Equal Opportunities

Equal Opportunities Policy

XMA is committed to eliminating discrimination and encouraging diversity amongst our workforce. Our aim is for our workforce to be truly representative of all sections of society and for each employee to feel respected.

Consequently the purpose of this policy is to provide equality and fairness for all in our employment and not to discriminate on the grounds of gender, gender reassignment, marital status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion or belief, pregnancy or maternity, or age. We oppose all forms of unlawful and unfair discrimination.

All employees, whether part-time, full-time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training or any other benefit will be on the basis of 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. This policy covers all employees of XMA and applicants for employment.

Our commitment:

• To create an environment in which individual differences and the contributions of all our staff are recognised and valued.
• Every employee is entitled to a working environment that promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated.
• Training, development and progression opportunities are available to all staff.
• Equality in the workplace is good management practice and makes sound business sense.
• We will review all our employment practices and procedures to ensure fairness.
• Breaches of our equality policy will be regarded as misconduct and could lead to disciplinary proceedings.
• This policy is fully supported by senior management
• The policy will be monitored and reviewed annually.

Dignity at work

XMA does not tolerate any form of discrimination or harassment and seeks to ensure that the working environment is sympathetic to all. Intimidation or harassment of any employees, as well as being unlawful, is unacceptable behaviour. Both XMA and the harasser may be held liable for such unlawful actions and be required to pay damages at Employment Tribunal. XMA will ensure that any person bringing a claim of harassment in good faith may do so without fear of victimisation.

All employees have a responsibility to be sensitive to the feelings of other members of staff. Any form of behaviour or abuse affecting the dignity of men and women at work that is of a physical, verbal or non-verbal nature, which is unwanted, unsolicited, and personally offensive to the recipient, irrespective of the intentions is unacceptable and may lead to disciplinary action, whether it is persistent or an isolated incident. What may not appear offensive to one may be perceived offensive by another. Likewise whether or not actions or words are seen as harassment will depend on how individuals relate to one another, their working relationship, and the context of the situation. Employees may not always realise that their behaviour constitutes harassment or bullying; they must recognise that what is acceptable to one employee may not be acceptable to another.

Forms of Discrimination, Harassment and Bullying

Below are definitions of behaviour that is not acceptable within XMA:

Discrimination	Treatment or consideration of, or making a distinction in favour of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit.
Direct Discrimination	Treating one person less favourably than others on the grounds of individual differences
Discrimination by association	Discrimination against someone because they associate with another person who possesses a specific characteristic.
Perception discrimination	Discrimination against an individual because others think they possess a particular characteristic.
Indirect discrimination	Applying a rule or condition which means that a considerably smaller proportion of a particular group comply with it.
Harassment	Any form of behaviour that is unwelcome, unreciprocated, unsolicited and usually (but not always) repeated which makes the workplace unpleasant, humiliating or intimidating for the person who is the target of that behaviour
Sexual Harassment	Where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment
Third part harassment	Where a third party who are not employees e.g. customers or clients harass an individual based on a particular characteristic.
Victimisation	When an employee is treated badly because they had made or supported a complaint or raised a grievance under the equality act.

Examples of behaviour which is not acceptable at XMA include (these examples are not exhaustive):

Behaviour which is offensive, abusive, malicious, insulting or intimidating
Swearing and abusive management style
Unjustified criticism on more than one occasion
Punishment imposed without reasonable justification
Changes in the duties or responsibilities of the employee to the employee's detriment without reasonable justification
Physical contact ranging from touching to serious assault
Verbal and written personal comments (including e-mail and social networking sites), harassment through jokes, offensive language or remarks, gossip or slander
Visual display of posters, graffiti, obscene gestures, e.g. pin-ups / screensavers
Isolation or non co-operation at work, exclusion from social activities
Threatening or anonymous letters
Innuendo and intimidating remarks
Written communications, e-mail, phone or automatic supervision methods such as computer recording of downtime from work or the number of calls handled if these are not applied to all workers
Making sexually suggestive gestures or sexual advances
Coercion for sexual favours
Intrusion by pestering, spying and stalking
Pressure to participate in political/religious groups
Victimising or retaliating against an employee who has brought a claim of harassment

Recruitment and Selection

All recruitment and selection is undertaken with regard to the requirements of the job and is not influenced by any consideration of disability, gender, sexual orientation, marital status, race, colour, religious convictions, belief, age, nationality or ethnic origin.
XMA recruit the best person for each vacancy regardless of any other factors. Wherever possible, existing employees will be encouraged and invited to apply for promotion and where necessary training will be given for such moves.

Disabled Employees - XMA promotes and encourages employing disabled employees in the workplace and will endeavour to make reasonable adjustments where required.
Fixed term employees - XMA will not treat fixed term employees less favourably than permanent employees in respect of their terms and conditions of employment, unless there is an objective reason justifying this treatment.
Part-time Employees - XMA will not treat part-time employees less favourably in their employment conditions than comparable full-timers, unless this is justified on objective grounds. Part time workers are allocated a pro rata holiday entitlement based on their total hours worked. Part time employees will be given a pro-rated Bank Holiday entitlement in hours based on the number of hours they work. This entitlement will be considered separate from their normal holiday entitlement.
Retirement - The retirement age for XMA is 65. You may however opt to retire earlier although this may have financial penalties regarding your pension. Please contact the HR Department for more details. Under the Employment Equality (Age) Regulations 2006, employees have the right to request to continue working beyond XMA's retirement age of 65. The Company will take all reasonable steps to accommodate an employee's request to continue working beyond his/her contractual retirement age. Individuals who are due to retire will be given the opportunity, where possible, to reduce the working week gradually over their last six months of employment. This applies to all retirements with the exception of ill-health retirements and voluntary early retirements.

Social Networking Sites

Social networking sites, such as Facebook, LinkedIn, Twitter, etc. are all in the public domain and as such any comments made regarding employees, XMA , customers, vendors or partners of XMA may be visible to other employees, customers, vendors or partners. If the company becomes aware of any comments that could be deemed as inappropriate on any social networking sites, a full investigation will take place and disciplinaryaction may be taken, which could include dismissal from the company. If you are unsure what is deemed to be appropriate please speak to either your line manager or a member of the HR team.

Outside of Office Hours

We understand that some employees may socialise or attend functions together outside of working hours. If the company becomes aware of inappropriate behaviour or comments that have been made, a full investigation will take place and disciplinary action may be taken, which could include dismissal from the company.

Procedure

Speak to your line manager or HR

If any employee believes that they are being harassed, bullied or treated less favourably they should bring this matter to the attention of their line manager or HR.

Speak to the individual

Employees who are victims of harassment should make it clear to their harasser that the behaviour is unacceptable and that it must stop. If an employee is unable to do this verbally then a written request (explaining the distress which the behaviour is causing) handed to the harasser may be effective. Human Resources, if necessary, will assist employees in taking such action.

Raise complaint with line manager/HR

Where the informal methods fail, or serious harassment occurs, a formal disciplinary procedure will be invoked. Any complaint will be dealt with in strict confidentially, seriously and promptly. In the first instance the complaint should be raised with the Line Manager. Where the Line Manager is the alleged harasser, the complaint should be made to that person's Manager or HR.

Investigation and formal disciplinary hearing

The complaint will be treated seriously, investigated thoroughly and a formal disciplinary hearing will be convened, where this is deemed necessary. The alleged harasser may be transferred away or suspended, on a temporary basis whilst an investigation is taking place. The alleged harasser will be given every opportunity to defend or explain their actions, in accordance with XMA's disciplinary procedure. Where a Manager or Supervisor has been informed of harassment, and has failed to take action, they too will be dealt with under the XMA's disciplinary procedure. If a claim of harassment or bullying is made and after investigation is found to be of malicious intent, the individual making the claim will be subject to the disciplinary procedure

The severity of the penalty imposed upon an employee guilty of harassment will be consistent with those detailed in the disciplinary procedure, (e.g. gross, or serious harassment will normally result in summary dismissal). Where a lesser penalty is appropriate (e.g. a written warning) this may be coupled with action to ensure that the victim is able to continue working without embarrassment or anxiety. Strict confidentiality will be maintained throughout any investigation into alleged harassment.

Roles & Responsibilities

Employees:

Treat people fairly and without prejudice
Value and respect others
Ensure that no one is harassed, victimised or bullied in the workplace
Draw to the attention of their manager any suspected discriminatory acts
Promote a work environment where everyone feels confident to report incidents that are unfair or personally offensive
Seek to develop their own skills and encourage others to do so
Contribute to an environment that allows all employees to utilise their abilities

Manager:

Leading the organisation in applying this policy, through the role modelling of appropriate behaviours
Creating an environment where employees feel confident in raising concerns and coming forward
Ensuring that any complaint bought under this policy are dealt with quickly and compassionately.
Ensuring the policy is applied throughout the organisation
Recognising and dealing with inappropriate behaviours by others
Providing support to employees
Creating a culture in which all employees are able to fully utilise and develop their skills and abilities
Operating fair, objective, consistent and systematic procedures for – recruitment, selection, pay and promotion, transfer and leaving, communications, performance management, training and development, discipline and grievance, access to support

Human Resources:

Updating this policy when necessary and ensuring the company are up to date with any changes in legislation relating to discrimination and all matters of equal opportunities
Ensuring the policy forms part of the induction for new entrants
Making recruitment agencies aware of the company’s stance on equal opportunities and encouraging them to comply with it on the Company’s behalf
Ensuring necessary communication, training and education is provided to all employees to support the aim of this policy
Operating fair, objective, consistent and systematic procedures for – recruitment, selection, pay and promotion, transfer and leaving, communications, performance management, training and development, discipline and grievance, access to support