Equality 

at Roots and Shoots Learning

Roots and Shoots Learning CIC recognises the benefits of having a diverse community of team members and students, who value one another and the different contributions they can make to achieve the Company’s mission to be a centre of excellence. Roots and Shoots Learning CIC is committed to being an equal opportunities employer and education provider, providing equality of opportunity for all team members and students, applicants, suppliers and visitors. In the provision of equal opportunities, Roots and Shoots Learning CIC recognises and accepts its responsibilities under the law. This policy aims to provide equality of opportunity regardless of gender, ethnicity, colour, disability, religion, age, sexual orientation, or marital status. 

Roots and Shoots Learning CIC seeks to create an open and supportive environment which is free from discrimination, and which encourages all team members and students to participate fully in Roots and Shoots Learning CIC activities. 

This is an overarching policy that should be read in conjunction with other relevant policies and guidance notes such as the Safeguarding and Child Protection Policy and Complaints Policy. 

This policy applies to all aspects of Roots and Shoots Learning CIC team members and student activity, including volunteers.

Responsibilities

Team members are encouraged to assist in promoting equal opportunities by bringing discriminatory practices to the attention of Louise Sullivan as Director or their manager. All those in management and Senior leadership roles will, through their responsibilities, be proactive in promoting diversity and equal opportunities, and in tackling discrimination. All team members should understand they, as well as their employer, can be held liable for acts of bullying, harassment, victimisation and unlawful discrimination, in the course of their employment, against fellow employees, students, applicants, suppliers and visitors.

Roots and Shoots Learning CIC will ensure that: 

• All team members and students are aware of the Equality Policy. 
• The implementation of equal opportunities is adequately monitored. 
• Team members and students are provided with appropriate forums to discuss and deal with equal opportunities issues. 
• Clear and publicly accessible procedures are in place for the fair teaching of students, free from discrimination. 
• Roots and Shoots Senior Leadership Team are responsible for ensuring that team members and students adhere to the Equality Policy. 

All team members will support and implement the Equality Policy and ensure that their behaviour and/or actions do not amount to discrimination or harassment in any way. 

The development and monitoring of the Equality Policy is supported by the Senior Leadership Team, who are responsible for developing and co-ordinating initiatives that will enhance diversity and equality of opportunity within the business. All team members  are required to comply with this policy and with the relevant legal requirements and are expected to promote a culture free of discrimination, prejudice and all forms of harassment and bullying. 

Any incidents of discrimination, harassment or bullying will be investigated and may be grounds for disciplinary action.

The Legal Framework

The following legislation applies to all: 

• The Equality Act 2010 
• Sex Discrimination Act 1975 (as amended 2003) 
• The Race Relations Act 1976 (as amended 2000) 
• Disability Discrimination Act 1995 (as amended 2001, 2003) 
• Prevention from Harassment Act 1997 
• Human Rights Act 1998 
• Race Relations Amendment Regulations 2003 

Protected Characteristics 

The protected characteristics under the Equality Act 2010 are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Discrimination

The Race Relations Act (1976) outlines four main forms of unlawful discrimination: 

• Direct discrimination 
• Indirect discrimination 
• Victimisation 
• Harassment 

The following definitions are taken from the Race Relations Act (1976). These classifications also apply under the Sex Discrimination Act (1975) and the Employment Equality (Sexual Orientation and Religion and Belief) Regulations (2003). 

Direct Discrimination - this occurs when a person is treated less favourably on racial grounds than another person is, or would be, treated in the same or similar circumstances. Direct discrimination is automatically unlawful, whatever the reason for it, and no justification can be put forward to excuse the difference in treatment. 

Indirect Discrimination - consists of applying in any circumstances covered by the Act, a requirement or condition which, although applied equally to persons of all racial groups, is such that 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, for example, a rule about clothing or uniforms which disproportionately disadvantages a racial group and cannot be justified. 

Victimisation - this occurs when a person is treated less favourably than another is, or would be, treated because they have brought, or are suspected of having brought, legal proceedings under the Act, or because they have given evidence or information on behalf of someone else’s complaint, or because they have complained of discrimination. 

Harassment - this occurs when a person harasses another on grounds of race, or ethnic or national origin when his or her behaviour is unwanted, and when it has the purpose or effect of violating the other person’s dignity or creating an intimidating, hostile, degrading, or offensive environment for them.

Disability Discrimination Act

Under the Disability Discrimination Act 1995 (as amended 2001) discrimination against disabled people can take place in either of three ways: 

1. When a responsible body treats a disabled person less favourably, for a reason relating to the person’s disability, than it treats (or would treat) a person to whom that reason does not, or would not, apply and that treatment cannot be justified. 

1. By failing to take reasonable steps to ensure that disabled people are not placed at a “substantial disadvantage” compared to other people, without justification. This is known as the reasonable adjustments’ duty. 

1. Victimisation is a special form of discrimination covered by the Act. It applies whether the person victimised is a disabled person, as defined above under the Race Relations Act. All material published by The Outdoors Group Ltd will seek to avoid the use of offensive and discriminatory language and images. Publicity materials will include a statement outlining The Outdoors Group Ltd.’s commitment to equality of opportunity and diversity (this may be indirectly stated through a referral to our policy section on our website)

Procedure

Any complaints that are upheld will be dealt with as misconduct under the organisation’s grievance and/or disciplinary procedures, and appropriate action will be taken. Particularly serious complaints could amount to gross misconduct and lead to dismissal without notice.

Further, sexual harassment may amount to both an employment rights matter and a criminal matter, such as in sexual assault allegations. In addition, harassment under the Protection from Harassment Act 1997 – which is not limited to circumstances where harassment relates to a protected characteristic – is a criminal offence.

Details of our grievance and disciplinary policies and procedures are available by clicking the links. This includes with whom an employee should raise a grievance – usually their manager.

Use of the organisation’s grievance or disciplinary procedures does not affect an employee’s right to make a claim to an employment tribunal within three months of the alleged discrimination.

Monitoring, evaluation and review

Roots and Shoots Learning CIC will review this policy annually and assess its implementation and effectiveness. The policy will be promoted and implemented throughout the provision.