Purpose and objective

These procedures reflect the controls and processes within the Organization for promoting

Equality and Diversity. The procedures explain the structured process for encouraging

equality of opportunity and respect for diversity and preventing unlawful discrimination in

our relationship with our clients and others. The requirements apply in relation to age,

disability, gender reassignment, marriage and civil partnership, pregnancy and maternity,

race, religion or belief, sex and sexual orientation.

Everyone must contribute to compliance with these requirements, for example by treating

each other, and clients, fairly and with respect, by embedding such values in the workplace

and by challenging inappropriate behaviour and processes. Your responsibility for

embedding these values will vary depending on your role in Amelie Distribution LTD.

These procedures have been produced in accordance with general law set out in

legislation, including the Equality Act 2010.

Policy statement

Amelie Distribution LTD is committed to eliminating discrimination and promoting

equality and diversity in its own policies, practices, and procedures and in those areas in

which it has influence. This applies to all aspects of Amelie Distribution LTD’s professional

dealings with members of staff, clients and third parties. As well as employment aspects,

including recruitment and selection, promotion, opportunities for training, benefits, other

terms of employment, disciplinary matters, discipline, selection for redundancy and

dismissal. Amelie Distribution LTD is an equal opportunity employer and is fully committed

to a policy of treating everyone equally.

Amelie Distribution LTD will treat everyone fairly and equally and with the same attention,

courtesy and respect and will not discriminate without lawful cause against any person,

nor victimise or harass them on the grounds of their race or racial group, colour, nationality

and ethnic or national origins, gender, sexual orientation, marital status, religion or belief,

age, or disability.

Amelie Distribution LTD will take such steps and make such adjustments as are necessary

in all the circumstances to prevent any members of Amelie Distribution LTD and clients

from being placed at a substantial disadvantage in comparison with those who are not

disabled.

Amelie Distribution LTD will take all reasonable steps to employ, train and promote

employees based on their experience, abilities, and qualifications without regard to age,

disability, gender reassignment, marriage and civil partnership, pregnancy and maternity,

race (including color, nationality and ethnic or national origins), religion or belief, sex, or

sexual orientation. In this policy, these are known as the “protected characteristics”.

Amelie Distribution LTD will also take all reasonable steps to provide a work environment

in which all employees are treated with respect and dignity and that is free from

harassment and bullying based upon the protected characteristics. All employees are

responsible for conducting themselves in accordance with this policy. Amelie Distribution

LTD will not condone or tolerate any form of harassment, whether engaged in by

employees or by outside third parties who do business with Amelie Distribution LTD, such

as clients, contractors, and suppliers.

All employees have a duty to co-operate with Amelie Distribution LTD to make sure that

this policy is effective in ensuring equal opportunities and in preventing discrimination,

harassment, or bullying. Action will be taken under Amelie Distribution LTD’s disciplinary

procedure against any employee who is found to have committed an act of improper or

unlawful discrimination, harassment, bullying or intimidation. Serious breaches of this

equality and diversity policy will be treated as potential gross misconduct and could render

the employee liable to summary dismissal. Employees should also bear in mind that they

can be held personally liable for any act of unlawful discrimination or harassment.

Employees who commit serious acts of harassment may also be guilty of a criminal offence.

You should draw the attention of Alexander Crepy to suspected discriminatory acts or

practices or suspected cases of harassment or bullying. You must not victimise or retaliate

against an employee who has made allegations or complaints of discrimination or

harassment or who has provided information about such discrimination or harassment.

Such behaviour will be treated as potential gross misconduct in accordance with Amelie

Distribution LTD’s disciplinary procedure. You should support colleagues who suffer such

treatment and are making a complaint.

Amelie Distribution LTD will also take appropriate action against any third parties who are

found to have committed an act of improper or unlawful harassment against its

employees.

Regulation and legislation

In developing and implementing its equality and diversity policy, Amelie Distribution LTD

will comply with the Equality Act 2010 and with any future anti-discrimination legislation

and associated codes of practice.

The Act defines the various kinds of discrimination with reference to the characteristics

which are protected under the Act. In summary the law requires that employees and

customers have a right to be treated fairly. It also prohibits discrimination based on one of

a number of protected characteristics.

Protected characteristics for employees:

• Disability

• Gender reassignment

• Marriage or civil partnership

• Pregnancy or maternity

• Race

• Religion or belief

• Sexual orientation

• Sex

• Age

Direct discrimination

Direct discrimination occurs when, because of one of the protected characteristics, a

person is treated less favourably than others are treated or would be treated.

This includes:

• In the case of pregnancy and maternity direct discrimination occurs if they are

treated in a way because of their protected characteristic, without needing to

compare treatment to someone else

• Treating a disabled person unfavourably because of something connected with their

disability when this cannot be justified (known as discrimination arising from a

disability)

• Failing to make reasonable adjustments for a disabled person.

The treatment will still amount to direct discrimination even if it is based on the protected

characteristic of a third party with whom the person is associated and not on the

individual’s own protected characteristic. In addition, it can include cases where it is

perceived that a person has a particular protected characteristic when in fact they do not.

Amelie Distribution LTD will take all reasonable steps to eliminate direct discrimination in

all aspects of its professional dealings.

Indirect discrimination

Indirect discrimination is treatment that may be equal in the sense that it applies to all

individuals but which is discriminatory in its effect on, for example, one particular sex or

racial group.

Indirect discrimination occurs when there is applied to the person a provision, criterion or

practice (PCP) which is discriminatory in relation to a protected characteristic of the

person. A PCP is discriminatory in relation to a protected characteristic of the person if:

• It is applied, or would be applied, to persons with whom the individual does not

share the protected characteristic

• The PCP puts, or would put, persons with whom the individual shares the protected

characteristic at a particular disadvantage when compared with persons with whom

the individual does not share it

• It puts, or would put, the individual at that disadvantage

• It cannot be shown by Amelie Distribution LTD to be a proportionate means of

achieving a legitimate aim

Amelie Distribution LTD will take all reasonable steps to eliminate indirect discrimination

in all aspects of its professional dealings.

Recruitment, advertising and selection

The recruitment process will be conducted in such a way as to result in the selection of the

most suitable person for the job in terms of relevant experience, abilities and

qualifications. Amelie Distribution LTD is committed to applying its equal opportunities

policy statement at all stages of recruitment and selection.

Advertisements will aim to positively encourage applications from all suitably qualified

and experienced people. When advertising job vacancies, to attract applications from all

sections of the community, Amelie Distribution LTD will, as far as reasonably practicable:

• Ensure advertisements are not confined to those areas or publications which would

exclude or disproportionately reduce the numbers of applicants with a particular

protected characteristic

• Avoid setting any unnecessary provisions or criteria which would exclude a higher

proportion of applicants with a particular protected characteristic.

Where vacancies may be filled by promotion or transfer, they will be published to all eligible

employees in such a way that they do not restrict applications from employees with a

particular protected characteristic.

However, where, having regard to the nature and context of the work, having a particular

protected characteristic is an occupational requirement and that occupational

requirement is a proportionate means of achieving a legitimate aim, Amelie Distribution

LTD will apply that requirement to the job role and this may therefore be specified in the

advertisement.

The selection process will be carried out consistently for all jobs at all levels. All

applications will be processed in the same way. The staff responsible for short-listing,

interviewing and selecting candidates will be clearly informed of the selection criteria and

of the need for their consistent application. Personal specifications and job descriptions

will be limited to those requirements that are necessary for the effective performance of

the job. Wherever possible, all applicants will be interviewed by at least two interviewers

and all questions asked of the applicants will relate to the requirements of the job. The

selection of new staff will be based on the job requirements and the individual’s suitability

and ability to do, or to train for, the job in question.

If it is necessary to assess whether personal circumstances will affect the performance of

the job (for example, if the job involves unsociable hours or extensive travel), this will be

discussed objectively, without detailed questions based on assumptions about any of the

protected characteristics.

Training and promotion

Amelie Distribution LTD will provide training to all employees to help them understand

their rights and responsibilities in relation to equal opportunities and dignity at work and

what they can do to create a work environment that is free from discrimination, bullying

and harassment.

Where a promotional system is in operation, it will not be discriminatory and it will be

checked from time to time to assess how it is working in practice. When a group of workers

who predominantly have a particular protected characteristic appear to be excluded from

access to promotion, transfer and training and to other benefits, the promotional system

will be reviewed to ensure there is no unlawful discrimination.

Terms of employment, benefits, facilities

and services

All terms of employment, benefits, facilities and services will be reviewed from time to

time, in order to ensure that there is no unlawful direct or indirect discrimination because

of one or more of the protected characteristics.

Amelie Distribution LTD will have regard to its duty to make reasonable adjustments to

work provisions and practices or to physical features of work premises or to provide

auxiliary aids or services to ensure that disabled clients, employees or partners are not

placed at a substantial disadvantage in comparison with persons who are not disabled. No

costs of any such adjustments will be passed on.

Clients, suppliers and other third parties

Clients

Amelie Distribution LTD is generally free to decide whether to accept instructions from any

client, but any refusal to act will not be based upon any of the prohibited grounds referred

to above. Amelie Distribution LTD will take steps to meet the different needs of clients

arising from its obligations under anti-discrimination legislation. In addition, where

necessary and where it is permitted by the relevant anti-discrimination legislation (for

example, provisions relating to positive action or exemptions) Amelie Distribution LTD will

seek to provide services which meet the specific needs and requests arising from a

protected characteristic.

Suppliers and other third parties

All lists, if any, of approved suppliers and databases of contractors, agents and other third

parties who, or which, are regarded as suitable to be instructed by those within Amelie

Distribution LTD have been or will be compiled only on the basis of the ability of those

persons or organisations to undertake work of a particular type and do not or will not

contain discriminatory exclusion, restriction or preference.

Bullying and harassment

This policy covers bullying and harassment in the workplace and in any work-related

setting outside the workplace, for example, during business trips and at work-related

social events.

Bullying is offensive or intimidating behaviour or an abuse or misuse of power which

undermines or humiliates a person.

An employee harasses another employee if they engage in unwanted conduct related to a

protected characteristic, and the conduct has the purpose or effect of violating the other

employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive

environment for that other person.

An employee also harasses another employee if they engage in unwanted conduct of a

sexual nature, and the conduct has the purpose or effect of violating the other employee’s

dignity, or creating an intimidating, hostile, degrading, humiliating or offensive

environment for that other employee.

Finally, an employee harasses another employee if they or a third party engage in

unwanted conduct of a sexual nature or that is related to gender reassignment or sex, the

conduct has the purpose or effect of violating the other employee’s dignity, or creating an

intimidating, hostile, degrading, humiliating or offensive environment for that other

employee, and because of that other employee’s rejection of or submission to the conduct,

they treat that other employee less favourably than they would treat them if they had not

rejected, or submitted to, the conduct.

The unwanted conduct will still amount to harassment if it is based on the protected

characteristic of a third party with whom the employee is associated and not on the

employee’s own protected characteristic, or if it was directed at someone other than the

employee, or even at nobody in particular, but they witnessed it. In addition, harassment

can include cases where the unwanted conduct occurs because it is perceived that an

employee has a particular protected characteristic, when in fact they do not.

Conduct may be harassment whether or not the person intended to offend. Something

intended as a “joke” or as “office banter” may offend another person. This is because

different employees find different levels of behaviour acceptable and everyone has the

right to decide for themselves what behaviour they find acceptable to them.

Behaviour which a reasonable person would realise would be likely to offend an employee

will always constitute harassment without the need for the employee having to make it

clear that such behaviour is unacceptable, for example, touching someone in a sexual way.

With other forms of behaviour, it may not always be clear in advance that it will offend a

particular employee, for example, office banter and jokes. In these cases, the behaviour

will constitute harassment if the conduct continues after the employee has made it clear,

by words or conduct, that such behaviour is unacceptable to him or her. A single incident

can amount to harassment if it is sufficiently serious.

Examples

Bullying and harassment may be verbal, non-verbal, written or physical. Examples of

unacceptable behaviour include, but are not limited to, the following:

• Unwelcome sexual advances, requests for sexual favours, other conduct of a sexual

nature

• Subjection to obscene or other sexually suggestive or racist comments or gestures,

or other derogatory comments or gestures related to an anti-harassment protected

characteristic

• The offer of rewards for going along with sexual advances or threats for rejecting

sexual advances

• Jokes or pictures of a sexual, sexist or racial nature or which are otherwise

derogatory in relation to a protected characteristic

• Demeaning comments about an employee’s appearance

• Questions about an employee’s sex life

• The use of nicknames related to a protected characteristic whether made orally or

by e-mail

• Picking on or ridiculing an employee because of a protected characteristic

• Isolating an employee or excluding him or her from social activities or relevant workrelated

matters because of a protected characteristic

Reporting complaints

All allegations of discrimination or harassment will be dealt with seriously, confidentially

and speedily. Amelie Distribution LTD will not ignore or treat lightly grievances or

complaints of discrimination or harassment from employees.

If you wish to make a complaint of discrimination, you should use Amelie Distribution LTD’s

grievance procedure.

With cases of harassment, while Amelie Distribution LTD encourages employees who

believe they are being harassed or bullied to notify the offender (by words or by conduct)

that his or her behavior is unwelcome, Amelie Distribution LTD also recognizes that actual

or perceived power and status disparities may make such confrontation impractical. In the

event that such informal direct communication is either ineffective or impractical, or the

situation is too serious to be dealt with informally, you should follow the procedure set out

below.

If you wish to make a complaint of harassment, whether against a fellow employee or a

third party, such as a client, contractor or supplier, you should follow the following steps:

1. First, report the incident of harassment to Alexander Crepy as Amelie Distribution

LTD’s Equality and Diversity Director. Alternatively, if you prefer you may speak to

Regis Crepy.

2. Such reports should be made promptly so that investigation may proceed and any

action taken expeditiously.

3. All allegations of harassment will be taken seriously. The allegation will be promptly

investigated and, as part of the investigatory process, you will be interviewed and

asked to provide a written witness statement setting out the details of your

complaint. Confidentiality will be maintained during the investigatory process to the

extent that this is practical and appropriate in the circumstances. However, in order

to effectively investigate an allegation, Amelie Distribution LTD must be able to

determine the scope of the investigation and the individuals who should be informed

of or interviewed about the allegation. For example, the identity of the complainant

and the nature of the allegations must be revealed to the alleged harasser so that he

or she is able to fairly respond to the allegations. Anyone interviewed will have the

right to be accompanied by a fellow employee, parent or guardian, in accordance

with the Employment Relations Act 1999. Amelie Distribution LTD reserves the right

to arrange for an independent person to conduct the investigation other than the

original person with whom you raised the matter.

4. Once the investigation has been completed, you will be informed in writing of the

outcome and Amelie Distribution LTD’s conclusions and decision as soon as

possible. Amelie Distribution LTD is committed to taking appropriate action with

respect to all complaints of harassment which are upheld. If appropriate,

disciplinary proceedings will be brought against the alleged harasser.

5. You will not be penalised for raising a complaint, even if it is not upheld, unless your

complaint was both untrue and made in bad faith.

6. If your complaint is upheld and the harasser remains in Amelie Distribution LTD’s

employment, Amelie Distribution LTD will take all reasonable steps to ensure that

you do not have to continue working alongside him or her if you do not wish to do

so. Amelie Distribution LTD will discuss the options with you.

7. If your complaint is not upheld, arrangements will be made for you and the alleged

harasser to continue or resume working and to repair working relationships.

Alternatively, you may, if you wish, use Amelie Distribution LTD’s grievance procedure to

make a complaint of harassment.

Any employee who is found to have discriminated against or harassed another employee

in violation of this policy will be subject to disciplinary action under Amelie Distribution

LTD’s disciplinary procedure. Such behaviour may be treated as gross misconduct and

could render the employee liable to summary dismissal. In addition, line managers who

had knowledge that such discrimination or harassment had occurred in their departments

but who had taken no action to eliminate it will also be subject to disciplinary action under

Amelie Distribution LTD’s disciplinary procedure.

Promoting equality of opportunity and respect for

diversity

Members of Amelie Distribution LTD will be informed of this policy and will be provided

with equality and diversity training appropriate to their needs and responsibilities. All

those who act on Amelie Distribution LTD’s behalf will be informed of this equality and

diversity policy and will be expected to pay due regard to it when conducting business on

Amelie Distribution LTD’s behalf and to promote the principles of equality and diversity.

Amelie Distribution LTD will make every effort to reflect its commitment to equality and

diversity in its marketing and communication activities.

Implementing the policy

Responsibility

Ultimate responsibility for implementing the policy rests with Alexander Crepy. All

members of Amelie Distribution LTD are expected to pay due regard to the provisions of

this policy and are responsible for ensuring compliance with it when undertaking their jobs

or representing Amelie Distribution LTD. Any breach of this policy by members of Amelie

Distribution LTD will result in disciplinary action, including termination of services where

appropriate.

Grievance Procedure

1. Grievances are concerns, problems or complaints that employees raise with their

employers. If the employee has a grievance relating to their employment, the

employee may refer this either personally or in writing as the employee wishes to

the Equality and Diversity Director

2. Many grievances can be resolved informally in this way which has the advantage that

the problem can be resolved quickly

3. However if the employee is not satisfied with the decision of the Equality and

Diversity Partner the grievance must be put in writing to him

4. On receipt the employee will be invited to a meeting to discuss the grievance and

will be informed that they have the right to be accompanied by a work colleague

5. If the work colleague is not able to attend on the proposed date the employer may

suggest another date so long as it is reasonable and not more than five working days

after the original date. At the grievance meeting the employee must explain their

complaint and say how the employee thinks it should be settled. The employer may

adjourn the hearing to obtain further advice or make further investigation or to

consider his decision

6. The Equality and Diversity Director will write and notify the employee of their

decision as soon as possible after the grievance meeting

7. If the Employee is dissatisfied with the decision they may appeal the decision to the

Equality and Diversity Director and the date for the Appeal Hearing will be set.

8. An independent person will be nominated to hear the grievance

9. Again the Employee must attend and as before is entitled to be accompanied by a

fellow employee. The Equality and Diversity Director may also be in attendance for

the purpose of clarification

10. At the Appeal Hearing the Employee will have the opportunity to say why they think

that the decision of the Equality and Diversity Director is wrong

11. The independent person hearing the Appeal will write to the Employee with their

decision as soon as possible after completion of the Appeal Hearing and will notify

the Employee that the Appeal Meeting is the final stage of the Grievance Procedure.