Anti Discrimination

Policy

Anti-Discrimination 

Norfolk Paddle Boards ltd prohibits discrimination towards any group or individuals in any form, inclusive of: 

  • Gender 
  • Pregnancy 
  • Race, colour, nationality, ethnic or ethno-religious background 
  • Marital status 
  • Physical or intellectual or psychiatric disability, or any organism capable of causing disease 
  • Homosexuality (male or female, actual or presumed) 
  • Age 

Discrimination means treating someone unfairly / wrongly in designated areas. 

Anti-discrimination legislation lists designated areas where discrimination is unlawful. 

Depending on the region and country, the legislation could include discrimination against: 

  • Sex 
  • Pregnancy 
  • Breastfeeding 
  • Race 
  • Age 
  • Marital status 
  • Homosexual /lesbian 
  • Disability 
  • Transgender (transsexual) 
  • Carers responsibilities 
  • Parental 
  • Discrimination because of who you are related to, or who you associate with 
  • Industrial activity 
  • Physical features 
  • Political belief 
  • Political activity 
  • Religion (belief) 
  • Religious activity 
  • Irrelevant criminal record 
  • Irrelevant medical record 
  • Lawful sexual activity

The discrimination may only apply in certain areas of public life. These may include: 

  • Employment 
  • Goods and services 
  • Accommodation 
  • State education 

They could also include the following areas of public life: 

  • Sport activities / competitions 
  • Club and members (registered clubs) 
  • Buying / selling / transferring land 
  • Advertising 
  • Conferral of qualifications 
  • Administration of laws 
  • Registered clubs (sell liquor, have gambling machines) 
  • Private education colleges 

Indirect discrimination 

Discrimination can also be indirect. This is where a non offending rule or regulation can exclude people because of particular attributes. e.g. only people 180 cm tall can apply for the position. (this would probably exclude many females) 

Norfolk Paddle Boards ltd abides by all anti-discrimination legislation and the relevant legislation. 

All staff sign the Staff Declaration form, prior to commencing employment, that they are aware of, and undertake to comply with, the Anti-Discrimination legislative and regulatory requirements. 

Workplace Harassment, Victimisation and Vilification 

Anti-discrimination legislation generally includes harassment, victimisation and vilification legislation. 

Harassment, victimisation or vilification only applies to acts of discrimination that is unlawful according to the relevant anti-discrimination legislation. 

Harassment1 is defined as any form of behaviour that: 

  • you do not want 
  • offends, humiliates or intimidates you, and 
  • targets you because of the particular act of discrimination. 

Victimisation1 is where you are hassled or victimised or treated unfairly because: 

  • you have complained to your employer or another person about discrimination or harassment 
  • you have complained to the Anti-Discrimination Board, or 
  • you have supported someone with a discrimination or harassment complaint, or acted as a witness in a discrimination or harassment case. 

Vilification1 is generally any act: 

  • that happens publicly as opposed to privately, and 
  • that could incite (encourage, urge or stir up) others to hate, have serious contempt for, or have severe ridicule you, or a group of people, because of your race (racial hatred), nationality, descent, ethnic or ethno-religious background, homosexuality (lesbian or gay), HIV or AIDS status or transgender identity. This includes vilification because you are thought to be lesbian, gay, living with HIV or AIDS or transgender. 

Norfolk Paddle Boards ltd abides by legislation in relation to harassment, victimisation and vilification. 

All staff sign the Staff Declaration form, prior to commencing employment, that they are aware of, and undertake to comply with, the Workplace Harassment, Victimisation and Vilification legislative and regulatory requirements. 

Sexual Harassment 

In United Kingdom, sexual harassment is against the law. It is a legally recognised form of sex discrimination and generally comes under Anti-discrimination legislation. 

Norfolk Paddle Boards ltd is committed to ensuring that the working environment is free from sexual harassment. Any acts of sexual harassment, to staff and clients, will not be tolerated and disciplinary action will be taken including reporting the offence to the relevant authorities. 

Norfolk Paddle Boards ltd aims to: 

  • create a working environment which is free from sexual harassment and where all staff and clients are treated with dignity, courtesy and respect 
  • provide an effective procedure for complaints 
  • treat all complaints in a sensitive, fair, timely and confidential manner 
  • guarantee protection from any victimisation or reprisals 
  • encourage the reporting of behaviour which breaches the sexual harassment policy 
  • promote appropriate standards of conduct at all times 

Sexual harassment is: 

“any unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour which creates a sexually hostile working environment” 

Examples of sexual harassment include: 

uninvited touching 

  • uninvited kisses or embraces 
  • smutty jokes or comments 
  • making promises or threats in return for sexual favours 
  • displays of sexually graphic material including posters, pinups, cartoons, graffiti or messages left on notice boards, desks or common areas 
  • repeated invitations to go out after prior refusal 
  • “flashing” or sexual gestures 
  • sex-based insults, taunts, teasing or name-calling 
  • staring or leering at a person or at parts of their body 
  • unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them 
  • touching or fiddling with a person’s clothing including lifting up skirts or shirts, flicking bra straps, or putting hands in a person’s pocket 
  • requests for sex 
  • sexually explicit conversation 
  • persistent questions or insinuations about a person’s private life 
  • offensive phone calls or letters 
  • stalking 
  • offensive e-mail messages or computer screen savers 

Sexual harassment is not behaviour which is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment. 

One legal test for sexual harassment, has three essential elements: 

  1.  the behaviour must be unwelcome; 
  2.  it must be of a sexual nature; 
  3.  it must be such that a reasonable person would anticipate in the circumstances that the person who was harassed would be offended, humiliated and/or intimidated. 

Whether the behaviour is unwelcome is a subjective test: that is, how the conduct in question was perceived and experienced by the recipient rather than the intention behind it. 

Whether the behaviour was offensive, humiliating or intimidating is an objective test: that is, whether a reasonable person would have anticipated that the behaviour would have this effect. 

The unwelcome behaviour need not be repeated or continuous. A single incident can amount to sexual harassment. 

A complaint of sexual harassment will not necessarily be dismissed because the person subjected to the behaviour did not directly inform the harasser that it was unwelcome. However, there does need to be some indication from the person’s conduct or the surrounding circumstances that the behaviour was in fact unwelcome. 

Because sexual harassment is against the law, offenders expose themselves and Norfolk Paddle Boards ltd to potential liability and fines/penalties. 

Managers and supervisors have a responsibility to: 

  • monitor the working environment to ensure that acceptable standards of conduct are observed at all times 
  • model appropriate behaviour themselves 
  • promote the organisation’s sexual harassment policy within their work area 

All staff have a responsibility to: 

  • comply with the organisation’s sexual harassment policy 
  • offer support to anyone who is being harassed and let them know where they can get help and advice (they should not, however, approach the harasser themselves) 
  • maintain complete confidentiality if they provide information during the investigation of a complaint. Spreading gossip or rumours may expose staff to a defamation action. 

 Should a staff member or client be sexually harassed by another staff member, they can: 

  • confront the harasser directly (but only if the individual feels confident enough to do so) 
  • make a formal complaint to Norfolk Paddle Boards ltd Owner or Instructor Protection Officer 
  • Contact the police 999 and a formal incident form will be written and WSA or SG will be notified 

All reports are confidential and free from victimisation and vilification. 

All staff sign the Staff Declaration form, prior to commencing employment, that they are aware of, and undertake to comply with, the Sexual Harassment legislative and regulatory requirements.