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Equality, Diversity and Inclusion Policy

Equality, diversity and inclusion policy:

1. Policy Statement

  1. Owen White Catlin LLP (the Firm) is fully committed to promoting equality, diversity and inclusion (sometimes referred to as EDI), by which we mean:
    1. Equality: providing equal opportunities and fairness for all employees, workers and job applicants, and eliminating unlawful discrimination;
    2. Diversity: recognising, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience and encouraging gender diversity, age diversity, ethnic diversity, diverse physical ability and neurodiversity in our workforce;
    3. Inclusion: ensuring a workplace culture that is fair and safe for all staff, that values our differences and enables each person to be themselves, achieve their potential and thrive at work.
  2. The Firm will not unlawfully discriminate against any client, third party, employee, worker or job applicant because of any 'protected characteristic' recognised by current legislation, namely:
    1. age;
    2. disability;
    3. gender reassignment;
    4. marriage or civil partnership status;
    5. pregnancy and maternity;
    6. race (including colour, nationality and ethnic or national origin);
    7. religion or belief;
    8. sex; or
    9. sexual orientation.
  3. In addition, the Firm will not treat any client, third party, employee, worker or job applicant less favourably because:
    1. They are (or are not) a trade union member, or;
    2. they work part-time or on a fixed term basis, or;
    3. of their socio-economic background, or;
    4. they have caring responsibilities

2. Introduction

  1. The statement in paragraph 1 sets out our commitment to ensuring that all persons who interact with the Firm have equal opportunities. The remainder of this document sets out our policy on equality, diversity and inclusion, in particular:
    1. what we regard as acceptable behaviour at work, and what is not acceptable;
    2. the rights and responsibilities of those to whom the policy applies;
    3. the procedure for dealing with concerns or complaints;
    4. how we will deal with any breach of this policy;
    5. who is responsible for the policy; and
    6. how it will be implemented, monitored and reviewed.
  2. This policy applies to clients, third parties, employees, temporary and agency workers, interns, volunteers, apprentices and job applicants. All staff are responsible for ensuring that there is no discrimination in the workplace and for ensuring that this policy is applied on a day-to-day basis. We expect all staff to apply the principles of equal opportunities and non-discrimination in their interactions with clients, suppliers, business partners and visitors. We expect you to take personal responsibility for following, promoting and upholding this policy. In certain circumstances, an employee can be personally liable for discrimination against a fellow employee or a job applicant. For information on particular responsibilities, see paragraphs 3.f and 3.g below.

3. Equality Principles and Implementation

  1. As set out in the policy statement, there should be no discrimination because of any of the protected characteristics set out in the policy statement in paragraph 1 above. The types of discrimination that are prohibited are explained at paragraph 3.b below.
     
  2. Discrimination may occur in the following forms:
    1. Direct Discrimination: This is treating someone less favourably (or, in the case of pregnancy and maternity, unfavourably) because of a protected characteristic. An example of this would be paying someone less because of their sex or because they belong to a particular racial group. 'Because of' is very wide and will cover behaviour that takes place, for example because of sexual orientation, even if the person is not in fact gay, and even if the perpetrator knows that they are not gay. Such treatment is unlawful unless, in relation to age only, it can be objectively justified, i.e. the employer can show that it is a proportionate means of achieving a legitimate aim;
    2. Direct Discrimination by Association: Treating someone less favourably because they are associated with someone who has a protected characteristic, e.g. because they have a disabled child;
    3. Direct Discrimination by Perception: Treating someone less favourably because they are perceived to have a protected characteristic, even if they do not, e.g. because the person thinks they have the protected characteristic of gender reassignment;
    4. Indirect Discrimination: This is treating a group of people in the same way, but in a way which adversely affects those with a protected characteristic. An example of this would be telling all employees that they have to work late at night, although applied to everyone, it will adversely affect those employees with childcare responsibilities, and these tend to be women. Such treatment is unlawful unless it can be objectively justified;
    5. Victimisation: This is treating someone less favourably because they have alleged discrimination or asserted their right not to be discriminated against because of a protected characteristic. An example of this would be an employee claiming that they had been discriminated against, who is then refused a reference by their manager because of that claim;
    6. Harassment: This is unwanted conduct, related to a protected characteristic, which has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for someone or violating their dignity. Harassment may also be of a sexual nature. It may also occur where someone harasses the victim, the victim either rejects or submits to the harassment and, because of that rejection or submission, that person then treats the victim less favourably.
    7. Discrimination Arising from Disability: This is unfavourable treatment of the disabled person because of something arising in consequence of their disability. Such treatment is unlawful unless it can be objectively justified;
    8. The Duty to Make Reasonable Adjustments: In the context of disability only, this duty comprises three requirements, each of which arises where a disabled person is at a substantial disadvantage in relation to a ‘relevant matter’:
      1. the first is a requirement, where a provision, criterion or practice puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage;
      2. the second is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage; and
      3. the third is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
  3. The principles set out in this policy apply in the workplace and outside the workplace in a work-related context, such as on business trips, customer or supplier events or work-related social events.
  4. The COLP is responsible for this policy, its implementation, monitoring and review on a regular basis.
  5. If you believe you have been unfairly treated in breach of this policy, you should follow our Complaints Procedure, which is available on our website. Complaints of this nature will be dealt with seriously, in confidence and as soon as possible.
  6. We will not tolerate behaviour that goes against the terms, spirit and/or aims of this policy, and where an employee is alleged to have breached this policy, they will be subject to our disciplinary procedure. Disciplinary action will be taken against any employee who is found to have breached this policy. Serious breaches of this policy, acts of unlawful discrimination and serious incidents of harassment and bullying will be treated as gross misconduct.
  7. An inclusive environment is one where differences are recognised, respected and celebrated. The Firm wishes to ensure we all work in an environment where everyone feels welcomed and valued. As a diverse workplace, with a wide range of backgrounds and mindsets, we foster an environment where creativity and innovation can flourish. We recognise, that in some situations, this may mean that one person’s protected characteristic, such as their religious belief, may conflict with another person’s belief or other protected characteristic. However, we expect all staff to be respectful of others and their protected characteristics in all their dealings and interactions in the workplace and in situations when their private actions may impact the reputation of the Firm if they are made public (e.g. in communications on social media).