Recruitment of Ex-Offenders
At Ben Williams Recruitment, we embrace diversity and aim to promote the benefits of diversity in all of our business activities. We seek to develop a business culture that reflects that belief. We will expand the media in which we recruit to in order to ensure that we have a diverse staff base.
We are committed to diversity and will promote diversity for the staff and the candidates. We will continuously review all aspects of recruitment to avoid unlawful discrimination. We will treat everyone equally and will not discriminate on the grounds of an individual’s ‘protected characteristic’ under the Equality Act 2010 (the Act) which are age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sex and sexual orientation. We will not discriminate on the grounds of an individual's membership or non-membership of a Trade Union. The staff have an obligation to respect and comply with this policy. We are committed to providing training for the staff in equal opportunities and diversity. We will avoid stipulating unnecessary requirements which will exclude a higher proportion of a particular group of people and will not prescribe discriminatory requirements for a position.
We will ensure that each candidate is assessed in accordance with the candidate’s merits, qualifications, and ability to perform the relevant duties for the position.
Under the Act, unlawful discrimination occurs in the following circumstances.
a. Direct Discrimination
Direct discrimination occurs whenan individual is treated less favourably because of a protected characteristic. Treating someone less favourably means treating them badly in comparison to others that do not have that protected characteristic.
It is unlawful to discriminate against a person on the grounds of a protected characteristic.
Direct discrimination can take place even if the individual does not have the protected characteristic but is treated less favourably because it is assumed he or she has the protected characteristic or is associated with someone that has the protected characteristic.
The Actcontains provisions that permit specifying a requirement that an individual must have a particular protected characteristic in order to undertake a position. These provisions are referred to as occupational requirements.
Where there is an occupational requirement then we must show that applying the requirement is a proportionate means of achieving a legitimate aim. For example, we must be able to objectively justify applying the requirement. An occupational requirement does not allow a for us to employ someone on less favourable terms or to subject a person to any other detriment. Neither does an occupational requirement provide an excuse against harassment or victimisation of someone who does not have the occupational requirement.
b. Indirect Discrimination
Indirect discrimination occurs when a provision, criterion, or practice (PCP) is applied but this results in people who share a protected characteristic being placed at a disadvantage in comparison to those who do not have the protected characteristic. If the PCP can be objectively justified, it will not amount to discrimination.
We are committed to providing a work environment free from unlawful harassment.
We will ensure that the staff do not harass any individual.
Examples of prohibited harassment are:
Verbal or written conduct containing derogatory jokes or comments.
Slurs or unwanted sexual advances.
Visual conduct such as derogatory or sexually orientated posters.
Photographs, cartoons, drawings, or gestures which some may find offensive.
Physical conduct such as assault, unwanted touching, or any interference because of sex, race, or any other protected characteristic basis.
Threats and demands to submit to sexual requests as a condition of continued employment or to avoid some other loss and offers of employment benefits in return for sexual favours.
Retaliation for having reported or threatened to report harassment.
If an individual believes that they have been unlawfully harassed, they should make an immediatereport to their Line Manager followed by a written complaint, following the Complaint’s Policy, as soon as possible.
If it is concluded that harassment has occurred, remedial action will be taken.
The staff will be expected to comply with our policy on harassment in the workplace. Any breach of such a policy will lead to the appropriate disciplinary action.
Any individual who we find to be responsible for harassment will be subject to the disciplinary procedure and the sanction may include termination.
Under the Act, victimisation occurs when an individual is treated unfavourably because he or she has done a ‘protected act’ which is bringing a claim for unlawful discrimination or raising a grievance about discrimination or giving evidence in respect of a complaint about discrimination.
We will ensure that the staff do not victimise any individual.
e. Disabled Persons
Discrimination occurs when a person is treated unfavourably as a result of their disability.
In direct discrimination occurs where a PCP is applied by or on behalf of an employer, or any physical feature of the employer’s premises, places a disabled person at a substantial disadvantage in comparison with persons who are not disabled.
In recruitment and selection, there may be a requirement to make reasonable adjustments. For example, it might be necessary to have different application procedures for partially sighted or blind candidates that enable them to use Braille. With testing and assessment methods and procedures, tests can only be justified if they are directly related to the skills and competencies required for the position. Even then, it might be appropriate to have different levels of acceptable test results, depending on the disability. For example, a candidate with a learning disability might need more time to complete a test, or not be expected to reach the same standard as other non-disabled candidates.
Reasonable adjustments in recruitment and selection could include:
Modifying testing and assessment procedures.
Meeting the candidate at alternative premises which are more easily accessible.
Having flexibility in the timing of interviews.
Modifying application procedures.
Providing a reader or an interpreter.
Wherever possible, we will make reasonable adjustments to hallways, passages and doors in order to provide and improve means of access for disabled staff. However, this may not always be feasible, due to circumstances creating such difficulties as to render such adjustments as being beyond what is reasonable in all the circumstances.
We will not discriminate against a disabled person:
In the arrangements for determining whom should be offered a position.
By refusing to offer, or deliberately not offering the disabled person a position for reasons connected with their disability.
In the opportunities afforded to the person for receiving any benefit, or by refusing to afford, or deliberately not affording him or her any such opportunity.
By subjecting the individual to any other detriment (detriment will include refusal of training or transfer, demotion, reduction of wage, or harassment).
We will make career opportunities available to all people with disabilities and every practical effort will be made to provide for the needs of the staff.
f. Age Discrimination
Under the Act, it is unlawful to discriminate against directly or indirectly or to harass or victimise a person because of age. Age discrimination does not just provide protection for people who are older or younger. People of all ages are protected.
A reference to age is a reference to a person’s age group. People who share the protected characteristic of age are people who are in the same age group.
Age group can have various references:
People in their 40s.
We will not discriminate directly or indirectly, harass, or victimise any person on the grounds of their age.
3. Part-Time Staff
This policy also covers the treatment of those staff who work on a part-time basis. We recognise that it is an essential part of this policy that the part-time staff are treated on the same terms, with no detriment, as the full-time staff (albeit on a pro rata basis) in matters such as rates of pay, holiday entitlement, maternity leave, parental and domestic incident leave, and access to our pension scheme. We also recognise that the part-time staff must be treated the same as the full-time staff in relation to training and redundancy situations.
4. Gender Reassignment
We recognise that a member of staff may wish to change their gender during the course of their employment.
We will support a member of staff through the reassignment.
We will make every effort to try to protect a member of staff who has undergone, is undergoing or intends to undergo gender reassignment, from discrimination or harassment within the workplace.
Where a member of staff is engaged in work where the gender change imposes genuine problems, we will make every effort to reassign the member of staff to an alternative position, if so desired by the member of staff.
Ay member of staff suffering discrimination on the grounds of gender reassignment should have recourse to our grievance procedure.
5. Recruitment of Ex-Offenders
As an organisation assessing candidate’s suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), we comply fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly.
All application forms, job adverts, and job specifications contain a statement that an application for a DBS certificate will be submitted in the event of the candidate being offered the position.
At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
We ensure that all those who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders.