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| OUR MISSION STATEMENT |
| MEET THE STAFF |
| OUR SPECIALIST SECTOR |
| WHAT MAKES US THE BEST? |
| SOME ODD PSR STATISTICS |
| EQUAL OPPORTUNITIES |
| INVESTORS IN PEOPLE |
| PRINT A TIMESHEET |
| Our Equal Opportunities Policy | |||
| .....if you'd rather download a text file of our
policy, just click here. |
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PSR AGENCY LIMITED 4th REVISION - 6th NOVEMBER 1997 |
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(Based upon the Federation of Recruitment and Employment Services' Regulations, Guidelines and Best Practice Code - updated and issued June 1996) |
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| Introduction | |||
| TOur 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 that 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:
1. Our Intentions, This Document and its Contents
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| 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. |
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| OUR EQUAL OPPORTUNITIES STATEMENT | |||
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| 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:-
Direct Discrimination occurs when one individual treats another individual less favourably on racial grounds than he treats or would treat other persons. 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. |
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| .....Instructions To Staff | |||
1... 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 REC’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 |
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a). When registering vacancies, never say anything which might prompt an employer to say anything which might prompt an employer to think about discriminating. - Advise the client that he is in contravention of the Race Relations Act and that the vacancy cannot be accepted. - 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. - 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. - 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 - 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. - 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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: |
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| 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. |
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| 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” |
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| 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: 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: 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 REC’s Best Practice Code. |
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| .....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 REC 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 N orth 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 : |
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