EQUALITY AND DIVERSITY POLICY
1) OUR COMMITMENT TO DIVERSITY
(a) Commitment
We Pond Marsh, are committed to eliminating unlawful discrimination and to promoting Equality and Diversity within our policies, practices and procedures.
We are also committed to promoting Equality and Diversity in the Firm.
This applies to our professional dealings with client’s, staff and Partners, other solicitors, barristers and third parties.
We shall treat everyone equally and with the same attention, courtesy and respect regardless of:
- Age;
- Disability;
- Gender Reassignment;
- Race;
- Religion or belief;
- Sex;
- Sexual Orientation;
- Marriage or Civil Partnership status;
- Pregnancy and maternity; or
- Caring responsibility.
(b) The Law
In implementing this policy Pond Marsh is committed to complying with the Equality Act 2010 and the Solicitor’s Code of Conduct 2011 and with any future anti-discrimination legislation and associated codes of practice.
It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, sex, gender reassignment, pregnancy, maternity, race (including colour, ethnicity, nationality 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, for example refusing to give a reference for a reason related to one of the protected characteristics.
Employees should not discriminate against or harass a member of the public in the provision of services.
Forms of Unlawful Discrimination
- Direct discrimination is where a person is treated less favourably because of a protected characteristic.
- Indirect discrimination is where a provision, criterion or practice is applied what is discriminatory in relation to individuals who have a related protected characteristic 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.
- Victimisation is where someone is treated less favourably than others because he or she has taken action for example raising a complaint or supporting another in such a complaint in good faith against the Firm relating to discrimination or harassment under the Equality Act 2010.
- Harassment is where one person subjects another to unwanted conduct relating to one of the protected characteristics but has the purpose of 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.
(2) Meeting Client’s Needs
(a) General Statement
As a provider of Legal Aid services, Pond Marsh will treat all clients equally and fairly and not unlawfully discriminate against them. The Firm will also, whenever possible, take steps to promote equal opportunity in relation to access to the Legal Services that we provide.
(b) Identifying the Client’s Needs
Pond Marsh is committed to meeting the diverse needs of clients. We will take steps to identify the needs of clients and develop policies and procedures setting out how we will meet client’s needs. We will take into account, in particular, the needs of client’s with a disability and clients who are unable to communicate effectively in English. We will consider whether particular groups are predominate within our client base and devise appropriate policies to meet their needs, including: men and women, carers, children, the elderly, members of religious groups, ethnic groups or nationalities and lesbian, gay, bisexual and transgender people. We will not discriminate in making decision as to whether to accept instructions or offer advice to clients.
(c) Communications Plan
The Firm will devise ways and methods to promote and raise awareness of policies and procedures for ensuring that our services are accessible for a diverse range of clients. Our Communication Plan sets out what steps we have taken and/or how we will take to put in place customer service policies and procedures to make our services accessible to clients. It contains a list of policies and procedures, information about what steps we will take to put them in place, who is responsible for them and how we will make our policies and procedures openly available to the public.
Employees and partners will be informed of the Communications Plan and training provided where appropriate to ensure that it is effectively implemented.
3) Dealing with Third Parties
(a) General Statement
Pond Marsh does not and will not unlawfully discriminate in dealing with third parties. This applies to dealing with other Legal Service Providers and general procurement. Our suppliers are selected on the basis of objective assessment other than in exceptional cases.
(b) Dealing with Barristers
Pond Marsh will instruct Barristers on the basis of their skill, experience and ability and not unlawfully discriminate or encourage Barrister’s or their Clerks to unlawfully discriminate on the grounds of their age, gender, marital status, race, religion or belief, sexual orientation, transgender or on the grounds of disability.
4) Employment
(a) General Statement
As an employer, Pond Marsh will treat all employees and job applicants equally and fairly and not unlawfully discriminate against them. This applies equally to voluntary positions and anyone undertaking work experience with us. This will, for example, include arrangements for recruitment and selection, terms and conditions of employment, access to training opportunities, access to promotion and transfers, grievance and disciplinary processes, demotion, selection for redundancies, dress code, references, bonus schemes, work allocation and any other employment related activities.
(b) Recruitment and Selection
This Firm recognises the benefits of having a diverse work force and will take steps to ensure that:
- We endeavour to recruit from the widest pool of qualified candidates practicable;
- Employment opportunities are open and accessible to all on the basis of their individual qualities and personal merit;
- Where appropriate, positive action measures are taken to attract applications from all sections of society and especially from those groups which are underrepresented in the workforce;
- Selection criteria and processes do not unlawfully discriminate on the grounds of sex (including marital status, gender reassignment, pregnancy, maternity and paternity), sexual orientation (including civil partnership status), religion or belief, age or disability; other than in those instances where the Firm is exercising permitted position action or a permitted exemption.
- Wherever appropriate and necessary, lawful exemptions (genuine occupations requirements) will be used to recruit suitable staff to meet the special needs of particular groups;
- All recruitment agencies acting for Pond Marsh are aware of requirements not to discriminate and to act accordingly.
(c) Conditions of Service
We will treat all employees equally and create a working environment which is free from unlawful discrimination and which respects the diverse backgrounds and beliefs of employees. Terms and conditions of service for employees will comply with anti-discrimination legislation. The provision of benefits such as flexible working hours, maternity and other leave arrangements, performance appraisal systems, dress code, bonus schemes and any other conditions of employment will not unlawfully discriminate against any employee on the grounds of their age; gender and gender reassignment; marital status; race; religion or belief; sexual orientation or on the grounds of disability.
Where appropriate and necessary, the Firm will endeavour to provide appropriate facilities and conditions of service which take into account the specific needs of employees which arise from their ethnic or cultural background; gender and gender reassignment; responsibilities as carers; disability; religion or belief or sexual orientation.
(d) Promotion and Career Development
Promotion within the Firm (including to partners) will be made without reference to any of the protected characteristics and will be based solely on merit. The selection criteria and processes for recruitment and promotion will be kept under review to ensure that there is no unjustifiably discriminatory impact on any particular group.
While positive action measures may be taken in accordance with relevant anti-discrimination legislation to encourage applications from under-represented groups, appointments to all jobs will be based solely on merit. All employees will have equal access to training and other career development opportunities appropriate to their experience and abilities. However, the Firm will take appropriate positive action measures (as permitted by the anti-discrimination) to provide special training and support for groups which are under-represented in the workforce and encourage them to take up training and career development opportunities.
(e) Training Plan
The Firm will identify equality and diversity training needs and draw up a plan to address these as appropriate to their responsibilities. The plan will include details of the sort of training that will be provided, who will be trained, when training will be provided and who is responsible in the Firm for ensuring that training is delivered. Employees and partners will be informed of this equality and diversity policy and training plan.
(f) Working with other Organisations
All those who act on the Firm’s behalf will be informed of this equality and diversity policy and will be expected to pay due regards to it when conducting business on the Firm’s behalf. In all its dealings, the Firm will seek to promote the principles of equality and diversity.
5) Implementing the Policy
(a) Responsibility
Ultimate responsible for implementing the policy rests with the Firm and the partners. Our Mr Howard Marsh has been appointed to be responsible for the operation of the policy. All employees and partners of the Firm are expected to pay due regards to the provisions of this policy and are responsible for ensuring compliance with it when undertaking their jobs or representing the Firm.
Acts of unlawful discrimination by employees or partners of the Firm will result in disciplinary proceedings. Failure to comply with this policy will be treated in a similar fashion. The policy applies to all who are employed in the Firm and to all partners.
Acts of unlawful discrimination by those acting on behalf of the Firm will lead to appropriate action being taken against them.
(b) Complaints of Discrimination
The Firm will treat seriously all complaints of unlawful discrimination, harassment and victimisation made by employees, partners, clients, barristers or other third parties and will take disciplinary action where appropriate.
All complaints will be investigated in accordance with the Firm’s grievance or complaints procedure and the complainant will be informed of the outcome.
We also monitor the number and outcome of complaints of discrimination made by staff, clients, partners, barristers and other third parties.
(c) Your Responsibility
Every employee is required to assist the Firm to meet its commitment to provide equal opportunities in employment and to avoid unlawful discrimination. Employees can be held personally liable as well as or instead of the Firm for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.
(d) Monitoring
- The Firm will monitor and record all equal opportunities information about staff, partners, on the basis of age, gender, ethnicity and disability.
- Where it is possible to do so, and where doing so will not cause offence or discomfort to those whom it is intended to protect, we will monitor the sexual orientation and religion or belief or staff, partners so as to ensure that they are not being discriminated against in terms of the opportunities or benefits available to them. We are aware that individuals may choose not to disclose their sexual orientation or religion or belief and that care will be taken to avoid inadvertent discrimination in such cases.
We will store equal opportunities data as confidential personal data and restrict access to this information. Equal opportunities information will be used for exclusively for the purposes of equal opportunities monitoring and have no bearing on opportunities or benefits.
The Firm will monitor all elements of:
- Recruitment and selection process (applicants and existing staff and partners);
- Promotion and transfer;
- Training (all training opportunities not restricted to equality and diversity training);
- Terms and conditions of employment;
- Take up of benefits (work life balance policies eg flexible working requests)
- Grievance and disciplinary procedures;
- Resignations, redundancies and dismissals.
The Firm will provide equal opportunities information to the Legal Aid Agency as required in relation to personnel and clients under the terms of legal aid contracts.
(e) Review
The Firm will review the operation of this policy annually (or more regularly if we identify any non-compliance or problem concerning equality and diversity issues with clients or personnel). We will take remedial action if we discover non-compliance under this policy or barriers to equal opportunities. When reviewing the policy, we will consider the outcome of monitoring and review actions under our communications and training plans.