EQUAL OPPORTUNITIES POLICY ? PSR AGENCY LIMITED 3rd REVISION - 28th AUGUST 1996 (Based upon the Federation of Recruitment and Employment Services' Regulations, Guidelines and Best Practice Code - updated and issued June 1996) Introduction Our Equal Opportunities Policy is based upon the Equal Opportunities Code devised by FRES, The Federation of Recruitment and Employment Services, of which we have been full members since 1993. The code itself has been approved by the Equal Opportunities Commission/Commission For Racial Equality. The Code was drawn up to ensure that members of FRES comply with all the legal requirements of the relevant legislation, and that the principle of equal opportunities is fully adhered to. The Board of PSR Agency Limited has made it company policy to adhere to this code which seeks to establish best practice in Equal Opportunities within the recruitment industry. Adherence to the code is taken into account in investigations by FRES regarding any complaints and issues relevant to the code. Furthermore, the Board of PSR considered the full recommendations of the code (issued in June 1996) did not go far enough in its efforts to ensure equality and have made efforts to extend its protection to other sections of our community who are not otherwise protected in law. Any differences noted between the original (June 1996) recommendations from FRES will be enhancements, not omissions. The board has decided that in addition to the groups mentioned in the code, particular (but equal) attention should be paid to the following: ? Lone Parents ? Lesbians and Gay Men ? Homeless people (those with no fixed address) The board considers that there is no reason whatsoever why these groups should not be afforded the same rights of equality as other groups detailed in the code. The Board encourages FRES to strive to improve its code by making it more comprehensive and not basing it solely on "minimum legal requirements". 1. Our Intentions, This Document and its Contents 1. PSR Agency Limited is committed to a policy of Equal Opportunity for all and undertakes to adhere to this policy at all times. The Company and our individual employees accept that it is their personal duty to ensure that our policy remains fully effective. 2. This document is our formal Equal Opportunities policy, implementation of the information contained herein is compulsory. It is compiled in the following sections: Racial Discrimination ? Defined ? Instructions to Staff ? Monitoring ? Ensuring Avoidance of Racial Discrimination ? Exceptions Sex Discrimination ? Defined ? Instructions to Staff ? Monitoring ? Ensuring Avoidance of Sex Discrimination Disability Discrimination ? Defined ? Instructions to Staff Age Discrimination ? Defined ? Eliminating Age Discrimination 2 Our Formal Statement of Equal Opportunity 3 Responsibility for the Policy 4 Complaints Procedure 5 Advertising 6 Monitoring, Reviewing and Training 7 Written Records and Accountability Note: The word "unlawful" is used in this document to describe an action that directly contravenes a quoted law; the word "immoral" is used in this document to describe an action that directly contravenes the views and beliefs of the Board of Directors of PSR Agency Limited. The former will almost certainly provide grounds for legal action, the latter will almost certainly provide grounds for disciplinary action. OUR EQUAL OPPORTUNITIES STATEMENT PSR strives towards equal opportunities and operates an equal opportunities policy. We welcome applications from women and men of any age, regardless of marital status, from all cultures, black and ethnic minority groups, lesbians and gay men, single parents, homeless people and disabled people. Our jobs can be both part time and/or full time although they are not usually open to Jobshare. We aim to be an equal opportunities employer and welcome any suggestions, whether from our employees or our clients, which may help to improve the policy outlined above. Our policy is regularly monitored to ensure that it continues to be effective. RACIAL DISCRIMINATION The battle against racial discrimination cannot be fought and won unless this type of discrimination is fully understood. Definition: PSR believes in the principle of equal opportunity in employment and that temporary and permanent job applicants should be placed only on the basis of the qualifications and experience they offer. It is our policy to promote compliance with the law as detailed in the Race Relations Act 1976 and in accordance with The Federation of Recruitment and Employment Services' Best Practice Code. Direct Discrimination It is unlawful and immoral for any recruitment consultancy to discriminate against a person on the grounds of their colour, race, nationality, ethnic or national origins:- ? in the terms on which the recruitment consultancy offers to provide any of its services ? by refusing or omitting to provide any of its services ? in the way it provides any of its services. In addition, in Northern Ireland, it is unlawful to discriminate on religious grounds; however, PSR also voluntarily adopts this ethic in all its' operations whether in Northern Ireland or in Mainland UK. Direct Discrimination occurs when one individual treats another individual less favourably on racial grounds than he treats or would treat other persons. It is also unlawful and immoral for any recruitment consultancy to accept and act upon a job registration from an employer which states that certain persons are unacceptable because of their colour, race, nationality, or ethnic or national origins, unless one of the exceptions (as described in "Exceptions" below) applies. Indirect Discrimination The Race Relations Act covers not only direct discrimination but also indirect discrimination. This consists of applying a requirement or condition which, whether intentionally or not, adversely affects a member of one racial group considerable more than another and which cannot be justified on non-racial grounds. For example, it may be unlawful indirect discrimination to register a job specifying that a filing clerk must speak English without an accent, when such a requirement is clearly not needed to perform the job properly. Other examples of indirect discrimination include exclusive use of "word of mouth" recruitment in organisations whose workforce is mainly, or exclusively, of one racial group, or the imposition of unnecessary dress requirements, i.e. the banning of trousers for female employees. Recent case law has shown that where an employer applies a requirement or condition for a genuine non-racial reason (i.e. not allowing someone a holiday to celebrate a particular religious event) but that requirement or condition gives rise to unjustifiable indirect discrimination, an employer will be taken to have intended that discrimination, if s/he knew that the application of the requirement or condition would disproportionately affect one race. This is even though the reason for applying the requirement or condition, was unrelated to the applicant's race. The Race Relations Act makes it unlawful for a client to instruct, or induce a recruitment consultancy to discriminate unlawfully on racial grounds. An example of such an inducement would be a situation where a client promises a recruitment consultancy additional business if the consultancy complies with a discriminatory request. By agreeing to such a request, the recruitment consultancy would also be acting unlawfully. Victimisation The Race Relations Act also makes victimisation unlawful. This occurs when a person is treated less favourably than others because he or she has brought or supported a complaint of racial discrimination. Consequences of Racial Discrimination If an employer is found guilty of racial discrimination before an Industrial Tribunal, the Tribunal can make a declaration that the individual has been discriminated against, and make a recommendation that steps are taken by the employer to remedy the situation and assist the person making the complaint. In addition, the employer could be ordered to pay compensation (and interest at the Tribunal's discretion) for loss suffered and injury to feelings and there is no limit on the amount of compensation payable (see also the section below on the Personal Liability Of Recruitment Consultancy Staff Who Discriminate). Personal Liability Of Recruitment Consultancy Staff Who Discriminate Under the Race Relations Act, not only is a recruitment consultancy itself acting unlawfully if a member of staff accepts and acts upon a discriminatory job description but the individual who accepts and acts upon such a vacancy is personally considered to have acted unlawfully and may have to appear before an Industrial Tribunal should he or she be the subject of a complaint. Therefore it is important that all staff should be conversant with the law (and the consequences to a recruitment consultancy and to the individual of discriminating unlawfully) and with FRES's Best Practice Code. Instructions To Staff A) COMPANY POLICY PSR fully supports the Commission For Racial Equality in its efforts to eliminate discrimination in employment and believes that the qualifications, merit and experience of an applicant should be the sole criteria for putting an applicant forward for employment. PSR has accepted and enhanced FRES's Equal Opportunities Policy. 2. RESPONSIBILITY OF STAFF As mentioned earlier in this document, under the Race Relations Act, not only is a recruitment consultancy itself acting unlawfully if a member of staff accepts and acts upon a discriminatory job description but the individual who accepts and acts upon such a vacancy is personally considered to have acted unlawfully and may have to appear before an Industrial Tribunal should he or she be the subject of a complaint. 3. REGISTERING VACANCIES 1. When registering vacancies, never say anything which might prompt an employer to say anything which might prompt an employer to think about discriminating. 2. Clients should be persuaded to register vacancies and to interview applicants solely on the basis of ability and qualifications. If a client attempts to register a vacancy which appears to be discriminatory staff must adopt the following procedure: a) Advise the client that he is in contravention of the Race Relations Act and that the vacancy cannot be accepted. b) If the employer claims an exception under the Race Relations Act, he should give a written statement saying why the vacancy is not subject to the legislation. When received, this should be referred to Chris Gibson. c) If the employer does not claim an exception under the Race Relations Act, but insists on imposing discriminatory conditions, inform him that the vacancy cannot be accepted and that no applicants can be submitted. d) Inform Chris Gibson of the situation, giving full details of the problem. Follow this up with a written report, which should include the following details:; ? Name and address of company ? Job registration number ? Type of job ? Contact ? Telephone number ? Details of instructions given and by whom ? Summary of action taken by you, e.g.- i) Advised client that the agency was bound by the Race Relations Act 1976 and thus prohibited from accepting a booking on that basis. ii) Client refused to withdraw discriminatory instructions. iii) Your name iv) Date and your signature. e) If the client does agree to withdraw the discriminatory conditions, register the vacancy as normal, but make a note of your discussion and submit this to Chris Gibson. f) Staff should be alert to the possibility of clients wishing to register a vacancy which could be indirectly discriminatory. For example, a client might require a certain language or residential criteria to be applied which would unjustifiably restrict the numbers of applicants from certain racial groups. 4. SUBMITTING CANDIDATES 1. Candidates should be submitted solely on the basis of their qualifications. 2. If an employer asks about the race, colour, nationality or ethnic origin of an applicant, staff should politely point out that such factors are not relevant to the applicant's suitability but should answer the question truthfully. 3. The attention of clients should not be drawn to racial origin when submitting applicants, unless the employer is trying to attract applicants of a particular racial group under the exceptions in the Race Relations Act (i.e. for vacancies where the employer has disproportionately few members of that racial group. 4. When making submissions staff should:- a) Not make assumptions about the ability, including the linguistic ability, of applicants on the basis of their race or colour. b) Not send applicants from a particular racial group only to those employers whom you believe are willing to accept them. c) Not avoid making a submission because you feel the employer will reject the applicant on the grounds of race. 5. IF A CLIENT REFUSES TO INTERVIEW AN APPLICANT ON THE GROUNDS OF RACE, COLOUR, NATIONALITY etc. 1. Do not say or do anything that might be taken by the employer or an applicant as indicating that you are willing to comply with the employer or which could be considered as sympathetic to him. 2. Inform the employer of the requirements of Race Relations legislation and the he is discriminating under that legislation. Ask him to reconsider his attitude and tell him that unless he refuses to do so, the agency will refuse to send him any other applicants. 6. IF THE CLIENT AGREES TO INTERVIEW THE APPLICANT 1. Continue in the normal way. 2. Ensure that you have made a record of the conversation and that this has been drawn to the attention of Chris Gibson. 7. COMPLAINTS BY APPLICANTS OF RACIAL DISCRIMINATION If following an interview, the applicant returns to the agency and complains that he or she has been unfairly discriminated against, take the following action in consultation with Chris Gibson. a) Discuss the interview in detail with the applicant and his or her reasons for believing unlawful discrimination has taken place. b) Discuss the interview in detail with the client - by 'phone or in person - and his or her reasons for believing that the applicant was not suitable. c) Keep records of your discussions with both the applicant and the client. d) Refer the matter to Chris Gibson for any further action which may include:- i) Not servicing the vacancy ii) Discussing the incident with the Commission For Racial Equality iii) Telling the candidate that we believe that he or she has the right to make a formal complaint to the Commission For Racial Equality. 8. IF A CLIENT STILL REFUSES TO SEE AN APPLICANT Staff should take the following action:- 1. Inform the client that the agency cannot send him further applicants and that you will have to put the matter before your Director. 2. Contact Chris Gibson giving full details of the discussions you have had. Confirm this report in writing. The report should include the details as set out in the fictitious example below:- 3. Name and Address Of Client ABC Manufacturing Company 21 High Street Anytown Job Registration No: 58290195 Job: Secretary Contact: Mr. R Brown Tel: (5809)8568609 Instructions given by client Client states that he would employ "white" staff and refused to interview or engage as temporary workers any African or Asian staff. ACTION TAKEN 1. Advised client that the agency was bound by the Race Relations Act and thus prohibited from accepting a booking on that basis. 2. Client refused to withdraw discriminatory instructions. 3. Advised Mr. Gibson, our Director. 4. Job withdrawn on Mr. Gibson's instructions Your name: Date: Exceptions: The provisions of the Race Relations Act 1976 do not apply in the situations mentioned below . In practice, there are very few instances where an employer can discriminate on grounds of race. If an employer claims that a particular vacancy falls within one of the exceptions set out below, you should obtain a written statement setting out why the vacancy is not subject to the race discrimination legislation in order to protect PSR and to protect yourself from a subsequent allegation of unlawful racial discrimination. a) Where persons are employed in a private household. Whether or not is for the purposes of a private household could be a question for the Industrial Tribunal to decide. Employment in a business run from a person's home will not constitute employment for the purposes of a private household. Although the race relations Act does not apply to a person employed in a private household, it is nevertheless unlawful for a recruitment consultancy or an employer to advertise an intention to discriminate e.g. to advertise "housekeeper required - only white UK citizens to apply" would be unlawful even though the employer may lawfully select only applicants who fulfil their criteria. The Commission for Racial Equality advises against asking employers for their racial preferences in relation to staff who are to work in private households, as this may encourage unlawful race discrimination. b) Where people are employed to provide training for overseas residents in skills to be exercised outside Great Britain. c) Where people are employed wholly or mainly outside Great Britain, great Britain excludes Northern Ireland, the Channel Islands and the Isle of Man, but may include designated offshore areas. It is worth noting that in both b) and c) it remains unlawful to stipulate a person's colour, race or ethnic or national origin. In advertisements for work training overseas, only nationality may be stipulated. d) Where seamen are recruited abroad. e) Where acts are done under statutory authority. f) Where there are rules restricting employment in the services of the Crown or prescribed public body to persons of particular birth, nationality, descent or residence i.e. the Civil Service nationality rules (section 75). g) Where the employment is restricted to safeguard national security, it may be necessary for an employer to impose restrictions relating to nationality, or place of birth. h) Where being part of a particular racial group is a Genuine Occupational Qualification (GOQ) for a job. Once somebody has been offered a particular job, a GOQ defence cannot be invoked to justify discriminatory terms of employment, discrimination in affording access to other benefits, or discriminatory dismissal. There are only four grounds on which it may be argued that race is a GOQ for a job (these may apply to only part of a job or to the whole job): ? Dramatic performances - if a job involves a dramatic performance or other entertainment, and a person of a particular racial group is required for reasons of authenticity ? Models - if a job involves being an artist's or photographic model in the production of a work of art, visual image or sequence of visual images, and a person of a particular racial group is required for reasons of authenticity. ? Public restaurants etc. - if a job involves working in a place where food or drink is provided and consumed by members of the public, or a section of the public in a particular setting, and a person of a particular racial group is required for reasons of authenticity. Consequently, a Chinese restaurateur can insist on Chinese waiters. However, the GOQ is limited to places where food and drink are provided to the public, whether or not they pay for them. it would not apply, for example, to a private club or a works canteen. ? Personal welfare services - if a job involves providing personal services to members of a particular racial group to promote their welfare, and those services can most effectively be provided by a person of that racial group. For example, it may be most effective to employ a Bengali social worker to minister to a specifically Bengali immigrant community. "Personal Services" in this context has been defined by the Court of Appeal as meaning face to face contact between the giver and the recipient. In considering whether such services "can most effectively be provided" by a person of that racial group, the real test is whether or not the personal services would be less effective, if provided by others. ? Note: Being a member of a particular racial group is only a GOQ in the limited circumstances described above. Even in those circumstances the availability of the defence may be lost if an employer already has sufficient employees of the relevant racial group to perform those duties for which membership of the racial group is a GOQ. If an employer who is filling a vacancy already has employees of the racial group in question who:- ? are capable of carrying out the duties to which a GOQ applies and- ? could reasonably be allocated those duties and- ? whose numbers are sufficient to meet the client's likely requirements without undue inconvenience. Then the employer cannot rely on a GOQ to justify discrimination. SEX DISCRIMINATION The battle against sex discrimination cannot be fought and won unless this type of discrimination is fully understood. Definition: PSR believes in the principle of equal opportunity in employment and that the only criteria for determining a successful applicant should be the qualifications and experience they offer. It is our policy is not only to adhere wholeheartedly to the law as required by the Sex Discrimination Act 1975, but also to the spirit behind the law and the Sex Discrimination Act 1986. Direct Discrimination It is unlawful for a recruitment consultancy to discriminate improperly on the grounds of a person's sex and/or marital status:- ? in the terms under which the recruitment consultancy offers to provide any of its services ? by refusing or deliberately omitting to provide any of its services ? in the way it provides any of its services. It is also unlawful for a recruitment consultancy to accept and act upon a directly discriminatory instruction from an employer. For example, an employer who states that an individual must have the correct qualifications and experience, but may be unacceptable depending on their sex or marital status, i.e.:- "Male graduate required, with honours degree in Chemistry, for teaching post beginning September" or "Must be free to travel, no married applicants". Direct discrimination consists of an employer treating a woman on the grounds of her sex, less favourably than he or she treats, or would treat, a man, or vice versa. Further examples of this are not interviewing or appointing a woman because of an assumption that on account of her sex she would not fit in, and sexual harassment of a woman at work. Indirect Discrimination The Act also covers indirect discrimination which arises where a requirement or condition, applied equally to men or women, has in practice a disproportionately detrimental effect on a person of one sex as compared with the other and cannot be shown to be justified in terms of the job to be done, irrespective of sex. For example: 'Sales Director wanted; must be 6ft tall'. Indirect marriage discrimination arises where a requirement or condition, applied equally to married and unmarried people of the same sex has, in practice, a disproportionately adverse effect on married as compared to unmarried people and cannot be shown to be justified in terms of the job to be done, irrespective of marital status. For example: "This is a demanding job, unsuitable for applicants with family responsibilities". Other examples of indirect discrimination include requiring a person to be willing to work evenings when this is not operationally necessary, automatically refusing training or promotion to part-timers if most part- time jobs are done by women but most full-timers are men, unjustifiable mobility requirements, imposition of unnecessary restrictions to hours of work, and exclusion of candidates with the main responsibility for care of dependants. In certain circumstances, the use of age as a criteria for selection, may be unlawfully discriminatory. In Price v Civil Service Commission, the Employment Appeals Tribunal established that the setting of age requirements may be indirectly discriminatory. In the case of Mrs Price the tribunal ruled that an age limit of 28 was a requirement which, for reasons of child care and family responsibility, a considerably smaller proportion of women than men could comply. It is also unlawful for a recruitment consultancy to accept and act upon an indirectly discriminatory instruction from an employer. Equal Pay The Equal Pay Act 1970 governs treatment of female workers, as far as contractual benefits are concerned such as wages, commission and bonus payments and other benefits associated with their employment. The Equal Pay Act makes it unlawful to discriminate on the basis of sex by providing less favourable contractual terms. If a woman is treated unlawfully in this manner, she is entitled to have an equality clause read into her contract to ensure she receives the same benefits as a man. To rely upon the Equal Pay Act, a woman (or a man) has to establish one of the following:- ? that she is carrying out work which is the same, or is broadly similar to work being carried out by a man, or men in the same employment, or ? that she is carrying out work which has been rated as equal, through a job evaluation study, to work being carried out by a man or men in the same employment or, ? that she is carrying out work which is of equal value to the work of a man or men, in the same employment. The impact of European legislation on the Equal Pay Act is clearly illustrated by the Equal Pay Directive, which British Courts and Tribunals adhere to. The Directive requires equal pay for men and women to be introduced for the same work, or for work to which equal value is attributed. The Directive also requires the elimination of all discrimination on the grounds of sex with regard to all aspects and conditions of remuneration. Consequences of Discrimination If an employer is found guilty of sex discrimination before an Industrial Tribunal, the Tribunal can make a declaration that the individual has been discriminated against, and make a recommendation that steps are taken by the employer to remedy the situation and assist the person making the complaint. In addition, the employer could be ordered to pay compensation (and interest at the Tribunal's discretion) for loss suffered and injury to feelings. There is no limit on the amount of compensation payable and in situations where an employer has been found to act unlawfully, such an award of compensation is commonplace. If an employer or defendant is found guilty of breaching the Equal Pay Act, a Tribunal can invoke an equality clause as described above, and order payment of future (equal) pay and back pay for a maximum of two years, plus interest. Personal Liability Of Recruitment Consultancy Staff Who Discriminate Under the Sex Discrimination Act, not only is a recruitment consultancy itself acting unlawfully if a member of staff accepts and acts upon a discriminatory job description - but the individual who accepts and acts upon such a vacancy is personally considered to have acted unlawfully and may have to appear before an Industrial Tribunal should he or she be the subject of a complaint. If the complaint is upheld, the recruitment consultancy is likely to suffer financial penalties in the same way as employers, as set out in the preceding paragraph. Therefore it is important that all staff should be conversant with the law (and the consequences to a recruitment consultancy and to the individual of discriminating unlawfully) and with FRES's Best Practice Code. Instructions To Staff It is the Policy of PSR (set by the Board of Directors) that our procedures and guidelines relating to the avoidance of sex discrimination are followed at all times. They are set out and defined below: ? You must publicise vacancies to advertise the full range available so that candidates may express an interest in particular jobs for which they wish to be considered ? Use selection tests (where appropriate) for both men and women and not for one sex only since tests for one sex only would undoubtedly be discriminatory. ? Assess female applicants for jobs requiring physical strength on merit - on the same basis as male applicants. Their gender should not be an issue in selection, nor should any assumptions be made about either sex. ? State (where appropriate) that the advertised job is open to both sexes if a job is known have been done in the past exclusively or mainly by men or women. ? If a GOQ (see "Exceptions" below) has been established for an advertised post, a simple statement should be added to the advertisement specifying which GOQ (by reference to the appropriate section of the Sex Discrimination Act 1975) is being used and why it is relevant to that particular post. This can be difficult when working on care and domestic vacancies. Chris Gibson or the FRES office can advise in this situation. ? Do not ask clients to state the preferred sex or marital status of applicants. ? If a client registers a vacancy with a GOQ, where practicable, obtain a written statement from the client giving precise reasons for the need to restrict applicants to one sex only. ? Remember that you have full authority to resist discriminatory instructions at all times. Procedure To Be Followed If A Client Attempts To Register A Vacancy Which Is Discriminatory If such an attempt is made, staff should advise the client: 1) that the client is contravening the Sex Discrimination Act. 2) that (in the case of job registrations) the recruitment consultancy is unable to register the client's vacancy. 3) that (in the case of refusing to see applicants on grounds of sex) they will be unable to send him other applicants. Staff should then contact Chris Gibson, giving full details of the problem. This should be followed by a written report. This report should include the following details as laid out in the example below. Example of Sex Discrimination Report Name and Address of Company Job Registration No: 351/7/9/84 Type of Job: Design Engineer Name and Address of Client RB Hill Ltd. 272 Corporation Street North Town Essex Job Reg No: 6798675968 Job Type: Engineer Contact: Mr. R. Smith Tel: 01520 652098 Name of Applicant Mrs. R S Khan Brief Qualication/Experience details 5 O levels, 2 A Levels, BSc Degree, 3 years Design Engineering experience. Instructions Given By Client Client states that he would not employ married women. Date of Conversation: Action Taken ? Advised client that the agency was bound by the Sex Discrimination Act and thus prohibited from accepting a booking on that basis. ? Client refused to withdraw discriminatory instructions. ? Advised Chris Gibson, Director. ? Job withdrawn on Mr Gibson's instructions. Name of Member of Staff : Monitoring Because we consider ourselves to be actively striving towards equal opportunities, as a minimum, we must constantly monitor our own workforce and the workforce that we provide to our clients in order to ensure discrimination has not taken place. It is only through such monitoring that discriminatory practices may be highlighted and eliminated and, importantly, that an organisation can be certain of providing equal treatment to its applicants, existing workforce and also those to whom the service is provided. Monitoring Our Internal Workforce Because the staff employed permanently in our office number very few (eight), monitoring by the Director ensures that discrimination does not take place. It is his responsibility to ensure that equality and fairness prevail within our own permanent workforce. Monitoring Our External Workforce It is vitally important the PSR monitors its services to our clients in terms of the placements made and the candidates put forward for work with specific employers. The level of sophistication and complexity of this process is dictated by the size of our workforce. As we have a very large workforce, it would be very time consuming to make manual calculations of the effectiveness of our policy. Therefore, statistics are produced by our computer system, at least monthly, to ensure that we have the balance right (equal). Our monitoring enables us to identify:- ? the total number of applicants ? the total number of both male and female applicants ? the characteristics of the successful candidate Further information and guidance about equal opportunity monitoring the following publications are available, copies are kept in-house:- Guidelines for Equal Opportunity Employers.(EOC) Guidance Notes for Employers.(EOC) and Your questions answered on Monitoring. (EOC). Ensuring Avoidance of Sex Discrimination Although case law has not yet provided definite guidance, recruitment consultancies should assume that application forms are covered by the provisions of The Sex Discrimination Act under 'arrangements made for deciding who should be offered employment (Section 6 (1)(a).) This means that some questions on application forms could be unlawful irrespective of how the answers are used or interpreted if they are only asked of women or men and it can be shown that the asking of them constitutes 'less favourable treatment'. It is important to note that it is not necessarily true that asking the same questions of both sexes ensures that discrimination will not occur. The use of the information can still be discriminatory. Why some questions are undesirable: It is important that our application forms do not suggest that any factors will be taken into account which would, or might, discriminate on the grounds of sex or marriage. Such questions undermine the confidence of applicants that they will be treated fairly and without prejudice, even where there is no intention to discriminate. From the point of view of applicants, such questions are highly unwelcome and some applicants would actually be deterred from completing the form. Equally it will leave a suspicion in the minds of those not short-listed that the questions have been used unlawfully to de-select their application. Questions that fall within this category deal with families, ages of children, married/single/divorced status, intentions about engagement or marriage and having children, intimate personal questions and so on. It is not easy to see why such questions should be asked, unless they are intended to cast light on what is believed to be true of women in general and in such circumstances this 'stereotyping' will preclude a balanced judgement of each individual's abilities to fit the requirements of the job. The questions we do not ask: The following are examples of undesirable questions:- ? Marital status ? Number/age of children ? Husband's employment ? Do you live with parents, relatives, guardian, alone, boyfriend, etc. ? Parent's occupations ? Are you planning to get engaged or married? ? Do you suffer from period pains? ? Any time off work owing to 'female ailments'? ? Any gynaecological abnormalities? ? Do you suffer from menstrual disorders? ? Are you on the pill? ? Do you intend to start a family? ? Are you able to carry out your normal duties during your monthly period? All the above questions are indications of intended sex-bias and must be avoided. They are very likely to be unlawful. In addition, questions of this nature cause women applicants to fear discrimination against them either as women or because they are married or have children. The Equal Opportunities Commission's Code of Practice for the Elimination of Discrimination on the grounds of sex and marriage recommends that questions on marital status and number/age of children are not included as part of the selection process. Where medical information is required, more neutral questions are acceptable. For example:- "Do you suffer from any medical condition which might affect your performance in the job?" or "How many days have you had off sick in the last 12 months?" Provided these questions are asked of both men and women, and the standards set in assessing replies are related to job requirements and not to assumptions about sex differences, these questions are a legitimate part of our selection process. Questions which can improve the selection process: We now include a section in our application forms to enable candidates to give details of unpaid work (for example, in the voluntary sector) by which they have obtained experience or skills relevant to the job vacancy. For example, many women acquire substantial management, organisational and financial skills through working with voluntary groups and other bodies. Unless provision is made within the application form for this information to be recorded, valuable talent runs the risk of being undetected. PSR must take account of the nature of questions that should and should not be asked in relation to both our own employee application forms and also those completed by candidates who wish to be put forward for employment by us. Retirement Ages It is unlawful to discriminate against women in relation to retirement, or to set different retirement ages for men and women. Advertising Any advertisement which indicates (or could reasonably be understood as indicating) an intention by anyone to commit an act of unlawful discrimination is itself unlawful. "Advertisement" is very widely defined in the Sex Discrimination Act 1975 and covers every form of advertisement, whether or not to the public. This means that newspapers, publications, TV, radio, notices, signs, labels, showcards and circulars would all be considered to be an advertisement for the purposes of the Act. Unless there is an indication to the contrary, an advertisement could be said to indicate an intention to discriminate if a job is described as 'waiter', 'salesgirl', 'postman' , 'stewardess' etc. Exceptions There are a few exceptions from the legislation where a person's sex may be a Genuine Occupational Qualification (GOQ) for a job in which sex discrimination in advertising is not unlawful. A GOQ is not an automatic exception for a whole category of jobs. In every case, the employer must show, at the beginning of the recruitment process, i.e. before the vacancy is advertised that, if an exception is being claimed, that the GOQ applies to the job in question. If an employer already has employees of the appropriate sex who could reasonably carry out those duties, a GOQ cannot be claimed. It is always necessary to check carefully the facts about the particular job in question when a GOQ is being considered, not merely because it is preferable. A GOQ must be re-assessed on each occasion a post becomes vacant to ensure that it can still be validly claimed. A GOQ does not have any bearing on the unlawfulness of marriage discrimination. GOQ provisions apply to both men and women. A GOQ can only be claimed where it is necessary for the relevant duties to be carried out by a specified sex. A GOQ exception can apply where only some of the duties of the job come within the exception. The list of GOQs recognised by the Sex Discrimination Act 1975 (as amended by the 1986 Act), is set out below. It is an exhaustive list, so any other reasons which do not fit any of the categories, such as administrative convenience, client pressure etc. are not valid defences to a sex discrimination claim:- a) The first GOQ is where the "essential nature of the job" calls for either a man or woman:- ? for reasons of physiology (excluding strength or stamina), or ? in dramatic performances or other entertainment, for reasons of authenticity so that the essential nature of the job would be materially different if carried out by someone of the other sex. 'Physiology' applies to jobs where only one sex is appropriate, i.e. a model for maternity clothes. 'Strength' and 'stamina' are expressly excluded to discourage employers from applying stereotyped presumptions, such as assuming physical strength and stamina are exclusively male characteristics, or that slender and nimble fingers are an exclusively female characteristic. 'Authenticity' covers requirements for male or female actors or models. b) A GOQ will exist if a job needs to be held by one particular sex in order to preserve decency or privacy because:- ? it is likely to involve physical contact with men in circumstances where they might reasonably object to its being carried out by a woman, or ? the holder of the job is likely to do his work in the circumstances where men might reasonably object to the presence of a woman because they are in a state of undress or are using sanitary facilities (e.g. men's changing room attendant if it is unavoidable for the attendant to be present when and where facilities are in use). ? the job is likely to involve the holder of the job doing his work or living in a private home and needs to be held by a man because objection might reasonably be taken to allowing a woman:- ? the degree of physical or social contact with a person living in the home, or ? the knowledge of intimate details of such a person's life, which is likely, because of the nature or circumstances of the job or of the home, to be allowed to, or available to the holder of the job (e.g. nurse/companion in the home). For this GOQ to apply tribunals have frequently pointed out that it must be necessary, rather than merely preferable, to have a member of the sex in question perform the job. The last category in this section, i.e. the private home exception can cover a wide range of jobs including, for example, nursing care, domestic cleaners and nannies. In Neal v Watts, a tribunal ruled that a man who was a professionally qualified nanny, was lawfully discriminated against on grounds of sex when he was refused a job as a nanny because being a woman was a GOQ for the job. The tribunal remarked however, that in many cases concerning male nannies, the GOQ defence would not apply. c) Sex is a GOQ if the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in the premises provided by the employer and both of the following circumstances apply:- ? The only such premises which are available for persons holding that kind of job are lived in, or normally lived in, by and are not equipped with separate sleeping accommodation for women and sanitary facilities which could be used by women in privacy from men, and ? it is not reasonable to expect the employer either to equip those premises with such accommodation and facilities or to provide other remises for women (e.g. a job involving use of communal crew accommodation in some ships). 'Premises' has the ordinary common-sense meaning of the word, and employees 'live in' only if they have temporary or permanent residence at the employer's premises. Lack of separate accommodation for members of one sex, will only provide a GOQ defence if it is not reasonable to expect the employer to change this. 'Reasonableness' will be determined on the facts and circumstances of each particular case. d) Sex is also a GOQ if the nature of the establishment, or of the part of it within which the work is done, requires the job to be held by a person because:- ? it is, or is part of, a hospital, prison or other establishment for persons requiring special care, supervision and attention (such as a children's or elderly people's home) and ? those persons are all of one sex (disregarding any whose presence is exceptional), and ? it is reasonable, having regard to the essential character of the establishment that the job should not be held by a person of a different sex from the occupants of the establishment. e) A GOQ will also apply when the holder of a job provides individuals with personal services promoting their welfare or education, or similar personal services - and those services can most effectively be provided by a member of a particular sex. Examples of this include rape counsellors, or birth control advisers. The services to be provided must be personal, i.e. face-to-face contact between the giver and the recipient, and in any particular situation, it is important to consider whether the personal services would be less effective if provided by others. f) Being a man is a GOQ if the job is likely to involve the performance of duties outside the United Kingdom in a country whose laws or customs are such that the duties could not, or could not effectively, be performed by a woman. This GOQ would cover jobs in a number of Middle Eastern countries, and it is important that the defence rests on laws and customs, and not general prejudice or preference. g) When a job is one of two to be held by a married couple, being a man or woman is a GOQ. In such a case, employers would be entitled to insist that they want a husband and wife team and not two men or two women. Although being a member of a particular sex can amount to a GOQ in certain circumstances, the availability of a GOQ defence may be lost if the employer already has employees of he appropriate sex who:- ? are capable of carrying out the duties for which sex is a GOQ and, ? it would be reasonable to employ them on those duties and, ? their numbers are sufficient to meet the employer's likely requirements in respect of those duties without undue inconvenience. If all of the above criteria are satisfied, an employer cannot rely on any GOQ's to justify sex discrimination. A job for which a GOQ was used in the past should be re-examined if the post falls vacant again, to see if the GOQ still applies. Circumstances may well have changed, rendering the GOQ inapplicable. DISABILITY DISCRIMINATION Definition: PSR believes in the principle of equal opportunity in employment and that in accordance with FRES's Best Practice Code, the only criteria for determining a successful applicant should be the qualifications and experience they offer. Our policy is to promote compliance with the law as required by the Disability Discrimination Act 1995 and in accordance with any Code of Practice, Guidelines or Regulations relating to the Disability Discrimination Act. The main aim of the Disability Discrimination Act is to outlaw discrimination against disabled people in employment and in the provision of goods and services, and applies to all employers with twenty or more employees. The Disability Discrimination Act consists of three parts. The first part deals with the definition of disability. The second part relates to discrimination within an employment context. The third part deals with the provision of goods and services to disabled people. The Meaning of Disability 'Disability' is defined as 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. 'Physical impairment' can include severe disfigurement (such as a skin disease), although this may depend on where the feature in question is, e.g. on the back as opposed to on the face. 'Mental impairment' will only constitute disability if it is a clinically well-recognised illness. Examples of what will constitute mental impairment are learning difficulties, manic depression and severe and extended depressive psychoses. It may be necessary to take medical opinion to determine whether a condition constitutes a mental impairment under the Disability Discrimination Act. The time taken by a person with an impairment to carry out a normal day- today activity and the way that person carries it out - compared with what might be expected if that person did not have the impairment, will also be considered when assessing whether the effect of that impairment is substantial. The effect of an impairment is 'long- term' if it lasts, or is likely to last, for at least 12 months. An impairment will also be considered 'long-term' if it is likely to last for the rest of a person's life. Consequently, someone who is terminally ill, and is not expected to live for 12 months would be considered to have a long-term 'impairment'. In deciding whether a past condition was a disability, its effects count as long-term if they lasted 12 months or more after the first occurrence, or if a recurrence happened, or continued more than 12 months after the first occurrence. Certain factors will be taken into account in determining whether an impairment has an 'adverse' effect on a person's ability to carry out normal day-to-day activities. These factors include whether a person has been medically advised to change, limit or refrain from a normal day-to-day activity on account of an impairment, and, whether an impairment causes pain or fatigue in performing normal day-to-day activities. Another factor in determining whether an impairment has an adverse effect, will be whether or not a person is able to sustain an activity over a reasonable period. An impairment will be taken to affect the ability of a person to carry out normal day-to-day activities, only if it affects one, or more of the following categories:- ? Mobility - this covers moving or changing position, i.e. to what extent a person can get around unaided, walk a short distance, climb stairs, travel in a car or on public transport, sit, stand, bend or reach. ? Manual dexterity - this covers the ability to use hands and fingers with precision i.e. pick up or manipulate small objects, communicate through writing or typing or operate a range of equipment manually. ? Physical co-ordination - this covers balanced and effective interaction of body movement, including hand and eye co-ordination. This would mean taking into account the ability to carry out "composite" activities such as walking and using hands at the same time. ? Continence - this covers the ability to control urination and/or defecation. Account should be taken of the frequency and extent of the loss of control, and the age of the individual. ? Ability to lift, carry or otherwise move everyday objects - account should be taken of a person's ability to repeat these functions or, for example, to bear weights over a reasonable period of time. Everyday objects might include items such as a chair or other piece of light furniture, a briefcase or a kettle. ? Speech, hearing or eyesight - this covers normal day-to-day activities involving the ability to speak, hear or see and includes face-to-face, telephone and. written communication. Account should be taken of how far a persons ability to speak clearly at a normal pace and rhythm, and to understand a person speaking in their native language. If a person uses a hearing aid or similar device, what needs to be considered is the effect experienced if the person is not using the hearing aid or device. The level of background noise should be of such a type that most people would be able to hear adequately. If a person wears spectacles or contact lenses, or whose sight could be corrected by them, what should be considered is the effect remaining while they are wearing such spectacles or lenses, in light of a level and type normally acceptable to most people for normal day-to-day activities: ? Memory or ability to concentrate, learn or understand - account should be taken of the person's ability to remember, organise thoughts, take in new knowledge and plan a course of action and execute it. This includes considering whether the person learns to do things more slowly than normal. ? Perception of the risk of physical danger - this includes both an underestimation and over-estimation of physical danger, including danger to their well-being. Account should be taken of whether a person is inclined to neglect basic functions such as eating, drinking, sleeping, keeping warm and personal hygiene. This is an exhaustive list. An impairment which is likely to have a substantial adverse effect on the ability of a person to carry out normal day-to-day activities, but which is controlled, say by medication will still be covered by the Disability Discrimination Act. Consequently an epileptic or diabetic whose condition is controlled by drugs, or a person with an artificial limb will still be protected. A person with a progressive condition such as cancer, multiple sclerosis, muscular dystrophy, or HIV infection will be protected by the Disability Discrimination Act, only when the condition begins to have a substantial adverse effect on his or her normal day-to-day activities. The Disability Discrimination Act empowers the Government to make regulations which operate in conjunction with the Disability Discrimination Act and enable the enforcement procedures to operate effectively. The following regulations are currently being proposed and will not amount to an impairment for the purposes of the Disability Discrimination Act:- ? dependency on alcohol, tobacco, any drug or any other substance (other than a dependency acquired in consequence of the substance being medically prescribed) ? disorders of child or adult personality, sexuality or behaviour (such as kleptomania, pyromania, pædophilia and psychopathic disorders) hayfever and other similar conditions which occur for a brief period any disfigurement which was acquired or caused deliberately, and which consists of either a tattoo or body piercing (including any rings, fittings or jewellery attached to the pierced skin). Discrimination in an employment context It is unlawful to discriminate against a disabled job applicant: - ? in the arrangements i.e. application form, interview and arrangements for selection for determining to whom a job should be offered, or, ? in the terms on which employment is offered or, ? by refusing to offer, or deliberately not offering the disabled person a job. It is also unlawful to discriminate against a current employee who is disabled:- ? in the terms of employment afforded to the person ? in the opportunities afforded to the person for promotion, a transfer, training, or receiving any other benefit, or by refusing to afford, or deliberately not affording him or her any such opportunity ? by dismissing the person or subjecting him or her to any other detriment (detriment will include demotion, reduction of wages or harassment). An employer will be guilty of discrimination in this context if.- ? for a reason which relates to the disabled person's disability he treats him less favourably than he treats, or would treat others to whom that reason does not or would not apply, and, ? the employer cannot show that the treatment in question is justified. Consequently, the complainant will have to show less favourable treatment, which will require comparison to be made either with an actual, or a hypothetical person, to whom the reason for the less favourable treatment does not apply. An employer will also be guilty of discrimination if he or she penalises someone (whether or not the person is disabled) for ? making a complaint under the Disability Discrimination Act ? giving information about, or evidence in proceedings under the Disability Discrimination Act ? alleging that a person is in contravention of the Disability Discrimination Act. The Disability Discrimination Act also provides that where any arrangements made by or on behalf of the employer or any physical feature of the premises occupied by the employer, place a disabled person at a substantial disadvantage (as compared with someone who is not disabled), then the employer has a duty to take reasonable steps to prevent those arrangements or features having that effect. 'Arrangements' in this context mean arrangements for determining to whom employment should be offered, and the terms on which employment, promotion, a transfer, training or any other benefit are offered. 'Physical feature of the premises' in this context, any of the following whether temporary or permanent: ? feature arising from the design or construction of a building on the premises ? anything affecting the approach to or access to a building ? any fixtures, fittings, furnishings, furniture, equipment or materials, in or on the premises ? other physical element or quality of any land comprised in the premises. Under this part of the Disability Discrimination Act, an employer's duty to take reasonable steps to ensure that a disabled person is not placed at a substantial disadvantage will extend not only to interview procedures, but also to where the interviews are held. The duty to make reasonable adjustments will only arise on a case-by-case basis, in relation to particular job applicants or employees who are disabled. If the employer does not know, and could not reasonably be expected to know, that a disabled person will apply for a job, or that a person has a disability and is likely to be placed at a substantial disadvantage, then the duty is not imposed. The type of steps an employer may have to take are as follows, and in some cases a combination of steps will be necessary:- ? making adjustments to premises ? allocating some of the disabled person's duties to another person ? transferring a disabled person to fill an existing vacancy ? altering working hours ? assigning a disabled person to a different place of work ? providing appropriate training ? acquiring or modifying equipment ? providing a reader, or interpreter ? providing supervision In determining whether it is reasonable for an employer to make such adjustments, the following factors will be taken into account:- ? the extent to which taking the step would prevent the effect in question ? the extent to which it is practicable for the employer to take the step ? the financial and other costs which would be incurred by the employer in taking the step, and the extent to which taking it would disrupt any of his activities ? the extent of the employer's financial and other resources ? the availability to the employer of financial or other assistance with respect to that step. The factors listed above are not exhaustive and the Government have estimated that the cost for an employer to make a reasonable adjustment is £200 per disabled employee. In certain circumstances an employer will be able to rely on a defence when discriminating against a disabled person. The employer will be able to treat a disabled person less favourably, or fail to make a reasonable adjustment if the employer can prove that the reason for such behaviour was both material to the circumstances of the particular case and, substantial. The burden of proving justification is on the employer. What amounts to being 'material' and 'substantial' will have to be assessed on a case-by- case basis and is likely to result in an examination of the real requirement of the job, and the job description itself. It will be important to check job descriptions and person specifications to ensure that unnecessary requirements are not included which may exclude a disabled person who could do the job. An example of an unnecessary requirement which would exclude someone with a sight impairment would be to include ability to drive on the list of requirements, when the job involves only very occasional driving. Provisions of goods, facilities or services: This part of the Disability Discrimination Act applies to all employers, regardless of the number of employees they have. With regard to the provision of goods, facilities or services, it is unlawful for an organisation to discriminate i.e. treat someone less favourably for a reason relating to their disability without justification by:- ? refusing to serve a disabled person because of their disability ? providing a lower standard of service, or providing service on worse terms, The standard of services offered to disabled people must be the same as that offered to other non-disabled people. An organisation can, in limited circumstances, treat a disabled person less favourably if one of the conditions below applies, and it is reasonable for the organisation to hold that opinion. The conditions listed below are those that may be particularly relevant for a recruitment consultancy: - a) An organisation is exempted from the Disability Discrimination Act if any action the organisation would normally be read to undertake would end and employer does not have to act in a certain way if those actions would endanger the health and safety of any person, including the disabled person. Spurious health and safety reasons will provide no defence, i.e. fire regulations should not be used as an excuse to place unnecessary restrictions on disabled people. b) The Disability Discrimination Act does not make unlawful anything done to comply with other legislation. The duty to make reasonable adjustments applies to this part of the Disability Discrimination Act as well. Consequences of discrimination If an Industrial Tribunal finds that an employer is guilty of unlawful discrimination under the Disability Discrimination Act, the Tribunal can make a number of orders. It can make a declaration setting out the innocent party's rights, and make recommendations to the employer to rectify the unlawful act/s. An Industrial Tribunal can also order the employer to pay compensation to the innocent party. The amount payable will reflect the innocent party's loss resulting from the discrimination, and there is no limit on the amount of compensation payable. Interest will be added to the amount payable, and compensation may be awarded separately for injury to feelings. Contract Workers The Disability Discrimination Act makes it unlawful for a principal, in relation to contract work, to discriminate against a disabled person:- a) in the terms on which he allows him to do that work b) by not allowing him to do it, or to continue to do it c) in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them d) or by subjecting him to any other detriment. A principal is someone who hires. another employer's employee to do work for him under a contract with that other employer. Within the context of the recruitment industry, the principal is likely to be the client, and the employer is likely to be a recruitment consultancy. The Government is proposing to introduce the following regulations to clarify the extent of the duty of reasonable adjustment on each party; ? if an adjustment is necessary to enable the worker to carry out the work for which she/he is being offered by the employer, without regard to the particular circumstances of the principal's premises or business, then the duty to make that adjustment will fall on the employer ? the duty on the principal will include a duty to co-operate in the use of any equipment etc. provided as an adjustment by the employer (e.g. the disabled person may have been provided with a special portable computer) ? where an adjustment is necessary to compensate for an effect of the principal's arrangements or premises, the duty will fall on the principal, Registered Disabled People who are already registered as disabled will automatically be covered by the definition of disability in the Disability Discrimination Act for "an initial period", if they are registered both on 12th January 1995 and on the date when the Act comes into force, which is likely to be at the end of 1996. The "initial period" will be three years from the date the Disability Discrimination Act comes into force. People whose disabilities are recognised in other pieces of legislation such as the Mental Health Act, will not be automatically covered by the Disability Discrimination Act. To claim discrimination under the Disability Discrimination Act, such people will have to demonstrate that the relevant provisions of the Disability Discrimination Act apply. Advertising An advertisement which indicates that an application for a job would be determined by reference to either the applicant not having a disability, or the employer's reluctance to comply with the duty to make reasonable adjustments, raises a presumption of discrimination. The burden of proving that the reason the applicant was not offered the job did not relate to his or her disability, is on the employer. If the employer fails to do this, it will be assumed that the reason related to discrimination. A disabled person is likely to rely on this provision where she/he has applied for and, been rejected and subsequently raised a presumption of discrimination. FRES recommends that advertisements should contain a short statement that applications from people with disabilities are welcome. Personal Liability Of Recruitment Consultancy Staff Who Discriminate Under the Disability Discrimination Act not only is an employment agency itself acting unlawfully if a member of staff accepts and acts upon a discriminatory job description - but the individual who accepts and acts upon such a vacancy is personally considered to have acted unlawfully and may have to appear before an Industrial Tribunal should he/she be the subject of a complaint. Although it is a defence for an employer to prove that he took such steps as were reasonably practicable to prevent his employees committing discriminatory acts, it is important that all staff are conversant with the FRES's Best Practice Code, the law, and the consequences of unlawful discrimination to a recruitment consultancy and the individual. Instructions To Staff PSR has evolved a procedure whereby our staff are fully aware of the requirements laid down by the Best Practice Code, and their responsibilities under appropriate legislation. To ensure compliance with our Equal Opportunities Policy, FRES Best Practice Code and the appropriate legislation, the following instructions are laid down:- ? do not treat a job applicant or employee less favourably than another person for a reason relating to their disability, unless there is a material and substantial reason for doing so ? if the duty of reasonable adjustment requires a long-term step to be taken, consider taking reasonable short-term practical steps to reduce any disadvantage to a disabled person ? where appropriate, talk to the disabled person about what may help or what the effects of his/her disability are ? take expert help or advice when considering how to deal with a person's disability, or making a reasonable adjustment to premises or policy ? consult other employees when making reasonable adjustments, since what you are doing and why, may not be effective unless other employees co-operate ? specify and describe jobs carefully, since the inclusion of unnecessary or marginal requirements in a job specification can lead to discrimination. ? be able to justify health requirements wherever they are imposed ? when describing jobs in advertisements, avoid any direct or subtle inferences that people who are not disabled would be preferred ? if someone informs you that they are disabled, ask in advance if she/he has any special requirements e.g. for an interview so that adequate preparations can be made (e.g. inviting deaf or speech- impaired people to bring an interpreter, or alerting staff to be prepared to show visually impaired people to the place of interview) ? only ask about a disability if it is relevant to the job and if a medical check is necessary it must be justifiable in the circumstances ? questions on application forms about a person's health or disability should be appropriately worded (i.e. "do you have a health problem, or disability which is relevant to your job application/any particular job offered to you?") and such information on it must be treated in confidence. ? any disability an applicant has should only be disclosed to a client where it is material to the work undertaken by the applicant. AGE DISCRIMINATION PSR believes that candidates should be selected and put forward on the basis of their skills, qualifications and competence and that upper age limits should not be a relevant issue in recruiting staff. These guidelines and instructions on combating age discrimination help us to make sure that we treat people equally and fairly, regardless of age. Legislative Position There is currently no legislation specifically prohibiting age discrimination in the UK. The Conservative Party policy is to encourage employers not to discriminate on grounds of age by pointing out the benefits of employing older workers. The Labour Party is committed to introducing age discrimination legislation. Tribunals have ruled that certain age, or years of experience limits in recruitment or selection may amount to indirect sex discrimination because, in some cases, the limit is likely to mean that fewer women than men are likely to be able to apply for the job because they are not likely to have been able to achieve the same level of experience as men because of child-rearing breaks. The view of PSR and of FRES is that increasing awareness by employers of the good commercial and social reasons for avoiding age criteria in recruitment decisions is a better approach than age discrimination legislation. There is some evidence from other countries which have introduced such legislation that this can actually make older workers less attractive to employers. The Role Of The Recruitment Industry Our industry is in constant touch with employers in all sectors, and of all sizes throughout the UK. It has unique influence on recruitment decisions and in helping the country to make the best possible use of human resources. Helping To Eliminate Age Discrimination Eliminating age discrimination is not a simple task. Many employers have misconceptions about training, productivity and sickness. However, research indicates that: ? age is a poor indicator of work performance ? older workers are as adaptable as younger ones and tend to respond as well to training ? older and younger workers are equally effective in their work activities ? there is little difference in absenteeism rate between older and younger workers ? older workers stay in their jobs longer. PSR wholeheartedly complies with the voluntary instructions given by FRES in helping to eradicate age discrimination. They read as follows: "Although discrimination on grounds of age is not unlawful, members should not: ? ask clients to indicate preferred age of candidates for a vacancy, or include age limits in records prepared for clients ? members should question requests by clients to include age limits when registering vacancies ? if a client insists on using such limits, the reasons for doing so should be included in the vacancy records, and applicants outside the limits should be given due consideration" Instructions To Staff Although age discrimination is not unlawful, it does not reflect good recruitment practice, and the importance of influencing clients to recruit on the basis of objective job criteria. These are the in-house rules which form instructions which will help to avoid age discrimination problems: ? educate and train staff about the commercial and social benefits of avoiding age discrimination ? challenge clients who use age criteria in recruitment; ask them why they are imposing age limits. Use the points set out above to dissuade them from setting age criteria and try to dissuade clients. You may want to tell them that as an equal opportunities organisation you put candidates forward solely on the basis of their skills and competence, not their age. If a client insists on including limits, it may be worth noting the reasons on vacancy records but we would suggest that candidates outside these limits should not be excluded. ? consider eliminating use of age and date of birth in your applicant records. ? do not use age ranges in advertising. The purpose of recruitment advertising is to recruit the best-qualified candidate, not to exclude them deliberately. Positive Commercial Reasons To Recruit Older Workers There are many positive reasons to recruit older workers - ? older workers often have a wealth of accumulated knowledge and experience which is valuable to potential employers. ? By the year 2000, one person in three in the labour force will be aged over 40. Unless organisations review their recruitment practice, they will be severely disadvantaged in filling vacancies in their organisations. ? By recruiting older workers, companies are able to recruit from a wider pool of talent and improve opportunities for hiring the best people. ? As the population ages, employers need to reflect the age profile of customers in their own workforce. ? It is an important part of today's business ethics to be viewed as good employers with a reputation for caring for workers at all stages of their careers. ? Older workers provide stability, experience and steadying influence in an organisation ? If a business is opposed to age discrimination legislation, they should be prepared to show, by their actions in employing older workers that this legislation is not necessary. Responsibility for the Policy It is every employee's responsibility to ensure that our policy is not only understood by everybody who works with us (and/or applies to work with or or uses our services) but it is also everybody's responsibility to make sure that the policy is adhered to, monitored, improved and invoked. General day to day questions and enquiries can usually be dealt with by Nikki Deegan, PSR's Office Manager; howerver, ultimate responsibility for our policy rests with Chris Gibson, PSR's Director. Complaints Procedure Complaints alleging a breach of our policy by one of our employees should be made in writing to Chris Gibson, PSR's Director. However, should a person for some reason (i.e. learning difficulties etc.) not be able to put his or her complaint in writing, then they may telephone or visit the office (it would help if an appointment could be made so that time can be set aside in advance). The alleged breach will be considered by the staff and Director in one of the company's regular staff meetings and a view will be taken. The complainant will then be advised of the following (in writing and/or verbally if they choose): ? Whether or not the complaint is upheld ? If the complaint is upheld, a full description of any remedial action to be taken by the company ? Whether or not the complaint is upheld, the address and contact details of at least one appropriate organisation who can help the complainant take the matter further if they wish to. (i.e. The Commission for Racial Equality, the Equal Opportunities Commission, The Office of Industrial Tribunals etc.) ? If the complaint is about the Company's Director, then, as he has a major influence over any decisions, an approach should be made directly to the appropriate organisation (they are listed in the FRES Manual, freely available in our main office). Monitoring, Reviewing and Training Details of our monitoring procedures and explained throughout our policy. it is the results of our monitoring process that encourage and inspire us to review our entire policy. The policy is reviewed either annually, to reflect changes in legislation, or when an complaint, incident or monitoring result highlights a particular area for improvement. This current version (Version 3) of our policy was reviewed and finalised on August 28th, 1996; mainly to reflect new guidelines issued by FRES in June 1996. Training is provided to us by HMS, our trainers and every permanent employee of PSR is required to attend a course within six months of commencing employment with us and then bi-annually (for a course update) thereafter, or sooner if the course syllabus changes to reflect new information, legislation, or creative thinking. Written Records and Accountability Our monitoring reports are filed in our office and are kept for a period of five years, along with any observations highlighting a problem or potential problem. Complaints, whatever their outcome (even if they are withdrawn prior to investigation) are kept on file indefinitely, and are referred to the company's Shareholders for their consideration. To date, PSR has never received a complaint relating to an alleged breach of our Equal Opportunities Policy. However, this must not make us complacent; we have to continue to work proactively to improve and enhance our policy by expanding it, enforcing it and educating our workforce and staff. Every member of staff, whether temporary or permanent is accountable. Our temporary staff are accountable directly to our Office Manager, Nikki Deegan, and she is in turn accountable to Chris Gibson, our Director; he, in turn, is accountable to the Shareholders of PSR Agency Limited. Any proven breach of our equal opportunities policy will result in disciplinary action and even dismissal. This is clearly stated in our staff terms and conditions of employment. END PSR Equal Opportunities Policy 28/8/96 Rev. 3 Page 24