Forte Law has recently updated its Equality and Diversity Policy. The up-to-date policy below replaces the policy published at the foot of the Forte Law website.
FORTE LAW
EQUALITY AND DIVERSITY POLICY
1. INTRODUCTION
1.1
Forte Law is committed to promoting and maintaining equality and
diversity and to the prevention of discrimination and/or harassment in relation
to all aspects of our business.
1.2 This policy sets out Forte Law’s obligations
in relation to equality and diversity and how we intend to fulfil those
obligations and promote and maintain equality of opportunity and diversity in
everything we do. In so doing we intend
to meet the expectations of our clients, suppliers, employees and independent
contractors (where applicable) and the Solicitors Regulation Authority and any
other relevant regulatory bodies.
1.3 This policy will be
published on Forte Law’s website and made available to clients, suppliers, the
Solicitors Regulation Authority and any other relevant third party upon
request. Upon request we can provide
this policy in large print format or on audio cassette tape.
1.4 This policy shall be
effective from 6 August 2007
2. MONITORING AND REVIEW
Monitoring
2.1
Forte Law will monitor the
implementation of this policy on an ongoing basis to ensure that the principles
and procedures set out in it are being effectively implemented by the practice
and in any event a formal monitoring process shall be carried out and recorded
in accordance with 2.2 below.
.
2.2 We will monitor by reviewing
on an annual basis the operation of this policy by careful consideration of
whether all of our business activities over the preceding twelve months were
compliant with it. In the carrying out of such monitoring we will give due
regard to any complaints (including any expressions of dissatisfaction) with
regard to any issue covered by this policy and any circumstances where Forte
Law has identified any shortcomings in its implementation of this policy. We
will use the monitoring process to identify and, where our resources allow,
address any failure to implement this policy and best practice. Forte Law will keep a written record of this
formal monitoring process and of any action points identified as a result of
it.
Review
2.3
Forte Law does not currently employ employees or engage independent
contractors to provide any of its services to clients. In the event that any decision is taken to
employ or engage the services of any third party in connection with the
provision of its services to clients we will review this policy and make such
amendments as are appropriate to reflect the obligations of Forte Law in
relation to such third parties and their own obligations to be aware of,
promote and maintain Forte Law’s policy in relation to equality and diversity.
2.4 Forte Law will review this policy on an ongoing basis
to reflect changes in the law and guidance issued from time to time by the
Solicitors Regulation Authority, the Law Society and any other relevant body
and best practice (having regard to the resources available to us) for a sole
legal practice committed to the principles of equality, inclusion and
diversity. In any event this policy will be reviewed on or before 30 May 2013 and at least annually
thereafter.
3. KEY PRINCIPLES
3.1 Forte Law will not in its dealings with clients, suppliers, barristers, other
lawyers or any third party (including, to the extent relevant, any future employees, partners,
members or directors) discriminate,
without lawful cause, against any person, nor victimise or harass them
on the basis of any of the following
protected characteristics or on the basis that (s)he is perceived to have or associate with anyone
having any of the following protected characteristics:
a)
race or racial group
(including colour, nationality and ethnic or national origins);
b)
sex (including marital
status, gender reassignment, pregnancy, maternity and paternity);
c)
sexual orientation whether
actual or perceived (including civil partnership status);
d)
religion or belief;
e)
age whether actual or
perceived ; or
f)
disability.
3.2
Forte Law will take such steps and make such adjustments as are
reasonable in all the circumstances in
order to comply with its duties under section 20 of the Equality Act 2010 (“the
Act”) in relation to its clients or, to the extent relevant, any future
employees, partners, members or directors of
Forte Law.
4. EXPLANATION OF TERMS
USED IN THIS POLICY
4.1 What
is discrimination?
Discrimination occurs when one
person is treated less favourably than another is treated, or would be treated,
in the same or similar circumstances without legitimate reason.
Direct discrimination occurs
when someone is treated less favourably than another person because:
·
they have a protected characteristic,
·
they are thought to have a protected
characteristic or
·
they associate with someone who has a protected
characteristic.
Direct discrimination under the Equality Act 2010
(“the Act”) is defined as follows:
'A person (A) discriminates against another (B)
if, because of a protected characteristic, A treats B less favourably than A
treats or would treat others'.
This definition of direct discrimination applies
to all protected characteristics. In relation to the protected characteristic
of age, direct discrimination can be justified if it is a proportionate means
of achieving a legitimate aim.
Separate provisions exist in respect of
discrimination against a woman on the grounds of pregnancy or maternity
(sections 17 and 18 of the Act).
Direct discrimination also
covers a situation where someone is treated less favourably than another person
because they are thought to have a protected characteristic (discrimination by
perception) or because they associate with someone who has a protected
characteristic (discrimination by association).
Indirect discrimination occurs when a policy or practice
that applies to everyone particularly disadvantages people who share a protected
characteristic. Indirect discrimination under the Act is defined as follows:
A person (A) discriminates against another (B) if
A applies to B a provision, criterion or practice which is discriminatory in
relation to a relevant protected characteristic of B's.
Indirect discrimination can only be justified if
you can show that the policy or practice is a proportionate means of achieving
a legitimate aim.
Indirect discrimination had
already applied to age, race, religion or belief, sex, sexual orientation and
marriage and civil partnership. It has been extended under the Act to cover
disability and gender re-assignment. It does not apply to pregnancy or
maternity.
Indirect discrimination can occur
whether or not the person applying the provision, criterion, practice,
requirement or condition intended to discriminate against the person or group
of people affected.
The term “without lawful cause”
means that the discrimination has taken place in circumstances which are not
dealt with under the following paragraphs in this 4.1.
Discrimination arising from disability (section 15 of the Act)
Under section 15 a person discriminates against a
disabled person if he/she treats them unfavourably because of something arising
in consequence of their disability, and this treatment cannot be justified as a
proportionate means of achieving a legitimate aim.
If a person acting as either an
employer or service provider did not know and could not reasonably have been
expected to know of the disabled person's disability, then the unfavourable
treatment will not amount to discrimination. However, the employer or service
provider must do all you can reasonably be expected to do to find out if a
person has a disability.
Unlike direct and indirect
discrimination, this form of discrimination does not require the use of a
comparator to establish less favourable treatment.
4.2 What is the duty to make adjustments (section 20 of the Act)?
The Act consolidates and extends existing duties
upon employers and suppliers of goods and services from the Disability
Discrimination Act 1995 to make reasonable adjustments for disabled persons.
The duty is three fold:
·
Where a provision, criterion or practice puts a
disabled person at a substantial disadvantage in relation to a relevant matter
in comparison with persons who are not disabled, the person to whom the duty
applies must take reasonable steps to avoid the disadvantage.
·
Where a physical feature puts a disabled person
at a substantial disadvantage in comparison with persons who are not disabled,
the person to whom the duty applies must take reasonable steps to avoid the
disadvantage.
·
Where a disabled person would, but for the
provision of an auxiliary aid, be at a substantial disadvantage in comparison
with persons who are not disabled, the person to whom the duty applies must
take reasonable steps to provide the auxiliary aid.
In relation to requirements where the provision,
criterion or practice in question or the auxiliary aid required relates to the
provision of information, 'reasonable steps' include making sure that the
information is in an accessible format.
The duty referring to the provision of auxiliary
aids only previously applied to premises and goods and services, but has now
been extended to employment. More details about how the duty operates in the
goods and services and employment contexts can be found in Schedules 2 and 8 of
the Act.
4.3 What is harassment (section 26 of the Act)?
Harassment is defined in the Act as:
'unwanted conduct related to a relevant protected
characteristic, which has the purpose or effect of violating an individual's
dignity or creating an intimidating, hostile, degrading, humiliating or
offensive environment for that individual' .
Harassment applies to all protected
characteristics except for pregnancy and maternity, and marriage and civil
partnership.
The Act specifically prohibits three types of
harassment:
·
Harassment related to a 'relevant protected
characteristic'
·
Sexual harassment; and
·
Less favourable treatment of a service user
because they submit to or reject sexual harassment related to sex or gender
reassignment.
For harassment related to a protected
characteristic, 'related to' includes where the employee or client being
harassed has a protected characteristic or where there is any connection with a
protected characteristic. 'Any connection' includes a situation where the
employee or client being harassed has an association with someone who has a
protected characteristic or where they are perceived wrongly as having a
particular protected characteristic.
4.4 What is Victimisation (section 27 of the Act)?
Victimisation occurs when an employer or service
provider subjects a person to a detriment because the person has carried out
(or the employer or service believer
believes they have or may carry out) what is referred to as a 'protected
act'.
A protected act is any of the following (section
27(2)):
·
bringing proceedings under the Act
·
giving evidence or information in proceedings
brought under the Act;
·
doing anything which is related to the
provisions of the Act;
·
making an allegation that another person has
done something in breach of the Act.
The term 'detriment' has not been defined under
the Act but it can be reasonably inferred that if an action has the effect of
putting a person at a disadvantage or if it makes their position worse, such
treatment will amount to a detriment.
The victim need not have a protected
characteristic in order to be protected from victimisation under the Act; for
example they could have been supporting a person with a protected
characteristic who is making a claim. Claims for victimisation can only be
brought by individuals and not groups.
4.5 What
is a disability?
A person has a disability if (s)he
has a physical or mental impairment, which has a substantial and long-term
adverse effect on his/her ability to carry out normal day-to-day activities.
5. IMPLEMENTATION
OF THIS POLICY
Forte Law will implement the key
principles set out in 3. above in the following ways:
a)
Forte Law will observe the key principles in accepting instructions from
and all its dealings with clients and third parties;
b)
In any circumstances where barristers or any third parties are to be
instructed by Forte Law they will be instructed solely on the basis of their
skill, experience and suitability (having regard to issues such as specialist
expertise and cost) to undertake the work in question. Forte Law will comply with a client’s request
to instruct a named barrister (subject to our duty to discuss the suitability
of that barrister for a particular type of work). Where a client’s instructions as to the choice
of barrister are discriminatory under the Act Forte Law will encourage the
client to modify them. If the client refuses to do so, Forte Law will cease to
act for the client.
c)
All suppliers of services or products to Forte Law will be selected only
on the basis of their suitability to supply such services or products and
selection will not be discriminatory having regard to any of the protected
characteristics set out in 3.1.
d)
Forte Law will expect its suppliers of services and products and all
third parties from whom it commissions services or products to be committed to
the principles of equality and diversity set out in this policy and will not
knowingly commission services or acquire products from any third parties who engage in
discriminatory practices.
e)
Forte Law’s terms of business will state Forte Law’s commitment to
meeting the needs of all of its clients.
The terms of business and Forte Law’s complaints policy and any other
external policy will be supplied in large print format or on audio cassette
tape on request.
f) Forte Law’s website has been designed to
incorporate features which will make it accessible to persons with a
disability.
g) In the provision of its services Forte
Law will at all times:
·
Treat
disabled people fairly, with respect and not less favourably than other members
of the public unless different treatment can be justified on health and safety
grounds or is otherwise justifiable
·
Consider
in respect of the provision of services the accessibility of those services to
the public and the reasonable adjustments which might be made to make such
services more accessible, consulting with disability interest
groups/organisations where relevant
·
Consider
and where appropriate (having regard to Forte Law’s resources and the
effectiveness and availability of any proposed adjustment), action any requests
by disabled people for any reasonable adjustment to be made e.g. visiting
clients at their own premises in order to take instructions, providing
information in large print or on audio cassette tape.
h) In the event that Forte Law
shall employ any person Forte Law will comply with its obligations in the Act related
to recruitment and employment.
6. COMPLAINTS
Forte Law is committed to the principles set
out in this policy and their effective implementation and will do its best to
resolve any complaints relating to any of the issues covered by this
policy. Any complaint should be
addressed to:
Pamela Forte
Forte Law
The Cottage
Penmark
Vale of Glamorgan
CF62 3BP
or sent by electronic mail to pamela.forte@fortelaw.co.uk. Where possible, complaints should be made in
writing but Forte Law will consider complaints made orally in circumstances
where, by reason of a disability, any person would be disadvantaged by having
to make a complaint in writing. Forte
Law will also make any other reasonable adjustment to its complaints procedure
in order to make the process accessible to persons with a disability. A copy of
Forte Law’s formal procedure for handling complaints will be made available
upon request and can be supplied, upon request, in large print or on audio
cassette tape.
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