENERAL
1.1 Mach
Recruitment Limited embraces diversity and will seek to promote the benefits of
diversity in all of our business activities. We will seek to develop a business
culture that reflects that belief. We will seek to widen the media in which we
recruit to ensure as diverse an employee and candidate base as possible. We
will strive to make sure that our clients meet their own diversity targets.
1.2 Mach Recruitment
Limited is committed to diversity and will promote diversity for all employees,
workers and applicants and shall adhere to such a policy at all times. We will
review on an on-going basis all aspects of recruitment to avoid unlawful or
undesirable discrimination. Mach Recruitment Limited will treat everyone
equally irrespective of sex, sexual orientation, gender reassignment, marital
or civil partnership status, age, disability, colour, race, nationality, ethnic
or national origin, religion or belief, political beliefs or membership or
non-membership of a Trade Union or spent convictions, and places an obligation
upon all staff to respect and act in accordance with the policy. Mach
Recruitment Limited is committed to providing training for its entire staff in
equal opportunities practice.
1.3 Mach Recruitment Limited shall
not discriminate unlawfully when deciding which candidate/temporary worker is
submitted for a vacancy or assignment, or in any terms of employment or terms
of engagement for temporary workers. Mach Recruitment Limited will ensure that
each candidate is assessed only in accordance with the candidate’s merits,
qualifications and abilities to perform the relevant duties required by the
particular vacancy.
1.4 Mach Recruitment
Limited will not accept instructions from clients that indicate an intention to
discriminate unlawfully.
2.
DISCRIMINATION
Unlawful discrimination occurs in
the following circumstances:
2.1.Direct discrimination
Direct
discrimination occurs where one individual treats or would treat another
individual less favourably on grounds of sex, sexual orientation, gender
reassignment, marital or civil partnership, age, disability, colour, race,
nationality, ethnic or national origin, religion or belief, political beliefs
("the protected categories").
It is unlawful for
a recruitment consultancy to discriminate against a person on the grounds of a
protected category:
- in the terms on which the recruitment consultancy offers to provide any of its services;
- by refusing or deliberately omitting to provide any of its services;
- in the way it provides any of its services.
Direct
discrimination would also occur if a recruitment consultancy accepted and acted
upon a job registration from an employer which states that certain persons are
unacceptable due to a protected category, unless one of the exceptions applies,
for instance, the job demands a genuine occupational requirement or in the case
of age, the discrimination can be lawfully justified.
2.2.Indirect Discrimination
Indirect
discrimination occurs where an agency or employer applies a provision,
criterion or practice generally, which disadvantages a minority group in the
community on the basis of a protected category.
Indirect discrimination would also
occur if a recruitment consultant accepted and acted upon an indirectly discriminatory
instruction from an employer.
If the vacancy requires
characteristics which amount to a genuine occupational requirement or the
instruction is lawfully discriminatory due to a statutory exception or
objective justification, Mach Recruitment Limited will not deal further with
the vacancy unless the client provides written confirmation of such genuine
occupational requirement, exception or justification.
2.3 DISABLED
PERSONS
2.3.1
Direct Discrimination
Direct
discrimination against a person occurs where, if for a reason which relates to
the disabled person's disability, an individual:
- treats him less favourably than he treats, or would treat others to whom that reason does not or would not apply
- the employer cannot show that the treatment in question is justified.
Or
- If on the ground of a disabled person?s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability, whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person. This type of direct discrimination can never be justified.
2.3.2 Duty to make reasonable adjustments and to
provide auxiliary aids and services
This is a similar
protection to indirect discrimination in the other protected categories.
Where a provision,
criterion or practice applied by or on behalf of an employer, or any physical
feature of the employer's premises, places a disabled person at a substantial
disadvantage in comparison with persons who are not disabled, it will be the
duty of an employer to take such steps as are reasonable, in all the
circumstances of the case, to remove the provision, criterion, practice or
physical feature.
Agencies must take reasonable
steps to provide auxiliary aids or services if this would make it easier for
the disabled person to use their services. For instance, an appropriate
auxiliary aid or service can include the provision of information on audiotape
or provision of a sign language interpreter.
Mach Recruitment
Limited will not discriminate against a disabled person on the grounds of
disability
- in the arrangements i.e. application form, interview or arrangements for selection for determining to whom a job should be offered; or
- in the terms on which employment or engagement of temporary workers is offered; or
- by refusing to offer, or deliberately not offering the disabled person a job for reasons connected with their disability; or
- in the opportunities afforded to the person for receiving any benefit, or by refusing to afford, or deliberately not affording him or her any such opportunity; or
- by subjecting him or her to any other detriment (detriment will include refusal of training or transfer, demotion, reduction of wage, or harassment).
Mach Recruitment Limited will accordingly
make career opportunities available to all people with disabilities and every
practical effort will be made to provide for the needs of staff, candidates and
clients.
Wherever possible Mach Recruitment
Limited will make reasonable adjustments to hallways, passages and doors in
order to provide and improve means of access for disabled employees and
workers. However, this may not always be feasible, due to circumstances
creating such difficulties as to render such adjustments as being beyond what
is reasonable in all the circumstances.
3. AGE
DISCRIMINATION
Mach Recruitment
Limited will not discriminate directly or indirectly, harass or victimise any
person on the grounds of their age. We will encourage clients not to include
any age criteria in job specifications and every attempt will be made to
persuade clients to recruit on the basis of competence and skills and not age.
Mach
Recruitment Limited is committed to recruiting and retaining employees whose
skills, experience, and attitude are suitable for the requirements of the
various positions regardless of age.
No age requirements will be stated in any job
advertisements on behalf of the company.
Mach Recruitment
Limited will request age as part of its recruitment process but such
information will not be used as selection, training or promotion criteria or in
any detrimental way and is only for compilation of personal data, which the
company holds on all employees and workers and as part of its equal
opportunities monitoring process.
4. PART-TIME WORKER
This Diversity
Policy also covers the treatment of those employees and workers who work on a
part-time basis, Mach Recruitment Limited recognises that it is an essential
part of this policy that part time employees are treated on the same terms,
with no detriment, as full time employees (albeit on a pro rata basis) in
matters such as rates of pay, holiday entitlement, maternity leave, parental
and domestic incident leave and access to our pension scheme. Mach Recruitment Limited also recognises that
part time employees must be treated the same as full time employees in relation
to training and redundancy situations.
5
HARASSMENT POLICY
5.1 Mach
Recruitment Limited is committed to providing a work
environment free from unlawful harassment on grounds of sex, sexual
orientation, gender reassignment, marital or civil partnership status, age,
disability, colour, race, nationality, ethnic or
national origin, religion or belief, political beliefs or any other basis
protected by legislation is unlawful and will not be tolerated by [Recruitment
Company].
5.2 This policy
prohibits unlawful harassment by any employee or worker of Mach Recruitment
Limited.
5.3 Examples of
prohibited harassment are: -
5.3.1 Verbal or
written conduct containing derogatory jokes or comments,
5.3.2 Slurs or
unwanted sexual advances
5.3.3 Visual
conduct such as derogatory or sexually orientated posters,
5.3.4 Photographs,
cartoons, drawings or gestures which some may find offensive,
5.3.5 Physical
conduct such as assault, unwanted touching, or any interference because of sex,
race or any other protected category basis,
5.3.6 Threats and
demands to submit to sexual requests as a condition of continued employment or
to avoid some other loss, and offers of employment benefits in return for
sexual favours
5.3.7 Retaliation
for having reported or threatened to report harassment.
5.4
If you believe that you have been unlawfully harassed, you should make an
immediate report to Tom Zyzak followed by a written complaint as soon as possible
after the incident. Your complaint should include:
- Details of the incident
- Name(s) of the individual(s) involved
- Name(s) of any witness(es)
5.5
Mach Recruitment Limited
will undertake a thorough investigation of the allegations. If it
is concluded that unlawful harassment has occurred, remedial action will be
taken.
5.6
Any employee(s) who Mach Recruitment Limited finds to be responsible for
unlawful harassment will be subject to the disciplinary procedure and any
sanction may include termination. A person who discriminates or harasses may be
personally liable for payment of compensation to the person offended, in
addition to any compensation payable by Mach Recruitment Limited. There is no
statutory cap on the amount of compensation which may be awarded in
discrimination cases. Under the Criminal Justice Act 1994, harassment became a
criminal offence, punishable by a fine of up to 5,000 pounds and/or a prison term of
up to 6 months. Under the Protection from Harassment Act 1997, the penalties
for aggravated harassment are an unlimited fine and/or 5 years imprisonment.
6.
GENDER REASSIGNMENT POLICY
6.1 Mach
Recruitment Limited recognises that any employee or worker may wish to change
their gender during the course of their employment with the Company.
6.2 Mach
Recruitment Limited will support any employee or worker through the
reassignment provided that full medical counselling has been undertaken and
[Recruitment Company] has access to any relevant medical reports.
6. Mach Recruitment
Limited will make every effort to try to protect an employee or worker who has
undergone, is undergoing or intends to undergo gender reassignment, from
discrimination or harassment within the workplace.
6.4 All employees
and workers will be expected to comply with Mach Recruitment Limited policy on
harassment in the workplace. Any breach of such a policy will lead to the
appropriate disciplinary sanction.
6.5 Where an
employee is engaged in work where the gender change imposes genuine problems
Mach Recruitment Limited will make every effort to reassign the employee or
worker to an alternative role in the Company, if so desired by the employee.
6.6
Any
employee or worker suffering discrimination on the grounds of gender
reassignment should make recourse to the Company’s grievance procedure.
7. COMPLAINTS
AND MONITORING PROCEDURES
7.1 Mach Recruitment Limited has in place procedures for monitoring compliance with
this policy and for dealing with complaints of discrimination. These are
available from our office and will be made available immediately upon request.
7.2 Any
discrimination complaint will be investigated fully.