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.