Leven Parish Council
Equality and Diversity Policy
Agreed 2nd July 2024
Review 7th July 2026
Leven Parish Council acknowledges that it has a role in the pursuit of opportunity for all and it seeks to work within the context of the Equality Act 2010.
The Council acknowledges that certain groups and individuals within society are discriminated against and wishes to declare its commitment to working towards equality in employment and via the delivery of its services. In particular, the Council will work to combat discrimination and to ensure that prospective and present employees and residents are not treated less favourably on the following grounds which are the identified Protected Characteristics as identified in the Equality Act.
The Protected Characteristics are:
· Age
· Disability
· Gender Reassignment
· Race
· Religion or Belief
· Sex
· Sexual Orientation
· Marriage and Civil Partnership
· Pregnancy and Maternity.
Age
Individuals of any age or apparent age are protected from discrimination. Less favourable treatment of a person because of age is not lawful. From 6th April 2011, retirement of an employee constitutes age discrimination unless it can be justified as a proportionate means of achieving a legitimate aim. There are some key exemptions: minimum wage levels, benefits of service provisions – such as holiday entitlement and statutory redundancy pay.
Disability
Section 6 and Schedule 1 to the 2010 Act relates – a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities (for example using a telephone, walking, lifting, and reading). An impairment is long-term if:
- It has lasted for at least 12 months,
- It is likely to last for at least twelve months, or it is likely to last for the rest of the life of the person affected.
The Equality Act 2010 (Disability) Regulations 2010 (the 2010 Regulations), issued pursuant to the 2010 Act came into force on 1 October 2010. The 2010 Regulations confirm that those certified as blind, severely sight impaired, partially sighted, or sight impaired by a consultant ophthalmologist will be deemed to have a disability. They also confirm that persons with cancer, HIV infection or multiple sclerosis are deemed to have a disability.
The 2010 Regulations confirm a few exemptions of groups of people who do not fall within the category of disabled. These include, for example, people suffering from an addiction to alcohol or nicotine. Notably pursuant to section 13 (3) of the 2010 Act, if a person (e.g. an employer or a service provider) treats a disabled person more favourably than a non-disabled person, this does not constitute direct discrimination.
The Equality Act 2010 protects disabled persons from discrimination; this includes a duty on employers to make reasonable workplace adjustments to prevent disabled employees and job applicants from being placed at a disadvantage compared to non-disabled people. An example of a reasonable adjustment may be a special type of chair for a disabled employee with a back condition.
The Parish Council, as the Employer, has a duty to make reasonable adjustments but can decline to make adjustments that it considers to be unreasonable.
Gender Reassignment
Re Section 7 of the Act, gender reassignment is a protected characteristic that applies to a transsexual person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) to change their sex (by physiological or other attributes of sex). Section 16 of the 2010 Act provides that it is discrimination against transsexuals to treat them less favourably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment than they would be treated if they were absent because they were ill or injured.
Race Equality
The Parish Council has a general duty to:
- Eliminate unlawful racial discrimination.
- Promote equality of opportunity.
- Promote good race relations between people of different racial groups.
Religion or Belief
Section 10 (1) of the Act refers. It does not make reference to a particular religion but it also relates to a lack of religion. The Act does not mean that people’s faith must be considered so that they can, for example, wear signs of their faith and not be expected to act in contradiction to their beliefs. The beliefs must be:
- Genuinely held.
- A belief not simply a viewpoint or opinion.
- Relevant to weighty and substantial aspect of human life and behaviour.
- Able to attain a certain level of cogency, seriousness, cohesion and importance. Worthy or respect in a democratic society, not incompatible with human dignity and not in conflict with the fundamental rights of others.
Sex
A reference to a person who has a particular protected characteristic is a reference to a man or to a woman. An example is that to discriminate against a breast-feeding woman is unlawful and she could breast-feed in Council meetings.
Sexual Orientation
Section 12 of the Act protects a person’s sexual orientation towards:
- People of the same sex as him or her
- People of the opposite sex from him or her.
- People of both sexes.
Marriage & Civil Partnership
Section 8 of the 2010 Act affords protection to people who have or share the characteristics of being married or being a civil partner. By contrast, a person who is engaged, a divorcee or a person whose civil partnership has been dissolved are not protected under the 2010 Act.
Pregnancy & Maternity
S17 of the Act deals with the treatment of pregnant people in non-work situations and covers the period of her actual pregnancy and for the ensuing period of 26 weeks commencing on the day of delivery. Notwithstanding other employment provisions which attach to pregnancy and maternity vis a vis leave etc, S18 confirms that a person discriminates against a woman if, in the protected period as identified above, he/she treats her unfavourably because of
- The pregnancy
- Illness suffered as a result
- The exercising of her rights to compulsory, ordinary or additional maternity leave.
Public Sector Equality Duty
Section 149 of the 2010 Act, which came into force on 5 April 2011, imposes on public authorities (which as specified in Schedule 19 includes principal authorities, parish councils and parish meetings without a separate parish council) in the exercise of their functions, a duty to consider:
- The need to eliminate discrimination and harassment, victimisation and any other conduct that is prohibited by or under the Act;
- To advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- To foster good relations between those who share protected characteristics and those who do not.
The protected characteristics of marriage and civil partnership are not covered by the provisions of Section 149.
Equal Opportunity
Leven Parish Council is committed to achieving equality of opportunity both for those who use its services and for the employees who provide them.
Equal opportunities, fairness in the workplace and providing good quality services to the local community are all inter-linked. It is recognised that individuals and groups continue to be unfairly discriminated against and it is the Parish Council’s responsibility to promote good community relations, equality of opportunity and to tackle unlawful discrimination in all forms.
Commitment
- To provide services that are equally accessible to all people, free from prejudice and discrimination and sensitive to the needs of all sections of the community.
- Value people and their differences and enable all employees to achieve their full potential, creating vitality within our organisation and the services we deliver.
- Seek to influence the work and contribution of partner organisations from all sectors by ensuring that equality issues and considerations are fully taken into account when developing strategies.
- Work actively towards eliminating all forms of discrimination, both of a direct and indirect nature.
- Encourage partnership and participation in the development and application of council policy and practices.
Policy into Practice
- Ensure that all policies and practices are in line with relevant employment legislation, anti-discrimination legislation and good practice guidelines.
- Recruit and value a workforce that reflects the make-up of the community.
- Ensure all employees/councillors understand the values and expectations of the Council and the standards of behaviour that is expected from each of them.
- Make clear the action an employee who feels unfairly treated may take.
- Provide training to relevant employees/councillors so that they can actively put this policy into practice.
- Seek to influence partner organisations in a collective commitment to equality of opportunity and encourage voluntary organisations to provide evidence of their commitment to equality in terms of their personnel policies and delivery of their services, as a criterion in determining the award of grant aid from the Council.
- Ensure that the Council has policies sensitive to the needs of all sections of the community.
- Use socio-economic data to ensure compliance with the policy, where appropriate
- Monitor and evaluate the effectiveness of policy and practice on a regular basis as determined by law
- Develop a well-defined complaints procedure in dealing with alleged contraventions.
In employment the aim is to provide a non- discriminatory working environment where discrimination, harassment or bullying is unacceptable, and which will not be tolerated. Employment policies, procedures and practices will promote equality of opportunity and all decisions regarding recruitment, selection, training, promotion and career management will be based solely on objective and job-related requirements.
In access to services the aim is to ensure that all those who receive from the Council or wish to use a Council service can do so without fear of discrimination or disadvantage.
All people are entitled to be treated fairly, in a consistent manner and with dignity and respect.
Employees & Recruitment
1. The Parish Council shall provide an environment free from discrimination and harassment and it recognises the contribution made by staff from all backgrounds especially from those within the above Protected Groups.
2. The Parish Council will take full account of the provisions of the Equality Act 2010 when recruiting staff. Section 60 of the 2010 Act relates to the recruitment process and specifically covers the enquiries that can be made before employment. An employer is not permitted to ask questions about a job applicant’s health before offering work or, where not in a position to offer work, before including the applicant in a pool of applicants from whom the employer intends (when in a position to do so) to select a person to whom to offer work. If an employer does ask health questions before a job is offered and subsequently does not offer the person a job, the burden of proof will be on the employer to prove that there was no discrimination. An applicant cannot bring an action solely on the grounds that a prohibited question on health was asked. However, the Commission for Equality on Human Rights (CEHR) has powers under the Equality Act 2006 to enforce a breach of these provisions.
3. Advertisements for recruitment will not request applicants from a particular age range; neither will application form request dates of birth or other age-related details.
4. All application forms shall state that the Parish Council encourages applications from all, including and especially those from the Protected Groups.
5. In order not to discriminate against younger people, all application material will emphasise the importance of skills and potential, as well as experience.
6. The Parish Council will ensure that there is no age discrimination in relation to the dismissal of staff.
7. Any age discrimination shown to staff by other Staff Members, the Public or by the Council Members will be treated as a serious offence.
8. A job description and person specification must be drawn up for every vacancy and be provided to all prospective employees. Person and job specifications shall be strictly limited to those requirements which are necessary for the effective performance of the job.
9. Information about job vacancies must be made available to all sections of the community (except in situations where, in line with relevant employment legislation and the Council’s Employment Policy, external advertising of vacancies is restricted).
Service Provisions to the Public
1. All Members of the Public will be treated fairly and consistently
2. All services shall be provided without unlawful discrimination, harassment or victimisation.
4. All application forms – shall state that the Parish Council will treat all applications equitably and takes into account the protected characteristics.