Introduction
This Policy sets out the obligations of Sail Legal Ltd (“Sail Legal”) in respect of the Equality Act 2010. This Policy covers our duties to our clients and as an employer.
2. Scope
2.1 In order to deliver the following outcomes:
2.1.1 The service is accessible and responsive to the needs of individuals clients, including those who are vulnerable – Outcome 6.1
2.1.2 No-one client, employee, colleague, job applicant, trainee, or other party- we deal with feels discriminated against (whether directly or indirectly) victimised or harassed – Outcome 6.2
2.2 We need to act in the following Principled ways:
1. Promote Equality of Access and Service – Principle 6
3. Scope of the Equality Act 2010
1. The Equality Act 2010 came into force on 1st October 2010. It brings together 116 pieces of legislation into one single Act.
2. It provides a legal framework for the rights of individuals and further enhances equality for all.
3. The nine pieces of legislation that now come under the Equality Act 2010 are:
3.1 the Equal Pay Act 1970
3.2 the Sex Discrimination Act 1975
3.3 the Race Relations Act 1976
3.4 the Disability Discrimination Act 1995
3.5 the Employment Equality (Religion or Belief) Regulations 2003
3.6 the Employment Equality (Sexual Orientation) Regulations 2003
3.7 the Employment Equality (Age) Regulations 2006
3.8 the Equality Act 2006, Part 2
3.9 the Equality Act (Sexual Orientation) Regulations 2007
4. Human Rights Act 1998
4.1 We are also mindful of the duties imposed upon us by the Human Rights Act which incorporated the European Convention on Human Rights into Law. The basic human rights protected by this piece of legislation include:
4.1.1 the right to liberty;
4.1.2 the right to a fair trial;
4.1.3 the right to respect for private and family life;
4.1.4 freedom of thought, conscience and religion, and freedom to express your beliefs;
4.1.5 freedom of expression;
4.1.6 freedom of assembly and association; and
4.1.7 the right not to be discriminated against in respect of these rights and freedoms.
Protected Characteristics
5.1 Protected characteristics are known as:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sexsexual orientation.
5. Unlawful Discrimination
5.1 We will not treat a job applicant worse than another job applicant because of a protected characteristic (direct discrimination).
5.2 We will not do something which has (or would have) a worse impact on a job applicant and on other people who share a particular protected characteristic than on people who do not have that characteristic. Unless we can show that what we have done, or intend to do, is objectively justified, (indirect discrimination).
5.3 We will not treat a disabled job applicant unfavourably because of something connected to their disability where we cannot show that what we are doing is objectively justified.
5.4 We will not treat a job applicant worse than another job applicant because they are associated with a person who has a protected characteristic
5.5 We will not treat a job applicant worse than another job applicant because we incorrectly think they have a protected characteristic (perception).
5.6 We will not treat a job applicant badly or victimise them because they have complained about discrimination or helped someone else complain or have done anything to uphold their own or someone else’s equality law rights.
5.7 We will not harass a job applicant
5.8 We will make sure that a disabled person has the same access to everything necessary to fulfil the role by making reasonable adjustments.
5.9 We shall not discriminate against a person or harass or victimise them even after our employment relationship with them ends.
6. Questions about Health and Disability
6.1 We shall not ask any questions to a potential applicant about their health or disability in any interview or during their course of employment with us.
7. Reducing Sail Legal’s Liability
7.1 We are aware that we can be held legally responsible for an employee who breaches this policy regardless of whether we knew of the actions or not.
7.2 In order to limit our legal responsibility every staff member of Sail Legal shall read this policy in full and understand how to behave so they avoid unlawful discrimination, harassment, or victimisation.
7.3 Failure to adhere to this policy will result in disciplinary action.
7.4 Training of this Policy and Equality & Diversity generally will form part of our Induction programme.
8. The Duty to Make Reasonable Adjustments
8.1 The purpose of making reasonable adjustments is so that a disabled person is not disadvantaged in anyway.
8.2 Sail Legal will make sure that the office environment is tailored to meet the needs of all employees.
8.3 There are three requirements of this duty:
8.3.1 The first requirement involves changing the way things are done – Sail Legal will make all the necessary changes to all its policies as and when to accommodate any employees who are disadvantaged in anyway.
8.3.2 The second requirement involves making changes to overcome barriers created by the physical features of our workplace. We shall make sure that we communicate this fact to the landlords as and when required.
8.3.3 The third requirement involves providing extra equipment, which equality law calls an auxiliary aid.
8.4 Any reasonable adjustment will be an expense of Sail Legal, it will not be passed onto the person who will benefit from the reasonable adjustment.
9. Opportunities
9.1 We shall make sure that all staff will be presented with the same opportunities in employment and training and there shall not be any discrimination at any level.
9.2 This ethos shall penetrate throughout Sail Legal and its staff members.
10. Enforcement
10.1 The Council of Licenced Conveyancers will investigate concerns relating to discrimination and disciplinary proceedings will be taken if it is satisfied that there is a case to answer.
10.2 Where a court or tribunal decides that we have committed an unlawful act of discrimination that finding will be treated by the Council of Licenced Conveyancers as a breach of the Overriding Principle to Promote Equality of Access and Service.
Complaints and Disciplinary Issues
All allegations of discrimination and harassment will be dealt with seriously. The business will investigate thoroughly any allegation and determine an outcome quickly. Where appropriate we will follow our disciplinary procedures subject to the outcome of the investigation the allegations/findings may be treated as gross misconduct and could render employees liable for summary dismissal.
Reporting Matters
It is important for all members of staff to feel comfortable in raising such serious allegations. We understand this can be difficult however we will investigate the matter confidentially, where appropriate. Our business operates as a collective positive union, we encourage all members of staff to discuss any concerns they may have to enable us to address matters.
If any member of staff has concerns, please report to Jamie Cole.
This Policy & Procedure will be reviewed annually by Jamie Cole. All members of staff are responsible for promoting Equality and Diversity. Jamie will be responsible for measuring and monitoring the effectiveness of this Policy.
If, however new legislation or case law changes the dynamic or requirements an urgent review will take place and an updated version cascaded to all members of staff.
The next date for renewal is the 1st of April 2025.
