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International Women’s Day & The Equality Act

As International Women’s Day approaches, it is a time to reflect and celebrate the amazing accomplishments of women around the world and how far we have come in advancing the rights of women.

However, it is also a time to refocus on what needs to be done in order to achieve gender equality here in the United Kingdom and around the world.

With this in mind, CJCH’s Charlotte Bardet, (updated) qualified solicitor and software piracy client account lead, examines gender equality in the workplace in relation to the Equality Act 2010. In addition to how the legal profession can improve its record on the pay gap, hiring practices and work/life balance to help reach full gender equality.

What is The Equality Act 2010 and how does it impact the workplace?

The Equality Act 2010 is an Act of Parliament that consolidated and updated over 116 pieces of prior legislation relating to anti-discrimination law in Great Britain (Act does not apply to Northern Ireland) into one single Act.

Prior Acts included: Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act 1995

The Act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What is classed as gender discrimination? What are the differences between direct and indirect discrimination?

Under the Equality Act 2010, you must not be discriminated against because:

  • you are (or are not) a particular sex;
  • someone thinks you are the opposite sex (discrimination by perception);
  • you are connected to someone of a particular sex (discrimination by association).

Sex can mean either male or female, or a group of people like men or boys, or women or girls. This can be a one-off action or caused by a rule/policy. Importantly, it does not have to be intentional – someone may discriminate without realising it or meaning to.

There are four main types of gender/sex discrimination:

  • Direct discrimination – treating someone less favourably because of their sex than someone of the opposite sex would be treated in the same circumstances.
  • Indirect discrimination – when an organisation has a rule, policy or practice which applies in the same way to both sexes but which places someone of a particular sex at a disadvantage to the opposite sex.
  • Harassment
  • Victimisation

There are some exceptions that allow employers or organisations to discriminate because of your sex, including if it is an occupational requirement or if the organisation is taking positive action.

If you believe you’ve been discriminated against in your workplace because of your gender, what can you do

Firstly, complain/speak directly to your employer first to try and sort out the problem informally. Secondly, if the matter cannot be settled informally, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or a trade union representative.

Use mediation or alternative dispute resolution to try and settle the matter out of court. Finally, seek legal advice and potentially take a claim to the Employment Tribunal for discrimination.

 What are the main things employers can do to build a gender-equal workplace?

  • Train staff, and team managers in particular, how to identify discrimination when it takes place, how to deal with it and how to prevent it from happening again.
  • Ensure that both genders are treated fairly and equally in recruitment, training, hiring and promotion
  • Reassess job specifications for senior management positions and identify what barriers have been constructed which prevents either sex from filling them.
  • Remove the gender pay gap and be transparent about pay. Each position should have a pay bracket that outlines the salary for that role.
  • Prioritise a work-life balance and allow for flexible work arrangements.

Finish the sentence: We know we’ve achieved gender equality within the legal profession when…

My top three would be:

  • Legal letters no longer start with ‘Dear Sirs’
  • It is no longer known as a profession dominated by men in suits.
  • There are as many female partners as there are male partners (CJCH is proud to have gender equality on our board of directors)

Get in touch :

We know that discrimination in the workplace is a sensitive issue and difficult to talk about. That’s why our specialist team can assist you in getting a fair and quick solution. Get in touch with a member of our team today:

Email: employment@cjch.co.uk

Telephone: 0333 231 6405

Inclusion and Diversity – CJCH Commitment

CJCH Equality & Diversity Policy

paralegal jobs barryAs our 2017 diversity results are set to be published on our website later this week, we would like to share our internal Equality and Diversity Policy as well. This policy is available to all staff and is in the process of being added to our website footer for ease of access.

The firm is committed to providing equality of opportunity and maximising the benefits, for all, to be gained from recognising and respecting people diversity. The senior person responsible this policy and its effective implementation is Tim Hartland.

SRA Regulations (2011): The Solicitors Regulation Authority’s (SRA) Mandatory Principle No 9 requires us to: “Run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity.

Discrimination:

The firm, its owners, directors, partners, managers and staff will not discriminate or tolerate unlawful discrimination based on any of the “protected characteristics” set out in the Equality Act 2010 or the legal sector Quality Standards referred to below:

  1. Equality Act 2010 – “protected characteristics” are listed as:
  • Age
  • Disability
  • Gender Reassignment
  • Marriage and Civil Partnership
  • Pregnancy and Maternity
  • Race
  • Religion and Belief
  • Sex
  • Sexual Orientation
  1. The LAA’s SQM lists additional/differently-worded characteristics:
  • Colour
  • Ethnic or national origins,
  • Marital status

Types of Discrimination

  • Direct Discrimination – one person is treated less favourably than another based on a protected characteristic.
  • Indirect Discrimination – a rule or policy that applies to everyone that can inadvertently disadvantage someone with a protected characteristic (unless it is a “proportionate means of achieving a legitimate business aim”).
  • Associative Discrimination – direct discrimination takes place against someone because they associate with someone who has a protected characteristic e.g. A carer of a person with a disability.
  • Discrimination by Perception – direct discrimination because others think (wrongly) that someone has a protected characteristic – e.g. when they think someone is gay when they are not and discriminate against them on the basis of that perception.

Harassment and Victimisation:

The firm will not tolerate or permit Harassment or Victimisation of any kind either of our own personnel, clients or persons external to our organisation with whom we interact professionally.

  • Harassment – including unwanted or inappropriate attention or behaviour staff find offensive even if not directed against them personally;
  • Harassment by a Third Party;
  • Victimisation – someone being treated badly because they have complained, raised a grievance or supported someone who has e.g. whistle blower or complainant.

Application of the Policy:

Our Equality and Diversity Policy will be implemented and integrated into all elements of our business to encourage a diverse and inclusive enforcement both internally and externally. A full version of this policy is available to all our staff and can be made available to our clients and suppliers upon request.

Enforcement – Breach of this Policy:

It is hoped that as a result of training, all staff will see the benefits of complying with all aspects of this policy. If, however, there is an alleged breach of this policy, the allegations will be treated seriously and investigated and dealt with thoroughly.

Diversity:

  • We all come from different backgrounds and each person brings a wealth of life experiences that shape us into the unique individual we each are.
  • The organisation is, therefore, a rich tapestry of people which make it different from any other organisation.
  • We therefore often have different perspectives on the challenges and opportunities we face in the practice.
  • In our decision-making, strategic planning and process improvement, we, therefore, wish to benefit from these different perspectives.
  • Equality and Diversityisnot about treating everyone as if they were the same. It’s about recognising and valuing the difference and ideas that each individual can bring to the firm.
  • It is about the benefits to all of us of equality fairness and difference.
  • It is about treating each other with respect and courtesy at all times.
  • The firm is committed to collecting, collating, reporting and publishing its diversity data in line with SRA requirements and the Data Protection Act

Positive action:

  • Although it is unlawful to discriminate in favour of certain groups on the grounds of race or sex, positive action to enable greater representation of under-represented groups is permitted by law and the appropriateness of such action will be kept under review.

Communication of Policy to Staff:

  • The policy is communicated to all staff through internal communication channels, meetings and training, and is available to all staff via the firms internal portal.

Meeting the Diverse Needs of the Clients and Communities we serve:

  • Our Services Plan sets out how we will meet the diverse needs of the clients and local communities we serve and is available upon request.

Reasonable Adjustments for Personnel:

  • If difficulties are experienced at work because of a disability, staff may wish to contact our Managing Partner to discuss any reasonable adjustments that would help overcome or minimise the difficulty.
  • We will consider the request carefully and try to accommodate the needs within reason. If we consider a particular adjustment would not be reasonable we will explain our reasons and try to find an alternative solution where possible.

Review of this Policy:

  • The policy will be reviewed annually using prescribed procedures.