General statement
Penningtons Solicitors LLP ('the Firm') is committed to being an equal opportunities employer. The Firm recognises and embraces the benefits that derive from a diverse workforce. It makes good business sense for the Firm to ensure that its most important resource, its staff, is treated in a fair, valued and respectful way.
The Firm is committed to eliminating discrimination and providing equal treatment in all practices, policies and procedures in all areas of employment, regardless of race, nationality, colour, ethnicity, sex, marital or civil partner status, gender reassignment, sexual orientation, religion or belief, age, disability or political persuasion.
The Firm is committed to complying with and exceeding the stipulations of Rule 6 of the Solicitors' Code of Conduct 2007, and all current and future anti-discrimination legislation and associated Codes of Practice.
This policy relates to any person employed by the Firm, including all staff, partners, members, and directors. It also dictates the Firm's approach to any person the Firm has dealings with, including: consultants, clients, barristers, job applicants, external providers, suppliers and contractors. At Penningtons we embrace diversity by valuing and respecting difference.
Legislation
It is unlawful to discriminate against individuals either directly or indirectly on the grounds of race, nationality, colour, ethnicity, sex, marital or civil partner status, gender reassignment, sexual orientation, age, or religion or belief.
It is unlawful to directly discriminate against individuals on the grounds of disability. It is also unlawful to treat a disabled person less favourably for a reason that relates to their disability unless the less favourable treatment can be justified. The law also requires employers to make reasonable adjustments to accommodate the needs of a disabled person.
The Equal Pay Act 1970; Race Relations Act 1976; Sex Discrimination Act 1975; Employment Equality (Religion or Belief) Regulations 2003; Employment Equality (Sexual Orientation) Regulations 2003, Civil Partnership Act 2004 and the Employment Equality (Age) Regulations 2006 are the relevant Acts (some of which have been amended by subsequent legislation). Regard must also be had to the Disability Discrimination Act 1995 and 2005.
Whilst we have tried to interpret the legislation as accurately as possible, the relevant statutory provisions prevail over this policy.
Codes of Practice relating to race, sex and disability discrimination have been produced by the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission and have been used as the basis for this policy together with reference to guidelines issued by the Solicitors Regulation Authority. Penningtons is committed to implementing these codes and any future codes of practice.
Forms of discrimination
The following are the kinds of discrimination that are against the Firm's policy:
- Direct discrimination occurs when a person is treated less favourably than another is treated, or would be treated, on grounds of: - race, nationality, ethnicity, colour, sex, marital or civil partner status, gender reassignment, sexual orientation, age (unless it is justified), disability or religion or belief. Direct discrimination can also occur when a person is treated less favourably than another is treated, or would be treated on grounds of, or the perception of: - sexual orientation or age (unless it is justified).
- Indirect discrimination occurs when a provision, criterion, practice, requirement or condition is applied across all groups, but which would put members of a particular group at a disadvantage, or has a disproportionately adverse effect on one particular group by reason of: - race, nationality, ethnicity, colour, sex, marital or civil partner status, gender reassignment, sexual orientation, age (unless it is justified) or religion or belief.
- Less favourable treatment, as used in relation to disability discrimination, occurs when a person with a disability is treated in a detrimental way in circumstances when a person without that disability would not be so treated.
- Harassment occurs when there is unwanted conduct relating to or on the grounds of: - race, nationality, ethnicity, colour, sex, marital or civil partner status, gender reassignment, sexual orientation, age, religion or belief or disability, which has the purpose of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person, or is considered or perceived by that person to have the effect of violating a person's dignity on the aforementioned grounds or of creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual, even if this effect was not intended by the person responsible for the conduct. Harassment may involve physical acts or verbal and non-verbal communications and gestures.
- Failure To Make Reasonable Adjustments occurs when steps are not taken to make reasonable adjustments, in all arrangements and practices, to prevent a person with a disability being put at a substantial disadvantage, when compared with a person without a disability.
- Victimisation occurs where someone is treated less favourably than others because he or she has alleged unlawful discrimination or supported an individual to make a complaint, or give evidence in relation to a complaint.
- It is also unlawful to treat a woman less favourably than others because she is pregnant or exercising her right to maternity leave, or to treat an employee less favourably because he or she is exercising the right to take paternity leave. The law treats less favourable treatment on account of pregnancy as being the same as less favourable treatment on grounds of sex.
Equal oppportunities in employment
The Firm prohibits unlawful discrimination and will provide equal opportunities in all aspects of employment including, but not limited to; recruitment, promotion, opportunities for training, pay and benefits, terms of employment, discipline and selection for redundancy. Candidates for employment or promotion will be assessed objectively against the requirements for the position, taking account of any reasonable adjustments that may be required for candidates with a disability.
Recruitment and promotion processes
During its recruitment and promotion processes the Firm will take steps to ensure that applications are attracted from a diverse range of people, regardless of race; nationality, colour, ethnicity, sex, marital or civil partner status, gender reassignment, sexual orientation, religion or belief, age or disability.
All advertising literature will reflect Penningtons commitment to equal opportunities within recruitment and employment. Where employment agencies or third parties are used to recruit employees, they shall be informed that Penningtons is an equal opportunities employer and shall be asked to abide by the firm's policies on equal opportunities. They will also be provided with a copy of this policy.
Reasonable adjustments will be considered throughout all stages of the recruitment and promotion processes so as not to disadvantage those with disabilities. When considering a disabled candidate's suitability for a position, they will be assessed on the assumption that any reasonable adjustments have been made or will be made.
Selection procedures and criteria will be fair, appropriate and objective. Each candidate will be assessed according to their merits and their capabilities to carry out the job. Any criteria which disadvantages certain protected groups will be included only when justifiable and necessary with regards to the job to be done.
Dealings with third parties
Where the Firm instructs or utilises the services of agencies, contractors or sub contractors, they shall where appropriate, be informed that the Firm is an equal opportunities employer and shall be asked to abide by the firm's policies on diversity and equal opportunities. They will also be provided with a copy of this policy on request.
Barristers
Penningtons will engage barristers on the suitability of the person to do the work required. The decision to instruct or not to instruct a barrister will not be based upon race, colour, ethnic or national origins, sex, marital status, sexual orientation, religion or belief, age or disability.
Clients
Penningtons is generally free to decide whether to accept instructions from any particular client, but any refusal to act will not be based upon race, colour, ethnic or national origins, sex, marital status, sexual orientation, religion or belief, age or disability.
All dealings
Penningtons will deal with all persons with the same attention, courtesy and consideration, regardless of race, colour, ethnic or national origins, sex, marital status, sexual orientation, religion or belief, age or disability.
Every employee and partner is required to assist Penningtons in meeting its commitments to provide equal opportunities in all aspects of employment and prevent / avoid unlawful discrimination.
Employees can be held personally liable as well as, or instead of, Penningtons for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.
The Firm is also committed to protecting its employees and partners from discrimination by third parties. Any employee or partner who has concerns about the conduct of clients or other persons outside the firm towards him or her in the course of employment should speak to the Office Managing Partner.
Disciplinary and grievance procedures
The Firm will not tolerate discrimination in any form and any acts of discrimination; less favourable treatment, failure to make reasonable adjustments, harassment or victimisation on any prohibited grounds by employees, partners and members of the Firm could result in disciplinary action and may constitute gross misconduct.
This policy applies to all who work and are employed by Penningtons, including partners. Failure to abide by or adhere to this policy may result in disciplinary action being taken.
Any employee who believes that discrimination is taking place, should talk to a member of the HR team in the first instance. Employees may also make a formal complaint by using the Firm's grievance procedures. If the complaint is regarding harassment or bullying, employees may also follow the procedure set out in the Firm's Bullying and Harassment policy.
Any other individual who believes that discrimination is taking place, whether they be contracted to work for the Firm, or with whom the Firm has dealings, should raise any concerns or complaints with a member of the HR team in the first instance.
Monitoring
Penningtons will monitor the race, ethnicity, sex, gender, age, sexual orientation, religion, marital or civil partner status of the existing workforce and of applicants for jobs, including promotion, and the number of people with disabilities within these groups. The Firm will do this through equal opportunities monitoring forms. Monitoring will be done in so far as not to cause offence or discomfort to those it is intended to protect, whilst giving all the option to choose not to reveal or contribute to this information.
The firm will consider and take any appropriate positive action to address any concerns, which may be identified as a result of the monitoring process. Information provided by job applicants and employees for monitoring purposes will only be used for these purposes and will be dealt with in accordance with the Data Protection Act 1998.
Positive action
Although it is unlawful to positively discriminate in favour of certain groups, positive action to enable greater representation of under-represented groups is permitted by law. If appropriate, positive action may be used by Penningtons.
Application
This policy applies to all those working at Penningtons, including agency, casual and freelance staff as well as employees, members and partners. Aspects of this policy may need to be applied in different ways for those who are not employees.
This policy will be monitored periodically by Penningtons to judge its effectiveness. The Human Resources department will be responsible for the operation of the policy. If changes are required, the Human Resources department will implement them and update this policy.
This policy will be published on the Firm's intranet and Internet and will be made available to all third parties.
This policy does not form part of any contract of employment and does not create contractual rights or obligations. It may be amended by Penningtons at any time. If you have any questions relating to equal opportunities and diversity, please contact Rachael Brock on 01256 4071000 or Rachel McCloud on 01483 791800.
January 2008