Policy Statement on Equality & Diversity
1.0 Policy Statement
1.1 Bury Football Club is a diverse organisation that values difference and recognises that people with different backgrounds, skills, attitudes and experiences bring fresh ideas and perceptions. Bury Football Club recognises it is unlawful to discriminate directly or indirectly on the grounds of age, disability, gender, gender reassignment, pregnancy, maternity, race, sexual orientation, religion or belief, or because someone is married or in a civil partnership. These factors are defined as ‘protected characteristics’ in the Equality Act 2010, and discrimination of any of these characteristics has no place within the Club.
1.2 The Club takes great care to treat each individual as a person in their own right, with equal rights and responsibilities to any other individual, whether they are an adult or a child. We are committed to providing equality of opportunity and anti-discriminatory practice for all players, officials, staff, fans, members of the community, partners and other stakeholders according to their individual needs.
1.3 All members of staff at Bury Football Club are committed to implementing this policy and to promoting its aims within the wider communities in which we operate. Bury Football Club is committed to a programme of action to make this policy fully effective.
1.4 Ian Kendall, (Chief Executive Officer and Director for Youth) will hold overall responsibility for the co-ordination and implementation of Equality Policy development and for identifying new priorities through regular assessment reviews. Bury Football Club will assess the impact of existing policies, practices and procedures at regular intervals, to evaluate the effectiveness and success of our activities. Through regular consultation with all our partners, monitoring and review process, equality will be mainstreamed into our wider business strategy.
1.5 Bury Football Club is committed to providing each employee, potential employee, customer and service-users equality of opportunity across all areas of the club’s operation. Bury Football Club will ensure that equality practices are integral to every process and create an inclusive and positive environment for all.
2.0 Scope of Policy
2.1 The Equality and Diversity policy applies to the following groups of people:
• Job applicants and potential applicants
• Contract workers/suppliers
• Trainee workers and students on work experience or placements
3.0 Equality Commitments
3.1 We are committed to:
• Promoting equality of opportunity for all;
• Promoting a good and harmonious environment in which to work, and in which everyone is treated with respect;
• Preventing occurrences of unlawful direct discrimination, indirect discrimination, harassment and victimisation;
• Fulfilling our legal obligations under the Equality Act 2010 and associated codes of practice;
4.0 Equality and the Law
4.1 It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, gender, gender reassignment, pregnancy, maternity, race (which includes skin colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These factors are defined as ‘protected characteristics’ in the Equality Act 2010. Discrimination after the employment relationship has ended may also be unlawful, e.g. refusing to give a reference for a reason related to one of the protected characteristics.
4.2 Every possible step will be taken to ensure that individuals are treated appropriately and fairly and that objective criteria are used in: recruitment and selection, training, promotion and career management, grievance, disciplinary and capability procedures.
4.3 It is expected that members of Bury FC community will not discriminate against or harass any other member(s) of the community and/or a member of the public in the provision of services or goods.
5.0 Types of Unlawful Discrimination (as defined in the Equality Act 2010)
5.1 Different types of discrimination are explained in the Equality Act 2010 and these include:
Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have, or because they associate with someone who has a protected characteristic.
Indirect discrimination can occur when a condition, rule, policy or practice in the organisation applies to everyone but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified in terms of the action being ‘a proportionate means of achieving a legitimate aim’. A legitimate aim might be any lawful decision made in the operation of the running of the football club.
Being proportionate means being fair and reasonable, including being able to demonstrate that ‘less discriminatory’ alternatives have been considered.
Discrimination by Association
This is direct discrimination against someone because they associate with another person who possesses a protected characteristic.
This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.
Victimisation occurs when an employee is treated badly because they have made or supported a complaint, or raised a grievance under the Equality Act, or because they are suspected of doing so.
Harassment is ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.
6.0 Equal Opportunities in Employment
6.1 The Club will avoid unlawful discrimination in all aspects of employment including recruitment and selection, promotion, training, pay and benefits, discipline and selection for redundancy.
6.2 Job descriptions and person specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. Disability and personal or home commitments will not form the basis of employment decisions other than in exceptional circumstances.
6.3 The Club will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering ‘flexible working’ requests permitted by law and any other request for a variation to standard working practices. The Club will comply with its obligations in relation to statutory requests for flexible working and will decline such requests only in accordance with the statutory procedure. The Club will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.
6.4 The Club will monitor the ethnic, gender and age composition of its existing workforce, and the number of people with disabilities within these groups. The Club will consider and take any appropriate action to address any issues that may be identified as a result of the monitoring process.
6.5 The Club will not discriminate in the selection of employees for recruitment or promotion, but may use appropriate lawful methods, including lawful positive action, to address identified under-representation of any group in particular types and levels of job.
7.0 Customers, Suppliers and Other People Not Employed by the Club
7.1 The Club will not discriminate unlawfully against partners, visitors, contractors and any other identified third party using or seeking to use the facilities and services provided by the Club, and will encourage all parties to demonstrate respect for others at all times.
7.2 Employees should report any bullying or harassment by a third party to their line manager or to a colleague in whom they feel they can confide.
8.0 Implementation and Training
8.1 In order to implement this policy we will:
• Ensure job applicants, employees, players and other groups, are made aware of their responsibilities to create and maintain an environment in which respect for others is paramount and discrimination, bullying and harassment are challenged and minimised.
• Provide training in equal opportunities to managers and others likely to be involved in recruitment or other decision-making where equal opportunities issues are likely to arise.
• Provide training to all existing and new employees and others engaged to work at the Club to help them create an environment free of bullying and harassment.
9.0 Individual Responsibilities
9.1 All employees have personal responsibility for the practical application of this policy. Special Responsibility for the practical application of the policy falls upon the Board of Bury FC and senior staff involved in the recruitment, selection, promotion and training of employees.
9.2 Employees can be held personally liable as well as, or instead of, the Club for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.
9.3 Breaches of the Club’s Equality and Diversity Policy including acts of discrimination, harassment, bullying or victimisation against employees, or customers will be regarded as misconduct and will be subject to the Club's disciplinary procedures. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to summary dismissal from employment.
10.1 The Club will take any complaint seriously and will seek to resolve any grievance that it upholds. The complainant will not be penalised for raising a grievance, even if the grievance is not upheld, unless there is a genuine belief that the complaint is both untrue and made in bad faith.
11.0 Access to the Policy
11.1 This policy is available to all staff via the Club’s website.
13.0 Monitoring and Review
13.1 The Club will monitor this policy at least every two years, or more frequently if required, to judge its effectiveness and it will be updated in accordance with changes in the law.
13.2 Information provided by job applicants, employees and fans for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection Act 1998.
Version Date Policy Owner Comments Approval Route and Date Provenance Date of Next Review
1. July 2016 Ian Kendall Agreed at Board meeting
19/09/2016 Reflects the provisions of the Equality Act 2010 July 2018