Equal Opportunities Policy

(Updated 1 October 2007)

The following policy applies to employees of McGrigors LLP.  Where relevant, references within this policy to "the Firm" will relate to McGrigors LLP and to McGrigors Belfast LLP.

Policy Statement

The Firm believes that the pursuit of equal opportunity for all in the workplace is based on sound moral and business grounds. We need to employ the best people and create an atmosphere in which people can achieve their potential. One way of achieving this is to treat all employees or potential employees and clients or potential clients fairly.

The Firm operates a policy of providing equal opportunities in recruitment, training and promotion whatever the colour, race, religion or belief and/or political opinion, ethnic or national origin, sex, sexual orientation, gender, marital status, age or disability of an employee, having regard to the individual's aptitudes and abilities and the requirements of the job.  The Firm is opposed to all forms of unlawful and unfair discrimination.

The Firm is committed to the promotion of equal opportunities and to ensure that the human resources, talent and skills of all employees are maximised.  The Firm's policy is to treat all employees with respect and dignity and to ensure that decisions are taken without reference to irrelevant or discriminatory criteria.

The Firm will take every possible step to ensure that decisions on recruitment, selection, training, conditions of work, pay and benefits, promotion, career, management and every other aspect of employment are justifiable and based solely on objective criteria.

The Firm will ensure that the policy is communicated to all employees and made known to job applicants.

1 Making the Policy Work

Each employee has personal responsibility for the practical application of this policy and to ensure that the Firm achieves its equality objectives. The successful implementation of this policy depends on everyone treating each other with the respect and dignity they would rightly expect from others.

2 Equal Opportunities

2.1 Discrimination Legislation

The Firm recognises its obligations under the Sex Discrimination legislation; the Race Relations legislation; the Disability Discrimination Act; the Equal Pay legislation; the Employment Equality (Age) Regulations 2006; the Employment Equality (Sexual Orientation) Regulations and the Employment Equality (Religion and Belief) Regulations/Fair Employment and Treatment Order in Northern Ireland which impose duties on employers in their treatment of certain groups. In summary, employers may not discriminate against individuals on the grounds of sex, marital status, because a person intends to undergo, is undergoing or has undergone gender reassignment, race, disability, sexual orientation, religion or belief or political opinion.

2.2 What is discrimination?

2.2.1 direct discrimination: occurs where the individual is treated less favourably than others on the grounds of sex, marital status, race, disability, etc.  Direct discrimination may occur even when unintentional.

2.2.2 indirect discrimination: occurs where an employer applies a condition or requirement to the individual (which would apply equally to other employees) but its effect is discriminatory ie:

2.2.2.1 the proportion of the group to which the employee belongs and who can comply with the condition or requirement is smaller than the proportion of persons from all other groups who can comply;

2.2.2.2 the requirement or condition is to the person's detriment because he or she cannot comply with it; and

2.2.2.3 the employer cannot show the condition or requirement to be objectively justifiable.

2.2.3 disability discrimination: occurs where an individual is unjustifiably disadvantaged in employment/recruitment for a reason connected with their disability unless the discrimination cannot be avoided by making reasonable adjustment.

2.2.4 victimisation: occurs when the individual is treated less favourably than others because they have instituted proceedings under the anti-discrimination Acts or made allegations or complaints of discrimination or given information about such allegations or complaints.

2.3 Discrimination before employment

The recruitment process must result in the selection of the most suitable person for the job in respect of experience and qualifications.

It is against the Firm’s policy and against the law to discriminate either directly or indirectly on the grounds of race, colour, religion or belief or political opinion, disability, nationality, ethnic origin, sexual orientation, sex or marital status at any stage of the recruitment process.

Unlawful discrimination against job applicants occurs where:

• the recruitment procedures are discriminatory; or

• the terms offered (or not offered) are discriminatory; or

• the applicant is refused or deliberately not offered employment on the grounds of sex, race, disability, marital status, etc.

With regard to disability discrimination, it is also unlawful to fail to make reasonable adjustments which would enable a disabled employee to take up employment, where they would otherwise be suitable for a role.

2.4 Discrimination against employees

Unlawful discrimination against employees takes place where:

• their terms of employment are discriminatory; or

• the access given to opportunities for promotion, transfer or training, or to other facilities or services is discriminatory; or

• they are dismissed or subjected to any other detriment by way of discrimination.

2.5 Discrimination and contract workers

It is unlawful for a principal (either the worker's agency or, in certain cases, the Firm) to discriminate against a contract worker (eg. temporary or contract staff):

• in the terms on which he allows the contract worker to work

• by not allowing the contract worker to do or continue to do the work

• in the way he provides access to any benefits, facilities or services or by refusing or deliberately omitting to provide such access

• by subjecting the contract worker to any other detriment.

3 Implementing equality and diversity

The Firm states its wholehearted support for the principles and practices of equal opportunities and will actively promote equal opportunities throughout the Firm.  In support of equality and diversity in the workplace, the following activities regularly take place within the Firm:

• gender, ethnicity and disability are monitored during the recruitment process and amongst current staff so that potential problem areas may be readily identified and, where necessary, remedial action taken. All interview candidates are asked to complete an Ethnic Monitoring Form on arrival at our offices.  This data is recorded and is used periodically to check the Firm's implementation of its Equal Opportunities policy.

• the provision of opportunity between women and men will be monitored through the collection and analysis of statistical dates on the sex, marital status and family status of all full time and part time employees and job applicants.  We will also monitor our workforce composition and undertake periodic reviews as required by the fair employment legislation (Northern Ireland only).

• all staff involved in recruitment undergo training or coaching to ensure that they do not apply potentially discriminatory criteria for selection.

• The Firm's performance management process sets the timeframe during which all staff should be appraised each year.  This process is used for both partners and staff, thus helping to minimise potential discrimination.  In addition, all appraisals and corresponding documentation may be monitored by the HR team.

• The Firm provides standard benefit packages for each grade of staff, regardless of sex, sexual preference, race, ethnic origin, marital status, religion or belief or political opinion or disability.  Remuneration is determined by reference to grade, position and performance.

• The Firm has developed a range of policies designed to help parents combine work and family life.  Within these policies, the following elements are covered:

  • Maternity

  • Paternity

  • Parental Leave

  • Personal Leave

  • Flexible Working.

4 Harassment / Dignity at work

The Firm recognises the problems that sexual, racial and other forms of harassment may cause at work and is committed to ensure that such unacceptable behaviour does not take place.  All forms of harassment are abhorrent and will not be tolerated by the Firm.  Sexual, racial and sectarian harassment is regarded as unlawful discrimination and, along with other forms of harassment, are equally regarded as against the Firm’s policy and all such cases will be dealt with under the Firm’s Disciplinary Procedure.

The Firm has a separate policy on Dignity at Work.

5 Grievance and Disciplinary Procedures

The Firm can only act to prevent individuals from breaking the Firm’s policy if it knows about the conduct.  Any member of staff who believes that they have experienced direct, indirect or unfair discrimination or victimisation should either raise the matter informally with their manager or with a member of HR; or raise the matter formally through the Firm’s Grievance Procedure.  All complaints will be dealt with seriously, properly and confidentially and every effort will be made to secure a satisfactory resolution. 

Disciplinary action will be taken against any employee who is found to have committed an act in breach of this policy.  Serious breaches of this policy will be treated as gross misconduct.