Equality & Diversity Policy CP034

(Form: CP-034 | Rev: 00)

Introduction

Topaz Training & Development operates a policy which recognises that all individuals have a right under the Equality Act 2010 to a working and training environment free from discrimination, where equality of opportunity is provided regardless of colour, race, ethnic origin, sex or sexual orientation, age, marital status, disability, or any other criteria.

This policy applies to recruitment selection, training, employment, apprenticeships, ongoing development, discipline, and dismissal. This policy applies to both staff and learners.

All Topaz Training & Development’ employees, learners, associates, and partner organisations—including, but not exclusive to, employers, subcontractors, and suppliers—will be made aware of this policy and are required to actively support and assist us in its implementation.

The Director of Topaz Training & Development is the representative for Equality and Diversity and has assumed overall responsibility for ensuring this policy is monitored, reviewed, and updated. Actions required to achieve its effective implementation are addressed in the company’s procedures and practices.

Topaz Training & Development will take any reasonable steps, including disciplinary actions, termination of contracts, etc., to enforce this policy.

Any connected party, i.e., employee or apprentice, who avers that they have been discriminated against has the right to make a complaint in accordance with the Complaints and Grievance Policy. The company ensures that such complaints relating to discrimination (including dignity at work) will be handled as sensitively as possible with all speed.

The full implementation of this policy as our basic standard will ensure that all employees, learners, etc., are given the opportunity to reach their full potential whilst the company seeks to work towards the CMA’s Equality, Diversity and Inclusion Strategy 2020-2024.

This policy will be reviewed on an annual basis to ensure continued and effective implementation.

Definitions and examples of all bold words can be found in the Glossary in Appendix 1.

1. Policy Statement

Topaz Training & Development is committed to equality and diversity in every aspect of its activities and aims to provide an environment where all individuals have the opportunity to achieve their full potential with a feeling of self-esteem.

Topaz Training & Development encourages and supports the development of an environment in which:

• People’s ability to achieve their potential is not limited by prejudice or discrimination.
• There is respect for and protection of each individual’s rights.
• There is respect for the dignity and worth of each individual.
• Each individual has an equal opportunity to participate.

Topaz Training & Development believes that its purpose, aims, and values will be best achieved through the recruitment of employees and learners from the communities that we serve and which influence our organisation. Topaz Training & Development will encourage each individual to make full use of their talents and skills.

In our commitment to promoting equality of opportunity, we will not accept prejudice or discrimination. An environment where equality of opportunity exists is more rewarding for employees and learners and will enhance performance and achievement.

2. Purpose

The purpose of this policy is to establish clear guidance regarding equality and diversity. The guidance will be applicable to all employees and potential employees, learners and potential learners, contractors, associates, employers, partner organisations, and visitors.

Topaz Training & Development believes that all forms of prejudice and discrimination are unacceptable. In recognition of the fact that prejudice and discrimination can take a variety of forms, depending on the group against whom they are directed, the Equality and Diversity Policy addresses issues specific to discrimination on the grounds of:

• Age: Topaz Training & Development recognises that people can develop throughout their lives and that an individual’s life experience can add value to their role as either an employee or a learner.
• Disability: Topaz Training & Development will make reasonable adjustments to arrangements, facilities, and support to ensure that each individual can actively participate in all aspects of their employment or learning.
• Sex: Topaz Training & Development provides a supportive environment for men and women, actively encouraging the development of individuals in non-traditional employment.
• Race: Topaz Training & Development seeks to create a working and learning environment based on positive relationships between members of different racial groups.
• Religion: Topaz Training & Development respects the rights of individuals to hold different religious beliefs.
• Sexual Orientation: Topaz Training & Development believes that a person’s sexuality does not have any bearing on their ability or suitability for employment or learning opportunities.
• Gender Reassignment: Topaz Training & Development believes that because someone has undergone or is in the process of undergoing gender reassignment, it does not have any bearing on their ability or suitability for employment or learning opportunities.
• Pregnancy & Maternity: Topaz Training & Development respects the rights of employees and learners during periods of pregnancy and maternity.
• Marriage & Civil Partnership: Topaz Training & Development respects the rights of those in marriages and civil partnerships under the Equality Act.

Topaz Training & Development will not tolerate any behaviour that would result in any individual:

• Being given less favourable treatment based on one or more of the above protected characteristics (direct discrimination).
• Being disadvantaged or treated less favourably, in relation to one or more of the above protected characteristics, because of requirements that are not related to the job or course of learning (indirect discrimination).
• Being given less favourable treatment because they are associated with another person with a protected characteristic (e.g., the mother of a disabled child) (associative discrimination).
• Being given less favourable treatment because others think they possess a particular protected characteristic (perceptive discrimination). This applies even if the person does not actually possess that characteristic.
• Being humiliated, embarrassed, ridiculed, or intimidated based on one or more of the above protected characteristics, or being subject to behaviour they believe to be offensive to them or which they find offensive even if it is not directed towards them personally (harassment)*.
• Being harassed by people not directly employed by Topaz Training & Development (harassment by a third party).
• Being treated less favourably because they have made or supported a complaint under The Equality Act legislation.

* Please refer to the Bullying and Harassment Policy for more detailed guidelines about harassment and bullying.

3. Promotion of Equality & Diversity

Topaz Training & Development will promote equality and diversity through:

• Employee and learner inductions.
• Training.
• Analysis and evaluation of data for both employees and learners by age, disability, gender, race, and religion.
• Supportive workplace practices.

Introductions & Training

Topaz Training & Development recognises the need for all employees and learners to:

• Be aware of the behaviours that express discrimination.
• Know that discrimination is not restricted to groups in society.
• Be aware of the ways in which assumptions and oppression can be built into society and organisations.
• Be aware of stereotyping or prejudice in the content and delivery of their work.
• Be prepared to challenge discriminatory behaviour or attitudes.

All induction programmes will include an introduction to equality and diversity.

Analysis & Evaluation of Data

Topaz Training & Development is committed to the collection of statistics and analysis of data to allow ongoing monitoring of employees and learners.

Employee and learner profiles will be developed in relation to age, disability, gender, race, and religion. Trends will be identified and explored to guarantee the removal of any barriers caused by the company’s policies or practices.

Supportive Workplace Practices

Topaz Training & Development believes that its commitment to equality and diversity should be visible in every aspect of its work. All relevant policies, procedures, and practices will be written in such a way to promote fairness and equality for all.

4. Every Learner Matters

In line with the green paper ‘Every Child Matters,’ Topaz Training & Development has implemented the five key outcomes for children and young people’s well-being into its practices, at the same time expanding them to cover all learners. The outcomes are:

• Being Healthy
• Staying Safe
• Enjoying and Achieving
• Making a Positive Contribution
• Achieving Economic Wellbeing

Topaz Training & Development believes that a strong commitment to equality and diversity supports and enhances the five key outcomes of ‘Every Child Matters.’

5. Responsibilities

In your role with Topaz Training & Development, you have a duty to:

• Cooperate and comply with the measures set out in this policy.
• Report any discriminatory action, including bullying and harassment.

You must not:

• Encourage or allow others by omission to carry out any discriminatory act.
• Induce or attempt to induce others to practice discrimination.

Employees, Contractors, Associates, Employers, Partner Organisations & Visitors

You are responsible for ensuring that:

• You attend Equality and Diversity training as required.
• You challenge or report inappropriate behaviour, including harassment or bullying, whether intentional or unintentional, whenever it occurs.
• You act in accordance with policies designed to combat discrimination and prejudice.

Learners

• You behave with respect toward all members of Topaz Training & Development, including other learners.
• You adhere to the expectations set out in this policy.
• You do not encourage prejudice or discrimination.
• You report to your tutor/assessor or another member of Topaz Training & Development any incidents of harassment, bullying, prejudice, or discrimination witnessed during your learning.

Taking Action

• Informal Action: Where you raise the issue informally and privately with the person(s) responsible for the unacceptable behaviour. This will make sure that person is aware of the effect of their actions as well as making it clear that their actions are not acceptable. If you feel uncomfortable or reluctant to approach the individual yourself, you could ask a trusted colleague or manager to support you.
• Formal Action: Should be used where informal action hasn’t worked, or if the informal approach is not an option. The issue should be raised with your manager or your tutor/assessor; employees can use stage 1 of the formal grievance procedure to help you do this. If the person you’re complaining about is your manager or your tutor/assessor, you will need to raise it with their line manager; employees can use stage 2 of the formal grievance procedure. Alternatively, if the circumstances are very difficult, you may choose to use the Whistleblowing Policy.

Whenever a complaint of discrimination is received, the company will:

• Take the complaint seriously.
• Carry out an immediate investigation into the complaint.
• Take steps to make the investigation fair, objective, and independent by allocating the investigation to a person who is not involved in the complaint.

Where an investigation identifies that there has been a case of discrimination, the investigation will cease, and a disciplinary investigation under the Disciplinary Procedure will take over and will be dealt with at the appropriate stage of the procedure.

Glossary

Equality: Treating people fairly and ensuring everyone is given a fair chance.

Diversity: Diverse means different and varied; diversity welcomes difference rather than ignoring it.

Prejudice: Prejudice means to be biased, to have a preconceived opinion.

Discrimination: Discrimination is the unfair or unequal treatment of an individual or group.

Equal Opportunity/Equality of Opportunity: Equal opportunity means that every person should be given the same chance to improve their life; at Topaz Training & Development, this relates to learning and employment opportunities.

Direct Discrimination: When you are treated less favourably than someone else in the same situation based on a personal characteristic, for example, because of your age, sex/gender, race, disability, religion, sexual orientation. Example: A woman being denied a promotion because she is pregnant.

Indirect Discrimination: Where there are rules or conditions that apply to everyone but affect one group of people more than others without good reason. Example: A company rule that says all women must wear knee-length skirts could exclude women whose religion requires them to wear full-length clothing.

Associative Discrimination: Direct discrimination against someone because they are associated with another person with a protected characteristic (e.g., the mother of a disabled child).

Perceptive Discrimination: This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.

Harassment: Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Refer to the Bullying and Harassment Policy for examples of the behaviours that would be classed as harassment.

Bullying: Offensive, intimidating, malicious, or insulting behaviour; an abuse or misuse of power through means intended to undermine, humiliate, denigrate, or injure the recipient. Refer to the Bullying and Harassment Policy for examples of the behaviours that would be classed as bullying.

Victimisation: Where a person is treated less favourably because they have made, or intend to make, a complaint of discrimination. Example: A young apprentice has been bullied by her colleagues. She complains to her manager about the bullying, but the manager tells her colleagues, and they all start to ignore her. She then loses her apprenticeship with the company because she is seen as a troublemaker.

Oppression: The misuse of power over people.

Stereotyping: To make everything or everyone the same. When we stereotype people, we make them all the same based on one characteristic or assumption about the group.

Ethical Policy

Introduction

This policy has been created to provide a framework and guidance on the company’s approach to achieving and maintaining good business behaviour using sound ethical conduct. It serves to ensure that all employees are aware of their individual and collective responsibilities with regard to the company’s ethics and to emphasise our employees, apprentices, and customers’ expectations to be treated fairly and by good business practice.

6. Background

Mark Clelland, Managing Director of Topaz Training & Development, is ultimately responsible for Topaz Training & Development’ (hereafter referred to as ‘the company’) ethical policy and procedures and their implementation.

In all the company’s operations, it is important to retain a set of core values and approaches to the process of doing business. The company recognises its obligations to all those with whom it has dealings. The reputation of the company and the trust and confidence of those with whom it deals are among its most vital resources, and the protection of these is of fundamental importance.

To this end, the company demands and maintains high ethical standards in carrying out its business activities. Corrupt practices will not be tolerated. The company endeavours to be a good corporate citizen, taking account of the economic, social, and environmental impact of its business and aiming to maximise the benefits and minimise any negative impact of its operations. The company is committed to high ethical standards in its business dealings to ensure the integrity of its employees and the organisation is maintained.

This document should be used alongside all of the company’s existing policies (including Environmental, Equal Opportunities, Complaints, Whistleblowing, and Quality Management statements).

This policy cannot address or anticipate all likely ethical dilemmas. It is intended to guide company staff in how to act with integrity, good conscience, and judgement at all times.

7. Relationship with Clients/Delegates

The company believes that integrity in dealings with clients/delegates is a prerequisite for a successful and sustained business relationship. This principle governs all aspects of the company’s approach to its clients/delegates. Mutual trust and confidence between the company and its clients is vital. All company employees should strive to consistently deliver service excellence and value for money, meeting customers’ expectations and anticipating their changing requirements.

Untruths, concealment, and overstatement will be avoided in all advertising and other public communications. All marketing and promotional materials will be relevant, accurate at the time of publication, not misleading, accessible, and designed to help potential clients/delegates make informed decisions.

No employee may give money or any gift of significant value to a client/delegate. Nor may any gift or service be given which could be construed as being intended as a bribe.

The company accords the same degree of confidentiality to confidential customer information as it does its own confidential information.

Maintaining the highest standards of training and learning are fundamental aims of the company. The company strives to ensure that its training programmes provide a high-quality and challenging educational experience and employs fair, rigorous, and transparent delegate assessment procedures. Plagiarism and other forms of academic misconduct will not be tolerated among company staff or delegates.

Prior to the commencement of learning/training activities, the company will strive to determine if the potential delegates have any learning or other disabilities that may impact upon their learning experience and will make appropriate provision. The company will also ascertain the delegate’s level of proficiency in the programme language (usually English) and take measures accordingly.

Relations with delegates will be based on respect for the dignity of the individual and fair treatment for all. The company is committed to equality, diversity, and inclusiveness and will not tolerate sexual, physical, or mental harassment (including bullying) of delegates. Consensual relationships between company staff and delegates should be appropriately declared.

The company has policies and procedures in place to respond to delegate/client complaints and appeals. These procedures are designed to ensure that delegates/clients can raise matters of concern to them without fear of disadvantage and in the knowledge that privacy and confidentiality will be respected.

8 & 9. Relationship with External Suppliers

All suppliers are entitled to fair treatment, and the company aims to develop relationships with its suppliers based on mutual trust. It is therefore company policy to pay suppliers on time and in accordance with agreed terms of trade.

The receipt of gifts or favours by employees can give rise to embarrassing situations and may be seen as an improper inducement to grant some concession in return to the donor. The following principles should be observed:

• Gifts or favours must not be solicited.
• Gifts of money must never be accepted.
• Reasonable small tokens and hospitality may be accepted provided they do not place the recipient under any obligation, are not capable of being misconstrued, can be reciprocated at the same level, and the employee’s immediate superior is made aware of the same.

Any offer of gifts or favours of unusual size or questionable purpose should be reported immediately to the employee’s supervisor or manager.

The company will compete vigorously, but honestly. The company believes service excellence to be the best way of enhancing its reputation. Whilst fair comparison between the company’s strengths and competitors’ weaknesses may be made, the company will not engage in damaging competitors’ reputations either directly or by implication, misrepresentation, or innuendo.

In any contacts with competitors, employees will avoid discussing proprietary or confidential information.

10. Human Rights

The company supports the principles of the United Nations Universal Declaration of Human Rights and is committed to upholding these principles in its policies, procedures, and practices. Respect for human rights is, and will remain, integral to the company’s operations.

The company will endeavour to work with business partners who conduct their business in a way that is compatible with its own policies of respect for human rights and ethical conduct. The company will work with clients/delegates to ensure that contractual requirements do not infringe human rights.

The company will take measures to ensure that the work of its employees does not compromise internationally accepted human rights conventions.

11. The Environment

The company will conduct its business with respect and consideration for the environment. It will strive to minimise its environmental impact through the management of waste, vehicle emissions, and energy consumption.

12. Local Communities

The company supports and encourages knowledge transfer opportunities and works in collaboration with private, public, and charitable organisations and bodies to achieve these aims. In addition, the company is committed to playing an active and positive role in the communities in which it operates. The company conducts business with respect and consideration for the good of local communities, taking steps to minimise any disturbance as a result of operations.

13. Compliance with the Law

The company will comply fully with all relevant national laws and will act in accordance with local guidelines and regulations, including those that are industry-specific, governing its operations.

14. Accounting Standards and Records

All accounting documentation must clearly identify the true nature of business transactions, assets, and liabilities in conformity with relevant regulatory, accounting, and legal requirements. No record or entry may be false, distorted, incomplete, or suppressed.

15. External Reporting

The company may be required to make statements or provide reports to regulatory bodies, government agencies, or other government departments. Care should be taken to ensure that such statements or reports are correct, timely, and not misleading. Senior management must be made aware of any sensitive disclosure before it is made.

Care must also be taken when making statements to the media that information given is correct and not misleading. Enquiries from the media should be referred to company media relations experts, and statements should only be made by designated spokespersons.

16. Relationship with Company Employees

The company is committed to optimising individual and organisational performance through employing the best people at all levels and creating an environment in which they want to and can contribute fully to the company’s success. To achieve a working environment in which team spirit and commitment to the goals and values of the company are maintained, the company will ensure that individual employees are treated fairly and with dignity and respect.

In dealing with its employees, the company will act in compliance with national regulatory requirements; employers’ obligations to employees under labour or social security laws and regulations must also be respected.

Declaration on Fundamental Principles and Rights at Work: In accordance with local legislation and practice, the company will respect freedom of association and the right to collective bargaining. Employment will be freely chosen with no use of forced or child labour, and the company will not discriminate on the basis of gender, colour, ethnicity, culture, religion, sexual orientation, or disability.

12. Harassment

Harassment can be defined as unwanted behaviour that a person finds intimidating, upsetting, embarrassing, humiliating, or offensive. Conduct involving the harassment (racial, sexual, or of any other kind) of any employee is unacceptable. Should an employee believe that he or she has been harassed, the matter should be raised with the relevant manager, who will arrange for it to be investigated without delay, impartially, and confidentially.

13. Equal Opportunities

The company values all employees for their contribution to the business, and their opportunities for advancement will be equal and not influenced by considerations other than their performance, ability, and aptitude. Employees will also be provided with the opportunity to develop their potential and, if appropriate, to develop their careers further with the company.

14. Health & Safety

The company places the highest priority on promoting the health and safety of employees whilst at work. The company will constantly review the effectiveness of its methods of operation in this regard and will ensure that all employees receive appropriate health and safety information and training.

The company recognises that there are risks associated with carrying out any business activity. Senior Management is responsible both for ensuring that policies and procedures are in place to manage risks and for complying with those policies and procedures. Employees should ensure that they are aware of the risks associated with their activities and that they comply with policies and procedures in place to manage those risks.

15. Confidential Information

Employees must not make use of confidential information obtained through their employment for personal gain, nor disclose such information to any third party during or after their employment. ‘Confidential information’ is either information that has been specifically described as being confidential or is otherwise obviously confidential from the surrounding circumstances. It does not include information in the public domain or information that the individual concerned is required by law to disclose.

16. Conflicts of Interest

Every employee has a duty to avoid business, financial, or other direct or indirect interests or relationships that conflict with the interests of the company or that divide his or her loyalty to the company.

Employees must avoid situations where the appearance of business impropriety exists, even though the circumstances might not otherwise specifically violate this code of conduct or where specific laws or regulations do not apply.

17. Implementation / Review

The company’s commitment to this ethical policy is considered fundamental to its long-term sustainability and success. This will be demonstrated through the company’s systems of training, adherence, and accountability regarding performance.

Strict adherence to these principles and supporting policies is a condition of employment with the company. Senior management must ensure that staff understand this framework and the values that underpin it and are informed of the requirements relating to their job. Any action by an employee that deliberately or recklessly breaches this ethics policy may result in disciplinary action, including dismissal.

Compliance with this policy will be monitored on a regular basis through mechanisms such as internal/external audit, ongoing management reporting, and information received via ‘whistleblowing.’

Sexual Orientation Policy

This policy forms part of our Equality and Diversity policy, including Equal Opportunities, Anti-bullying, Relationship and Sex Education (RSE). It sets out in more detail our approach to LGBT people and issues in line with the Education and Inspections Act 2011 and the Equality Act 2010:

Education and Inspection 2011

Topaz Training & Development has a duty to eliminate discrimination on the grounds of sexual orientation and gender reassignment. This includes tackling HBT (homophobic, biphobic, and transphobic) bullying. Training is also required to advance equality of opportunity and foster good relations. This means that training should go beyond tackling HBT bullying and take proactive steps to promote respect and understanding of LGBT people and issues.

Topaz Training & Development Aims

• To provide an inclusive environment in which LGBT learners and staff are valued and respected.
• To promote understanding of and support the needs of LGBT pupils and staff.
• To usualise LGBT awareness and issues through the provision of an inclusive curriculum.
• To monitor and tackle HBT language and bullying.

Topaz Training & Development seeks to achieve these aims by:

• Ensuring that training policies and practices are inclusive and supportive of LGBT people and explicitly state that HBT language and bullying are unacceptable.
• Providing training to staff in supporting an LGBT-inclusive curriculum and tackling HBT language and bullying.
• Providing support structures and information/resources for LGBT people on LGBT issues and support services.
• Providing learners with LGBT-inclusive Relationships and Sex Education (RSE), opportunities to discuss gender identity and sexuality, and including LGBT people and themes in the PSRE (Personal, Social, Religious, and Economic education) and wider curriculum where relevant.
• Providing multiple ways for learners to report HBT language and bullying, monitoring (including through staff and learner surveys) and recording HBT language and bullying, as well as ensuring that pupils are aware that HBT language and bullying are wrong.
• Ensuring that the library contains books with LGBT themes and displays that celebrate diversity or tackle bullying are LGBT-inclusive.

Sexual orientation refers to people who are, or who are perceived to be, lesbian, gay, or bisexual. Gender reassignment refers to anyone who is proposing to undergo, is undergoing, or has undergone a process (or part of a process) for the purpose of reassigning their sex by changing physiological or other attributes of sex.

Age Equality Policy

Introduction

Topaz Training & Development reaffirms its commitment to the principles of promoting age equality, preventing, and eliminating age discrimination in employment, admissions, and in its teaching, learning, and research activities.

It will endeavour to ensure that no applicant for employment or study, member of staff, learner, or visitor is disadvantaged or discriminated against on age grounds and that all are treated based on their relevant merits and abilities.

Intent and Purpose for the Prevention of Age Discrimination and Promotion of Age Equality

Topaz Training & Development aims to achieve this objective by actively monitoring and reviewing organisational processes and procedures at all levels, at regular intervals. The results will enable Topaz Training & Development to focus on the development and promotion of a range of age equality issues.

Induction and Training Programmes

Topaz Training & Development staff training will contain a range of training opportunities relating to the elimination and prevention of age discrimination and promotion of age equality.

Staff and learner induction programs will contain an equal opportunities module, which includes age equality issues pertaining to promoting better understanding and awareness of age equality matters, including harassment and discrimination.

Management Development programs will incorporate programs on decision-making in terms of ensuring consistency and equality in recruitment and selection, selection for promotion, harassment, discrimination, and grievance handling.

Preventing Age Discrimination

To achieve an environment that is free from unlawful age discrimination and which encourages everyone to contribute fully to the work of the organisation, Topaz Training & Development will endeavour to ensure that:

• Employment vacancies, where possible, are accessible to a broad range of age groups within the community through a variety of media.
• Impact assessments are conducted on age equality-relevant functions.
• The collation of statistical information regarding the age profile of staff in relation to recruitment, employment, and career progression will be maintained.
• The collation of statistical information relating to the admission and progression of learners, by age, will be maintained. Data will assist in the identification of teaching, learning, and learner service issues that may require addressing.
• Information will provide details of issues that require further review and will assist in the development of the Topaz Training & Development Quality Improvement Plan.

Staff and learner procedures provide equal opportunities and are free from unlawful age discrimination in all areas pertaining to employment, study, and learning.

There is compliance with the anti-discrimination provisions as recommended by the Equality Act 2010.

Where Can I Make a Complaint or Claim Discrimination?

1. A complaint may be made in writing to Topaz Training & Development, whereby it will be allocated a unique reference number, and within 2 working days of receipt, acknowledgement will be sent indicating the person within Topaz Training & Development who will be dealing with the complaint.
2. Your complaint will then be investigated, and a reply sent within 10 working days detailing the findings.
3. Should you feel unhappy with the response provided by Topaz Training & Development, you can appeal in writing to the Managing Director, who will acknowledge receipt of your request within 5 working days.
4. A re-investigation will then commence, and all decisions will be reviewed. The findings will then be communicated in writing up to 28 days from acknowledgement of receipt of the appeal.
5. Referral to higher boards, such as Awarding Bodies and the Learning & Skills Council, will only commence should the findings of the Director’s investigation be deemed unsatisfactory. Topaz Training & Development will then abide by the procedures identified by the appropriate higher authorities.

Monitoring

All received complaints will be reviewed on a quarterly basis. As part of the Senior Quality Review Meetings, the number of complaints logged and any observable trends will be discussed in detail, and an appropriate plan of action to rectify the situation will be created.

Employment (Religion or Belief) Policy

Introduction

Whether at work or in our private lives, we will encounter people with different religious beliefs. The UK is increasingly multicultural, and in the 2021 Census, 61% of respondents identified themselves as having a religious affiliation, and 25.7% of people identified themselves as having no religious affiliation.

The five most popular religions in the UK during the 2021 Census were Christianity, Islam, Hinduism, Judaism, and Sikhism. Legislation now makes discrimination, victimisation, and harassment on the grounds of religion or belief unlawful.

It is not practical for everyone to become experts in the beliefs, rituals, traditions, and history associated with all world religions. This policy is intended to provide helpful and practical advice to employees and learners to ensure that no one is discriminated against on grounds of religion or belief.

Topaz Training & Development is committed to providing a respectful environment for anyone who may seek to give their religion or belief external expression. It acknowledges that religion is both belief and practice. All Topaz Training & Development employees and learners should respect the opinions and human rights of others.

It is equally important to recognise and respect those people holding atheistic or agnostic beliefs. Their religious views and religious non-practice are to be given an equivalent level of respect, and discrimination should not be made against them on religious grounds.

It is also important to remember that all beliefs (and none) are practiced by people from different backgrounds and traditions and with varying degrees of adherence.

What is “Religion or Belief”?

For the purposes of this policy, “Religion or Belief” is defined from a legal perspective rather than a philosophical one. The main legislation regarding Religion or Belief is the Employment Equality (Religion or Belief) Regulations 2003. Religion or Belief is not explicitly defined in these Regulations.

It will be for the courts to decide what is covered by the legislation. The courts will decide which particular groups would be protected by the legislation by considering the presence of the following:

• Collective worship
• A clear belief system
• A profound belief affecting the way of life or view of the world

For the purposes of the Topaz Training & Development policy, all major religions are covered, including the list detailed below:

• Baha’i
• Buddhism
• Christianity
• Hinduism
• Islam
• Jainism
• Judaism
• Paganism
• Rastafarianism
• Sikhism
• Zoroastrianism

This list is not exhaustive, and other religions or beliefs may also be included. Topaz Training & Development will consider the same criteria used by the courts if there are any disputes about what is considered a religion or belief for the purposes of this policy.

The policy also covers Humanists and those holding atheistic or agnostic beliefs.

If there is any dispute or concern about whether a particular religion or belief would be covered by this policy, the Director can provide further advice.

Practical Steps to Take

There is substantial diversity within and between religions and beliefs. It is not practical for everyone to become experts in the beliefs, rituals, traditions, and history associated with all world religions.

Treating people fairly means taking account of these differences rather than treating everyone the same. If you are unsure about a particular issue, ask the individual concerned.

There is no reason for them to be offended if your question is prompted by a genuine desire to make things right. Having a better understanding of their beliefs and practices will help you facilitate their adherence to them.

Requests/representations from people with less well-known religions or beliefs should be treated with the same sensitivity as those with more well-known or mainstream religions or beliefs.

Managing Staff – Dealing with Requests for Time Off Work

Requests for time off work that relate to religion or belief will usually fall into two categories: time off to attend prayers and time off to attend a religious festival.

When dealing with requests for time off, take the following into account:

• All staff, regardless of their religious belief or non-belief, are required to work in accordance with their contract.
• Managers should try, wherever it is reasonably practicable and subject to the needs of the service/school, to be flexible with work schedules and holidays for individuals wishing to observe religious festivals and holy days.
• Dates for some religious festivals are approximate as they are based on lunar observation and may change from year to year, or according to different doctrines or local customs. A religious calendar can be found at:

interfaith-calendar

• Managers should be prepared to make reasonable adjustments to working arrangements as long as they don’t cause undue disruption, to enable staff to participate in religious prayers or festivals. Such adjustments could include approving annual leave, time off in lieu, unpaid leave, use of flexitime, and/or flexible working arrangements.
• Sometimes there are religious obligations in relation to birth, coming of age, marriage, and death, which can vary according to religion, culture, and position in the family. Managers are encouraged to be sympathetic to requests on these grounds and try to accommodate them, wherever it is reasonably practicable to do so, subject to the needs of the service. Arrangements could also include those referred to in the previous bullet point.

Managing Learners – Dealing with Requests for Time Off Study

For learners who wish to observe the requirements of their religion and pray at certain times of the day or attend religious festivals:

• They should, wherever possible, fulfil their obligation to pray either before or after lectures/classes.
• Missed learning opportunities resulting from participation in prayer and religious festivals must be made up by the learner.
• Handouts for lectures normally distributed in class should be made available to the learner.

Organising Catered Events

Shared food and hospitality play an important part in many religions. However, because certain foods are forbidden in certain religions, catering to accommodate everyone’s needs can be complex. The following guidance may be helpful when organising events at which food and drink are available:

• It is good practice to ask attendees if they have any special dietary requirements in advance. You can discuss their requirements in detail if necessary.
• Careful labelling of all dishes will help to avoid anxiety about accidentally eating forbidden foods.
• The best way to cater for a multi-faith event so that the maximum number of people can share in the food is to make it fully vegetarian, with some vegan options, and to label each dish.
• For strictly Orthodox Jews, it may be necessary to bring in separate meals that have been prepared in a kosher kitchen. Kosher foods include kosher wine, bread, and cheese as well as meats. Such food and drink are marked with a hechsher (seal) that certifies it is kosher. NB: kosher law requires separate plates for dairy and meat food.
• Muslims will wish that, ideally, their food has been prepared in a kitchen where the utensils and contents have not been in contact with haram (forbidden) food. However, most Muslims are primarily concerned to ensure that any meat served is halal (permitted and slaughtered in accordance with Islamic law) and are generally happy to eat vegetarian food that has no animal fat or by-products used in its production.

When organising work functions and social events, especially catered events related to work, try to consider potential conflicts between a member of staff’s religious beliefs and his/her ability to engage in social activities related to work.

In many faiths, the consumption of alcohol is forbidden, and there are also periods of fasting. Consideration should be given to a wide range of activities that will be inclusive for everyone. For example, checking that catered social events do not occur during Ramadan if there are Muslim members present.

Fasting

Try to be considerate when other employees are observing a fast and consider how you can support them. However, be careful not to place unreasonable extra burdens upon other workers that could cause conflict or claims of discrimination.

Employees observing a fast may request reduced lunch breaks. These requests should be considered, bearing in mind the legal minimum of a twenty-minute break for every six hours worked.

Dress

Topaz Training & Development does not operate a formal dress code, and the organisation acknowledges that some people will wish to wear religious dress (including, for example, turbans, skullcaps, hijabs, the Sikh five Ks, and clerical collars).

The wearing of religious dress is permitted provided it is consistent with the organisation’s pursuit of its legitimate aims. Where a person is required to wear overalls, protective clothing, or uniforms, sensitivity and flexibility should be shown, and efforts made to accommodate the wearing of religious dress safely.

There are some circumstances where the wearing of religious dress by learners is discouraged by external bodies. Where this is the case, learners are expected to adhere to the dress codes and any local policies adopted by organisations in which they are working or studying.

Differences in Style of Communication

In some religions, followers may be expected to follow different rules with regard to their communication with others, for example, depending upon their gender—such as how you address a person, whether or not you shake hands, or make eye contact.

Agree with the individual how they should be addressed and how they should address you. If you are not sure about any of these issues, ask the individual concerned and try to agree on an approach that is mutually acceptable.

Language

Our workforce and learner base is diverse. We need to make sure that our language is relevant and sensitive. Be aware that using the name of a particular God as a swear word can and will cause offence to some.

Recruitment & Selection

Interview questions should be asked to check for skills and competences needed for the post.

Job interviews should not contain any questions enquiring about religious affiliation or questions designed to reveal if religious requirements might conflict with workplace routines or schedules*.

If there is a need to specify the requirements of the job in relation to hours of work and any out-of-hours arrangements, these should be made clear to all learners, and they should all be asked if they are able to comply.

Shaking hands upon meeting interviewees or after an interview is commonly practised in the UK. However, some people may find shaking hands unacceptable because of their religion or belief.

To avoid any embarrassing exchanges with learners, you could simply ask their permission to shake their hand. Remember that interviews are a daunting experience for any learner, and an embarrassing or inappropriate exchange immediately prior to the interview could undermine their performance.

If learners choose not to shake your hand, it should in no way affect the decision-making process.

Freedom of Speech

The Code of Practice does not stifle lawful, legitimate criticism of, or debate about, a religion or belief for academic purposes. However, it does take into account other legal obligations; for example, incitement to racial hatred would transgress the bounds of lawful speech.

Harassment

Harassment of any member of the community or visitors on grounds of religion or belief is not to be tolerated, nor is trying to justify harassment on grounds of gender, ethnicity, or sexual orientation.

The following behaviours are also unacceptable:

• Harassment because of a person’s religious beliefs or non-belief.
• Using religion to justify harassment on the grounds of gender, ethnicity, or sexual orientation.
• Coercion of others to comply with the requirements or doctrine of a religion, faith, or belief system, or a particular interpretation of a religion, faith, or belief system.
• ‘Outing’ (revealing a person’s religion or belief without their consent, usually in public).
• A person being told that they could not make their religious affiliation known when it is a key part of their identity.

Where Can I Make a Complaint or Claim Discrimination?

1. A complaint may be made in writing to Topaz Training & Development, whereby it will be allocated a unique reference number, and within 2 working days of receipt, acknowledgement will be sent indicating the person within Topaz Training & Development who will be dealing with the complaint. (See Complaints Procedure)
2. Your complaint will then be investigated, and a reply sent within 10 working days detailing the findings.
3. Should you feel unhappy with the response provided by Topaz Training & Development, you can appeal in writing to the Managing Director, who will acknowledge receipt of your request within 2 working days.
4. A re-investigation will then commence, and all decisions will be reviewed. The findings will then be communicated in writing up to 28 days from acknowledgement of receipt of the appeal.
5. Referral to higher orders, such as Awarding Bodies and the Learning & Skills Council, will only commence should the findings of the Director’s investigation be deemed unsatisfactory. Topaz Training & Development will then abide by the procedures identified by the appropriate higher order.

Monitoring & Review

All received complaints will be reviewed on a quarterly basis by Topaz Training & Development. As part of the Senior Quality Review Meetings, the number of complaints logged and any observable trends will be discussed in detail, and an appropriate plan of action to rectify the situation will be created.

Race Equality Policy

Topaz Training & Development aims to promote race equality in all its operations, to celebrate the diversity of its staff and learner populations, and to prevent unlawful race discrimination.

Monitoring & Review

The Race Relations Amendment Act, enacted in April 2001, placed new duties on public bodies, including higher education institutions, to prevent discrimination and promote good race relations between different groups. There is now a statutory obligation for Topaz Training & Development to have a Race Equality Policy and for progress on its implementation to be assessed in consultation with those most affected by it and published annually.

Progress on race equality within higher education has become increasingly important for a number of reasons:

1. The 1997 Dearing report recommended, “all institutions should identify and remove barriers that inhibit recruitment and progression for particular groups” and monitor and publish the progress towards turning equal opportunities commitments into realities within Higher Education.
2. The report ‘Ethnicity and Employment in Higher Education’ (Modood et al, 1997, of the Policy Studies Institute) summarised the findings of the most comprehensive survey to date examining the position of black and minority staff in academic and related employment and the existence and outcome of racial equality policies in Higher Education Institutions. Some of the main findings of the report are summarised in Note 1 of the Appendix to this policy.
3. The report on the Inquiry into the Death of Stephen Lawrence, published in 1999, identified institutional racism as a common feature of most public institutions, including educational establishments. It reiterated that all educational establishments are expected to create effective learning environments where racial differences are seen positively, where negative stereotypes and harassment are challenged, and teaching materials are free from discrimination and stereotyping.

Purpose of the Race Equality Policy

The purpose of this policy is to promote diversity, fairness, justice, and equality of access and opportunity, identify any barriers to progress, expose inequalities and their underlying causes, and take remedial and preventative action.

The creation of a Race Equality Policy will assist Topaz Training & Development to identify its aims and aspirations for racial equality and how this will be achieved, at an individual and corporate level.

This policy sets out Topaz Training & Development’ existing commitments and priorities for the coming year, after which progress will be reviewed, and also identifies longer-term goals for the next four years.

Topaz Training & Development is reviewing its Equal Opportunities Policy, of which race equality is an integral part. This Race Equality Policy and Topaz Training & Development’ Equal Opportunities Policy are intended to complement each other.

Definitions of Racism

Topaz Training & Development recognises that opposing race discrimination necessitates an acceptance of the existence of racism within society, an understanding of how it operates, and the knowledge, ability, and confidence to challenge this in oneself and others, and within the system and culture in which we live and work.

Racism is a complex phenomenon. It is prejudice combined with power that informs attitudes and actions (not necessarily consciously), which can then become embedded in organisational structures and which subordinates or excludes a person or group because of their colour, culture, race, nationality, or ethnic differences.

The manifestation of racism is complex because prejudice and stereotyping can take different forms when applied to different groups. Racism can be both personal and institutional, overt or subtle, intentional or unintentional. The Stephen Lawrence Inquiry defined institutional racism as:

“The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin. It can be seen, or detected in processes, attitudes, and behaviour, which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping, which disadvantage minority ethnic people.”

The charge of institutional racism does not mean that all or most of an institution’s members or leaders are racist; rather, it describes the environment in which cultural, institutional, professional, and traditional assumptions, practices, and structures (both formal and informal) can create the context in which discrimination occurs.

This is demoralising and oppressive for minority ethnic people and has effects similar to discrimination, even where acts of blatant discrimination are rare.

A noteworthy, although by no means exhaustive, list of manifestations of institutional racism is detailed in Note 2 of the Appendix to this policy.

Topaz Training & Development was founded on libertarian principles and freedom from prejudice. Success in education has not always led to success in the labour market for black and minority ethnic people, but in taking action for equal opportunities and race equality in both employment and the provision of education, Topaz Training & Development aims to achieve a true meritocracy.

Topaz Training & Development is committed to:

1. Monitoring by racial group, admission, and progress of learners and the recruitment and career progression of staff.
2. Assessing the impact of its policies, including its Race Equality Policy, on learners and staff of different racial groups, identifying and addressing any inequalities and disadvantage.

Implementation of the Policy

1. A complaint may be made in writing to Topaz Training & Development, whereby it will be allocated a unique reference number, and within 5 working days of receipt, acknowledgement will be sent indicating the person within Topaz Training & Development who will be dealing with the complaint.
2. Your complaint will then be investigated, and a reply sent within 21 working days detailing the findings.
3. Should you feel unhappy with the response provided by Topaz Training & Development, you can appeal in writing to the Managing Director, who will acknowledge receipt of your request within 5 working days.
4. A re-investigation will then commence, and all decisions will be reviewed. The findings will then be communicated in writing up to 28 days from acknowledgement of receipt of the appeal.
5. Referral to higher orders, such as Awarding Bodies and the Learning & Skills Council, will only commence should the findings of the Director’s investigation be deemed unsatisfactory. Topaz Training & Development will then abide by the procedures identified by the appropriate higher order.

Monitoring & Review

All received complaints will be reviewed on a quarterly basis by the Managing Director and the Quality & Compliance Coordinator. As part of the Senior Quality Review Meetings, the number of complaints logged and any observable trends will be discussed in detail, and an appropriate plan of action to rectify the situation will be created.

Appendix

Note 1

The report ‘Ethnicity and Employment in Higher Education’ (Modood, Fenton, and Carter, 1999, of the Policy Studies Institute) has been the most comprehensive survey to date examining the position of black and minority staff in academic and related employment. Some of the major findings were as follows:

1. There has been less progress on ensuring racial equality in higher education in the last few years than in sex equality.
2. Black and ethnic minority learners make up an increasing proportion of learners, and yet this is not reflected in the makeup of teaching staff or those in senior administrative posts. Staff classifying themselves as Bangladeshi, Pakistani, Black Caribbean, and Black ‘Other’ are significantly underrepresented in academic posts.
3. Nationally, minority ethnic groups are over-represented in fixed-term research posts. One in four black and minority ethnic academics said they had experienced discrimination in job applications and promotions and also experienced isolation and lack of support. One in five said they had experienced racial harassment or abuse from staff or learners. Minority ethnic academics with nine or more years of service are only about half as likely to be professors as their white peers. The position of minority ethnic women, especially non-British women, is the most disadvantaged.
4. There have been a number of well-publicised successful Employment Tribunal cases involving academic staff alleging racial discrimination against Higher Education Institutions in the last few years.

Note 2

Some common manifestations of institutional racism, which are important to note, are:

1. ‘It doesn’t happen here’—a denial of the possibility of discriminatory practice within an institution in the absence of accurate data, or without consulting those most likely to be on the receiving end of discrimination, or a refusal to accept such findings.
2. A ‘colour blind approach,’ which treats everyone the same and which does not acknowledge or address the differing needs of black and minority staff and therefore potentially marginalises their perspective.
3. Abdication of one’s personal responsibility for tackling racism by not challenging others’ behaviour or attitudes, as ‘it does not directly affect me,’ or for fear of unpopularity or reprisals.
4. Failing to incorporate race issues within day-to-day practice, procedures, and mainstream activity.
5. Lack of awareness and understanding about how structures and individuals unwittingly perpetuate racism, without attempting to attend training, or to be self-aware about one’s own assumptions, behaviour, and attitudes, or to acquire new knowledge and act on it.
6. Under-representation of specific groups within the organisation, particularly at a senior and influential level, the absence of a ‘minority’ perspective on key decision-making bodies and fora.
7. A belief that there are no barriers within the institution and/or insufficient recognition of discrimination at an earlier educational level, i.e., a lack of awareness that the playing field is not level. The assumption that setting targets for black and ethnic minority staff will entail lowering standards or no longer appointing on merit.
8. A weak commitment in practice to implementing the policies that institutions subscribe to on paper.

Review of Policy Statement

This procedure will be reviewed at minimum on an annual basis, or when necessary, by the Managing Director of Topaz Training & Development and the Quality & Compliance Coordinator.

Contact Information

Tel: 07967 299102
Email: mark@trainwithtopaz.co.uk
Web: www.trainwithtopaz.co.uk