FSP is committed to the principles of equality, diversity and inclusion complying with their legal requirements in respect of job applicants, employees, clients, and suppliers.
FSP is also committed to preventing harassment, as defined below, by colleagues within the workplace and to taking reasonable steps to prevent its employees being subjected to harassment by third parties.
Equality for us means equal work opportunities and fairness for job applicants and employees (permanent and temporary). We treat all our people fairly and do not differentiate on basis of protected characteristics, Appendix A explains the protected characteristics.
We aim for our teams to represent diversity, not just people with different ages, religions, ethnicity, gender but also people with different educational backgrounds and experience.
At FSP every individual has an equal access to opportunities, resources, and training. We aim to make people feel valued at work and feel confident to raise issues and suggestions.
It is unlawful to discriminate against employees in respect of their “Protected Characteristic.” We are also committed to providing equitable treatment to all those we deal with as an organisation, including clients and suppliers.
The Equality and Human Rights Commission has published Codes of Practice on Employment, Equal Pay and Services, Public Functions and Associations. These Codes supplement the Equality Act and FSP has due regard to them. FSP complies with the Solicitors Regulation Authority’s Standards & Regulations and recognises that running our business in a way that encourages equality of opportunity, respect for diversity and inclusion is one of the 7 Principles set out in the Code. This policy takes into account FSP’s legal obligations and matters of good employment practice.
The following forms of discrimination are prohibited under this policy and are unlawful:
(a) Direct Discrimination is where a person is less favourably treated because of their actual or perceived or someone else’s (with whom they are associated) Protected Characteristics and, in the case of age only, such treatment is not justified. Examples are if someone is refused promotion on the grounds that he or she is Black or white, disabled, a woman or a man, Christian or Muslim, heterosexual or homosexual.
(b) Indirect discrimination is where a provision, criterion or practice puts someone with a particular Protected Characteristic at a disadvantage and is not a proportionate means of achieving a legitimate aim. An example is of a job description, which would make it difficult for women with young children to satisfy the criteria because of an unnecessary requirement with regard to hours of work. Other examples are restricting recruitment to areas where there are few ethnic minorities, or a requirement which is non-essential to the job description which may exclude a disabled person (such as the requirement for a driving licence for a job which is mainly office-based).
(c) Victimisation is where someone is subjected to a detriment because he or she has raised an allegation of discrimination, taken action against FSP, or has assisted another to take action against FSP not to be discriminated against or has participated in a conversation with a colleague to obtain pay information when they think they have been discriminated against where such actions were taken in good faith.
(d) Harassment is:
(i) unwanted conduct related to a Protected Characteristic which has the purpose or effect of violating an employee’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for an employee;
(ii) unwanted sexual conduct which has the purpose or effect described above;
(iii) less favourable treatment due to the submission or rejection of unwanted sexual conduct or conduct related to gender reassignment.
Examples include:
(i) unwelcome sexual attention including touching and invading personal space;
(ii) subjecting someone to insults or ridicule because of their sexual orientation;
(iii) “outing” or threatening to “out” someone as gay or lesbian (whatever their orientation);
(iv) suggesting that sexual favours may in some way further someone’s career or refusing sexual favours may damage it;
(v) lewd, suggestive, or over-familiar behaviour;
(vi) display of pornographic or sexually suggestive pictures or written material;
(vii) display of material advocating against religious beliefs or sexual lifestyles;
(viii) “making fun” of someone who wears a hearing aid;
(ix) racial name calling;
(x) sending “joke” cards which are at the expense of someone’s age; and
(xi) making sexist remarks about an employee or another individual.
Please note an employee could be harassed even if s/he is not the direct recipient of the behaviour.
Harassment can also occur when an employee is repeatedly subjected to such treatment by a client or other third party.
Employees are encouraged to bring any concerns to the attention of the HR team without delay.
(e) Disability Discrimination is slightly different to other forms of discrimination as the law attempts to level the uneven playing field caused by disabilities. It is unlawful to treat an employee less favourably because of their disability or because of something arising as a consequence of their disability. It is also unlawful to indirectly discriminate against a disabled employee. There is also a positive duty to make reasonable adjustments to prevent practices, criteria or provisions putting disabled employees at a disadvantage.
If an employee is or becomes disabled while working for FSP, they are encouraged to discuss their condition with their Team Leader or a member of the HR team so that FSP is best placed to help and support them. If they consider that FSP could help them by making adjustments to their working hours, workplace or working conditions they are encouraged to make these suggestions to their Team Leader or the HR team. In appropriate circumstances FSP will need to consult with the employee’s medical advisers and the employee in question as to how to best accommodate their needs and those of FSP.
Adjustments that can sometimes be considered by FSP may include:
Field Seymour Parkes has always sought to be supportive of its employees and this is reflected in our long-standing employees and in our staff retention rates.
The Family FSP Ethos represents the values of the partners and how we look after our people. It is also core to our business and by supporting and developing our people they are best able to support our clients.
FSP has a positive legal duty to take reasonable steps to prevent sexual harassment of its workers.
Staff share responsibility for promoting equality, diversity and inclusion and ensuring that this policy is implemented. Employees should refer to our Anti-Harassment and Bullying Policy and Sexual Harassment Policy for full details as to how to identify harassment and how any concerns should be reported.
Senor management team, partners and team leaders lead by example and champion equality, diversity, and inclusion across the firm. They are responsible for creating a culture where the different individuals feel valued and feel confident in raising any issues and suggestions.
FSP will take steps to ensure that applications are attracted from all people regardless of their Protected Characteristics. FSP will also ensure that there are equal opportunities in all stages of the recruitment process. Employees responsible for recruitment receive training in equality and diversity and guidance will be available to all employees.
Promotion within FSP is based solely on merit and without regard to Protected Characteristics.
All of FSP’s employees are treated fairly and non-discriminatorily. Terms and conditions of employment, including pay and benefits, are offered by reference to the role fulfilled by the employee. No regard is paid to Protected Characteristics when decisions regarding terms and conditions of employment are made, except where the law and/or matters of good practice permit and/or encourage FSP to provide additional assistance to employees on any of these grounds.
Fixed term employees will usually enjoy the same terms and conditions of employment and access to training, promotion, and permanent employment opportunities as permanent staff, except in circumstances where dissimilar treatment is justifiable.
Part-time employees will enjoy the same terms and conditions applied on a pro rata basis as full-time staff. Part-time staff will have access to training as required by their role. They will have the same access to promotion as full-time staff.
FSP is mainly free to decide whether to accept instructions from any particular client. However, no client will be refused our assistance on the grounds of his/her Protected Characteristics.
FSP will assist clients and potential clients as required under the Equality Act 2010. We have anticipated reasonable adjustments that may be required for prospective clients and have ground floor meeting rooms, disabled toilets, permit service dogs, and have an induction loop for the hearing impaired. We can also often alter the manner and form in which we provide our advice.
Clients and prospective clients are encouraged to inform us of any specific disability or needs that may impact on the provision of our services as soon as possible. We can then consider if there are any additional reasonable adjustments, we need to implement to overcome any substantial disadvantage identified. We will consider the following factors from the EHRC Services Code when assessing potential adjustments:
Any employee of FSP who is notified that a client or prospective client has a disability, or that they suspect may have an impairment that will impact on our services, must notify the Compliance Manager immediately.
FSP expects clients and any third parties to treat all staff at FSP with respect and not to harass them or treat them differently on the grounds of their Protected Characteristics or subject them to conduct that could constitute sexual harassment. This requirement forms part of our terms and conditions of business.
Barristers and experts will be instructed on the basis of their experience, skills, and cost. FSP will not choose to or decline to instruct any barrister or expert on the basis of his/her Protected Characteristics. If a client requests that a barrister be chosen on any of the above grounds, the fee earner with conduct of the case or the Relationship Manager (as appropriate) will explain that this is not possible (unless a lawful exemption/positive action applies) and will ensure that non-discriminatory instructions are obtained from the client.
All suppliers, agents, contractors and other third parties engaged by FSP are chosen on merit and suitability for the relevant task. Such decisions are untarnished by discrimination on any of the above grounds.
FSP provides a copy of this policy to providers to whom we have outsourced services central to the delivery of FSP’s legal activities.
Please request a copy of our Sexual Harassment Policy if you are a client or supplier for full details.
All employees are trained on this policy and how to ensure their dealings with each other, clients and third parties are consistent with FSP’s equality and diversity obligations.
Disciplinary action will always be considered and, if appropriate, undertaken in a non-discriminatory fashion based solely on the alleged misconduct, poor performance or incapacity as applicable.
In the event that an employee’s employment has to be terminated by FSP, any such termination will be non-discriminatory.
If FSP has to consider redundancies, it will ensure that any selection criteria are fair and objective and not directly or indirectly discriminatory.
This Policy will be monitored by FSP to judge its effectiveness. FSP will keep under regular review the salaries paid to all employees of FSP to ensure that there is no inadvertent discrimination in this respect. If changes are required, FSP will implement them.
For several years FSP has asked training contract applicants and current partners and employees to complete a monitoring form. The process applied complies with the SRA’s requirement to report and publish diversity data.
FSP will treat seriously and sensitively any complaint by an employee who believe they have been discriminated against or harassed due to any Protected Characteristics or been subjected to sexual harassment. If an employee has such a complaint, he/she is advised to raise it under FSP’s grievance procedure.
Anyone raising an allegation of discrimination in good faith will not be victimised or subject to any form of detriment. False allegations, however, or those made in bad faith will be treated as a disciplinary matter under the Disciplinary Policy and may result in disciplinary action up to summary dismissal.
The HR team maintain a central register of all informal or formal complaints of harassment or discrimination. Annual inclusion surveys and exit interview questionnaires also help us monitor potential risk areas and ensure our policies are appropriate.
All partners and employees must comply with this policy. FSP will treat breaches of this policy as gross misconduct. Any such breaches are likely to result in action under the disciplinary procedure up to and including summary dismissal being taken. Employees should be aware that claims may be made against them personally as well as against FSP for breach of this policy. Compensation may be payable in such circumstances by the employee in question as well as by FSP.
If a client or third party breaches the terms of this policy in its treatment of our staff, we will consider what action is appropriate. This may include ceasing to act for a client with immediate effect and reporting third parties to their employer.
The Equality and Diversity Officer has responsibility for this policy and will review it at least annually.
A copy of the policy is available on FSP’s Intranet and website. Updates to this policy are notified to all partners and employees via email.
Reference is made to the policy in FSP’s Terms of Business which is sent out to clients.
As indicated above, a copy of this policy is provided to service providers to whom we have outsourced services such as digital dictation and cleaning.
Under the Equality Act 2010, the protected characteristics are:
Age
A person belonging to a particular age (for example 32-year-olds) or range of ages (for example 18- to 30-year-olds).
Disability
A person has a disability if she or he has a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
Gender reassignment
Where a person undergoes, or proposes to undergo, a process for the purpose of reassigning their sex.
Marriage and civil partnership
Marriage is a union between a man and a woman or between a same-sex couple.
Same-sex couples can also have their relationships legally recognised as ‘civil partnerships’. Civil partners must not be treated less favourably than married couples (except where permitted by the Equality Act).
Pregnancy and maternity
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.
Race
A race is a group of people defined by their colour, nationality (including citizenship) ethnicity or national origins. A racial group can be made up of more than one distinct racial group, such as Black British.
Religion or belief
Religion refers to any religion, including a lack of religion. Belief refers to any religious or philosophical belief and includes a lack of belief. Generally, a belief should affect your life choices or the way you live for it to be included in the definition.
Sex
A man or a woman.
Sexual Orientation
Whether a person’s sexual attraction is towards their own sex, the opposite sex or to both sexes.