This policy is intended to assist the Firm in putting these commitments into practice. Compliance with this policy should also ensure that employees do not commit unlawful acts of discrimination and actively promote equality and inclusion in the workplace.
Striving to ensure that the work environment is free of harassment and bullying, and that everyone is treated with dignity and respect, is an important aspect of ensuring equal opportunities in employment.
As part of our commitment, we will take reasonable steps to:
- Promote awareness and provide training to all staff and managers on all aspects of equality, diversity, and inclusion in the workplace.
- Apply the principles of equality to all staff and job applicants to ensure equality of opportunity.
- Ensure that no individual is denied employment opportunities for reasons unrelated to ability to perform the role for which they are recruited.
- Implement all internal policies and procedures on a fair and impartial basis.
- Create an inclusive working environment that is sensitive to the needs of staff from different cultures, religions, and beliefs, for example, in connection with festivals, religious observance, and dress.
- Make reasonable adjustments to enable employees with disabilities to function effectively and to their full potential.
- Ensure that all work environments are free from all forms of discrimination, harassment, intimidation, or bullying.
- Monitor how this policy is working in practice.
The Law
In implementing this policy, Kee Property is committed to complying with the Equality Act 2010 and the Law Society of Scotland’s 10 equality standards.
You must not unlawfully discriminate against or harass other people, including current and former staff, job applicants, clients, customers, suppliers, and visitors because of age, disability, sex, gender reassignment, pregnancy, maternity, race (including colour, nationality, and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These are known as “protected characteristics.”
This applies in the workplace, outside the workplace (when dealing with customers, suppliers, or other work-related contacts), and on work-related trips or events, including social events.
Employees should not discriminate against or harass a member of the public in the provision of services. It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation, or alteration of physical features if they make it impossible or unreasonably difficult for disabled people to make use of services. Additionally, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.
Types of Unlawful Discrimination
- Direct Discrimination: Where a person is treated less favourably than another because of a protected characteristic. For example, refusing to employ a woman because she is pregnant. In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.
- Indirect Discrimination: Where a provision, criterion, or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination), such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.
- Harassment: Unwanted conduct related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment. It does not matter whether this effect was intended by the person responsible for the conduct.
- Associative Discrimination: Direct discrimination or harassment based on association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and pregnancy and maternity).
- Discrimination Due to Perception: Direct discrimination or harassment based on a perception that an individual has a particular protected characteristic when they do not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).
- Victimisation: Occurs when an employee is subjected to a detriment, such as being denied a training opportunity or promotion, because they made or supported a complaint or raised a grievance under the Equality Act 2010, or because they are suspected of doing so. There is no longer a need for a complainant to compare their treatment with someone who has not made or supported a complaint under the Equality Act 2010. For example, if a blind employee raises a grievance that the employer is not complying with its duty to make reasonable adjustments, and is then systematically excluded from all meetings, such behaviour could amount to victimisation.
- Failure to Make Reasonable Adjustments: Where a physical feature, provision, criterion, or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic, and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.
- Discrimination Arising from a Disability: Occurs when an individual is treated less favourably because of something arising out of their disability. This would include, for example, the dismissal of an employee who required time off work in order to undergo medical treatment for their condition.
Equal Opportunities in Employment
The Firm will avoid unlawful discrimination in all aspects of employment, including recruitment, promotion, opportunities for training, pay and benefits, discipline, and selection for redundancy.
Person and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking into account any reasonable adjustments that may be required for candidates with a disability. When recruiting or promoting, the Firm will aim to take steps to improve the diversity of our workforce and provide equality of opportunity. Our recruitment procedures will be reviewed regularly to ensure that individuals are objectively assessed based on their relevant merits and abilities.
The Firm will consider any possible indirectly discriminatory effect of its standard working practices, including:
- The number of hours to be worked
- The times at which these are to be worked, and the place at which work is to be done, when considering requests for variations to these standard working practices or flexible work requests and will refuse such requests only if the Firm considers it has good reasons, unrelated to any protected characteristic, for doing so.
- The Firm will comply with its obligations in relation to statutory requests for contract variations or flexible work requests.
- The Firm will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.
Proof of Work
Partners
Clients, Suppliers, and Other People Not Employed by the Firm
The Firm will not unlawfully discriminate against clients using or seeking to use facilities or services provided by the Firm.
Employees should report any bullying or harassment by clients, suppliers, visitors, or others to their manager, who will take appropriate action.
Property Professionals and Other Experts
Service Users
Employees' Responsibilities
Every employee is required to assist the Firm to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination. If you believe that you have been discriminated against, you should report this to your line manager using the Firm’s Grievance Procedure.
If your complaint involves bullying or harassment, the procedure set out in the Firm’s Dignity at Work Policy should be followed. Employees can be held personally liable for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.
Acts of discrimination, harassment, bullying, or victimisation against employees or clients are disciplinary offences and will be dealt with under the Firm’s Disciplinary Procedure. Discrimination, harassment, bullying, or victimisation may constitute gross misconduct and could lead to dismissal without notice.
Monitoring and Review
This policy will be monitored periodically by the Firm to judge its effectiveness and will be updated in accordance with changes in the law.
Complaints of Discrimination
The Firm will treat seriously complaints of unlawful discrimination on any of the forbidden grounds made by employees, clients, or other third parties, and will take action where appropriate. Complaints will be investigated in accordance with the Firm’s grievance or complaints procedure, and the complainant will be informed of the outcome.
This policy will be reviewed annually to ensure that it continues to reflect best practice and remains compliant with applicable legislation.
