Better Together Community Support Group

Safeguarding Policy for Children and Vulnerable Adults (2020)

Safeguarding is everyone’s responsibility. For reasons of consistency and practicality, the charity's procedures for safeguarding vulnerable adults will be the same as those for safeguarding children and young people or vulnerable adult, except where the law, or the specific circumstances of an individual's need require otherwise.

Child and vulnerable adult protection are part of safeguarding and promoting welfare. This refers to the activity which is undertaken to protect specific children or vulnerable adults who are suffering or are at risk of suffering significant harm. As adults and/or professionals or volunteers, everyone has a responsibility to safeguard children and vulnerable adults and promote their welfare.

Safeguarding and promoting the welfare of children and vulnerable adults – protecting them from significant harm - depends upon effective joint working between volunteers, agencies and professionals that have different roles and expertise.

Individual children and vulnerable adults, especially some of the most vulnerable children and vulnerable adults and those at greatest risk of social exclusion, will need co-ordinated help from health, education, children’s or adult social care.

For those children and vulnerable adults who are suffering, or at risk of suffering significant harm, joint working is essential, to safeguard and promote welfare of the child(ren) and vulnerable adults and, where necessary, to help bring to justice the perpetrators of crimes against children or vulnerable adults. All volunteers, agencies and professionals should:

✓ be alert to potential indicators of abuse or neglect;

✓ be alert to the risks which individual abusers, or potential abusers, may pose to children or vulnerable adults;

✓ share and help to analyse information so that an assessment can be made of the child’s or vulnerable adult’s needs and circumstances;

✓ contribute to whatever actions are needed to safeguard and promote the child’s or vulnerable adult’s welfare;

Definitions of abuse and neglect:

Abuse and neglect are forms of maltreatment of a child or vulnerable adult. Somebody may abuse or neglect a child or vulnerable adult by inflicting harm, or by failing to act to prevent harm. Children or vulnerable adult’s may be abused in a family or in an institutional or community setting; by those known to them or, more rarely, by a stranger. They may be abused by an adult or adults or another child or children.

Physical abuse

Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child or vulnerable adult. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces illness in a child or vulnerable adult.

Emotional Abuse

Emotional abuse is the persistent emotional maltreatment of a child or vulnerable adult such as to cause severe and persistent adverse effects on the child’s or vulnerable adult’s emotional development. It may involve conveying to children or vulnerable adults that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children or vulnerable adult. These may include interactions that are beyond the child’s or vulnerable adults’ developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child or vulnerable adult participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying causing children or vulnerable adults frequently to feel frightened or in danger, or the exploitation or corruption of children or vulnerable adult. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

Sexual Abuse

Sexual abuse involves forcing or enticing a child or young person or vulnerable adult to take part in sexual activities, including prostitution, whether or not the child or vulnerable adult is aware of what is happening. The activities may involve physical contact, including penetrative (eg: rape, buggery or oral sex) or non-penetrative acts.

They may include non-contact activities, such as involving children or vulnerable adult in looking at, or in the production of, pornographic material or watching sexual activities, or encouraging children or vulnerable adults to behave in sexually inappropriate ways.

Neglect

Neglect is the persistent failure to meet a child’s or vulnerable adult’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s or vulnerable adult’s health or development. Neglect may involve a parent or carer failing to provide adequate food and clothing, shelter including exclusion from home or abandonment, failing to protect a child or vulnerable adult from physical and emotional harm or danger, failure to ensure adequate supervision including the use of inadequate care-takers, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s or vulnerable adult’s basic emotional needs.

Awareness

All volunteers will be made aware of this policy as part of their initial induction process and there will be regular briefings and updates for all staff.

Reviewing the Policy and Procedure

This policy and procedure will be reviewed every year, this will include checking telephone numbers, accuracy of personnel details, and any updates required by a change in local or national policy.

Procedures

What to do if you have concerns about a child or vulnerable adult

You may have concerns about a child or vulnerable adult because of something you have seen or heard, or a child or vulnerable adult may choose to disclose something to you. If a child or vulnerable adult discloses information to you, you should:

✓ Do not promise confidentiality, you have a duty to share this information and refer to Children’s Social Care Services.

✓ Listen to what is being said, without displaying shock or disbelief.

✓ Accept what is said.

✓ Reassure the child or vulnerable adult, but only as far as is honest, don’t make promises you may not be able to keep eg: ‘Everything will be alright now’, ‘You’ll never have to see that person again’.

✓ Do reassure and alleviate guilt, if the child or vulnerable adult refers to it. For example, you could say, ‘You’re not to blame’.

✓ Do not interrogate the child or vulnerable adult; it is not your responsibility to investigate.

✓ Do not ask leading questions (eg: Did he touch your private parts?), ask open questions such as ‘Anything else to tell me?’

✓ Do not ask the child or vulnerable adult to repeat the information for another member of staff.

✓ Explain what you have to do next and who you have to talk to.

✓ Take notes if possible or write up your conversation as soon as possible afterwards.

✓ Record the date, time, place any non-verbal behaviour and the words used by the child (do not paraphrase).

✓ Record statements and observable things rather than interpretations or assumptions.

Whatever the nature of your concerns, discuss them with your manager or designated member of staff. See the diagram on the next page for the process to follow.

If you still have concerns, contact the appropriate safeguarding organisation (eg: Local Authority social services department) with as much details of the individual and the concerning issue.

Allegations Involving a Members of Staff/Volunteer

Better Together is committed to having effective recruitment and human resources procedures, including checking all staff and volunteers to make sure they are safe to work with children and young people or vulnerable adult.

However, there may still be occasions when there is an allegation against a member of staff or volunteer. Allegations against those who work with children or vulnerable adult, whether in a paid or unpaid capacity, cover a wide range of circumstances

All allegations of abuse of children or vulnerable adult by those who work with children or vulnerable adult or care for them must be taken seriously. All reports of allegations must be submitted within one working day to the child protection officer or adult social care.

The following procedure should be applied in all situations where it is alleged that a person who works with children or vulnerable adult has:

✓ Behaved in a way which has harmed a child or vulnerable adult, or may have harmed a child or vulnerable adult;

✓ Possibly committed a criminal offence against or related to a child or vulnerable adult;

✓ Behaved towards a child or children or vulnerable adult(s) in a way which indicates that he/she is unsuitable to work with children or vulnerable adult.

The allegations may relate to the persons behaviour at work, at home or in another setting.

The child protection officer or adult social service will discuss the matter to determine what steps should be taken and where necessary obtain further details of the allegation and the circumstances in which it was made. The discussion should also consider whether there is evidence/information that establishes that the allegation is false or unfounded, whether a referral other services or organisations is required and/or whether disciplinary action is appropriate.

If the allegation is not patently false and there is a major concern that a child or vulnerable adult is suffering or is likely to suffer significant harm, the child protection officer or adult social service will immediately be asked to intervene.

Some allegations may be less serious and at first sight might not seem to require action. However, it is important to ensure that even apparently less serious allegations are followed up and examined objectively by someone independent of the organisation. Consequently, the child protection officer or adult social service should be informed of all allegations that come to a volunteer’s attention and appear to come within the scope of this procedure so that he or she can consult police and social care colleagues as appropriate.

Where such allegations are made, consideration must be given to the following three strands:

1) The police investigation of a possible criminal offence;

2) Enquiries and assessment by children’s or adult social care services as to whether the child or vulnerable adult is need of protection or in need of services;

3) Consideration by the Better Together - Community Support Group for Stoke-on-Trent and NUL of disciplinary action in respect of the individual.

We do not accept any form of verbal or physical abuse, harassment or rudeness towards our visitors, participants, volunteers, or members of staff. If we are notified or notice this kind of behaviour we will speak to the individual, highlighting the inappropriate behaviour once. If this issue continues and further issues are raised or noticed, we will ask the individual to leave and implement a ban from further participation. Any form of physical abuse will be handled by the police and results in an exclusion of any further activities.

Additional, we are following local guidelines in relation to Stoke-On-Trent and Staffordshire's Safeguarding Board.

Contact numbers:

Staffordshire 0800 1313 126

Stoke-On-Trent 01782 235 100

Home - Staffordshire Safeguarding Children Board (staffsscb.org.uk)

Risk Management Policy and Risk Register for Better Together Community Support Group® for Stoke-on-Trent and NuL

This risk management policy has been written to emphasise areas of activity where participants, staff, Trustees and volunteers of Better Together Community Support Group® for Stoke-on-Trent and NuL (also called Better Together within this document) are potentially vulnerable to adverse actions and events. A certain degree of risk must be accepted in all Better Together activities but should be managed at an acceptable level. "Risk" is used in this guidance to describe the uncertainty covering procedures and their outcomes that may have a substantial effect, either improving or reducing:

• Operational performance

• Achievement of aims and objectives

• The meeting of stakeholders’ expectations.

"Major risks" are those risks which have a high probability of arising and would, if they occurred, have a serious impact on operational performance or achievement of aims and objectives. They could harm the reputation of Better Together Community Support Group® for Stoke-on-Trent and NuL or change the way Trustees and staff might deal with or look at activities accommodated by Better Together. Risk management should therefore not be simply a compliance issue, nor as being solely focused on the deterrence of disaster.

The procedure will allow Trustees and/or Directors to focus on the mitigation of risks that would prevent the organisation achieving its objectives. Therefore, the Better Together Board will be able to take opportunities and develop objectives with an understanding of the risks faced It will provide the needed confidence that reasonable steps have been taken to manage potential risks and how to encounter them. Consideration of the risks fundamental in all activities will be an element of planning and decision making.

Considerations Strategic Management

The strategy used when defining risk is the action taken to give effect to long-term plans and objectives.

Safety

The physical safety and health of our members is paramount in all Better Together activities. Technical Changes in accordance with Better Together safeguarding policy must be considered along with other legislation governing community activities such as:

• Safeguarding Vulnerable Group Act 2006

• Equality Act 2010

• The Children Act 2004

• Health and Safety at Work etc. Act 1974

• The Management of Health and Safety at Work Regulations 1999

• Legal responsibilities – civil and criminal – including compliance with law and regulation, e.g. breach of trust law, employment law, and legislative requirements of particular activities such as fund-raising.

Financial:

The economic and financial effect of each project should be considered in planning, monitoring and managing it, along with the overall management of funds, for example:

• Accuracy and timeliness of financial information, adequacy of reserves and cash flow, diversity of income sources, such as different funding opportunities

Insurance for all known risk factors and their financial implications. Responsibility The responsibility that Better Together has to its service users, staff and (once the organisation achieves charitable status) the Charity Commission including:

• Governance e.g. conflicts of interest

• Operational e.g. service quality and development, employment issues, health and safety issues

• External e.g. public perception and adverse publicity, demographic changes, government policy and guidelines

• This list is not definitive or exhaustive and will be updated to consider changes to relevant policies, legislation and best practice. 3 Identification and Management of Risk must be identified through examination of:

• What is going to happen

• What else could happen

• What could go wrong

• Why could it go wrong

• Where could it go wrong

• When could it go wrong

• What are the other implications

• What external factors could have an impact

• Risk is managed by consideration of:

• The likelihood of it happening (Low, Medium, High)

• How often will it happen

• The impact of the harm or loss to Better Together Community Support Group® for Stoke-on-Trent and NuL (Low, Medium, High)

• How it can be avoided and/or the consequences minimised

• The recovery programme to rectify the damage

• Whether we should continue with the event/activity.

Risk Rating is determined as follows:

LIKLELIHOOD x SEVERITY = RISK

For activities taking place during Better Together sessions, the following risk scores are relevant:

• green: Some risk acceptable, regular training, preventative measures and policies vigorously maintained, with high standards of supervision

• yellow: Extensive precautions with considerable expenditure, intensive training and stringent safe working procedures enforced to ensure compliance

• red: Contact Better Together BEFORE starting any form of activity.

The Better Together Board of Trustees and/or Directors will take overall responsibility for the implementation and review of risk management and will consider any additional action that needs to be taken to mitigate the risk, either by reducing the likelihood of it occurring, or diminishing its impact. Better Together will maintain risk registers on various subjects, including activities coordinated during Better Together sessions, outsourced and lead by an external provider and safeguarding in line with the Better Together Safeguarding policy, to ensure that the organisation has proper mitigations in place to respond to a variety of risks.

Sporadic Monitoring of Risk management is not a one-off event and should be a process that will require monitoring and assessment. A regular review should include establishing the adequacy of controls already in place.

Regular monitoring will ensure that systems and procedures are being followed and that new risks are addressed and identified as they arise. Regular reviews at specified periods will establish how previously identified risks may have changed. Communication with staff, partners and external providers of activities at all levels will ensure responsibilities are understood and embedded into the culture of the staff and volunteers.

A successful process will ensure that:

• Risks are properly reported and evaluated

• Significant failures of control systems are properly reported, and action is taken to rectify the failure

• An adequate level of understanding of individual responsibilities for both implementation and monitoring of the control systems is held

• Further actions required are identified and carried out

• The Better Together Board of Trustees is provided with updated information in relation to risk monitoring. The Better Together Board of Trustees shall consider and review the process and the Risk Register annually as a minimum.

• The Board should monitor risk by:

• Ensuring that the identification, assessment and mitigation of risk is linked to the achievement of Better Together’s aims and objectives

• Reviewing and considering the principal results of risk identification, evaluation and management

• Reviewing and considering updated reports where the need for further action is identified

• Reviewing and considering processes and procedures as an integral part of risk management

• Considering any significant new activities or opportunities as they arise to ensure any risks are identified and managed

• Continually considering external factors such as new legislation or policy changes.

The Role of the responsibility of Trustees and/or Directors for the management and control of Better Together rests with the Trustee Board who are the executive body and as such their involvement in the key aspects of the risk management process is essential in setting the limitations of the process and in the review and consideration of the results. The Trustees are likely to delegate elements of the risk management process ensuring that they, as Trustees, review and consider the key aspects of the process and results. The level of involvement should be such that the Board of Trustees can make the required statement on risk management with reasonable confidence.

This is likely to involve:

• Ensuring the identification, assessment and mitigation of risk is linked to the achievement of Better Together’s aims and objectives

• Ensuring the process covers all areas of risk

• Reviewing the evaluation and management identification of risk

• Ensuring that risk management is ongoing and embedded in the culture of Better Together.

Conclusion:

Better Together Community Support Group® for Stoke-on-Trent and NuL has identified the major risks it faces and has established systems to manage and mitigate such risks. The Better Together Community Support Group® for Stoke-on-Trent and NuL will ensure that the aims of Better Together Community Support Group® for Stoke-on-Trent and NuL are achieved with due care and consideration and that significant risks are known, managed and monitored. Further we note that the Founding Director Mrs Birgit Allport have strong community links and a strong presence within local communities and people are aware of her work, which is an indicator for lower risk in general.

Further Risk related Policies:

• Safeguarding Policy of Better Together Community Support Group® for Stoke-on-Trent and NuL

Risk Register

Risk Register for collection and distribution:

Collection Risk Level Action Review

Founder Using a our van with out licence Low none 6 month

Volunteers Using a our van with out licence High Proof of valid licence and take a copy for our records 6 month

Colour agenda: Green-Low Yellow- medium Red- high

Distribution Risk Level Action Review

Founder Using a our van with out licence Low none 6 month

Volunteers Using a our van with out licence High Proof of valid licence and take a copy for our records 6 month

Founder Risk of facing an aggressive service user Low Always go in teams of 2,

many years of self-defence experience 6 month

Volunteers Risk of facing an aggressive service user Medium Always go in teams of 2, training of how to deliver safe (induction) 6 month

Colour agenda: Green-Low Yellow- medium Red- high

Risk Register for Food handling:

Food handling Risk Level Action Review

Founder Wrong handling of food Low Food hygiene certificate leve 2 or above 6 month

Volunteers Wrong handling food Medium Proof of food hygiene certificate leve 2 or above, copy for our records 6 month

Founder Cooking meals, etc. Low Food hygiene certificate leve 2 or above 6 month

Volunteers Cooking meals, etc. Medium Proof of food hygiene certificate leve 2 or above, copy for our records 6 month

Colour agenda: Green-Low Yellow- medium Red- high

Risk Register for Community Cafe:

Food handling Risk Level Action Review

Founder or Assistant Wrong handling of food Low Food hygiene certificate leve 2 or above 6 month

Volunteers Wrong handling food Medium Proof of food hygiene certificate leve 2 or above, copy for our records 6 month

Founder or Assistant Cooking meals, etc. Low Food hygiene certificate leve 2 or above 6 month

Volunteers Cooking meals, etc. Medium Proof of food hygiene certificate leve 2 or above, copy for our records 6 month

Visitors are responsible to speak to a volunteer if they have any food allergies, food intolerances or food aversions to avoid any risks. By failing this, Better Together Community Support Group® for Stoke-on-Trent and NuL can not be hold responsible for any consequences or health issues.

Children are always welcome, but parents or guardians have the overall responsibility for their children and carry the full risk.

Colour agenda: Green-Low Yellow- medium Red- high

Risk Register for Indoor activities:

Indoor activities Risk Level Action Review

All activities are aimed as children and parents’ events, where Better Together Community Support Group® for Stoke-on-Trent and NuL will provide the space and the material needed. However, parents or guardians have the overall responsibility for their children and carry the full risk. The same applies for external provider, the risk assessment is their responsibility and parents are responsible for their children. Better Together is responsible for the adequate condition of the building and attached safety (Risk assessment for the building will be kept at records). Risk level: Low 6 month

Colour agenda: Green-Low Yellow- medium Red- high

Risk Register for Outdoor activities:

Indoor activities Risk Level Action Review

All activities are aimed as children and parents’ events, where Better Together Community Support Group® for Stoke-on-Trent and NuL will provide the space and the material needed. However, parents or guardians have the overall responsibility for their children and carry the full risk. The same applies for external provider, the risk assessment is their responsibility. Better Together is responsible for the adequate condition of the space and attached safety (if applicable, a separate risk assessment for the outdoor space will be provided by activity provider and will be kept at records). Risk level: Low 6 month

Colour agenda: Green-Low Yellow- medium Red- high

Risk Register for Infant feeding support activities:

Breastfeeding and New Mum support Risk Level Action Who will take the action Review Date

COVID-19/ cross infection Medium Encourage all attendees to wear face masks during the session unless breastfeeding or exempt from wearing. Volunteer and Children's Centre Reception staff. Volunteers

Space, Hands, Face - Frequent use of antibacterial hand gel and/or handwashing. Limited number of attendees based on room size and spaced out seating All

Ventilate the room by opening windows and doors as able considering that there may be small babies present in the room/areas who can become cold quickly. Volunteers

Booking required to enable monitoring of the number of attendees Children's Centre Reception Staff

Collecting contact details of attendees Children's Centre Reception Staff

Cleaning all areas after use with antibacterial cleaner Volunteers

Encourage twice weekly Lateral Flow Testing (LFT) All adults

Information and support provided Low Ensure all information shared is based on the latest research based evidence. Inline with UNICEF Baby Friendly UK Infant Feeding Support Worker

Hot drinks provided during the session Low Insulated drinks cups used with lids and placed out of children's reach. Volunteers and adult attendees

Baby weighing scales available for parents to use as they wish (Trent Vale Venue) Low Before use at a session to check that scales are accuarate using a 1kg bag of sugar. Yearly calibration of scales to ensure fit for purpose. Volunteers

Antibacterial wipes available to clean scales and changing mat between each use (out of children's reach) Parents and carers, volunteer

Paper roll to be placed on change mat and scales prior to use; disposed of into the bin and replaced with clean Parents and carers, volunteer

Urine and/or faeces on the scales - paper roll to clear up before antibacterial wipes and cleaner use. Parents and carers, volunteer

Changing mat and scales on tabletop - verbal advice from volunteer not to leave baby unattended at any time also printed notice on table top advising not to leave baby unsupervised at any time. Volunteer to be vigilant and observe Parents and carers, volunteer

Risk of parent/carer weighing their baby at group and not accessing specialist support from their health visitor. Printed disclaimed on the table top next to the scales that using them does not replace the specialist advice from their health vistor, especially when their are concerns of failure to thrive. Parents and carers, volunteer

Colour agenda: Green-Low Yellow- medium Red- high

Part I: Policy Details

What does this policy cover?

We do not tolerate discrimination or harassment in any part of Better Together Community Support Group® for Stoke-on-Trent and NuL operations. We are fully committed to promoting equal opportunities in employment.

So, this policy covers any and all aspects of our company operations, how we treat those who work for and with us and how we recruit or engage others to join that community.

This means that our policy covers, but is not limited to, the following:

A. Your pay and your employment conditions

B. Our recruitment processes

C. How we may appraise, reward, incentivise, promote, train, and commit to the continuing professional development of our workers

D. Our procedures for addressing grievances and disciplinary matters

E. How we end employment contracts and exit employees, including related matters, such as how we give references

F. How visitors, clients and suppliers and other key business contacts and stakeholders are treated

It also means that we will ensure, as far as possible:

I. full access to everyone applying for job vacancies and job opportunities with our business, and

II. that all relevant decisions are made on the basis of objective criteria.

You should familiarise yourself with this policy and all Better Together Community Support Group® for Stoke-on-Trent and NuL policies.

2. Who does it apply to?

All employees, apprentices, consultants, officers, contractors, interns, volunteers, job applicants, agency and casual workers.

3. It is not part of your employment contract

This policy is not part of your employment contract. We, Better Together Community Support Group® for Stoke-on-Trent and NuL, may amend this policy at any time.

4. What is discrimination?

Under UK employment law, there are a number of characteristics relevant to an individual who is covered by the policy that must not unfairly be considered (if accounted for at all) in decisions relating to any aspect of their working life.

These characteristics are called ‘protected characteristics’ and they are listed immediately below:

• Age
• Disability
• Gender reassignment
• Marital or civil partnership status
• Pregnancy or maternity
• Race (which includes colour and ethnic/national origin)
• Religion or belief
• Sex
• Sexual orientation

If employment-related decisions are made about an individual on the basis (whether wholly or partially), of any of these protected characteristics, it is almost inevitable that unlawful discrimination will have taken place.

The sorts of actions that would fall into this category of unlawful and prohibited initiatives, include (but aren’t limited to) those set out below. These actions need not be intended or directly committed by someone (indirect responsibility may be sufficient for someone to have unlawfully discriminated) and an omission or failure to do something may be just as culpable as a positive action.

We will not tolerate their practice by anyone within our business:

A. Direct discrimination...

when someone with a protected characteristic is treated less favourably than somebody else has or would have been in identical circumstances. An example of this would be where an applicant for a job is rejected on grounds of their racial background. Further examples would be where a pregnant employee, or one with young children, is not promoted.

B. Indirect discrimination…

when a group of people with one of the protected characteristics is disadvantaged by a provision, criterion or practice that is applied to all staff (unless the treatment may be justified for a good business reason).

Examples of this would be:

1. Insisting, without good reason, that all staff must work full time, (which indirectly discriminates anyone with child-care responsibilities, women in particular).

2. Requiring all staff to work onsite and refusing to consider a request to work remotely or under alternative conditions, like flexible hours to avoid commute times, which could disadvantage someone with a disability or a phobia (e.g. someone who suffers claustrophobia or panic attacks on commuting routes).

3. Refusing to provide a room for reflection and prayer, which would discriminate against individuals practising certain faiths.

4. Dismissing or not employing a woman because she is pregnant or of child-bearing age.

C. Harassment...

Covers hostile, humiliating, degrading, intimidating or similarly offensive treatment or conditions to which an individual with one or more protected characteristics is subjected. Any such actions deprive an individual of their dignity and violate them. We draw no distinction between actions that may be labelled as ‘joking’ and not intended to cause offence, and those that may have been more direct and premeditated in their delivery. So, for example, in line with legal definitions, reflecting general standards of decency, we will regard any of the following as falling within the definition of harassment:

1. Making lewd comments and/or displaying pornographic material

2. Calling someone unkind, derogatory or otherwise unwelcome names or nicknames.

3. Making insensitive jokes, whether about someone directly, or the content of which would be evidently offensive to anyone with a protected characteristic.

4. Excluding colleagues and/or making them feel that they have no option but to exclude themselves

D. Victimisation

This has a particular meaning under UK employment law and it is narrower than an ordinary dictionary definition, covering the situation only where:
a worker has complained of discrimination (or harassment),
or has supported a fellow worker in making a complaint about these concerns, and has then suffered reprisals from others, including those responsible for that worker’s employment prospects and working conditions.

E. Other discriminatory actions that are also prohibited

The UK’s employment law also identifies other actions that can be unlawful under the equal opportunities legislation. Examples of these include:

1. Failing to make reasonable adjustments to minimise certain disadvantages suffered by a disabled employee (or job applicant)

2. Instructing another person (or applying pressure on them) to discriminate

3. Knowingly assisting somebody else when they carry out a discriminatory act

4. Discriminating against somebody believed to have a protected characteristic, whether or not they actually do, or because they associate with a third party who does.

Part II: Our procedures and approach to this policy

1. Duties and responsibilities

Overall responsibility for the effective implementation and operation of the policy lies with Better Together Community Support Group® for Stoke-on-Trent and NuL management, CEO Birgit Allport and/or the trustee board. All managers are expected to lead by example and attain and maintain appropriate standards of behaviour within the teams they manage.

However, everyone who works in and with Better Together Community Support Group® for Stoke-on-Trent and NuL is responsible for ensuring that this policy works to prevent the activities that it prohibits from taking place within our business.

Because we are a values-led business, this goes beyond the legal obligations that each one of us has, (and regardless of our job titles or how long any of us has worked for or with Better Together Community Support Group® for Stoke-on-Trent and NuL).

However, you need to be aware that the breach of these legal obligations alone will mean that any individual can be found personally liable for unlawful discrimination where they have breached this policy and they will face disciplinary action by us and potentially other legal actions. This is because if you breach this policy, you may also make the Company liable for your actions, and both of us may have to pay compensation to anyone who claims against us.

We therefore expect you to take personal responsibility for adhering to this policy’s aims and commitments and for promptly and appropriately drawing any breaches of them to our attention.

We always welcome feedback on how we can best promote and ensure equal opportunities throughout Better Together Community Support Group® for Stoke-on-Trent and NuL. Please let your manager or your activity lead know if you have any ideas or would like to be involved in any of our existing initiatives.

2. Recruitment, promotions and identifying candidates for other opportunities

In any selection process that we use within our business, whether we’re selecting interviewees for job opportunities, offering jobs, identifying individuals for promotion or considering other opportunities or necessities (like redundancy situations), we will apply a rigorous, objective selection process using non-discriminatory criteria, as far as possible.

We emphasise here, however, that both direct and indirect age discrimination may be justified and lawful, if the less favourable treatment, criterion or practice amounts to a proportionate means of achieving a legitimate aim.

A legitimate aim must relate to a genuine business need on our part that is not related to age discrimination itself. For example, a legitimate aim potentially justifying age discrimination might include:

• Economic factors such as business needs and efficiency;
• The health, welfare and safety of the individual concerned (including the protection of young people or older workers);
• The particular training requirements of the job.

All job adverts and opportunity announcements must be:

• Discussed with and signed off by chair or vice chair of the trustee board, one of whose responsibilities is to ensure that any advert is compliant with this policy

• Located and/or circulated to reach as wide and diverse a pool of interested candidates as possible, and

• Worded to encourage, as far as possible and reasonable, applications from individuals of all characteristics to apply – or, at the very least, so as not to discourage any individuals with protected characteristics from applying.

There may be circumstances where some indication of required skills (that do discriminate) is justified and where self- deselection is inevitable, for example, where the job vacancy is for a window cleaner who works at height, wearing abseiling harnesses. The job advert might specify that interested candidates must be willing and capable of abseiling to be considered for the job.

If you are involved in interviewing and or any other part of our recruitment process, you must never ask a job applicant about their health, attendance record, or whether they have a disability before making a job offer to them (except in very limited circumstances).

You can ask someone if they have any particular needs or requirements with which you can assist if they are coming to meet you for an interview. In certain limited cases, it may also be permitted to make a job offer conditional on a successful medical examination.

During interviews or other interactions with candidates for a role, you must not ask anything that might infer a bias against any candidate with one or more protected characteristics. So, for example, asking a candidate if they are married, intend to have children (or any more children), or whether their religion permits them to work at weekends, are strictly no-go zones.

If you are ever in doubt about what can or must not say, or if you believe that a particular job vacancy needs a medical examination as part of the recruitment or onboarding process, you must check the position with the chair or vice chair of the trustee board.

3. Monitoring the policy and our personnel

During any recruitment and onboarding process, we may ask questions that include some protected characteristics to help us monitor our diversity and how we are succeeding in our commitment to promote equal opportunities. Including health or disability questions in equal opportunities monitoring exercises is acceptable, but the data gathered must not be used for any employment-related decisions, such as whether to offer a role or opportunity to a particular candidate.

We may also record and analyse information about equal opportunities more generally within the workplace. We do this so that we can make sure this policy operates successfully. The data helps us to refine it, review the composition of our workforce, and to promote workplace equality.

When you join the Company, you give us consent to gather and process this data about you.

4. Handling breaches and enforcement

We take all allegations of breach and any breaches that we discover very seriously. All allegations and/or suspicions of breach will therefore be thoroughly investigated.

If you wish to complain or raise an allegation of breach (or potential breach) under the policy, you should contact your or as soon as possible. If you want to take formal action, you will need to follow our grievance procedure.

Anyone raising a concern about matters covered by this policy, who does so in good faith, will have our full support and co-operation in getting to the bottom of what has happened and any appropriate action that needs to follow on from that examination. This will be the case regardless of our conclusions and including where we determine that the allegation was mistakenly made. There will never be any reprisals against those who genuinely have, or consider that they have, valid grounds to bring concerns about discrimination to our attention.

However, complaints made in bad faith, for whatever reason (including where this is an attempt to avoid or to deflect disciplinary action), will be treated as misconduct and may lead to a dismissal for gross misconduct.

We will also take prompt disciplinary action against you if we discover that you have harassed or discriminated against anyone else in breach of this policy. If we conclude that your behaviour amounts to gross misconduct, we will be within our rights to dismiss you without notice and with no payment in lieu of that notice.