Targeted Provision - Equality and Diversity Policy

1. Purpose and scope

This policy sets out Targeted Provision Ltd's commitment to equality of opportunity, and to a working environment free from discrimination, harassment and victimisation.

It applies to:

• employees: people employed by Targeted Provision under a contract of employment;

• workers: people engaged by Targeted Provision under a worker contract to carry out work personally, who are not employees (for example casual or sessional staff); and

• contractors: self-employed tutors and other professionals engaged by Targeted Provision under a contract for services.

In this policy, "everyone who works with us" means employees, workers and contractors together. The policy also covers job applicants and people applying to be engaged as workers or contractors.

For contractors, the requirement to meet the equality standards in this policy is set out in their contract for services. This policy describes those standards. It does not create an employment or worker relationship.

Everyone who works with us receives a copy of this policy before starting work with Targeted Provision. Applicants can have a copy on request.

For employees and workers, this policy does not form part of their contract, and Targeted Provision may update it at any time. Any change to the standards contractors must meet will be made through their contract for services.

Questions about this policy should go to the Head of People at hr@targetedprovision.com.

2. Policy statement

Targeted Provision is committed to equality. Opportunities for employment and engagement, and during employment or engagement, will be offered fairly, whatever a person's age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race (including colour, nationality and ethnic or national origin), religion or belief, sex or sexual orientation (the protected characteristics).

We aim to create an environment free from discrimination and harassment, in which everyone who works with us, and our clients, young people and partners, are treated with dignity and respect.

We will not unlawfully discriminate in how we recruit employees or engage contractors, or in the opportunities we offer for employment, engagement, training or any other benefit. Decisions will be made fairly and objectively, based on aptitude and ability, and in line with our Safer Recruitment Policy. We aim to apply our practices fairly and consistently and, where they cause a particular disadvantage, to take reasonable steps to avoid or overcome it.

3. Our commitments

Targeted Provision will:

• value individual differences and the contributions of everyone who works with us;

• promote dignity and respect for everyone who works with us;

• not tolerate intimidation, bullying or harassment, and take action against anyone who breaches this policy (section 11);

• make training, development and progression opportunities available to employees and workers fairly;

• offer referrals and engagements to contractors fairly, based on the needs of each young person and the contractor's skills, experience and availability;

• encourage anyone who feels they have been discriminated against to raise it, so that we can put it right; and

• regularly review our employment and engagement practices, and our Safer Recruitment Policy, so that they remain fair.

4. Responsibilities

Targeted Provision has overall responsibility for the effective operation of this policy and for complying with the Equality Act 2010 and relevant codes of practice.

The Senior Leadership Team monitors and reviews this policy, and makes sure all employment and engagement policies and practices are consistent with it.

Managers apply this policy in their day-to-day management of employees and workers.

Everyone who works with us must not discriminate against or harass anyone they work with, including employees, contractors, young people, families, clients and suppliers. They must report any such behaviour they become aware of:

• employees and workers to their line manager or the Head of People; and

• contractors to the Head of People at hr@targetedprovision.com.

Support Owners and Referral Owners pass on any concern raised with them to the Head of People.

5. Forms of discrimination

Direct discrimination is treating someone less favourably because of a protected characteristic. This includes treating someone less favourably because of a characteristic they are thought to have (perception), or because of someone they are associated with, such as a partner or relative (association).

Indirect discrimination happens when a provision, criterion or practice applies to everyone but puts people who share a protected characteristic at a particular disadvantage, and cannot be justified. Since 1 January 2024, someone who does not share the characteristic can also bring a claim if they suffer the same disadvantage. For example, a man may bring a claim if a working pattern disadvantages women and places him at the same disadvantage. A provision, criterion or practice is justified only if it is a proportionate means of achieving a legitimate aim.

Discrimination arising from disability is treating a disabled person unfavourably because of something arising from their disability, unless the treatment is a proportionate means of achieving a legitimate aim.

Failure to make reasonable adjustments is failing to take reasonable steps to remove a substantial disadvantage that a disabled person faces because of a practice, a physical feature or the lack of an auxiliary aid.

Harassment is unwanted conduct related to a protected characteristic that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. It can be a single incident or persistent behaviour, can happen even if no offence was intended, and can affect someone even if it is not aimed at them. It can take the form of actions, comments, emails, messages or physical contact.

Sexual harassment is unwanted conduct of a sexual nature with the same purpose or effect. It includes unwanted physical contact, sexual remarks or jokes, intrusive questions about a person's private or sex life, and displaying sexual material.

Victimisation is treating someone unfavourably because they have made a complaint or allegation of discrimination, brought a claim, or supported someone else to do so. A complaint is protected unless it is false and made in bad faith.

5.1. 1 Preventing sexual harassment

Targeted Provision has a legal duty to take all reasonable steps to prevent sexual harassment of employees and workers before it happens. We apply the same approach to contractors. This is an anticipatory duty: we do not wait for an incident to occur.

We will also take all reasonable steps to protect everyone who works with us from harassment by third parties, such as clients, families, young people and other professionals they meet in the course of their work. This applies to harassment related to any protected characteristic, as well as sexual harassment.

To meet these duties, we will:

• regularly assess the risk of sexual harassment and third-party harassment in the course of work, including in young people's homes and community settings, and act on what we find;

• maintain and communicate a clear policy on sexual harassment and third-party harassment;

• train employees and workers regularly on recognising, preventing and reporting harassment, and give contractors information and guidance on it;

• make sure clients and commissioners know that harassment of anyone who works with us will not be tolerated, and take action where it happens, which may include pausing or ending a placement;

• provide clear routes for reporting harassment, including by third parties, and create an environment where people feel safe to report without fear of reprisal; and

• review our approach regularly, and after any incident.

6. Recruitment and engagement

In line with our Safer Recruitment Policy, recruitment and engagement will be free from bias and discrimination. Decisions are made objectively, against specific and reasonable criteria for the role or work, and based on aptitude and ability.

We will make reasonable adjustments to the recruitment process so that disabled applicants are not at a substantial disadvantage.

7. Induction, development and training

7.1. Employees and workers

• All employees and workers receive an induction and induction pack so they can carry out the responsibilities of their role.

• Employees are encouraged to develop their full potential. We will not unreasonably refuse access to training or development, which is decided objectively, taking account of business needs and available resources.

• Promotion decisions are based on objective criteria and merit.

• Employees and workers receive regular equality and diversity training.

7.2. Contractors

Before starting their first engagement, contractors receive an introduction to Targeted Provision's safer working practices and the standards in their contract for services, including this policy.

8. Policies, practices and reasonable adjustments

We aim to make sure our employment policies and practices, and our arrangements with contractors, including any rules or requirements, do not directly or indirectly discriminate and are applied fairly. In particular:

• disciplinary decisions about employees and workers, and decisions about engaging, renewing or ending contractors' engagements, will be fair and consistent; and

• selection for redundancy will be based on objective criteria.

Reasonable adjustments. We will make reasonable adjustments for disabled employees, workers and contractors, to the working environment, to how work is arranged or how referrals are offered, to remove a substantial disadvantage.

Religion, culture and caring responsibilities. As far as reasonably practicable, we will accommodate the needs of different religions and cultures. We will consider requests from employees and workers to change their working hours to care for a dependant. Contractors set their own availability, and we will take account of it when offering referrals.

9. Working environment

Everyone has the right to be treated with dignity and respect. Targeted Provision takes reasonable steps to protect everyone who works with us from discrimination, bullying and harassment, including by clients, families and young people. When a complaint is made, we will take appropriate action to prevent it happening again.

Everyone who works with us is encouraged to report inappropriate or unacceptable behaviour that happens in the course of their work, on or off premises. This includes work-related social events, whether or not Targeted Provision organised them, and formal or informal events involving colleagues, clients or other work contacts.

Our Anti-Bullying and Harassment Policy and Whistleblowing Policy set out how complaints of harassment are handled.

10. Monitoring

We monitor the effectiveness of this policy, including:

• access to training, promotion and other opportunities and benefits for employees and workers;

• the impact of our employment policies, including use of the disciplinary and grievance procedures; and

• decisions about engaging, renewing and ending contractors' engagements.

We do not currently monitor the number of applications from different groups, or the characteristics of people who work with us.

Information collected for monitoring is kept confidential and used only for that purpose.

11. Raising a concern

If you believe you have been discriminated against, harassed or victimised:

• employees and workers should raise it under the Grievance Procedure; and

• contractors should raise it under the Complaints Policy, by contacting the Head of People at hr@targetedprovision.com.

Both documents are in the induction pack and available on request.

Anyone found to have discriminated against, harassed or victimised someone, or otherwise breached this policy, will face action:

• employees and workers under the Disciplinary Procedure, which may lead to dismissal or the end of their engagement; and

• contractors under their contract for services, which may lead to their engagement ending.

No one will be treated less favourably for making a complaint or allegation in good faith, even if it is not upheld. Action may be taken only where an allegation is shown to be false and made in bad faith.

12. Review

This policy is reviewed every six months and updated to reflect any changes in equality law.