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Privacy Policy

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the EU General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our:

  • Whitefield Law

Personal data:

  • Any information relating to an identified or identifiable individual

Special category personal data:

  • Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
  • Genetic data
  • Biometric data (where used for identification purposes)
  • Data concerning health, sex life or sexual orientation

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of providing legal services This may include special category personal data.

Personal data we will collect:

  • Your name, address and telephone number
  • Information to enable us to check and verify your identity, eg your date of birth or passport details
  • Electronic contact details, eg your email address and mobile phone number
  • Information relating to the matter in which you are seeking our advice or representation
  • Information to enable us to undertake a credit or other financial checks on you
  •  Information about your use of our IT, communication and other systems, and other monitoring information, eg if using our secure online client portal

Personal data we may collect depending on why you have instructed us:

  • Your National Insurance and tax details
  • Your bank and/or building society details
  • Details of your professional online presence, eg LinkedIn profile
  • Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will
  • Details of your pension arrangements, eg if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship

This personal data is required to enable us to provide legal services. If you do not provide personal data we ask for, it may delay or prevent us from providing those services.

For information on why we use this personal data, see below: ‘How and why we use personal data’ and ‘How and why we use special category personal data’.

How your personal data is collected

We collect most of this information from you. However, we may also collect information:

from publicly accessible sources, eg Companies House or HM Land Registry;

  • directly from a third party, eg:
    • sanctions screening providers;
    • credit reference agencies;
    • client due diligence providers;
  • from a third party with your consent, eg:
    • your bank or building society, another financial institution or advisor;
    • consultants and other professionals we may engage in relation to your matter;
    • your employer and/or trade union, professional body or pension administrators;
    • your doctors, medical and occupational health professionals;
  • via our website—we use cookies on our website (for more information on cookies, please see our link www.whitefieldlaw.co.uk cookie policy)
  • via our information technology (IT) systems, eg:
    • case management, document management and time recording systems;

How and why we use personal data

Under data protection law, we can only use personal data if we have a proper reason for doing so, eg:

  • to comply with our legal and regulatory obligations;
  • for the performance of our contract with you or to take steps at your request before entering into a contract;
  • for our legitimate interests or those of a third party; or
  • where you have given consent.

A legitimate interest is when we have a business or commercial reason to use personal data, so long as this is not overridden by your own rights and interests.

The table below explains how we use personal data and our reasons for doing so:

What we use personal data for:

  1. To provide legal services to our clients
  2. Conducting checks to identify our clients and verify their identity
    • Screening for financial and other sanctions or embargoes
    • Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator
  3. Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies
  4. Ensuring business policies are adhered to, eg policies covering security and internet use
  5. Operational reasons, such as improving efficiency, training and quality control
  6. Ensuring the confidentiality of commercially sensitive information
  7. Statistical analysis to help us manage our practice, eg in relation to [insert example, eg our financial performance, client base, work type or other efficiency measures]
  8. Preventing unauthorised access and modifications to systems
  9. Updating client records
  10. Statutory returns
  11. Ensuring safe working practices, staff administration and assessments
  12. Marketing our services and those of selected third parties to:-
    • existing and former clients;
    • third parties who have previously expressed an interest in our services;
    • third parties with whom we have had no previous dealings.
  13. External audits and quality checks, eg for Lexcel, SRA, STEP and the audit of our accounts

Our reasons:

  1. For the performance of our contract with our client or to take steps at our client’s request before entering into a contract
  2. To comply with our legal and regulatory obligations
  3. To comply with our legal and regulatory obligations
  4. For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you
  5. For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price
  6. For our legitimate interests or those of a third party, ie to protect our intellectual property and other commercially valuable information. To comply with our legal and regulatory obligations
  7. For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price
  8. For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for youTo comply with our legal and regulatory obligations
  9. For the performance of our contract with you or to take steps at your request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our clients about existing and new services
  10. To comply with our legal and regulatory obligations
  11. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
  12. For our legitimate interests or those of a third party, ie to promote our business to existing and former clients
  13. For our legitimate interests or those of a third party, ie to maintain our accreditations so we can demonstrate we operate at the highest standards. To comply with our legal and regulatory obligations

How and why we use special category personal data

Under data protection law, we can only use special category personal data where:

  • we have a proper reason for doing so (see above: How and why we use personal data), AND
  • one of the ‘grounds’ for using special category personal data applies

There are ten potential grounds for using special category personal data under data protection law. Generally, where we use special category personal data, we will do so on the ground that this is necessary for establishing, exercising or defending legal claims. This includes using special category personal data, where necessary, for:

  • actual or prospective court proceedings;
  • obtaining legal advice; or
  • establishing, exercising or defending legal rights in any other way.

Where this does not apply, we will seek explicit consent to process special category personal data.

Promotional communications

We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services.

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside Whitefield Law for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

  • contacting us by [insert contact details for marketing opt-out]
  • using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

We routinely share personal data with:

  • professional advisers who we instruct on your behalf or refer you to, eg barristers, medical professionals, accountants, tax advisors or other experts;
  • other third parties where necessary to carry out your instructions, eg your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
  • credit reference agencies;
  • our insurers and brokers;
  • external auditors, eg in relation to Lexcel accreditation and the audit of our accounts;
  • our bank;
  • external service suppliers, representatives and agents that we use to make our business more efficient, eg typing services, marketing agencies, document collation or analysis suppliers;

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal data with any other third party.

Where your personal data is held

Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the UK and EEA’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

  • to respond to any questions, complaints or claims made by you or on your behalf;
  • to show that we treated you fairly;
  • to keep records required by law

We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data.

When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Transferring your personal data out of the UK and EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the UK or European Economic Area (EEA), eg:

  • with our associated professional colleagues outside the UK/EEA;
  • with your and our service providers located outside the UK/EEA;
  • if you are based outside the UK/EEA;
  • where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under European and UK data protection law.

Non-UK/EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.

If you would like further information please contact [us OR [insert details], our Data Protection Officer (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

Access:

  • The right to be provided with a copy of your personal data

Rectification:

  • The right to require us to correct any mistakes in your personal data

To be forgotten:

  • The right to require us to delete your personal data—in certain situations

Restriction of processing:

  • The right to require us to restrict processing of your personal data—in certain circumstances, eg if you contest the accuracy of the data

Data portability:

  • The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

To object:

  • The right to object:
    • at any time to your personal data being processed for direct marketing (including profiling);
    • in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests.

Not to be subject to automated individual decision making:

  • The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

How to complain

We hope that we OR our Data Protection Officer can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: [0303 123 1113].

Changes to this privacy policy

This privacy policy was published on1 May 2020.

We may change this privacy policy from time to time, when we do we will inform you via [insert mechanism for informing the data subject of changes to the policy].

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Our contact details:

e: bnaidu@whitefieldlaw.co.uk

t: 01223 607413

Our Data Protection Officer’s contact details:

Bavani Naidu

Information & Security Policy

1. Introduction

1.1 We are committed to the highest standards of document and information management and security and treat confidentiality and data security extremely seriously.

1.2 The purpose of this policy is to:

1.2.1 protect against potential breaches of confidentiality and failures of integrity or availability of information;

1.2.2 ensure our information assets and IT facilities are protected against damage, loss or misuse;

1.2.3 support our Data protection policy in ensuring all staff are aware of and comply with applicable law and our own procedures applying to the processing of personal data;

1.2.4 increase awareness and understanding in the firm of the requirements for information security and the responsibility of staff to protect information they handle.

2. Roles and responsibilities

2.1 Information security concerns all staff. However, the board has overall responsibility for information management and security issues in the firm, including:

2.1.1 monitoring and implementing this policy;

2.1.2 monitoring potential and actual security breaches;

2.1.3 ensuring staff are aware of their responsibilities;

2.1.4 ensuring compliance with the requirements of the General Data Protection Regulation (GDPR) and other relevant legislation and guidance.

2.2 Every member of staff is responsible for ensuring information held is accurate and kept confidential and that the terms of this policy are adhered to.

2.3 The head of IT will review security event logs and error logs on a monthly basis and is responsible for downloading and installing any necessary software, security patches or system updates.

2.4 The board will review this policy at least annually to ensure it remains fit for purpose and compliant with the applicable legislation.

3. Scope

3.1 The information covered by this policy includes all written, spoken and electronic information held, used or transmitted by or on behalf of the firm, in whatever media (firm information). This includes information held on computer systems, hand-held devices, phones, paper records, and information transmitted orally.

3.2 This policy applies to all staff, including employees, temporary and agency workers, other contractors, interns, volunteers and apprentices.

3.3 The firm information covered by this policy may include:

3.3.1 personal data relating to staff, clients, suppliers (personal data); and

3.3.2 trade secrets or other confidential information that is processed by the firm (confidential information).

3.4 This policy supplements the Company’s privacy policy and other policies and privacy notices relating to internet, email and communications and social media

3.5 We will review and update this policy regularly in accordance with our data protection and other obligations. It does not form part of any employee’s contract of employment and we may amend, update or supplement it from time to time. We will circulate any new or modified policy when it is adopted.

4. General principles

4.1 All firm information must be treated as commercially valuable and protected from loss, theft, misuse or inappropriate access or disclosure.

4.2 Personal data, and special categories of personal data, must be protected against unauthorised and/or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures.

4.3 Staff should discuss with line managers the security arrangements which are appropriate and in place for the type of information they access in the course of their work.

4.4 Staff should ensure they attend any information security training they are invited to unless otherwise agreed by line managers.

4.5 Firm information is owned by the firm and not by any individual or team.

4.6 Firm information must be used only in connection with work being carried out for the firm and not for other commercial or personal purposes.

4.7 Personal data must be used only for the specified, explicit and legitimate purposes for which it is collected.

5. Legal responsibilities

5.1 The SRA requires us to keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents.

5.2 The GDPR requires that:

5.2.1 we only process personal data lawfully, fairly and in a transparent way

5.2.2 we ensure there is appropriate security in place for that personal data and we protect it against unauthorised or unlawful use and against accidental loss, destruction or damage

5.2.3 we use it only for legitimate purposes

5.2.4 any data collected, used and stored by the firm is:

(a) adequate, relevant and limited to what is necessary for the relevant purposes;

(b) kept accurate and up to date;

(c) kept secure (see paragraph 5.2.5 below); and

(d) kept and confidentially destroyed in accordance with the firm’s records retention policy.

5.2.5 The firm will take appropriate technical and organisational measures to ensure personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage, including:

(a) pseudonymisation of personal data;

(b) encryption of personal data

5.2.6 Personal data and confidential information will be kept for no longer than is necessary and stored and destroyed in accordance with the Company’s records retention policy.

6. Our procedures

6.1 Information management

6.1.1 Keeping accurate and up-to-date records is an integral part of all business activities.

6.1.2 Complete and accurate records must be securely stored in the appropriate locations and be easily identifiable and accessible to those who need to see them (see our separate Records management policy). This means:

(a) files must be kept in accordance with our normal file management protocols and must be kept organised and up-to-date

(b) substantive matter related emails must be saved on file and must not be stored solely in personal mailboxes

(c) paper and/or electronic files must not be removed from the office except as permitted under this policy

6.1.3 Information will be held only as long as is required, and disposed of in accordance with our Records management policy.

6.1.4 All staff must ensure that any information and data gathered is accurate and, where appropriate, kept up-to-date. Client information must be kept on clearly identifiable client files and references using both the client’s name and our file referencing system.

6.2 Human resources information

6.2.1 Given the internal confidentiality and sensitivity of personnel files, access to such information is limited to the practice manager and the Directors. Except as provided in individual roles, no other staff are authorised to access that information.

6.2.2 Any staff member in a management or supervisory role must keep personnel information confidential.

6.2.3 Subject to the provisions of the GDPR and associated legislation and codes of conduct, staff may ask to see their personnel files at any time. See our separate Data protection policy.

6.3 Access to offices and files

6.3.1 At the end of each day, or when desks are unoccupied, all files, backup systems and devices containing confidential information must be securely locked away.

6.3.2 All office access doors must be kept secure at all times and clients and visitors must not be given keys or pass-codes.

6.3.3 Clients should be seen in interview rooms. If it becomes necessary for you to see clients in your own or another office then no client files or other client information should be visible.

6.3.4 Clients and visitors should never be left alone in areas where they could have access to confidential information.

6.4 Computers and IT

6.4.1 Computers must be password protected and those passwords must be changed on a regular basis (at least every [x] months). Passwords should not be written down or given to others.

6.4.2 Computers and other devices should be locked when not in use to minimise the risk of accidental data loss or disclosure.

The use of memory sticks and other removable media is prohibited. No confidential information is to be copied onto floppy disk, removable hard drive, CD or DVD or memory stick/thumb drive without the express permission of the COLP OR risk and IT manager and even then it must be encrypted.

6.4.3 Data copied to any of these devices should be deleted as soon as possible and stored on our computer network in order for it to be backed up.

6.5 Backup of data

6.5.1 All electronic data must be securely backed up at the end of each working day. This is the responsibility of Head of IT.

6.5.2 Backup media must be encrypted.

6.5.3 A recording mechanism is in place and maintained by the Head of IT to record all backup information including any failures or other issues.

6.6 Communication and transfer

6.6.1 Confidential information must not be removed from our offices without permission from the COLP except where that removal is temporary and necessary (eg for attendance at court, client meetings or a conference with counsel).

6.6.2 In such circumstances all reasonable steps must be taken to ensure that the integrity of the information and confidentiality are maintained. You must not:

(a) transport files in see-through or other un-secured bags or cases

(b) read files in public places (waiting rooms, cafes, trains, etc)

(c) leave files unattended or in any place where they are at risk (eg in conference rooms, car boots, cafes, etc)

The same principles apply to files stored on a laptop, tablet or other electronic media.

6.6.3 Postal, document exchange (DX), fax and email addresses and numbers should be checked and verified before information is sent. Particular care should be taken with email addresses where auto-complete features may have inserted incorrect addresses.

6.6.4 All sensitive or particularly confidential information should be encrypted before being sent by email, or be sent by tracked DX or recorded delivery.

6.6.5 Sensitive or particularly confidential information should not be sent by fax unless you can be sure that it will not be inappropriately intercepted at the recipient fax machine.

6.7 Personal email and cloud storage accounts

6.7.1 Personal email accounts, such as Yahoo, Google, iCloud or Hotmail and cloud storage services, such as Dropbox, iCloud and OneDrive are vulnerable to hacking. They do not provide the same level of security as the services provided by our own IT systems.

6.7.2 Do not use a personal email account or cloud storage account for work purposes.

6.7.3 If you need to transfer a large amount of data, contact Bavani Naidu or IT department for help.

6.8 Home working

6.8.1 No confidential or other information should be taken to your home without the permission of the COLP and only then if they are satisfied that you have appropriate technical and practical measures in place to maintain the continued security and confidentiality of that information.

6.8.2 No confidential information is to be stored on your home computer (PC, laptop or tablet).

6.8.3 Files and confidential information must be kept in a secure and locked environment where they cannot be accessed by family members or visitors.

7. Cybercrime prevention and management

7.1 All staff are required to be aware of and comply with our Cybercrime prevention strategy and incident management plan, which incorporates our:

7.1.1 Password policy;

8. IT system management and development

8.1 Our IT systems are managed by suitably trained staff who are responsible for overseeing day-to-day operation and to ensure continued security and integrity.

8.2 The IT manager is responsible for ensuring we have procedures for the secure configuration of network devices. These will vary from time to time but are likely to include:

8.2.1 ensuring all network devices have up to date fire walls;

8.2.2 encryption of hard drives;

8.2.3 ensuring all devices are password protected/alarmed;

8.3 The IT manager is responsible for the management of user accounts and will implement procedures to ensure:

8.3.1 appropriate permissions are set for different types of user accounts, eg administration, standard or guest;

8.3.2 all members of staff have the correct type of user account;

8.3.3 users run with a minimal set of permissions whenever possible;

8.3.4 user accounts are suspended or deleted promptly where required, eg if a member of staff leaves the firm;

8.4 Access controls will be maintained at appropriate levels for all systems by ongoing and proactive management. Any changes to permissions must be approved by the IT manager.

8.5 New IT systems, or upgrades to existing systems, must be authorised by the IT manager and the authorisation process must take account of security requirements. The information assets associated with any proposed new or updated systems must be identified and a risk assessment undertaken.

8.6 Any new equipment must have appropriate levels of resilience and fault tolerance and must be correctly maintained.

8.7 Software and applications must be managed to ensure their smooth day-to-day running and to preserve data security and integrity. The purchase or installation of new or upgraded software must be planned and managed and any information security risks must be mitigated. Specifications for new software or upgrades of existing software must specify the required information security controls.

9. Business continuity

9.1 Please see the firm’s Business continuity plan. That plan has been designed to ensure continued data security and to maintain confidentiality.

10. Reporting breaches

10.1 All members of staff have an obligation to report actual or potential information security breaches.

11. Training

11.1 All staff will receive training on this policy. New joiners will receive training as part of the induction process. Further training will be provided at least every two years or whenever there is a substantial change in the law or our policy and procedure.

11.2 Training is provided online AND/OR through seminars AND/OR via another training medium.

11.3 Completion of training is compulsory.

11.4 The board will continually monitor training needs but if you feel that you need further training on any aspect of the relevant law or our Information management and security policy or procedures, please contact the COLP

12. Monitoring

12.1 Everyone must observe this policy. The board has overall responsibility for this policy. They will monitor it regularly to make sure it is being adhered to.

13. Consequences of failing to comply

13.1 We take compliance with this policy very seriously.

13.2 Failure to comply puts both you and the firm at risk.

13.3 The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures, which may result in dismissal.

13.4 If you have any questions or concerns about anything in this policy, do not hesitate to contact the board.

Equality & Diversity Policy

1. Policy statement

1.1 The Company is fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating unlawful and unfair discrimination. The Company aims to create a culture that encourages and values diversity, and that appoints, rewards and promotes staff based on merit.

1.2 The Company will not unlawfully discriminate against any employee, worker or job applicant because of any ‘protected characteristic’, namely:

1.2.1 age;

1.2.2 disability;

1.2.3 gender reassignment;

1.2.4 marriage or civil partnership status;

1.2.5 pregnancy and maternity;

1.2.6 race (including colour, nationality and ethnic or national origin);

1.2.7 religion or belief;

1.2.8 sex; or

1.2.9 sexual orientation.

1.3 Equally, the Company will not treat any employee, worker or job applicant less favourably because:

1.3.1 they work part-time or on a fixed-term basis;

OR

1.3.2 of their socio-economic background;

OR

1.3.3 they have caring responsibilities.

2. Introduction

2.1 The statement in paragraph 1 sets out our commitment to ensuring that all staff and job applicants have equal opportunities. The remainder of this document sets out our policy on equality and diversity, in particular:

2.1.1 what we regard as acceptable behaviour at work, and what is not acceptable;

2.1.2 the rights and responsibilities of those to whom the policy applies;

2.1.3 the procedure for dealing with concerns or complaints;

2.1.4 how we will deal with any breach of this policy;

2.1.5 who is responsible for the policy; and

2.1.6 how it will be implemented, monitored and reviewed.

2.2 This policy applies to employees, temporary and agency workers, interns, volunteers, apprentices and job applicants. All staff are responsible for ensuring that there is no discrimination in the workplace, as outlined in the policy statement set out at paragraph 1, and for ensuring that this policy is applied on a day-to-day basis. They are also expected to apply the principles of equal opportunities and non-discrimination in their interactions with clients, business partners and visitors. In certain circumstances, an employee can be personally liable for discrimination against a fellow employee or a job applicant. For information on particular responsibilities, see paragraphs 3.6 and 3.7 below.

2.3 We will ensure that all staff are provided with regular training on this policy and are provided with training on how to manage equality and diversity issues in the workplace. Other staff may also be required to attend equality and diversity training, attendance at which will be compulsory.

2.4 This policy does not form part of your contract of employment and we may amend, update or supplement it from time to time. We will circulate any new or modified policy to staff  when it is adopted.

3. Equality principles and implementation

3.1 As set out in the policy statement, there should be no discrimination because of any of the protected characteristics set out in the policy statement in paragraph 1 above. The types of discrimination that are prohibited are explained at paragraph 3.2 below.

3.2 Discrimination may occur in the following forms:

3.2.1 direct discrimination— this is treating someone less favourably (or, in the case of pregnancy and maternity, unfavourably) because of a protected characteristic. An example of this would be paying someone less because of their sex or because they belong to a particular racial group. ‘Because of’ is very wide and will cover behaviour that takes place, for example because of sexual orientation, even if the person is not in fact gay, and even if the perpetrator knows that they are not gay. It also includes less favourable treatment because someone is associated with another person who has a protected characteristic, eg because a worker is the primary carer for a disabled child. Such treatment is unlawful unless, in relation to age only, it can be objectively justified, ie the employer can show that it is a proportionate means of achieving a legitimate aim;

3.2.2 indirect discrimination—this is treating a group of people in the same way, but in a way which adversely affects those with a protected characteristic. An example of this would be telling all employees that they have to work late at night—although applied to everyone, it will adversely affect those employees with childcare responsibilities and these tend to be women. Such treatment is unlawful unless it can be objectively justified;

3.2.3 victimisation— this is treating someone less favourably because they have alleged discrimination or asserted their right not to be discriminated against because of a protected characteristic. An example of this would be an employee claiming that they had been discriminated against, who is then refused a reference by their manager because of that claim;

3.2.4 harassment— this is unwanted conduct, related to a protected characteristic, which has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for someone or violating their dignity. Harassment may also be of a sexual nature. It may also occur where someone harasses the victim, the victim either rejects or submits to the harassment and, because of that rejection or submission, that person then treats the victim less favourably.

3.2.5  In the case of disability only, discrimination arising from disability—this is unfavourable treatment of the disabled person because of something arising in consequence of their disability. Such treatment is unlawful unless it can be objectively justified;

3.2.6 In the case of disability only, the duty to make reasonable adjustments—this duty comprises three requirements, each of which arises where a disabled person at a substantial disadvantage in relation to a ‘relevant matter’:

(a) the first is a requirement, where a provision, criterion or practice puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage;

(b) the second is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage; and

(c) the third is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

3.3 We will appoint, train, develop, reward and promote on the basis of merit and ability.

3.4 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.

3.5 Stephen Peak will be responsible for this policy, its implementation, monitoring and review.

3.6 If you have any doubt or concern about this policy, or how it should be applied in any particular instance or situation, please contact Toni Munro from the HR department as soon as possible.

3.7 If you believe you have been unfairly treated in breach of this policy, you should follow our Grievance Procedure, which is available from the HR department. Employees will not be victimised in any way for making such a complaint in good faith. Complaints of this nature will be dealt with seriously, in confidence and as soon as possible.

3.8 We will not tolerate behaviour that goes against this policy, and where an employee is alleged to have breached this policy, they will be subject to our disciplinary procedure. Disciplinary action will be taken against any employee who is found to have breached this policy. Serious breaches of this policy, acts of unlawful discrimination and serious incidents of harassment and bullying will be treated as gross misconduct. Unwarranted allegations that are not made in good faith may also be considered as a disciplinary matter.