Equality and Diversity Policy

Equality and Diversity Policy

 

Date approved:	March 2024
Review period:	2 years
Date of next review:	March 2026
Owner:	Chief Operating Officer
Approval:	Now Teach Board
Scope:	All Now Teach employees, Trustees and sub-committee members

Disclaimer:

This Policy document has been prepared by Now Teach and is based on information available as of the date above.  No representation or warranty as to the accuracy or completeness of any information contained herein is given by or on behalf of Now Teach or any of its personnel and no liability whatsoever (whether direct, indirect, incidental, special, consequential, punitive or otherwise) is accepted for any loss arising from any use of such information. The information contained herein does not purport to be complete and is subject (in whole or in part) to updating, completion, revision, amendment, and verification.  Where policy and procedures set out in this document conflict with policy and procedures set out in any other Now Teach document(s), Now Teach shall determine which is the most appropriate policy and procedures to apply in the circumstances, subject to any rights of appeal which may be available to any person.  

Now Teach is registered in England and Wales as a company limited by guarantee (Registered Office: 4 Bloomsbury Square, London, WC1A 2RP; Company Registration No: 11872096).  Now Teach is also registered in England and Wales as a charity (Registered Office: 4 Bloomsbury Square, London, WC1A 2RP; Charity Registration No: 1189146).

1. Introduction
   • We are committed to encouraging and promoting equality, diversity and inclusion for all staff, job applicants, consultants, cohort members, partners, volunteers and trustees and eliminating unlawful discrimination. We aim to create a working environment in which all individuals are able to make best use of their skills, free from discrimination or harassment, and in which all decisions are based on merit.
   • Everyone associated with Now Teach will receive equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (Protected Characteristics).
   • The principles of non-discrimination and equality of opportunity also apply to the way in which staff treat visitors, clients, customers, suppliers and former staff members.
   • All staff have a duty to act in accordance with this policy and treat colleagues with dignity and respect at all times, and not to discriminate against or harass other members of staff, regardless of their status.
   • This policy does not form part of any employee’s contract of employment and may be amended at any time. We may also vary elements, such as any time limits, as appropriate in any case. Employees will be notified of any amendments or variations.

2. Who is covered by this policy?

2.1  This policy applies to all employees, directors and other officers, workers and agency workers, volunteers and interns.

2.2  We also require in any contracts with self-employed consultants or contractors that they comply with this policy. We will ensure they are given access to a copy.

2.3  All individuals covered in sections 2.1 and 2.2 are referred to as ‘staff’ in this policy.

3. Scope
   • This policy sets out our approach to equality, diversity and inclusion, and the avoidance of discrimination at work. It applies to all aspects of employment with us, including job advertisements, recruitment and selection, training and development, opportunities for promotion, conditions of service, pay and benefits, conduct at work, disciplinary and grievance procedures, and termination of employment.
   • This policy also applies to service delivery, including the recruitment and support of Now Teachers.
   • This policy will be of particular relevance to line managers and other employees concerned with recruitment, training and promotion procedures, as well as employment decisions that affect others.
   • We will take appropriate steps to accommodate the requirements of different religions, cultures, and domestic responsibilities across all our work.
   • The following protected characteristics are defined as per the most recent Acas guidance. In particular, this applies in ensuring no unfair treatment on the following grounds*:
     • Age
     • Disability
     • Gender reassignment
     • Marriage and civil partnership
     • Pregnancy and maternity
     • Race
     • Religion and belief
     • Sex
     • Sexual orientation

* see Appendix 1 for definitions

4. Forms of discrimination

4.1. You must not unlawfully discriminate against or harass other people including current and former staff, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts),), and on work-related trips or events, or when representing Now Teach, including at social events.

4.2.  The following forms of discrimination are prohibited under this policy and are unlawful.

Direct discrimination: this means treating someone less favorably because of one or more of the Protected Characteristics set out in section 1.2. For example, rejecting a job applicant because of their religious views, or making an offensive comment about a colleague because they are transgender.

Indirect discrimination: this means a provision, criterion or practice that applies to everyone but adversely affects people with a Protected Characteristic more than others, and is not justified. For example, a requirement to work full-time puts women at a particular disadvantage because they generally have greater childcare commitments than men. Such a requirement would be discriminatory unless it can be objectively justified.

Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Victimisation: this means retaliation against someone who has complained or has supported someone else’s complaint about discrimination or harassment. 

Disability discrimination: this can include direct and indirect discrimination, and means any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

5. Legal enactments
   • This policy statement is underpinned by the provisions of the following:
   • European legislation
     • Equal Pay Directive (1975)
     • Equal Treatment Directive (1976)
     • Part-time Work Directive (1997)
     • Fixed term Work Directive (1999)
     • Race and Ethnicity Directive (2000)
     • Equal Treatment Framework Directive (2000)
     • Equal Treatment (Amendment) Directive (2002)
   • United Kingdom Legislation
     • Equality Act (2010)
     • Employment Rights Act (1996)
     • Gender Reassignment Regulations (1999)
     • Part-time Workers Regulations (2000)
     • Employment Act (2002)
     • Fixed-time Employees Regulations (2002)
     • Work and Families Act (2006)
     • Employment Relations Act (2004)

6. Public Sector Equality Duty
   • The Equality Act 2010, came into force April 2011 – “public authorities are required, in carrying out their functions, to have due regard to achieve objectives set out under the Equality Act 2010”. 
   • In line with the Public Sector Equality Duty, Now Teach has due regard for:
     • Eliminating unlawful discrimination, harassment, victimisation, and any other conduct prohibited by the Equality Act.
     • Advancing equality of opportunity between people who share a protected characteristic and people who do not share it.
     • Fostering good relations between people who share a protected characteristic and people who do not share it.
   • Now Teach consciously considers equality factors in decisions of policy and process.

7. Roles and responsibilities
   • It is Now Teach’s responsibility to:
     • Monitor the effectiveness of this policy.
     • Implement the policy statement in all areas, including recruitment of staff and cohort members.
     • Ensure all employees receive appropriate and relevant continuous professional development.
     • Actively challenge and take appropriate action in any cases of discriminatory practice
     • Deal with any reported incidents of harassment or bullying.
     • Ensure that any third parties working with Now Teach are aware of and comply with this statement.
     • Maintain transparency, and fair, consistent, and objective procedures for matters relating to recruitment.
   • It is each manager’s responsibility to:
     • Support the implementation of this policy
     • Manage their employees in a way which is consistent with this policy.
     • Set a good example and ensure all employees and third parties understand the standards expected from them.
     • Implement HR and recruitment policies and procedures in line with this policy
   • Every employee is responsible for:
     • Adhering to the principles in this policy.
     • Promoting equality and good relations and not discriminate on the grounds of any protected characteristics.
     • Setting a good example.
     • Being vigilant in all of the workplace for any type of harassment and bullying, raising concerns appropriately.
   • All third parties (e.g. agency workers/contract workers etc) are responsible for:
     • Adhering to the principles in this policy.
     • Promoting equality and good relations and not discriminate on the grounds of any protected characteristics.

8. Disabilities and other health conditions
   • If you have a disability or other health condition, we encourage you to tell us about your condition so that we can support you as appropriate.
   • If you experience difficulties at work because of your disability or other health condition, you may wish to contact your manager to discuss any reasonable adjustments that would help overcome or minimise the difficulty. Your manager may wish to consult with you and your medical adviser(s) about possible adjustments. We will consider the matter carefully and try to accommodate your needs, within reason. If we consider a particular adjustment would not be reasonable, we will explain our reasons and try to find an alternative solution, where possible.
9. Complaints
   • Now Teach will not tolerate any form of discrimination, harassment or bullying by or against employees.
   • Any employee who raises a complaint against any grounds set out in this policy should do so in line with Now Teach’s Grievances Policy.
   • Any external candidate or applicant who raises a complaint against any grounds set out in this policy should do so in line with Now Teach’s Complaints Policy.
   • Any third party (e.g. agency workers/visitors/contract workers etc) who raises a complaint against any grounds set out in this policy should do so in line with Now Teach’s Complaints Policy.
   • All complaints will be dealt with seriously and promptly.
   • Allegations regarding potential breaches of this policy will be treated in confidence. Any individuals who make allegations in good faith will not be treated less favourably as a result.

10. Monitoring of equality and diversity
    • To ensure that this policy is operating effectively, and to identify groups that may be underrepresented or disadvantaged in our organisation, we may monitor a number of characteristics of our workforce, job applicants and Now Teachers as part of the recruitment procedure and our commitments set out in this policy. The characteristics monitored may include:
      • ethnic group,
      • gender,
      • disability or other health condition,
      • sexual orientation,
      • religion and belief,
      • age,
      • marital or civil partnership status,
      • working pattern preferences, such as part-time or flexible working, and
      • caring responsibilities.

Provision of this information is voluntary, and it will not adversely affect an individual’s chances of recruitment or any other decision related to their employment or entry to our programme.

Where requested, this information will be removed from applications before shortlisting, and kept in an anonymised format solely for the purposes stated in this policy. Analysing this data helps us take appropriate steps to avoid discrimination and improve equality and diversity.

• HR policies and procedures will be reviewed against this policy statement to ensure that they reflect Now Teach’s commitment to equality and diversity in the workplace.
• By monitoring the various areas above Now Teach can check and review whether current recruitment, promotion, training, pay progression, capability, disciplinary, absence management, dismissal and general employment practices are reaching and protecting the full range of possible candidates and help to guard employees against any potential for discrimination.

11. Occupational requirement
    • Under current legislation, any job may be restricted to a particular characteristic if the characteristic is an ‘occupational requirement’ for the job, or for the context within which it is carried out. However, the context for which this applies are very limited and would be exceptional in Now Teach. Advice should be sought from the HR provider via the COO.

12. Positive action
    • In recruitment and promotion decisions, where candidates are “as qualified as” each other, i.e. in a tie break situation, Now Teach may take into account a candidate’s particular protected characteristic.
    • Now Teach will only use these measures where it reasonably thinks that persons who share a protected characteristic either suffer a disadvantage connected to the protected characteristic or have disproportionately low participation in an activity.
    • Now Teach considers the abilities, merits, and qualifications of all the candidates in each recruitment or promotion exercise and will not automatically treat individuals who share a protected characteristic more favourably.

Appendix 1: Equality Act (2010) definitions of protected characteristics

Age: Where this is referred to, it refers to a person belonging to a particular age (for example 32-year-olds) or range of ages (for example 18- to 30-year-olds)

Disability: A person has a disability if she or he has a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.

Gender reassignment: A person is proposing to undergo, is undergoing, or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.

Marriage and civil partnership: Marriage and civil partnership means someone who is legally married or in a civil partnership. Civil partnership is between partners of the same sex.

Pregnancy and maternity: Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Race: Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship), ethnic or national origins.

Religion: Religion has the meaning usually given to it, but belief includes religious and philosophical beliefs including lack of belief (such as Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition.

Sex: A man or a woman.

Sexual orientation: A person’s sexual orientation towards people of the same sex (lesbians and gay men), towards people of the opposite sex (heterosexual) or towards people of the same sex and the opposite sex (bisexual).er