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Equal Opportunity
Policy
Statement Of Intent
Equal Opportunities
Statement
Solihull Mind
are positively committed to opposing discrimination against people
on the grounds of race, colour, religion, gender, class, age, disability,
marital status, sexual orientation, their trade union activities,
unrelated criminal convictions, because they have dependants, or
because they have been, or are, in contact with, mental health services.
We welcome the
enrichment and cultural diversity that follow as a consequence of
this policy. We acknowledge that we have a duty - both moral and
legal - to ensure that we are not unfairly discriminating in our
employment or management practices, or in the services we provide
for people with mental health problems.
The aim of Solihull
Mind's Equal Opportunity Policy is to ensure that anybody who expresses
an interest in working for the organisation (either paid or voluntary),
is not discriminated against on the grounds race, ethnicity, culture,
sex, marital status, HIV status, disability, age or sexual orientation;
and that the people Mind works with are similarly not discriminated
against, and furthermore are involved in the development of the
policies and services of the organisation.
The measures
outlined below are the means by which Solihull Mind aims to combat
discrimination in its employment practices, in its services, and
in the role of the Management Committee.
Appendix 6 contains
information on relevant Legislation and types of unfair discrimination.
This policy
applies to everyone who use our services as well as those providing
them.
Accessibility
The office location,
and venues for meetings, events etc. will be accessible to people
with a physical disability.
Recruitment, selection and induction
1. Staff
To ensure that
prospective employees are not discriminated against and are recruited
and selected on the basis of their merits and abilities, mandatory
procedures for advertising and selection will be followed. The procedure
is attached as Appendix 1. An outline of individual employees responsibilities
is attached as Appendix 2.
2. Volunteers
In recruiting
volunteers all attempts will be made in terms of advertising etc.,
to encourage applications from all sections of the community.
All applicants
will be subject to the standard recruitment procedure detailed in
Appendix 3.
3. Selection
and Induction
Solihull Mind
aims to offer a comprehensive induction and training programme to
new volunteers; there will also be an opportunity for additional
'specialised' training should this be required.
Volunteers
will be made aware of the Equal Opportunity Policy as part of their
induction and training programme.
Volunteers
will need to demonstrate that they are committed to the principles
and philosophy of Solihull Mind and their Equal Opportunities Policy
(see appendix 4.)
The role of the management committee
1. Members of
the management committee will be expected to be fully committed
to the principles and philosophy of Sollihull Mind (see appendix
4).
2. Members of
the management committee will be responsible for ensuring the implementation
and monitoring of the Equal Opportunity Policy.
3. The composition
of the management committee should reflect the Equal Opportunity
Policy.
4. A statement
clarifying the expectations of the role of a management committee
member is attached at Appendix 5.
This policy
will be reviewed bi-annually unless new information requires an
earlier review.
Appendix 1
Staff recruitment
procedure
1. Staff vacancies
will be advertised as widely as possible to encourage applicants
from all sections of the community.
2. Advertisements
will contain the statement; "Solihull Mind strives to be an
equal opportunities employer and welcomes applications from people
with personal experience of mental health problems".
3. For each
vacancy a job description and person specification will be drawn
up.
4. The selection
panel members will include a service user and will all have been
trained in equal opportunities and the recruitment procedure.
5. Each applicant
should receive:
a) an application
form
b) job description
c) information about Solihull Mind and the project in general
d) a copy of the equal opportunity policy
e) a copy of our Aims and Philosophies
f) a copy of CRB check information
g) a copy of our monitoring information
6. All applications
will be assessed against the person specification using a defined
scoring system, and the shortlist will be drawn up on this criteria
alone.
7. Interviews
will be designed to:
a) assess candidates'
ability/suitability for the specific job
b) gain an insight into the candidates' personality
c) provide an opportunity for the candidate to gain further information
about the job and working conditions.
8. The interview
panel will ask comparable questions of each candidate, and will
not ask irrelevant or discriminatory questions. Where appropriate
the question may take the form of a scenario.
9. A record
will be kept of each selection process (short listing and interviewing),
and the final decision reached on the basis of the criteria laid
down in the person specification.
10. All employees
will receive a written letter of offer of employment and a contract
of employment.
11. All unsuccessful
candidates will be given the opportunity for feedback.
12. The above
procedure will be reviewed as required and is taken in conjunction
with Mind's Model Code of Good Practice in Recruitment and Selection.
Appendix
2
Individual
employees' responsibilities
While the prime
responsibility rests with Solihull Mind for ensuring that there
is no unlawful discrimination, individual employees also have certain
responsibilities - individual attitudes and activities are of crucial
importance.
In particular,
individual employees must:
Co-operate with
measures introduced by the Local Director/Executive Committee to
ensure equal opportunity and non-discrimination.
Inform the Local
Director/Chairperson if they suspect that discrimination is taking
place or where Mind's policy is not being adhered to.
Individual employees
must not:
Discriminate
directly or indirectly; for example, as supervisors or managers,
or as persons responsible for selection decisions in recruitment,
promotion, transfer, or training etc.
Induce, attempt
to induce, or put pressure on other employees, trade unions/staff
associations or managers to practise unlawful discrimination.
Victimise, or
attempt to victimise, individuals on the grounds that they made
complaints, helped others who made complaints, or provided information
on discrimination.
Harass, abuse,
or intimidate other employees or people using our services on the
grounds of their race, sex, or disability.
Appendix 3
Recruitment
procedure for volunteers
1. All potential volunteers will be expected to complete a standard
application form. Staff will be able to assist in completion of
this form, if required.
2. As well as
requesting personal details for record purposes, the application
form will also attempt to establish why a person is interested in
becoming a volunteer.
3. The application
form will ask for the names and addresses of two people who can
be approached for references and we will request an Enhanced CRB
check. Unless there are extenuating circumstances, voluntary work
will not commence before these are received.
4. All potential
volunteers will undergo an induction/training period with the relevant
staff member. The nature and extent of this training will vary according
to the individual concerned.
5. At the end
of this induction/training, a volunteer will be asked to endorse
the philosophy and principles of Solihull Mind.
6. If at any
point during the recruitment process, the staff member (if necessary
with the support of the management committee) makes the judgement
that a person is not suitable to become a volunteer, then that applicant
may be rejected.
7. This procedure
in no way detracts from the Equal Opportunity Policy.
Appendix 4
Aims and
Philosophies
The overall
aim of Solihull Mind is to promote the interests of, and provide
support to, people with mental health problems.
Mind believes
that people who have mental health problems have the same rights
as any other person; that they should not be disadvantaged or subject
to prejudice and should have the right to live an ordinary life
in the community with the necessary support and care to ensure fulfilment
and independence.
Mind also believe
that people who use mental health services should be fully involved
in the planning and delivery of those services.
Aims and Objectives.
To promote Mental
Health and to foster and encourage greater understanding of mental
health problems.
To encourage
and aid the development of good quality voluntary and statutory
mental health services.
To represent
the concerns and common interests of users of services and their
families.
Philosophies.
Those people
who are labelled, treated or diagnosed as "mentally ill"
have the same rights as any other person and should not be disadvantaged
or subject to prejudice.
Mind recognises
the value of people with experience of mental health problems and
wishes to listen and learn from them.
Mind seeks to
foster and enable user consultation and participation in the planning
and delivery of mental health services.
Service Principles
Services should
be provided in appropriate and valued settings, and wherever possible,
incorporated into mainstream facilities.
Services should
reflect the fact that each person is an autonomous individual with
the right to self determination.
Each person
has the right to make informed decisions about their life. This
should be encouraged, and services should allow people to take part
in decisions about the facilities they use.
Services should
be age-appropriate, and treat people with dignity, respect, and
in a way which encourages self confidence and esteem
Services should
reflect the needs of the individuals using them rather than the
service providers.
Services should
be provided in a way which enables and empowers people rather than
restricts and controls them.
Appendix 5
Expectations
of the role of a management committee member
1. Before being confirmed as a member of the management committee,
the philosophy and guiding principles of Solihull Mind (appendix
3) must be endorsed.
2. Within the
management committee, there will be a nominated chairperson, treasurer,
and secretary, who will perform the tasks expected of these officers.
3. Members will
be expected to demonstrate their continued support for Solihull
Mind by attending at least half of the scheduled Executive meetings
in any year, and in event should not miss more than three consecutive
meetings. Where members miss three consecutive meetings, and/or
fail to attend half the scheduled meetings, their membership will
cease: where there are extenuating circumstances it is at the discretion
of the management committee to decide otherwise.
4. The procedures
under which the management committee operates are outlined in Solihull
Mind's constitution.
5. Members of
the management committee will be asked to support the Local Director
in the work s/he undertakes for Solihull Mind , assuming that this
is appropriate and within the terms of her/his job description.
6. The Local
Director will report to each meeting of the management committee.
The Local Director will use this mechanism to request the support
of members on particular items.
Where members
have items for the agenda, these should be forwarded to the Local
Director and/or chairperson for inclusion.
7. The continuing
funding of Solihull Mind is the concern of the management committee
as a whole. Members will therefore be responsible for ensuring that
appropriate bids for funding are made.
8. Members of
the management committee are encouraged to visit the office of Solihull
Mind, and to spend time with the staff.
9. The Local
Director will undertake to keep members informed of new initiatives
in the area of mental health.
10. Members
will be expected to attend, where possible, Solihull Mind's training
days, or other conferences and seminars of interest.
11. The size
of the management committee is laid down in the constitution. Any
suggestions for new members should be discussed by the members,
before any formal invitation is issued.
Appendix 6
Legislation
and Unfair Discrimination
Legislation
1. Sex Discrimination
Act, 1975 (and its Amendments, 1986, 1999).
This Act makes
it unlawful to discriminate directly or indirectly (see Section
5) on the grounds of sex or marital status or to apply requirements
or conditions which have a disproportionately disadvantageous effect
on people of a particular sex or marital status where these cannot
be justified. It also applies to discriminatory employment advertising
and makes it unlawful to apply pressure to discriminate or to aid
discrimination by another person. The 1999 Amendment prohibits discrimination
in employment and vocational training on grounds of gender reassignment.
2. Race Relations
Act 1976, Amendment 2000.
This Act makes
it unlawful to discriminate directly or indirectly on the grounds
of colour, race, nationality (including citizenship), or ethnic
or national origin, or to apply requirements or conditions which
have a disproportionately disadvantageous effect on people of a
particular racial, group and which cannot be justified on non-racial
grounds. It also applies to discriminatory employment advertising
and makes it unlawful to apply pressure to discriminate or to aid
discrimination by another person.
The 2000 Amendment
strengthens the 1976 act by extending protection against racial
discrimination by public authorities (this also includes those carrying
out their functions ,such as ourselves); and it also places an enforceable
positive duty on public authorities to tackle institutional racism
and promote racial equality (this part of the act implemented in
May 2002 does not apply to voluntary bodies such as ourselves).
3. Equal Pay
Act, 1970 (and its Amendments)
This Act established
the right of women and men to equal treatment in relation to contractual
terms and conditions of employment when they are employed on the
same, or broadly similar, work, or work of equal value.
4. The Disability
Discrimination Act 1995
This act makes
it unlawful to discriminate against people with disabilities in
employment and in the provision of goods and services. In addition
to preventing employers from treating disabled people less favourably,
the act also puts a duty on employers to make reasonable adjustments
to enable a disabled person to carry out their employment. Although
the employment part of the act does not apply to employers with
less than 20 employees, such employers are encouraged to follow
the good practice guidelines.
5. The Chronically
Sick and Disabled Persons Act and its Amendments
These Acts impose
obligations on employers to provide access to premises and facilities
for people with disabilities.
6. The Rehabilitation
of Offenders Act, 1974 (and Exceptions Orders and Amendments)
This Act provides
that if a convicted person completes a specified period without
being convicted of further offences the conviction can be regarded
as "spent". These sentences then do not have to be revealed
and may not be used as grounds for exclusion from employment or
promotion. However, certain occupations are not covered by the Act.
If the work involves direct contact with people who are receiving
a health service, then applicants must disclose any convictions
they might have.
The nature of discrimination
There are four
main forms of unfair discrimination:
Direct discrimination
occurs when a person is treated less favourably on the grounds of
race, colour, nationality, ethnic origin, sex, marital status, sexual
orientation, responsibility for dependants, age or disability.
Indirect discrimination
arises where a requirement or a condition although applied equally
to the groups above, excludes or treats less favourably any of these
groups and cannot be shown to be justifiable; for example, a height
requirement excludes more women than men, or a requirement to wear
skirts and not trousers which disadvantages some ethnic minority
females, or a language requirement higher than the job requires.
Victimisation
results when a person is given less favourable treatment than others
because:
he/she has exercised
his/her rights under this policy or legislation; for example, by
making a complaint concerning discrimination or assisting others
who have made a complaint.
Harassment is
any behaviour, deliberate or otherwise, directed at someone which
they find offensive and that might threaten that employee's job
security or create an intimidating environment.
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