Equal Opportunities and Anti-Bullying Policy

Published by N4 Gas Limited
Last edited/reviewed on Wednesday 10th Jul 2024

General statement of intent: Equality, Diversity & Anti-Bullying

N4 Gas Limited is committed to eliminating discrimination and encouraging diversity amongst our workforce so that each employee feels respected and able to perform to the best of their abilities.  We acknowledge and promote the differences between individuals and value a the diverse contribution of skills, abilities and experience that can be offered with a diverse workforce.

To that end, the purpose of this policy is to provide equality and fairness for all in our employment and business operations, and not to discriminate on the grounds of gender, marital status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion, or age.

We oppose all forms of unlawful and unfair discrimination.

It is our policy to ensure that all members of the public, business partners, and all employees, whether part-time, fulltime, or temporary, will be treated fairly and with respect.

Selection for employment, promotion, training, or any other benefit will be based on aptitude and ability. All employees will be helped and encouraged to develop their full potential, and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the organisation.

The director of the company commits to:

  • Creating an environment in which individual differences and the contributions of all our staff are recognised and valued.
  • Providing employees with a working environment that promotes dignity and respect to all where no form of intimidation, bullying or harassment will be tolerated.
  • To make training, development, and progression opportunities available to all staff.
  • Recognise that equality in all aspects of our activity is good management practise and makes sound business sense.
  • Review all our employment practices and operational procedures to ensure fairness on an annual basis.
  • Ensure that the practice observes as far as possible all relevant codes of practice and complies with its obligations under current regulations, legislation and what the company believes to be a best and fair practice.
  • Taking all required steps to eliminate all workplace bullying.

Breaches of our equality policy will be regarded as misconduct and will lead to disciplinary proceedings.

Policy Statement

N4 Gas Limited is committed to achieving a working environment which provides equality of opportunity and freedom from unlawful discrimination on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.

The aim of this policy is to:

  • Remove unfair and discriminatory practices within the Company and to encourage full contribution from its diverse community. N4 Gas Ltd is committed to actively opposing all forms of discrimination.
  • Ensure employees are provided with a working environment that promotes dignity and respect to all. No form of intimidation, discrimination, bullying or harassment will be tolerated.

N4 Gas Limited also aims to provide a service that does not discriminate against its clients and customers in the means by which they can access the services and goods supplied by the company. The company believes that all employees and clients are entitled to be treated with respect and dignity.

Policy Objectives

  • To prevent, reduce and stop all forms of unlawful discrimination in line with the Equality Act 2010.
  • To ensure that recruitment, promotion, training, development, assessment, benefits, pay, terms and conditions of employment, redundancy and dismissals are determined on the basis of capability, qualifications, experience, skills and productivity.

Discrimination

Definition of Discrimination

Discrimination is unequal or differential treatment which leads to one person being treated more or less favourably than others are, or would be, treated in the same or similar circumstances on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.

Types of Discrimination & Unfair Treatment

Direct discrimination

This occurs when a person or a policy intentionally treats a person less favourably than another on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.

Indirect discrimination

This is the application of a policy, criterion or practise which the employer applies to all employees, but which is such that:

  • It is it detrimental to a considerably larger proportion of people from the group that the person the employer is applying it to represents.
  • The employer cannot justify the need for the application of the policy on a neutral basis; and
  • The person to whom the employer is applying it suffers detriment from the application of the policy.

Example: A requirement that all employees must be 6ft tall if that requirement is not justified by the position would indirectly discriminate against employees with an oriental ethnic origin, as they are less likely to be able to fulfil this requirement.

Bullying

This occurs when unwanted behaviour from another person or group is either:

  • Offensive, intimidating, malicious or insulting.

An abuse or misuse of power that undermines, humiliates or causes physical or emotional harm to a person or group of persons.

Harassment

This occurs when a person is subjected to unwanted conduct that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation

This occurs when a person is treated less favourably because they have bought or intend to bring proceedings, or they have given or intend to give evidence.

Unlawful reasons for discrimination

Gender

It is not permissible to treat a person less favourably on the grounds of sex, marital status, civil partnership, pregnancy or maternity, gender reassignment or transgender status. This applies to men, women and those undergoing or intending to undergo gender reassignment. Sexual harassment of men and women can be found to constitute sex discrimination.

Example: Asking a woman during an interview if she is planning to have any (more) children constitutes discrimination on the ground of gender.

Age

It is not permissible to treat a person less favourably because of their age. This applies to people of all ages. This does not currently apply to the calculation of redundancy payments or those undertaking modern apprenticeships where funding is being applied for.

Disability

It is not permissible to treat a disabled person less favourably than a non-disabled person. 

Reasonable adjustments must be made to give the disabled person as much access to any services and the ability to be employed, trained, or promoted as a non-disabled person.

We appreciate that due to the physical nature of some of the roles, it may not always be possible to facilitate this throughout all duties within the business.

Ethnicity

It is not permissible to treat a person less favourably because of their race, the colour of their skin, their nationality or their ethnic origin.

Sexual orientation

It is not permissible to treat a person less favourably because of their sexual orientation. 

For example, an employer cannot refuse to employ a person because they are homosexual, heterosexual or bisexual.

Religion or other beliefs

It is not permissible to treat a person less favourably because of their religious beliefs or their religion or lack of any religion or belief.

Recruitment

Under the Equality Act 2010, positive action in recruitment and promotion applies as of 6 April 2011. ‘Positive action’ means the steps that the Company can take to encourage people from groups with different needs or with a past record of disadvantage or low participation, to apply for positions within the Company.

If the company chooses to utilise positive action in recruitment, this will not be used to treat people with a protected characteristic more favourably. It will be used only in tie-break situations when there are two candidates of equal merit applying for the same position.

Reasonable adjustments

N4 Gas Ltd has a duty to make reasonable adjustments to facilitate the employment of a disabled person. These may include:

  • Making adjustments to the premises we own.
  • Re-allocating some, or all of a disabled employee’s duties.
  • Transferring a disabled employee to a role better suited to their disability
  • Providing a disabled employee paid leave for medical treatment or rehabilitation.
  • Providing additional training or mentoring for a disabled employee.
  • Supplying or modifying equipment, instruction and training manuals for disabled employees, or
  • Any other adjustments that the company considers reasonable and necessary provided such adjustments are within the financial means of the company.

If an employee has a disability and feels that any such adjustments could be made by the company, they should contact the Designated Officer (Details at the bottom of this document).

Responsibility for the implementation of this policy

All employees, subcontractors and agents working on behalf of N4 Gas Limited are required to act in a way that does not subject any other employees or clients to direct or indirect discrimination, harassment or victimisation on the grounds of their race, sex, pregnancy or maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.

The co-operation of all employees is essential for the success of this Policy. Senior employees are expected to follow and promote this policy and to try to ensure that all employees, subcontractors and agents do the same.

Employees may be held independently and individually liable for their discriminatory acts by the company and in some circumstances an Employment Tribunal may order them to pay compensation to the person who has suffered as a result of discriminatory acts.

N4 Gas Limited takes responsibility for achieving the objectives of this policy, and endeavours to ensure compliance with relevant legislation and Codes of Practice.

Grievance Procedure

The company has produced and will maintain both a formal and informal grievance procedure for members of staff should they encounter or have any concerns regarding discrimination within the workplace or environment that the company can exert influence.

This policy along with all of it's resources are accessible via the company internal software.

Should a client, customer or member of the general public wish to raise a concern or grievance with the company then they should do so in writing by to the Designated Officer (As detailed at the bottom of this document).

All matters of grievance will be handled with the strictest of confidentiality.

Employees engaging in discriminatory conduct.

Behaviour or actions found to be contrary to this policy and the general spirit of the laws on which it is based will be considered to be serious disciplinary matters. In the most severe of cases, the employee responsible may face dismissal. Any such employees will have the right to appeal against such a summary dismissal by following the companies grievance procedure.

Discrimination leads to an unpleasant and non-productive work environment. No employee has the right to discriminate against another. If an employee is executing company policy that may be indirectly discriminatory, the company will not normally hold the employee responsible for any negative effects of that policy. Employees should inform the Designated Officer if they become aware of any discriminatory effects that a policy may have at the earliest opportunity.

If a grievance is received by the company that cites the actions of an employee have been discriminatory against another member of staff, the company will deal with the breach of policy through the Disciplinary Procedure.

If it is decided that there is a disciplinary case to answer N4 Gas Limited will provide the employee with a written notice informing them that this constitutes the first stage of the Formal Disciplinary procedure and as such outline:

  • The alleged misconduct and any possible consequences.
  • Details as to the time and venue of the disciplinary meeting.
  • Notice of the employee’s statutory right to be accompanied if the meeting could result in a formal warning, the confirmation of a warning or the taking of some other disciplinary action. (This statutory right can be exercised once the employee has made a reasonable request to be accompanied). The employee’s chosen companion will be able to address the meeting to put or sum up the employee’s case as well as confer with the employee during the meeting. They may not, however, answer questions on the employee’s behalf, address the meeting if the employee does not wish them to do so or prevent the Company from explaining their case. The companion can be a fellow employee, trade union representative or an official employed by a trade union.

The meeting will be scheduled in order to give the employee a reasonable time to prepare for the meeting.

N4 Gas Limited will establish the facts before the meeting by collecting documents, identifying any relevant people to interview and taking statements before memories start to fade. Any requests for anonymity and confidentiality will be taken seriously.

Where the company or an employee intends to call relevant witnesses, they should give advance notice to the other party that they intend to do this. It may also be appropriate to provide copies of written evidence including any witness statements.

The employee may offer a reasonable alternative time and date. If the employee repeatedly fails to attend rearranged meetings, the Company, taking into consideration any reasons and concluding that such failure is without good cause, is free to decide upon the matter using the evidence available. N4 Gas Limited will inform the employee about such a decision in writing.

A record of this written notice will be disregarded after 12 months, subject to satisfactory conduct.

Meeting

N4 Gas Limited will explain the complaint against the employee and go through any relevant evidence. The employee will then be given the opportunity to present their own evidence, answer any allegations, ask questions and call relevant witnesses.

If N4 Gas Limited is unable to attend the meeting, such a delay should be conveyed to the employee at the earliest opportunity, and a reasonable alternative should be provided to the employee.

Where possible, a manager who did not carry out the investigation will attend the meeting.

Meeting outcome

If N4 Gas Limited finds there has been no misconduct, the employee will be informed of this in writing.

Types of disciplinary action

First Formal Warning

If misconduct is confirmed, N4 Gas Limited will issue a written warning setting out the complaint and stating that further misconduct will result in a final written warning. This letter will include details as to the improvement required, timescales for such improvement and details of any help that will be made available. A record of this warning shall be kept for 12 months and shall be disregarded thereafter subject to satisfactory conduct.

Final Formal Warning

If the misconduct is sufficiently serious or there has been further misconduct since a previous formal warning N4 Gas Limited may issue a final written warning. This will give details of the complaint and nature of the misconduct, the improvement required, the timescale for such improvement and details of any help available. It will also warn that failure to improve may lead to dismissal or some other contractual penalty, e.g. demotion. A copy of this written warning will be kept on file and will be disregarded for disciplinary purposes after 12 months subject to satisfactory conduct.

Dismissal /Other types of disciplinary action

If there has been further misconduct since a final written warning N4 Gas Limited may dismiss the employee or take some other action short of dismissals such as demotion or disciplinary suspension. The employee will be provided with, in writing, the reasons for dismissal/or other action, the date on which the employment will terminate (if dismissed), and their right to appeal, as soon as reasonably practicable. The dismissal decision should only be taken by a manager who has the authority to do so.

Dismissal Without Notice

If N4 Gas Limited finds that there has been gross misconduct, the company may call for dismissal without notice, the company will follow a fair disciplinary procedure before taking any decision to dismiss without notice, and this will be confirmed in writing.

An appeal against disciplinary action

Employees have the right to appeal against any formal disciplinary action. An appeal should be made in writing within 5 working days of the disciplinary decision.

The employee must inform the company as to the grounds for appeal in writing and may be accompanied to the appeal meeting.

N4 Gas Limited will hear the appeal without unreasonable delay and instruct an independent 3rd party with experience in employment to review the case thoroughly.  N4 Gas Limited will not permit a hearing to be heard internally without review of the matter by an independent party.

The outcome of the appeal will be confirmed in writing within 5 working days of the meeting.

Decisions made at this stage will be final, and there is no further right of appeal.

Policy Summary

We seek to apply this policy in the recruitment, selection, training, appraisal, development and promotion of all employees. The company offers goods and services in a fashion that complies with the spirit of this policy.

This policy does not form a part of any employment contract with any employee, and its contents are not to be regarded by any person as implied, collateral or express terms to any contract made with the company.  Employees should reference their signed contracts for the latest procedural developments which will be based on this policy.

Advice on support and discrimination

Employees may contact the designated officer or trade union representative if access to such an individual is possible.

Other contacts include:

Equality and Human Rights Commission
England: 0845 604 6610
Wales: 0845 604 8810
Scotland: 0845 604 5510
Website: www.equalityhumanrights.com

Citizens Advice Bureau
Myddleton House, 115-123 Pentonville Road, London, N1 9LZ
Website: www.citizensadvice.org.uk

Community Legal Services Direct
Telephone: 0845 345 4 345
Website: www.communitylegaladvice.org.uk

Designated Officer Details

Name: Daniel Mitchell

Job role: Operations Manager

Phone: 0330 043 4729; extension 795.
Email: [email protected]

Signed

This document has been officially signed by David Fleming, Director on behalf of N4 Gas Limited.

This document was last edited/reviewed on: Wednesday 10th Jul 2024