Equal Opportunities in Whan Photography

I am glad to be given the opportunity to introduce "Equal Opportunities in Whan Photography" to its readers.

Equal Opportunities in Whan Photography is primarily about fairness to everyone: - in looking at talents and abilities, irrespective of sex, race or disability, and rewarding good work. We must continue to question attitudes - our own and others' - and continue to bring about change. Only that way will we achieve our objective of making the best use of all resources and truly become aw equal opportunity employer.

Policy Statement

Whan Photography is committed to provide equal opportunities in employment. This means that all job applicants and employees shall receive equal treatment regardless of sex, marital status, race, colour, nationality or ethnic or national origins, trade union membership/non membership or disability. This section of our website is a guide to staff to help them make that commitment a reality - to put our policy into practice. It considers the main areas of concerns: • What are equal opportunities? • What is discrimination? • What does the law say? • How does it affect me? • What are my responsibilities? This section of our website is designed to give all staff a better understanding of the major issues and to encourage them to participate actively in continuing to implement our equal opportunities policy, in order to achieve the objective of being an equal opportunity employer.

Maternity and Parental Leave

A flexible Career Break Scheme has been introduced to enable qualifying staff to combine family and career responsibilities. Maternity Break Scheme • 6 months' or 1 year's Maternity Leave for staff who qualify. • An Adoption Break of 41 weeks is also available for adoptive parents. • Parental Leave allows fathers to take a period of up to 12 weeks unpaid leave at any time during the year following the birth of their child.

Flexible Working

Whan Photography has introduced a Job Sharing Scheme and continues to increase the options available to staff in all grades who seek flexible working arrangements. Holiday Float allows staff the opportunity to accumulate and carry forward up to 5 days holiday entitlement.

Carers' Responsibilities

Emergency Carer's Leave has been introduced to help staff who need. urgent time off to look after a dependent adult or child. A Responsibility Break has been introduced to provide our staff who face caring responsibilities for sick, elderly or disabled people. This scheme allows staff to reduce their hours or take a complete break for up to 6 months un paid, returning to work at their previous status.

Mobility

Revisions have been effected to the contractual Clause which reflect the degree of mobility required from each member of staff to fulfil his/her career potential and meet the needs of the business. This move will help to eliminate potentially discriminatory practices; The appraisal form has been changed to allow staff to comment on their own. mobility.

SOCIAL CHANGES

In recent years, there have been many developments and social changes relating to the employment of women and racial minorities. Legislation has been introduced to eliminate discrimination and encourage equal opportunity, and to make it possible for women to return to work after maternity leave. Social and economic changes have influenced the traditional family structure. It can no longer be assumed that women will give up their jobs to have a family and stay at home for many years. Many families rely on two incomes, a woman may earn more than her partner, and there is an increasing number of single parent families, where women are often the sole breadwinner. We live in a diverse multi-racial society. It is increasingly important that this society is reflected within our workforce, both locally and nationally. Information relating to the representation of minority groups is available from the Government's Statistical Office. There is a growing awareness amongst women, ethnic minorities and people with disabilities that they should have the opportunity to do jobs involving responsibility and authority and leading to management positions. Increasingly, senior positions in.

Best Use of Resources

The effective implementation of our equal opportunities policy will lead to improved employment practices and provide quality staff which are essential in today's competitive environment. The overriding principle is that each person must be judged on merit and on his/her ability to do a job. Extraneous circumstances such as family commitments must not influence a person's career unless the member of staff concerned expresses a wish for them to be considered. Where family commitments are discussed it should be in a positive way and women should not be regarded as being less committed or less ambitious if they wish to combine a career with a family.

Encouragement of Minority Groups

There has been a marked increase in the number of women in senior positions in recent years of various companies in Europe, however the lower graded jobs are still filled predominantly by women. Equally, there are still relatively few members of ethnic minorities in management. We are concerned that some minority groups of staff could look at this position and assume that they would not have much chance of progressing through to management. One of the aims of this booklet is to show that this is not the case and to encourage every member of staff to take advantage of the equal opportunities available.

EQUAL OPPORTUNITIES LEGISLATION

It is important that all members of Whan Photography staff are aware of the main provisions of equal opportunities legislation, summarised below. No employee has a choice about complying with the legislation--it is unlawful not to do so. However, Whan Photography takes a positive approach and wishes to embrace the spirit as well as the letter of the law. We intend to create a climate in which equal opportunities are a reality, both. in our attitudes and practices of employment.

Equal Pay Act

The Equal Pay Act 1970, amended in 1983, aims to remove discrimination between men and women in pay and other terms of their contracts of employment. The legislation has implications for job evaluation, schemes which must be analytical and free from sex bias.

Sex Discrimination Act 1975 and 1986

The Sex Discrimination Acts state that in employment it is unlawful to discriminate against men or women on grounds of sex or marriage in. recruitment, training, promotion, dismissal and retirement. There are two types of discrimination: Direct discrimination occurs when a person of one sex is treated less favourably, on grounds of sex, than a person of the other sex would be in the same or similar circumstances. For example, in selection procedures it may be discriminatory to ask woman applicant questions about her family commitments when similar questions would not be asked of male candidates. Indirect discrimination may occur when the same requirement or condition is applied to both sexes but the proportion of one sex which can comply with it is much smaller than the proportion of the other sex which can comply with it. If this is the case the employer must prove that the requirement is necessary for the job, irrespective of sex, unless the employer can do so it will be unlawful whether or not there was an intention to discriminate. Unlawful indirect discrimination has been found where an employer imposed an age limit of 17'/2 to 28 for new recruits - for both sexes - but it was held that many women of that age group would he unable to apply for the job because of family commitments. Both types of discrimination refer to both sex and marriage. It is unlawful to treat a married person less favourably than an unmarried person of the same sex in the same or similar circumstances. For example, it would be discriminatory to assume that married women are less mobile than single women and, therefore, not consider them for promotion to train them for management. Indirect discrimination may occur when the same requirement or condition is applied but the proportion of married persons which can comply with it is much smaller than the proportion of unmarried persons of the same sex.

Race Relation Act

The Race Relations Act 1976 has many similarities with the Sex Discrimination Act. It aims to eliminate discrimination on grounds of race in recruitment, training, promotion and dismissal. There are two types of discrimination: Direct discrimination consists of treating a person, on racial grounds, i.e. race, colour, nationality (including citizenship) or ethnic or national origin less favourably than others would be treated in the same or similar circumstances. Indirect discrimination may occur when the same requirement or condition is applied equally to persons of all racial groups but a considerably smaller proportion of a particular racial group can comply with it and it cannot be shown to be justifiable on other than racial grounds. Examples of indirect discrimination may include restricting recruitment to areas where there are few racial minorities, or setting educational qualifications higher than are necessary for the requirements of a job.

Employment Act 1990

The Employment Act 1990 states that it is unlawful to make a decision on recruitment according to whether the applicant is a Union member or not. This also applies where individuals are refused employment because they are unwilling to accept a requirement to become or cease to be Union members, to remain or not to become members, or to make payments as a result of not being a Union member.

Victimisation

Victimisation is unlawful in relation to the Equal Pay Act, Sex: Discrimination Acts and Race Relations Act. This means that a person. may not be treated less favourably than other persons because he/she has taken action relating to the Acts e.g. has brought proceedings or has~ given evidence in a case.

Positive Action

Both the Sex Discrimination Acts and the Race Relations Act allow, employers to take positive action where in the previous 12 months no member of one sex or race were doing particular jobs, or where their number was comparatively small. This can include training employees: for work which is traditionally the preserve of the other sex or other racial groups, e.g. training men to be Professional Photographers, or training women for some management jobs. It can also include advertisement & which encourage applications from the minority sex or which are: designed to reach particular racial groups e.g. by being placed in ethnic newspapers. However, selection must be made on merit.

Supervisory Bodies

The Equal Opportunities Commission (EOC) was set up under the Sex Discrimination Act and the Commission for Racial Equality (CRE) was, set up under the Race Relations Act. Both organisations are responsible: for working towards the elimination of discrimination, for promoting equal opportunities, and for reviewing the working of the respective legislation. They have powers to assist individuals to institute legal proceedings and also to conduct formal investigations and to publicise the findings.

Disability Discrimination Act

The Disability Discrimination Act (DDA) 1995 makes it unlawful to discriminate against disabled people in employment, in the provision cit goods and services and in the sale or letting of premises. The goods and services provisions apply to all suppliers of goods and services. The employment provisions of the DDA protects disabled people from discrimination in any area of employment, permanent or temporary, including: • Recruitment/Selection • Transfer • Promotion /Career Development • Training • Provision of benefits Retention • Dismissal Complying with the DDA does not prevent an employer from appointing the best person for the job. However, unlike other discrimination legislation the DDA allows employers to treat disabled people more favourably. Discrimination can occur in two ways: • less favourable treatment that cannot be justified. • failure to make reasonable adjustment that cannot be justified. Effective and practicable adjustments for disabled people often involve little or no cost or disruption. Guidance is given to our managers and team leaders in our in-house guide "Managing Ability

Codes of Practice

The CRE has issued a Code of Practice which came into effect in April 1984 and which gives practical guidance to employers on how to interpret the Race Relations Act and to implement effectively their equal opportunities policies. Similarly the EOC has issued a Code of Practice in relation to the Sex Discrimination Act which came into force on 30th April 1985. Whilst such Codes do not impose any legal obligations, they will be admissible in evidence in proceedings taken under either Act, and if any provision of such Codes appear to a tribunal to be relevant to any question arising in the proceedings it will be taken into account in determining that question. The Code of Good Practice on the Employment of Disabled People was originally issued by the Manpower Services Commission (now The Employment Service) in November 1984. It brings together details of good practices already implemented by leading employers, sets out objectives for which employers and employees should aim and describes the assistance available to help them achieve such objectives.

Age

Ageism is a form of discrimination which is not specifically covered by the law, although from the earlier example it can be seen that when an.. age limit affects a greater proportion of one sex or the other it can, amount to indirect discrimination. There are no age barriers to any position in Whan Photography and this should be in mind when recruiting, appraising and considering staff for promotion.

PUTTING POLICIES INTO PRACTICE

An equal opportunities policy must be more than a statement of good intentions. For it to be effective it must be acted upon and put into everyday practice. It is important for members of staff to ensure that all their actions are in, line with this Whan Photography policy. In all matters relating to recruitment, promotion, appraisal and career development, a person should be assessed., on his/her individual qualities and abilities. Any qualifications required for jobs, at all levels, should be necessary for such jobs. Many people reading this booklet probably believe that they practice equal opportunity and if there is any problem it is that women, ethnic', minorities and people with disabilities do not take advantage of the opportunities. We would ask all staff not to be complacent and to question such attitudes. Discrimination is rarely a deliberate act - it usually occurs inadvertently. In particular, we should check the results of our actions. Do they lead to the recruitment of a higher proportion of applicants of one - sex or race than the other? Are particular jobs always filled by one sex or race? If the answer is yes to questions such as these, it is possible that: decisions have been influenced by sex or race. All staff should take care to ensure that their actions are not influenced: by stereotyped views of who are "career staff" or not. There should b. no assumptions that individuals, because of their sex, marital status or race possess characteristics which might put them either at an advantage: or disadvantage. Examples of assumptions might be: • Women and black people have limited career aspirations. • A woman should not be the main breadwinner in the family. All male staff are expected to progress to higher paid positions i.e.: management. • Women with children are likely to want more time off work. • People from ethnic minorities lack the qualifications and skills for a banking career. • Customers would not like a female or a black bank manager. • Women and racial minorities are less mobile and, therefore, not likely to progress to management. • Disabled people are less effective employees. • Part-timers have little or no prospects beyond basic employment duties. The eradication of erroneous assumptions such as these is one of the most important steps we can all take in contributing towards equality in employment.

Harassment

Sexual and racial harassment are unacceptable in the Whan Photography workplace. Harassment can be upsetting to individuals singled out for such treatment and bystanders as both may feel threatened by such behaviour. Sexual Harassment is unwanted comments, looks, suggestions or physical contact of a sexual nature which cause a person to feel upset, embarrassed or offended. Racial Harassment comprises derogatory remarks or actions of a racial nature directed at a person of different ethnic origin which cause a person to be upset, embarrassed or offended. Most complainants simply want the behaviour to stop, without fuss or bother, and it is the responsibility of Management to deal with all incidents seriously and sensitively. The working environment must be untainted by harassment.

Recruitment

Whan Photography will make every effort to attract applications from both sexes, all races and disabled people, and will ensure that there are equal opportunities in all stages of the recruitment process. All advertisements and recruitment literature will encourage applications for employment from suitable candidates of both sexes, all races and disabled people. There are no age barriers to employment. In selecting potential sources of recruitment a conscious effort must be made to reach both sexes and all races. If dealing with single sex. schools, both boys' and girls' schools should be approached. Similarly, links should be made with schools and colleges where ethnic minority pupils are well represented, as well as with those which have mainly white students. The aim should be to make sure that the field of applicants broadly reflects the distribution of ethnic groups in the relevant labour market. Whan Photography will take special care to ensure that they apply consistently the same criteria to both sexes and all races and that such criteria are relevant to the job. For example, it would clearly be wrong to demand higher educational qualifications for male applicants than for females because of any assumptions that all the males would be expected to become managers. It would also be wrong to demand particular types of qualifications if this excludes a higher proportion of black than white. applicants and is not necessary for the job. In all stages of the recruitment procedure an applicant must be considered only on merit. Questions must not be asked about family commitments unless they are clearly relevant to the demands of the job. People with disabilities who apply for employment must receive fair treatment and be considered solely on their capability to do the job.

Career Development

In promotion and career development, it should be assumed that both sexes and all races are potentially suitable for all jobs and could provide Whan Photography future management. Where jobs have been done mainly by one sex or race in the past, efforts should be made to ensure that members of the other sex or races are encouraged to apply and are actively considered for such jobs.. Whan Photography will ensure that a woman who wishes to pursue a career not disadvantaged if she has children. There will be no age barriers in selection for jobs, in access to training or any special schemes which select staff as having potential for promotion to senior management. If existing staff become disabled, every effort will be made to continue to employ them in their existing jobs or another position more appropriate to their changed abilities. All disabled staff should be integrated into the workforce and any special needs they may have should be examined thoroughly. All employees should be encouraged to accept disabled colleagues as readily as able-bodied colleagues. There should be no assumptions that disabled staff are unlikely to progress to management. They should be offered experience and opportunities according to their abilities and qualifications.

Training

Training serves two main purposes - first to improve performance in the job; second, to develop to the full the individual's abilities and so provide preparation for more senior jobs. It should be recognised that this is essential to train all staff. When Whan Photography provides in-house training candidates for internal and external courses, decisions should depend entirely upon the member of staff's personal qualities and abilities. There should be no preferences, such as training a man in preference to a woman because she might leave to have a family. Training courses include reminders, where appropriate, Whan Photography's equal opportunities policy. Case studies on such courses and videos used for training purposes should demonstrate that all types of jobs be done by both sexes and all races. Staff who are not able to attend courses because of domestic problems are encouraged to discuss with their manager alternative to meeting the training need.

Appraisals

Performance appraisals must be carried out in a non-discriminatory way. It should not be assumed that members of one sex or race have different qualities, strengths, weaknesses etc., than the other and would therefore, be suitable for particular jobs. In considering career prospects and whether to recommendation, an interviewer should encourage all staff equally regardless of their sex, race or marital status. Women/racial minorities should be encouraged to consider themselves as candidates for jobs which have not traditionally been done be members of their sex or race. Family commitments should be discussed with women staff only when they would also be discussed in similar circumstances with male staff. Such discussions should take place only where they are of relevance to the job and it should not be assumed that family commitments, for men or women, lead to limited career aspirations.

Mobility

Mobility should be realistically assessed on a short term basis. Whan Photography recognises that there may be times in a person's career when a house move might be more inconvenient than at other times. However, an interviewer should not make assumptions, e.g. that women with children are not mobile or that ethnic minority staff would not be prepared to live in a different area. Equally, an interviewer should not assume that personal inhibitions on mobility are permanent and these should be regularly reviewed and discussed with the individual.

PROCEDURES

Disciplinary Procedure Should a member of staff fail to carry out Whan Photography's equal opportunities policy as set out in this booklet, he/she may be the subject of disciplinary action for misconduct, which may result in dismissal.