Diversity, Equity, Inclusion and Sustainability

EQUAL OPPORTUNITIES POLICY

 1. Policy Purpose

The Company is committed to providing equal opportunities in employment and to avoiding unlawful discrimination in employment and against customers.  Our aim is that our staff will be representative of all sections of society and each employee feels respected and able to give their best.

 This policy is intended to assist the Company in putting this commitment into practice.

 2. Applicability/Scope

 This policy applies to all employees and workers.                                                                         

This policy is not contractual and the Company reserves the right to change it at any time.

3. The Law

It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, sex, gender reassignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These are known as "protected characteristics".

Discrimination after employment may also be unlawful, eg refusing to give a reference for a reason related to one of the protected characteristics.

Staff should not discriminate against or harass a member of the public in the provision of services or goods. It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.

4. Types of Unlawful Discrimination

Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant.

In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.

Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person's dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct.

Associative discrimination is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and (according to guidance from the Government and Acas) pregnancy and maternity).

Perceptive discrimination is where an individual is directly discriminated against or harassed based on a perception that he/she has a particular protected characteristic when he/she does not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).

Victimisation occurs where an employee is subjected to a detriment, such as being denied a training opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the Equality Act 2010, or because he/she is suspected of doing so. However, an employee is not protected from victimisation if he/she acted maliciously or made or supported an untrue complaint. There is no longer a need for a complainant to compare his/her treatment with someone who has not made or supported a complaint under the Equality Act 2010. For example, if a blind employee raises a grievance that the employer is not complying with its duty to make reasonable adjustments, and is then systematically excluded from all meetings, such behaviour could amount to victimisation.

Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.

 5 Equal Opportunities In Employment

The Company will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy.

Person and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. Disability and personal or home commitments will not form the basis of employment decisions except where necessary.

The Company will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if the Company considers it has good reasons, unrelated to any protected characteristic, for doing so. The Company will comply with its obligations in relation to statutory requests for contract variations. The Company will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.

The Company will monitor the ethnic, gender and age composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process.

6. Dignity At Work

The Company has a separate dignity at work policy concerning issues of bullying and harassment on any ground, and how complaints of this type will be dealt with.

7. Customers, Suppliers And Other People Not Employed By The Company

The Company will not discriminate unlawfully against customers using or seeking to use goods, facilities or services provided by the Company.

Employees should report any bullying or harassment by customers, suppliers, visitors or others to their manager who will take appropriate action.

 8. Training

The Company will provide training in equal opportunities to managers and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise.

The Company will provide training to all existing and new employees and others engaged to work at the Company to help them understand their rights and responsibilities under the dignity at work policy and what they can do to help create a working environment free of bullying and harassment. The Company will provide additional training to managers to enable them to deal more effectively with complaints of bullying and harassment.

 9. Your Responsibilities

Every employee is required to assist the Company to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination.

Employees can be held personally liable as well as, or instead of, the Company for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.

Acts of discrimination, harassment, bullying or victimisation against employees or customers are disciplinary offences and will be dealt with under the Company's disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice.

10. Grievances

If you consider that you may have been unlawfully discriminated against, you may use the Company's grievance procedure to make a complaint. If your complaint involves bullying or harassment, the grievance procedure is modified as set out in the dignity at work policy.

The Company will take any complaint seriously and will seek to resolve any grievance that it upholds. You will not be penalised for raising a grievance, even if your grievance is not upheld, unless your complaint is both untrue and made in bad faith.

 Use of the Company's grievance procedure does not affect your right to make a complaint to an employment tribunal. Complaints to an employment tribunal must normally be made within three months beginning with the act of discrimination complained of.

 11. Monitoring And Review

This policy will be monitored periodically by the Company to judge its effectiveness and will be updated in accordance with changes in the law. In particular, the Company will monitor the ethnic and gender composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, and will review its equal opportunities policy in accordance with the results shown by the monitoring. If changes are required, the Company will implement them.

Information provided by job applicants and employees for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection Act 1998.

DIGNITY AT WORK POLICY

 

1. Policy Purpose

 

The Company is committed to creating a work environment free of harassment and bullying, where everyone is treated with dignity and respect.

 

2. Applicability/Scope

 

This applies to all employees and workers. 

                                                                             

This policy covers bullying and harassment of and by managers, employees, contractors, agency staff and anyone else engaged to work by the Company whether by direct contract with the Company or otherwise. If the complainant or alleged harasser is not employed by the Company e.g. if the worker's contract is with an agency, this policy will apply with any necessary modifications such as that the Company could not dismiss the worker but would instead require the agency to remove the worker, if appropriate, after investigation and disciplinary proceedings. The policy covers bullying and harassment in the workplace and in any work-related setting outside the workplace, e.g. business trips and work-related social events.

 This policy is not contractual and the Company reserves the right to change it at any time.

 

3. General Policy Statement

 Harassment and bullying can have very serious consequences for individuals and the Company. Severe cases of harassment and bullying can even lead to mental illness and suicide. Effects on the Company can include loss of morale, poor work performance, increased turnover of staff, legal claims and damage to the Company's reputation. Employees found guilty of harassment or bullying may face disciplinary penalties, up to and including dismissal, could be personally liable to pay compensation in legal claims, and may find their own family and social relationships are adversely affected. Serious harassment may be a criminal offence.

 The Company will not tolerate bullying and harassment of any kind. All allegations of bullying and harassment will be investigated and, if appropriate, disciplinary action will be taken. The Company will also not tolerate victimisation of a person for making allegations of bullying or harassment in good faith or supporting someone to make such a complaint. Victimisation is a disciplinary offence.

 4. Definitions

Bullying is offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate or injure the person on the receiving end.

Harassment is unwanted conduct related to relevant protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age, that:

•  has the purpose of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person; or
• is reasonably considered by that person to have the effect of violating his/her dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her, even if this effect was not intended by the person responsible for the conduct.

 Victimisation is subjecting a person to a detriment because he/she has, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing him/her or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because he/she has made a complaint or giving him/her a heavier or more difficult workload.

 5. Harassment

5.1      Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a "joke" may offend another person. Different people find different things acceptable. Everyone has the right to decide what behaviour is acceptable to him/her and to have his/her feelings respected by others.

 5.2      Behaviour which any reasonable person would realize would be likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to him/her, e.g. sexual touching. It may not be so clear in advance that some other forms of behaviour would be unwelcome to, or could offend, a particular person, e.g. certain "banter", flirting or asking someone for a private drink after work. In these cases, first-time conduct which unintentionally causes offence will not be harassment but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to him/her.

 5.3      Harassment may also occur where a person engages in unwanted conduct towards another because he/she perceives that the recipient has a protected characteristic (e.g. a perception that he/she is gay or disabled), when the recipient does not, in fact, have that protected characteristic. For example, it would be harassment for an individual to tease repeatedly an individual because of an incorrect belief that that the recipient is deaf. Similarly, harassment could take place where an individual is bullied or harassed because of another person with whom the individual is connected or associated, for example if his/her child is disabled, wife is pregnant or friend is a devout Christian. 

Harassment also includes circumstances where an individual is subjected to unwanted conduct from a third party, such as a client or customer. For example, it might be that a client makes a series of racist remarks to a black employee. If an employee feels that he/she has been bullied or harassed by customers, suppliers, vendors or visitors, he/she should report any such behaviour to their manager who will take appropriate action.   

Bullying or harassment of customers, suppliers, vendors or visitors or others will be dealt with through the disciplinary procedure.  A single incident can be harassment if it is sufficiently serious.

5.4      All bullying and harassment is misconduct and is a disciplinary offence which will be dealt with under the Company’s disciplinary policy. Bullying or harassment will often be gross misconduct, which can lead to dismissal without notice.

 

5.5      Bullying or harassment will constitute unlawful discrimination where it relates to one of the protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age. Serious bullying or harassment may amount to other civil or criminal   offences, e.g. a civil offence under the Protection from Harassment Act 1997 and criminal offences of assault.

 6 Examples of Bullying and Harassment

 Bullying and harassment may be misconduct that is physical, verbal or non-verbal, e.g. by letter or email.

 Examples of unacceptable behaviour that are covered by this policy include (but are not limited to):

 physical conduct ranging from unwelcome touching to serious assault;

1. unwelcome sexual advances;
2. the offer of rewards for going along with sexual advances, e.g. promotion, access to training;
3. threats for rejecting sexual advances, e.g. suggestions that refusing advances will adversely affect the employee's employment, evaluation, pay, advancement, assigned work, or any other condition of employment or career development;
4. demeaning comments about a person's appearance;
5. unwelcome jokes or comments of a sexual or racial nature or about an individual's age, disability, sexual orientation or religion;
6. questions about a person's sex life;
7. unwanted nicknames related to a person's age, race or disability;
8. the use of obscene gestures;
9. excluding an individual because he/she is associated or connected with someone with a protected characteristic, e.g. his/her child is gay, spouse is black or parent is disabled;
10. ignoring an individual because he/she is perceived to have a protected characteristic when he/she does not, in fact, have the protected characteristic, e.g. an employee is thought to be Jewish, or is perceived to be a transsexual;
11. the open display of pictures or objects with sexual or racial overtones, even if not directed at any particular person, e.g. magazines, calendars or pin-ups;
12. spreading malicious rumours or insulting someone;
13. picking on someone or setting him/her up to fail;
14. making threats or comments about someone's job security without good reason;
15. ridiculing someone;
16. isolation or non-cooperation at work; and
17. excluding someone from social activities.

 Procedure to Follow If You Are Being Bullied or Harassed

 7.1      You may be able to sort out matters informally. The person may not know that his/her behaviour is unwelcome or upsetting. An informal discussion may help him/her to understand the effects of his/her behaviour and agree to change it. You may feel able to approach the person yourself, or with the help of the Human Resources Director, a manager, or another employee. Alternatively, an initial approach could be made on your behalf by one of these people. You should tell the person what behaviour you find offensive and unwelcome, and say that you would like it to stop immediately. You may want to add that, if the behaviour continues, you intend to make a formal complaint to your manager or the Human Resources Director.  You should keep a note of the date and what was said and done. This will be useful evidence if the unacceptable behaviour continues and you wish to make a formal complaint.  However, if this is not appropriate you should report the matter by writing directly or to the Human Resources Director or a senior manager.   

 7.2      If an informal approach does not resolve matters, or you think the situation is too serious to be dealt with informally, you can make a formal complaint by using the Company's grievance procedure. In the case of grievances about bullying or harassment, the normal grievance procedure is modified so that you can choose whether to raise your grievance with your line manager or directly with the Human Resources Director. The Company will ensure that you can bring your complaint in the first instance to someone of your own sex, if you so choose.  In very serious cases, a criminal offence may have been committed and you may wish to report matters to the police. The Human Resources Director can arrange for someone to accompany you to make a complaint to the police.

 7.3      All complaints will be investigated promptly and, if appropriate, disciplinary proceedings will be brought against the alleged harasser. You will have the right to be accompanied by a work colleague or trade union representative of your choice at any meeting dealing with your grievance. You will be kept informed of the general progress of the process of investigation and the outcome of any disciplinary proceedings. The Company will decide on a balance of probabilities, after considering all available evidence, whether or not harassment or bullying has occurred.

 7.4      The Company will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible. Investigation of allegations will normally require limited disclosure on a "need to know" basis. For example, your identity and the nature of the allegations must be revealed to the person you are complaining about, so he/she is able to respond to the allegations. Some details may also have to be given to potential witnesses but the importance of confidentiality will be emphasised to them. If the complaint is upheld, and a person who has been found to have harassed you is kept in the Company's employment, managers may need to be given some information where this is necessary for them to manage the risk of further harassment by that person against you or others.

 7.5      Wherever possible, the Company will try to ensure that you and the alleged harasser are not required to work together while the complaint is under investigation. In a serious case, the alleged harasser may be suspended while investigation and any disciplinary proceedings are underway.

 7.6      If your complaint is upheld, and the person found to have bullied or harassed you remains in the Company's employment, every effort will be made to ensure that, if possible, you do not have to continue to work alongside the harasser, if you do not wish to do so. We will discuss the options with you. These may include the transfer of the harasser or, if you wish, you may be able to transfer to another post.

 7.7      If your complaint is not upheld, the Human Resources Director will support you, the alleged harasser and your manager(s) in making arrangements for you both to continue or resume working and to help repair working relationships. The Company will consider making arrangements to avoid you and the alleged harasser having to continue to work alongside each other, if either of you do not wish to do this.

 7.8      You have a right not to be victimised for making a complaint in good faith, even if the complaint is not upheld. However, making a complaint that you know to be untrue may lead to disciplinary action being taken against you.

 7.9      Some types of bullying or harassment may constitute unlawful discrimination and may give rise to the possibility of other civil claims or criminal proceedings.

 Prevention of Bullying and Harassment

 Every employee has a responsibility to help create and maintain a work environment free of bullying and harassment. You can help to do this by:

1.  being aware of how your own behaviour may affect others and changing it, if necessary - you can still cause offence even if you are "only joking";
2. treating your colleagues with dignity and respect;
3. taking a stand if you think inappropriate jokes or comments are being made;
4. making it clear to others when you find their behaviour unacceptable, unless it should be obvious in advance that this would be the case;
5. intervening, if possible, to stop harassment or bullying and giving support to recipients;
6. making it clear that you find harassment and bullying unacceptable;
7. reporting harassment or bullying to your manager or the Human Resources Manager and supporting the Company in the investigation of complaints; and
8. if a complaint of harassment or bullying is made, not prejudging or victimising the complainant or alleged harasser.

 Managers have a particular responsibility to:

• set a good example by their own behaviour;
• ensure that there is a supportive working environment;
• make sure that staff know what standards of behaviour are expected of them;
• intervene to stop bullying or harassment; and
• report promptly to the Human Resources Director any complaint of bullying or harassment, or any incident of bullying or harassment witnessed by them.

 Making This Policy Work

 9.1      The Company will provide training to all existing and new employees and others engaged to work at the Company to help them understand their rights and responsibilities under this policy and what they can do to help create a working environment free of bullying and harassment. We will provide additional training to managers to enable them to deal more effectively with complaints of bullying and harassment.

 

9.2      The Company will review the outcomes of cases where complaints of bullying and harassment have been made to check that the proper procedures have been followed and to identify      any points that can be learned from those cases and implement any necessary changes.

 

9.3      The Company will also periodically monitor how successful it is being in creating a workplace free of bullying and harassment by other means which may include confidential staff surveys.

Dalmahoy sustainability:

Cycle to work scheme
Removed plastic sachets and replaced with reusable bottles
Recycling – paper, plastic, water, tree felling, oil
Propagation and wild flower planting
Log piles on golf course for insect habitat, bat boxes and bee hives
Nature trail
Housekeeping – Changed small soap and shampoo bottles to 500ml reusable bottles in rooms
Use local produce/suppliers when possible – reducing food miles
Dalmavoice – organised litter picking at Ratho Canal (next litter picking date TBC)
Lights – Changed from Florescent Tubes (TPM £329.53) to LED Panels (TPM £131.88) - ongoing project 50% of the hotel complete