Equality and Diversity

1. General

The firm is committed to the principles of equality and diversity and to observing all legislative requirements relevant to these principles.   This policy will be monitored and reviewed annually.

2. The Policy

2.1. The firm is committed to a policy of non-discrimination, non-victimisation and non-harassment in all its  professional dealings with employees, potential employees, partners, barristers, other lawyers, clients and third parties and will not discriminate, victimise or harass any person in these groups on the grounds of:

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 (including civil partnership status);

d. Religion or beliefs;

e. Age; or

f. Disability

2.2. The firm will take all steps and make all adjustments as are reasonable in all the circumstances to prevent any employee, partner or clients who are disabled from being placed at a substantial disadvantage in comparison with those who are not disabled.

2.3.  All reasonable steps will be taken to ensure that all employees receive equal pay for the same work and for the work rated as equivalent and for work of equal value.

2.4. All employees, whether part-time, full-time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training or any other benefit will be on the basis of aptitude and ability. All employees will be helped and encouraged to develop their full potential and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the firm.

2.5. The principles set out in this policy apply in the workplace and outside the workplace in a work related context such as on business trips, customer or supplier events or work related social events.

3. Requirements

All employees and partners are required to comply with this policy in all dealings with employees, partners, barristers, other lawyers, clients and third parties.  A breach of this requirement is a serious matter and may give rise to disciplinary action whether or not it also amounts to a breach of the relevant legislation.

4. Disability

4.1. The firm will take all reasonable practicable steps to ensure that disabled people, including job applicants and employees, are able to participate in all the firm’s activities fully on an equal basis with people who are not disabled.

4.2. For the purposes of this policy, disabilities are either physical or mental impairments that have a substantial and long term effect upon a person’s ability to carry out normal day-to- day activities.

4.3. If any provision, criterion or practice used by or on behalf of the firm, or any physical feature of premises occupied by the firm, puts disabled people at a substantial disadvantage compared to people who are not disabled, the firm will take reasonably practicable steps to prevent this disadvantage (make reasonable adjustments).

4.4. The firm takes an inclusive approach to ensuring that everyone has equal access to our services and takes steps to meet the different needs of particular clients and personnel arising from its obligations under the anti-discrimination legislation (particularly the Equality Act 2010) and the SRA Code of Conduct.  Reasonable adjustments might include:

a. Provision of large print correspondence and documents on request and at no additional cost;

b. Access to parking close to the office for less mobile clients/personnel;

c. Visiting the client to take instructions instead of requiring the client to come to the office, with no charge for travel time.

4.5. In addition, where necessary and where it is permitted by the relevant anti-discrimination legislation (for example, provisions relating to positive action or exemptions), the firm will seek to provide services which meet the specific needs and requests arising from clients’ ethnic or cultural background, gender, responsibilities as carers, disability, religion or belief, sexual orientation or other relevant factors.

4.6. Enquiries will be made before an interview as to whether the client has any visual, communication or mobility problems.

4.7. If a client requires a trained sign language interpreter and does not wish to use a family member or close friend, an interpreter can be found via the National Register for Communication Professionals https://www.nrcpd.org.uk/.

4.8. The firm will ensure that all reasonable measures are taken to support employees with mental or physical disabilities.  We aim to improve the levels of disclosure of disability without fear of receiving unfair treatment, leading to improvement of the health and wellbeing of our employees who have a disability.  Where required, reasonable adjustments will be considered for anyone with a long standing physical, cognitive or mental health condition, such as acquiring or modifying equipment, i.e. providing screen reading software for a visually impaired person or an adapted keyboard for someone with arthritis.

4.9. Dutton Gregory is mindful of the fact that there remains a stigma in our society around mental ill health.  The firm have appointed Mental Health First Aiders across the firm to ensure there is an open dialogue to work together in a supportive environment where confidentiality will be respected.

5. Discrimination, Victimisation and Harassment

5.1 All employees and partners are required to familiarise themselves with this policy.  In particular the following definitions apply to this policy:

a. Direct discrimination: a person is treated less favourably as a result of one of the grounds set out above.

b. Indirect discrimination: where the perhaps unintentional application of a rule that applies to everyone is that the proportion from a protected group who can qualify is considerably less than other groups or where an individual from a protected group can show that he or she cannot comply with the rule.

c. Discrimination by association: a person is treated less favourably because they associate with another person who possesses a protected characteristic.

d. Perception discrimination: a person is treated less favourably as a result of others thinking they possess a particular protected characteristic (even if the person does not actually possess that characteristic).

e. Victimisation:  where a person is treated less favourably as a result of having made a complaint of discrimination.

f. Harassment: unwanted conduct on grounds of race, gender, disability, sexual orientation and religion or belief which has the purpose of violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person, and which can be reasonably considered to have that effect.

6. Breaches of Policy

Employees have a right to pursue a complaint concerning discrimination or victimisation via the firm’s Grievance Policy.  Discrimination and victimisation will be treated as disciplinary offences and will be dealt with under the firm’s Disciplinary Policy.

7. Equality & Diversity Training

All employees and partners are required to undertake equality & diversity training on induction and at least every two years.

8. Monitoring

Dutton Gregory deems it appropriate to state its intention not to discriminate and assumes that this will be translated into practice consistently across the firm as a whole. Accordingly, a monitoring system will be introduced to measure the effectiveness of the policy and arrangements.

8.1. The system will involve the routine collection and analysis of information on employees by gender, marital status, ethnic origin, sexual orientation, and religion/beliefs. Information regarding the number of staff who declare themselves as disabled will also be maintained.

8.2. There will be regular assessments to measure the extent to which recruitment to first appointment, internal promotion and access to training/development opportunities affect equal opportunities for all groups.

8.3. We will maintain information on staff who have been involved in certain key policies: Disciplinary, Grievance and Bullying & Harassment.

8.4. The information collected for monitoring purposes will be treated as confidential and it will not be used for any other purpose.

9. Review

The Staff Partner is responsible for this policy and will:

9.1. Keep records of all reports and the outcomes of all reports made under this policy by employees, partners, barristers, other lawyers, clients or third parties.

9.2. Be responsible for ensuring this policy is implemented and updated.

9.3. Bring this policy to the attention of all employees and partners by such means including training and provision of information as appropriate.

9.4. Monitor compliance with this policy and evaluate how well this policy achieves its purpose.  They will review this policy and procedures made hereunder and make amendments to them as and when necessary.