The Skills Partnership

The Skills Partnership Equality and Diversity Policy

1.1 The Skills Partnership is committed to promoting and maintaining equality and diversity and to the prevention of discrimination and/or harassment in relation to all aspects of our business. We believe in giving opportunities, access and respect, through recognising every individual’s needs. It is an issue which concerns everyone; for a whole range of reasons people do not always have the same opportunities.
Unless all tutors, trainers, assessors, support staff, learners, employers and managers are involved, lasting change will not take place.

1.2 This policy sets out The Skills Partnership’s obligations in relation to equality and diversity and how we intend to fulfil those obligations and promote and maintain equality of opportunity and diversity in everything we do. In so doing we intend to meet the expectations of our learners, clients, employees and suppliers and the funding and regulatory bodies.
1.3 This policy will be published on The Skills Partnership’s website and made available to learners, employees and others upon request. We can provide this policy in other formats if required.

2.1 The writing of a policy statement in itself does not constitute an effective Equal
Opportunities policy for The Skills Partnership. This can only be achieved by training, awareness raising, clarity of ethos, continued review of good practice and evaluation.

2.2 The Skills Partnership will monitor the implementation of this policy on an ongoing basis to ensure that the principles and procedures set out in it are being effectively implemented and a formal monitoring process shall be carried out and recorded in accordance with 2.3 below.
2.3 We will monitor by reviewing on an annual basis the operation of this policy by careful consideration of whether all of our business activities were compliant with it. In the carrying out of such monitoring we will give due regard to any complaints. We will use the Self Assessment Review (SAR) process to identify and, where our resources allow, address any failure to implement this policy and best practice. Leadership of equality of opportunity is given a high priority in the organisation and is the responsibility of the Director of Learning and Quality.The reviews will be carried out by The Skills Partnership’s Quality Management Team and reported to the Senior Management Team.

2.4 The Skills Partnership works in partnership with other organisations in the delivery of work-based learning. We will make this policy known to such third parties and undertake whatever actions are appropriate in relation to their own obligations to be aware of, promote and maintain The Skills Partnership’s policy in relation to equality and diversity.

3.1 The Skills Partnership will not, in its dealings with learners, clients, employees, suppliers, or any third party, discriminate against any person, nor victimise or harass them on the grounds of:
a) race or racial group (including colour, nationality and ethnic origins);
b) sex (including marital status, gender reassignment, pregnancy, maternity and paternity);
c) sexual orientation, whether actual or perceived (including civil partnership status);
d) religion or belief;
e) age whether actual or perceived; or
f) disability
g) group or class.

This policy will cover all functions of the organisation, including:

Selection, recruitment and initial assessment of learners
Participation, achievement and progression
Induction, options choice, delivery and management of learning
Assessment, verification and observation
Curriculum content and resources
Staff recruitment, training, performance management and salary review
Community links and partnerships
Learner, employer and staff feedback
Complaints, grievances, harassment and bullying
Impact of policies and procedures
daily professional contact with each other including conduct in staff meetings
conduct of staff towards learners, employers, outside agencies and other members of the community who come into contact with The Skills Partnership

5.1 What is discrimination?
Discrimination occurs when one person is treated less favourably than another is treated, or would be treated, in the same or similar circumstances without legitimate reason.
Direct discrimination occurs where one person treats another less favourably on the basis of the grounds set out in 3.1 above and, in respect of age discrimination only, it cannot be shown that the treatment in question was justified.
Indirect discrimination occurs where a provision, criterion, practice, requirement or condition which is applied to everyone has the effect of placing at a disadvantage a particular person, or group of people, on the basis of the grounds set out in 3.1 above except age. (The provisions relating to indirect discrimination are not applicable to discrimination on the grounds of disability).
Indirect discrimination can occur whether or not the person intended to discriminate against the person or group of people affected.
5.2 What is harassment?
Harassment occurs when one person subjects another to “unwanted conduct that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment”, in other words threatening, abusive or insulting behaviour, words or actions, which violate the other person’s dignity or create a humiliating, intimidating or hostile environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. A series or minor acts or comments can constitute harassment as can a one-off act of sufficient severity.
5.3 What is victimisation?
Victimisation occurs when a person is treated less favourably because he or she has asserted a right not to be discriminated against on one of the grounds set out in 3.1 above. The protection applies only to assertions made in good faith.
5.4 What is less favourable treatment?
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 where a person without that disability would not be so treated.
5.5 What is a disability?
A person has a disability if (s)he has a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
5.6 What is failure to make reasonable adjustment?
Failure to make reasonable adjustment is a failure to take such steps or adjustments as are reasonable to ensure that arrangements for learners, employees, partners, the premises from which business is undertaken and the service provided, do not put at a substantial disadvantage a person with a disability when compared with a person without that disability, without justification. The duty to make reasonable adjustments where failure to do so cannot be shown to be justified comprises of:
a) changing practices, policies and procedures;
b) providing auxiliary aids and services;
c) overcoming a physical feature by removing, altering or avoiding it or by providing services by alternative means.
Consideration of whether an adjustment is reasonable might include an assessment of the following:
a) the effectiveness of the adjustment
b) the cost and availability of resources and any unreasonable disruption it might cause.
5.7 Practical examples

Teaching and Learning:

Subject content and resources should be aimed equally at all learners.
Teaching and learning strategies/styles should encourage everyone to participate equally.
It is sometimes appropriate to regroup learners to encourage progress which is independent of stereotyping.
Be aware of stereotypes in our teaching materials, our own attitudes and student responses. Appropriate action should be taken to rectify or challenge.
When resources or learning materials are issued, be aware of existing deficiencies in terms of equality of opportunity. This extends to the information and imagery used on the company website and learner area.
When appropriate, learning activities and materials, which give a non- discriminatory perspective and which offer positive images, should be selected.
Timetabling of visits and courses should be carried out with reference to equality of opportunity. Each learner should be supported, should they wish to take up a placement
in work which is traditionally regarded as being more suitable for a particular
group of people to which they do not belong.
Learners should receive any support which may be necessary to overcome prejudice at the place of work or amongst their peer group.

Information, Advice and Guidance

Tutors and those involved in advising on training programmes must adopt positive measures to raise learners’ awareness of stereotyping. There is a clear need to challenge social and peer group pressures that may lead to an imbalance in choices.
Learners should be able to make informed decisions and to be aware of all the opportunities open to them. They and their employers should be encouraged to consider all the alternatives.
Wherever possible, material should be used which gives positive images of non-traditional roles. Materials which limit horizons through stereotypes should be avoided.
Learners should have the opportunity within the working environment or during taught sessions to meet and talk to people who provide positive role models and challenge stereotypical views.

Behaviour

Do not have different expectations of learners, employers or colleagues based on stereotyping.
Avoid assigning stereotyped roles, eg males fetching and carrying, females dealing with admin/catering arrangements.
Challenge discriminatory language or behaviour and deal with it promptly.
Be aware that evidence from research shows that tutors and trainers frequently give more time to certain individuals or groups. We need to seek ways to redress any imbalance so that all learners have equal access to tutors and trainers.

Staffing

Young people are significantly influenced by the adults, both teaching, training and support staff, within a working or learning environment. Help to convey a message of equal worth by the example set to learners.
It is important that we value different role models in terms of The Skills Partnership’s
staffing (teaching and non-teaching) in relation to race, sex, sexual orientation, religion or belief, age, disability, social class or group.
All staff and learners should be encouraged and entitled to develop their expertise and careers through internal training days, courses, and other opportunities for professional and personal development.

Practical implementation of the policy

Relevant data will be collected, analysed and used to improve processes and evaluate the effectiveness of changes made. Data collected will include learners’ recording of gender, age, disability and ethnicity so that comparisons with the profile of staff in the industry can be made. Efforts will be made to explain why such data is collected. Data will also be used to monitor the outcomes for different groups of learners, including achievement, retention and where available, progression. Complaints, learner, employer and staff feedback and trends over time will be captured and used to improve practice.
Any serious incidents of discriminatory behaviour or harassment will be recorded, monitored and acted upon following the procedure set out in the Learner Guide and Employee Manual.
The Quality Management Team and Senior managers will monitor the reporting to identify patterns and trends and to determine any action necessary in individual cases or as a whole-organisation issue.
Every student/learner and member of staff should develop the knowledge, skills and understanding to participate in and contribute to a multi-ethnic society.
Where appropriate outside agencies will be approached for further guidance and
training.
Staff will be expected to support students/learners in their class for whom English is an additional language and to incorporate principles of equality and diversity into all aspects of their work.

The statutory requirements of equality of opportunity are set out in acts of parliament and codes of practice. The principal legislation that currently applies is:

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Sex Discrimination Act 1986
• Employment Act 1989
• Disability Discrimination Act 1995
• Protection from Harassment Act 1997
• Human Rights Act 1998
• Race Relations (Amendment) Act 2000
• Special Educational Needs and Disability Act 2001 (often abbreviated to SENDA)
• European Directive on Equality in the Workforce 2002
• Employment Equality (Religion or Belief) Regulation 2003
• Employment Equality (Sexual Orientation) Regulation 2003
• The Employment Equality (Sex Discrimination) Regulations 2005
• Disability Discrimination Amendment Act 2005
• Equality Act 2006
• Racial and Religious Hatred Act 2006
• Employment Equality (Age) Regulations 2006

After consultation, redrafting, final approval and publication, the policy will be made
available to all staff, learners and employers. If any training needs are associated with the successful adoption of the policy these will be identified and built into the continuing professional development programme.