NOT PROTECTIVELY MARKED Equal Opportunities Stage 3 EQUAL

NOT PROTECTIVELY MARKED Equal Opportunities Stage 3 EQUAL OPPORTUNITIES STAGE 3 MR COBUS LOUW SGT KENNY ANDERSON

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 2 EQUALITY & DIVERSITY IN EMPLOYMENT POLICY

Equal Opportunities Stage 3 Policy Statement Strathclyde Police is an Equal Opportunities Employer. It is committed to equality of opportunity and to providing a service and following practices which are free from unfair and unlawful discrimination. The aim of this policy is to ensure that no applicant or member of staff receives less favourable treatment on the grounds of disability, age, sex, caring responsibilities, flexible working status, marital or parental status, civil partnership, transgender status, race, colour, nationality, ethnic or national origins, religion or belief, staff association or trade union activity or is disadvantaged by conditions or requirements which cannot be shown to be relevant to performance. It seeks also to ensure that no person is victimised or subjected to any form of bullying or harassment.

Equal Opportunities Stage 3 BENEFITS (i) g g g Attracts the best people into the Police Service. Broadens the talent base of the Police Service. Makes full use of the skills and talents of the workforce. Increases the motivation of the workforce. Improves inter-personal relationships at work.

Equal Opportunities Stage 3 BENEFITS (ii) g g g Improves the external view of the Police. Increases the confidence placed in the Police by all sections of the community. Widens the police’s contact with the public. Promotes professionalism, good practice and quality. Complies with UK law and EC legislation.

Equal Opportunities Stage 3 “Equal Opportunities and Quality of Service” “If we expect and demand police officers to treat members of the public in a fair and non-discriminatory manner, then those self same officers must themselves be treated fairly and without discrimination by the Police organisation itself” HMCIC Report (1993)

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 2 EQUALITY & DIVERSITY IN EMPLOYMENT POLICY

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 3 DIGNITY AT WORK

Equal Opportunities Stage 3 PREJUDICE Idea based on little or no fact i. e. what we think DISCRIMINATION Action affected by prejudice i. e. what we do

Equal Opportunities Stage 3 Prejudiced Non-Prejudiced Discriminator Prejudiced Non-Discriminator

Equal Opportunities Stage 3 ALLPORT’S SCALE OF NEGATIVE ACTION Extermination Physical Attack Discrimination Avoidance Anti-locution

Equal Opportunities Stage 3 BULLYING/HARASSMENT Reluctance to complain because: g g Embarrassment “Troublemaker” Not taken seriously Fear of reprisal

Equal Opportunities Stage 3 “Coping Strategies” g Acquiescence g Withdrawal g Resistance

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 3 DIGNITY AT WORK

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 4 GENDER DISCRIMINATION & STEREOTYPING

Equal Opportunities Stage 3 Pre-School Books g g Men depicted as - active, adventurous, fighters, kings, judges, police officers, dominant Women depicted as - passive, indoor activities, wives, mothers, witches and fairy godmothers

Equal Opportunities Stage 3 GENDER STEREOTYPING Gender stereotyping occurs when certain characteristics are ascribed to all people in one sex, rather than to some people in each sex.

Equal Opportunities Stage 3 “MACHO” AND “FEMININE” Macho - “denoting or exhibiting pride in characteristics believed to be typically masculine, such as physical strength, etc” Feminine - “suitable to, or characteristic of, a woman”

Equal Opportunities Stage 3 GENDER EXCLUSIVE LANGUAGE ‘The habitual use of such language is unhelpful to an organisation trying to convey a message of equal opportunity and non-discrimination’. HMIC Report on L&B Police 1999

Equal Opportunities Stage 3 LANGUAGE (KEY POINTS) g g g Language plays a vital role in treating people fairly or unfairly Words should be sensitive and relevant ‘I was only joking’ is a thinly veiled excuse Labels obscure Language is a testament to your fairness Some words or phrases should be avoided

Equal Opportunities Stage 3 FORMS OF SEXUAL HARASSMENT g g g g Comments about appearance Indecent remarks Questions about sex life Requests for sexual favours Sexual demands by either sex Any conduct of a sexual nature, which creates intimidation, hostility or humiliation Inappropriate e-mails

Equal Opportunities Stage 3 PREGNANCY DISCRIMINATION SUPPORTING LEGISLATION Sex Discrimination Act 1975 The Employment Equality (Sex Discrimination) Regulations 2005 Introduced on 01/10/05 to amend the Sex Discrimination Act 1975 to make clear that “less favourable treatment on the grounds of pregnancy or maternity leave is unlawful discrimination”.

Equal Opportunities Stage 3 PREGNANCY DISCRIMINATION FACTS & FIGURES If the current trend of pregnancy discrimination continues, 1 million pregnant women are likely to experience discrimination at work over the next 5 years. Each year almost half of the 440, 000 pregnant women in Britain experience some form of disadvantage of work, simply for being pregnant or taking maternity leave.

Equal Opportunities Stage 3 EXAMPLES OF UNLAWFUL DISCRIMINATION Due to Pregnancy or Maternity Leave g Lack of promotion, change of job g Unfavourable treatment i. e. workload g Denied access to training g No identification of hazards under Health & Safety g Abuse and Harassment g Young and BME females are more likely to suffer from g unlawful discrimination on the basis of pregnancy or maternity leave.

Equal Opportunities Stage 3 EMPLOYEE RIGHTS Policies & Procedures to support Maternity Leave and advise on rights. Rights include: g Risk Assessment in workplace and regular reviews as your pregnancy progresses g OHU Referral g Time off for Ante-natal Care g Maternity Leave Pay g Accrued Leave/Public Holidays

Equal Opportunities Stage 3 EMPLOYEE RIGHTS (cont) Rights include: Regular communication with your Line Manager Option to request Flexible Working on return from maternity leave Full details are available on the Force Intranet or contact your Divisional Personnel Manager or Personnel at Force Headquarters.

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 4 GENDER DISCRIMINATION & STEREOTYPING

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 5 DISABILITY DISCRIMINATION

Equal Opportunities Stage 3 THE DANGER OF TERMS AND LABELS g Assumptions g Stereotyping g Fixed Thinking

Equal Opportunities Stage 3 INSENSITIVITY g Insensitive language g Being over sensitive / patronising g Unwanted assistance g Pity

Equal Opportunities Stage 3 Disability Discrimination Act 1995 Definition of Disability A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

Equal Opportunities Stage 3 Disability Discrimination Act 1995 Employment Provisions g g g Applies to Employers and Service Providers Unlawful to treat a person with a disability less favourably because of their disability Requires an Employer to make Reasonable Adjustments

Equal Opportunities Stage 3 “Reasonable Adjustments (i)” g g g Adjustments to Premises Allocating some duties Transferring the person to another post Altering working hours Different place of work Absences for Rehabilitation/Assessment/Treatment

Equal Opportunities Stage 3 “Reasonable Adjustments (ii)” g g g Providing training Acquiring or modifying equipment Modifying instructions or reference manuals Modifying procedures for testing or assessment Providing a reader or interpreter Providing additional support

Equal Opportunities Stage 3 SIGNS OF MENTAL DISORDER g g g g Excessive anxiety Unusual mood levels Incoherence not solely drug or alcohol induced Inability to understand or answer questions Unusual behaviour traits Agitation Other signs of disorder

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 5 DISABILITY DISCRIMINATION

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 6 AGE DISCRIMINATION

Equal Opportunities Stage 3 Employment Equality (Age) Regulations - 1 October 2006

Equal Opportunities Stage 3 • • Appraisal Training Promotion Office Environment

Equal Opportunities Stage 3 • • Redundancy Applications/Interviews Pension Retirement - Time Scales

Equal Opportunities Stage 3 END OF SESSION 6 AGE DISCRIMINATION

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 7 SEXUALITY DISCRIMINATION & STEREOTYPING

Equal Opportunities Stage 3 ALLPORT’S SCALE OF NEGATIVE ACTION Extermination Physical Attack Discrimination Avoidance Anti-locution

Equal Opportunities Stage 3 Social Impact of Homophobia g Fear of being a target g Invisibility g Stereotypes

Equal Opportunities Stage 3 Force Commitment to Eradicating Homophobic Crime Strathclyde Police is committed to the eradication of discrimination and is totally opposed to Homophobia and Homophobic crime. We, as an organisation, will endeavour to make the lives of the gay, lesbian, bisexual and transgendered community free from violence and will support the victims of homophobic crime.

Equal Opportunities Stage 3 Force Definition of a Homophobic Incident Is …. . ‘any incident which is perceived to be homophobic by the victim, or any other person. Victims may be lesbian, gay. Bisexual, or transgendered, or perceived to be or mistaken for any of these’.

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 7 SEXUALITY DISCRIMINATION & STEREOTYPING

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 8 GRIEVANCE HANDLING

Equal Opportunities Stage 3 Force Grievance Procedure “The purpose of the Grievance Procedure is to provide a framework that ensures all grievances relating to employment within the Force are settled fairly and promptly and as close to the point of origin as possible.

Equal Opportunities Stage 3 Force Grievance Procedure Perception of the aggrieved member of staff she/he has been treated unfairly in relation to matters such as: • • • Discrimination Harassment, and Detriment NB Intention v Impact

Equal Opportunities Stage 3 Force Grievance Procedure STAGE 1 • • • Immediate Supervisor, Meeting within 7 days, Provide a report 7 days Aggrieved to consider report 5 days (and confirm in writing), Stage 1 - no more than 21 days.

Equal Opportunities Stage 3 Force Grievance Procedure STAGE 2 • • • Divisional Commander/Head of Department Meeting within 7 days Provide a report 7 days Aggrieved to consider report 5 days (and confirm in writing), If unsatisfied all paperwork send to HR director Stage 2 - no more than 21 days

Equal Opportunities Stage 3 Force Grievance Procedure STAGE 3 • • Director of HR, or other member of Force Executive 3 person panel including a Divisional Commander/Head of Department not associated with the grievance and Police Staff Association/Trade Union representative. Meeting within 7 days Provide a report 7 days Aggrieved to consider report 5 days (and confirm in writing), If unsatisfied all paperwork send to HR director Stage 3 - no more than 21 days

Equal Opportunities Stage 3 Force Grievance Procedure STAGE 4 • Support staff/cadets - Appeal • Strathclyde Joint Police Board Sub Committee • 14 days If still unsatisfied with the outcome recourse can be sought from Employment Tribunal.

Equal Opportunities Stage 3 Force Grievance Procedure All grievance paperwork and reports must be forwarded to the personnel manager, Equalities Unit, Personnel Department, Force Headquarters on completion of each stage of the grievance procedure (marked RESTRICTED).

Equal Opportunities Stage 3 Force Grievance Procedure Records of grievances will not be referred to or retain with any misconduct, discipline, promotion, selection of staff or staff appraisal process.

Equal Opportunities Stage 3 INTERVIEWING THE AGGRIEVED (MANAGER SHOULD) (i) g g g Listen Ascertain what happened Ask if there any witnesses Ask if the Alleged Perpetrator has been told to stop Find out what Aggrieved wants as a resolution

Equal Opportunities Stage 3 INTERVIEWING THE AGGRIEVED (MANAGER SHOULD) (ii) g g g Agree a plan Explain possible link with discipline Advise of Employment Tribunal time limits Discuss confidentiality Tackle concerns about victimisation

Equal Opportunities Stage 3 INTERVIEWING THE AGGRIEVED (MANAGER SHOULD) (iii) g g g Discuss welfare support Take notes and record action Keep aggrieved informed of progress

Equal Opportunities Stage 3 INTERVIEWING THE AGGRIEVED MANAGER SHOULD NOT) g g g Make excuses for the behaviour or trivialise it Try to talk the aggrieved out of pursuing a complaint Ask if they somehow encourage the behaviour Suggest it was a joke Do nothing

Equal Opportunities Stage 3 INTERVIEWING THE SUBJECT (MANAGER SHOULD) (i) g g g Be fair but firm Outline Allegation Emphasise need for confidentiality Avoid Victim Focus Seek confirmation behaviour took place

Equal Opportunities Stage 3 INTERVIEWING THE SUBJECT (MANAGER SHOULD) (ii) g g Obtain commitment behaviour will stop Seek an apology if appropriate Point out consequences of behaviour continuing Focus on Alleged Perpetrator’s behaviour not personality

Equal Opportunities Stage 3 INTERVIEWING THE SUBJECT (MANAGER SHOULD) (iii) g g g Remind them that it is not for them to decide if harassment took place or what the effect was on the aggrieved Advise that situation will be monitored Discuss Welfare Support Take notes and record action Keep Alleged Perpetrator informed of progress

Equal Opportunities Stage 3 INTERVIEWING THE SUBJECT(MANAGER SHOULD NOT) g g g Confront prior to investigations Assume that denial or lack of corroborative evidence means the complaint cannot be upheld Allow subjective reasoning to divert the purpose of the interview

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 8 GRIEVANCE HANDLING

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 9 RACE EQUALITY KEY POINTS & ISSUES

Equal Opportunities Stage 3 THE LEGISLATIVE ARMOURY g g Criminal Law (Consolidation) (Scotland) Act 1995 S. 50 A(1)(a)+S. 50 A(1)(b) Crime and Disorder Act 1998 S. 96(1)+S. 96(2) Public Order Act 1986 Sections 18 -24 - Racial Hatred (Words, Behaviour, Display, Publishing, Distributing, Plays, Broadcasting, Possession) Protection from Harassment Act 1997 - Harassing Conduct

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 9 RACE EQUALITY KEY POINTS & ISSUES

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 10 HISTORY & DEFINITION OF RACISM

Equal Opportunities Stage 3 Racism and How it Works ‘…. The transformation of prejudice on the grounds of race into action against the group defined as inferior, through the exercise of power and authority by individuals and organisations with wider cultural support’.

Equal Opportunities Stage 3 Racism Is: g g g Having a belief that there are different ‘races’ That one, or some, are superior to others, and then, Treating people less favourably because of different skin colour, ethnic background etc or because of their association with such people

Equal Opportunities Stage 3 Racism: the Scottish Dimension g g Sectarianism Politicisation of Racism Population statistics Early employment patterns

Equal Opportunities Stage 3 Types of Racism g g g Direct Racism Indirect Racism Institutionalised Racism Passive Racism Pro-Racism

Equal Opportunities Stage 3 2000 AD ASYLUM SEEKERS 2008 POLISH 600 BC CELTS 1975 AD VIETNAMESE 400 AD SAXONS 400 AD ANGLES 1970 AD EAST AFRICAN ASIAN 1066 AD NORMANS 1960 AD CHINESE 1950 AD SOUTH ASIANS 1950 AD CARIBBEANS 43 BC ROMANS BRITAIN A NATION OF SETTLERS 1940 AD POLISH 1900 AD EAST EUROPEAN JEWS 1850 AD IRISH 1000 AD FLEMISH 1700 AD BLACK SLAVES 1750 AD HUGUENOTS

Equal Opportunities Stage 3 Ethnocentrism is ‘the making of judgements about others behaviour and cultures based upon ones own culture as the norm, viewing others through the eyes of ones own culture’ or ‘the view of things in which one’s own group is the centre of everything, and all others are scaled-down and rated with reference to it’ - (Sumner)

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 10 HISTORY & DEFINITION OF RACISM

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 11 STRATHCLYDE POLICE RESPONSE TO RACIST INCIDENTS

Equal Opportunities Stage 3 “Racist Incident” ‘A racist incident is any incident which is perceived to be racist by the victim or any other person’. The Mac. Pherson Report on the Stephen Lawrence Enquiry

Equal Opportunities Stage 3 Race Relations Policy Pledge Strathclyde Police will accurately record and monitor reports of racially motivated incidents and will ensure they are thoroughly investigated

Equal Opportunities Stage 3 ‘Racist Incidents - Practical Steps (i)’ g g g Convey a positive commitment to take action Balance evidence gathering with empathy Consider an interpreter Note everything despite reservations Accept that the victim/other person perceives incident to be racist - do not question this

Equal Opportunities Stage 3 ‘Racist Incidents - Practical Steps (ii)’ g g g Reporting/investigating Officer should establish racial motive during course of investigation Always act in a supportive manner and make victims aware of support available Remember ‘racist incidents’ can be de-classified after investigation- the victim should be advised accordingly

Equal Opportunities Stage 3 ‘Remote Reporting’ g g Third Party (Voluntary Organisation, Race Equality Council etc) Multi-Agency Reporting Centre where there is a Police Presence

Equal Opportunities Stage 3 “Victim Support” g g g Victim Support West of Scotland Racial Equality Council Local Minority-Ethnic Organisations C. R. E. Family Liaison Officer (FLO’s)

Equal Opportunities Stage 3 M. A. R. I. M. Groups g g Examine Incidents and identify training needs Examine full extent of Racial problems Increase confidence Involve Appropriate Local Agencies

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 11 STRATHCLYDE POLICE RESPONSE TO RACIST INCIDENTS

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 12 CROSS CULTURAL COMMUNICATION

Equal Opportunities Stage 3 Betari’s Box My attitude affects My Behaviour Your Behaviour affects Your Attitude

Equal Opportunities Stage 3 Three parts of communication (i) MESSAGE SENDER RECEIVER

Equal Opportunities Stage 3 Three parts of communication (ii) ENCODE MESSAGE SENDER DECODE RECEIVER NOISE

Equal Opportunities Stage 3 Practical Steps to Better Understanding g Self-awareness Appreciation of some of the subtler ways in which crosscultural misunderstanding can occur Check understanding

Equal Opportunities Stage 3 The Nine Point Guide to Successful Cross Cultural Communication (i) g g g Remember, people are different Different does not mean abnormal, dysfunctional or less valid Don’t interpret other people’s body language in terms of your own cultural framework Check understanding of your message Don’t use terms or phrases that are unique to the cultural groups to which you belong

Equal Opportunities Stage 3 The Nine Point Guide to Successful Cross Cultural Communication (ii) g g Be aware of your own body language and how it may be interpreted Be conscious of personal space and the discomfort that you could cause others Check you understand the message you are receiving Be careful to avoid words that generalise, patronise or that could unintentionally cause offence

Equal Opportunities Stage 3 The Golden Rule n n n Always explain what you’re doing, why you’re doing it, and check that you’ve been properly understood

Equal Opportunities Stage 3 Sources of Interpreters g g Relatives / Friends / Neighbours Police Officers Professional Interpreters National Interpreting Service

Equal Opportunities Stage 3 Circumstances Requiring The Use of a Professional Interpreter g g Where a person is required to provide a witness statement which may be used in the course of the formal judicial process Where a person is to be interviewed under caution in relation to a crime or offence Where a person is to be required to submit to participation in an identification parade Where a person is to be cautioned and charged in relation to a crime or offence

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 12 CROSS CULTURAL COMMUNICATION

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES SESSION 13 RELIGION & BELIEF

Equal Opportunities Stage 3 Religion or Belief Discrimination Legislation Race Relations Act 1976 • Subsequent case-law extended protection to Jews and Sikhs who have been recognised as specific ethnic groups. Does not extend to other religions or beliefs, such as Christians and Muslims. Employment Equality (Religion & Belief) Regulations 2003 • Introduced on 2 December 2003 - making discrimination on the grounds of religion and belief unlawful in employment and vocational training.

Equal Opportunities Stage 3 Religion or Belief Discrimination Legislation Employment Equality (Religion & Belief) Regulations 2003 • The Regulations prohibits less favourable treatment based on: - A persons religion or belief - The perception (that could be mistaken) of a person’s religion or belief - Person’s association with someone of a particular religion or belief. - A refusal by a person to comply with discriminatory instruction.

Equal Opportunities Stage 3 Religion or Belief Discrimination Legislation Equality Act 2006 • Proposed extension of protection against discrimination in the provision of goods, facilities, services, premises and public functions on the grounds of religion or belief. Also consideration whether a duty to promote religious equality needs to be included. • Also extends regulations to specifically protect ‘lack of religion or belief’, therefore protecting those from being discriminated where they do not share a religion or belief.

Equal Opportunities Stage 3 Definition of Religion or Belief The Employment Equality (religion or Belief) Regulations 2003 do not explicitly define religion or belief. The Regulations extend anti-discrimination provisions to “any religion, religious belief or similar philosophical belief. This does not cover a philosophical or political belief unless it is similar to a religious belief”. An Employment Tribunal, when considering what constitutes a religion or belief, will consider factors such as: • Collective Worship • A Clear Belief System and • A Profound Belief affecting the way of life or view of the world.

Equal Opportunities Stage 3 Examples of Unlawful Discrimination The regulations prohibit direct discrimination, indirect discrimination, victimisation and harassment on the grounds of a person’s religion or belief. Direct Discrimination due to Religion or Belief • Lack of promotion, change of job • Unfavourable treatment I. e. workload • Denied Access to training • Abuse & Harassment

Equal Opportunities Stage 3 Examples of Unlawful Discrimination Indirect Discrimination due to Religion or Belief • “applying a provision, criterion or practice which disadvantages people of a particular religion or belief which is not justified as a proportionate means of achieving a legitimate aim”. • Muslim employees take a day off work to celebrate Eid and are disciplined for doing so. (Case Law: JH Walker Ltd v Hussain)

Equal Opportunities Stage 3 Employee Rights A draft Force Policy on religion or Belief has been prepared and is out for consultation. • The Policy aims to ensure fair treatment for everyone, of any religion or none. • People have the right to their own belief system but not to engage in activities or acts which result in offending the rights of others. • Any member of staff who feel they have been treated unfairly on the basis of their religion or belief can take formal steps to ensure that the matter is dealt with accordingly through the Force Grievance Procedure and Dignity and Fairness at Work Policy.

Equal Opportunities Stage 3 Employee Rights • Any behaviour or actions taken in breach of this force policy will be treated seriously by Strathclyde Police and may result in disciplinary action. • Any attempt at coercing or threatening others to comply with a particular belief system, for example through unauthorised distribution of propaganda or through threats or offensive remarks may also result in disciplinary action.

Equal Opportunities Stage 3 Managers Role • Be aware of your obligations and responsibilities under the policy. • Follow the guidance in religion or belief related matters how to deal with requests for: - Religions Observance - Time Off for Worship - Extended Leave - Special Leave - Dress Code & Appearance - Facilities for Prayer or Worship - Facilities for Washing - Dietary provision • Ensure staff are aware of the policy and their rights.

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES END OF SESSION 13 RELIGION & BELIEF

Equal Opportunities Stage 3 EQUAL OPPORTUNITIES STAGE 3