Equality, Diversity, and Inclusion Policy

1. Policy Objectives

A. Living Better is fully committed to the principles of equality of opportunity and is responsible for ensuring that no job applicants, employees, workers, office holders, volunteers, participants, or members (together “Stakeholders”) are unlawfully discriminated against because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation (together the “Protected Characteristics”).

B. Living Better seeks to select, promote, appraise, and treat all employees according to their relevant aptitude, skills and abilities. All employees shall be given equal access to training and development and career opportunities. Furthermore, all differences in terms and conditions of employment and related benefits shall be justified on legitimate business grounds only.

C. In addition, Living Better recognises that we live in a diverse society and will endeavour to ensure that all Stakeholders are given the same opportunities regardless of their socio-economic backgrounds.

D. Living Better encourages partner organisations, including member clubs, affiliated associations, suppliers, sponsors, and customers, to adopt and demonstrate their commitment to the principles and practice of equality as set out in this EDI policy.

2. Purpose of the Policy

A. Living Better recognises that individuals (and/or certain groups in our society who share one or more Protected Characteristics) may not have been able to participate equally and fully in the sports related activities in the past. In some instances, this may have been as a result of unlawful discrimination.

B. This policy has been produced to try to prevent and address any unlawful discrimination or other unfair treatment, whether intentional or unintentional, direct or indirect, against Stakeholders that may preclude them from participating fully in sports related activities.

3. Legal Requirements

A. Living Better is required by law not to unlawfully discriminate against its Stakeholders and recognises its legal obligations under, and will abide by the requirements of, the Equality Act 2010, and any equivalent legislation (as amended) in any jurisdiction, and any later amendments to such legislation or subsequent equality related legislation that may be relevant to Living Better.

B. Living Better will seek advice each time this policy is reviewed to ensure it continues to reflect the current legal framework and good practice.

Managers have a responsibility to:

• Not discriminate in the course of employment against employees, applicants or temporary workers
• Not induce others to practice unlawful discrimination
• Discipline any employee for failure to adhere to the policy
• Make opportunities for training, development and progress available to all staff and make decisions concerning staff based on merit
• Encourage an inclusive workplace, with opportunities and activities that are open to all employees regardless of age, sex, ethnic background, sexual orientation, disability, religion or belief.

Employees have a responsibility to:

• Not discriminate in the course of their employment against fellow employees, temporary workers, clients, suppliers, or members of the public
• Not induce others to practice unlawful discrimination
• Immediately report any discrimination to management

4. Discrimination, Harassment, Bullying and Victimisation

We are committed to tackling incidents of inappropriate behaviour swiftly and decisively. A strong stand is needed on this issue to enable people of all backgrounds to have dignity at work and enable them to progress in the organisation and fully contribute to our success. Where inappropriate behaviour is found, disciplinary action will be taken, which may include dismissal for a first offence where the inappropriate behaviour is serious enough to warrant dismissal on grounds of gross misconduct.

A. Living Better recognises the following as being unacceptable:

1. 1. Direct Discrimination: treating someone less favourably than you would treat others because of a particular Protected Characteristic(s).
   2. Indirect Discrimination: applying a provision, criterion, or practice which, on the face of it, applies equally to all but which, in practice, can disadvantage individuals with a particular Protected Characteristic(s). Such requirements or conditions are lawful only if they can be objectively justified.
   3. Not all discrimination is illegal. If there is a reasonable explanation, and no alternative approach, then it may be justified. For example, a pregnant employee may be banned from carrying out a certain work activity because it involves the use of chemicals known to cause foetal damage.

B. Harassment: engaging in unwanted conduct relating to a relevant Protected Characteristic or unwanted conduct of a sexual nature where the conduct has the purpose or effect of violating the recipient’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the recipient, or any other individual affected by such conduct. Living Better is committed to ensuring that its Stakeholders are able to conduct their activities free from harassment.

C. Sexual Harassment: Sexual harassment can happen to men, women and people of any gender identity or sexual orientation. It can be carried out by anyone of the same sex, a different sex or anyone of any gender identity. Sexual harassment differs from harassment relating to a protected characteristic such as sex (i.e. gender) or sexual orientation. For example, someone making a comment that women should not be allowed in an industry is harassment relating to sex. Making a comment about a colleague’s body and inappropriately touching them is sexual harassment.

D. Bullying: Bullying is regarded as any behaviour, occasional or persistent, by anyone that intimidates or oppresses another person. Bullying can occur through misuse of authority or power but can also be directed towards a more senior employee. It invariably has a negative effect on the victim’s self-confidence, self-esteem, and general wellbeing. It can be subtle in nature and is intended to hurt.

E. Victimisation: subjecting someone to a detriment because he or she has in good faith taken action under the Equality Act 2010 (or equivalent legislation) by bringing proceedings, giving evidence or information in relation to proceedings, making an allegation that a person has contravened the Equality Act 2010 (or equivalent legislation) or doing any other thing for the purpose of or in connection with the Equality Act 2010 (or any equivalent legislation).

F. Living Better regards discrimination, harassment, bullying or victimisation, as described above, as a serious misconduct. All complaints will be taken seriously and appropriate measures including disciplinary action will be brought against any Stakeholder who unlawfully discriminates against, harasses, bullies or victimises any other person.

Guidance on behaviour that is unlikely to fall under the definition of bullying, discrimination, harassment or victimisation

Examples of behaviour which should not normally be interpreted as bullying, discrimination, harassment, or victimisation, include:

• An employee inadvertently offending a colleague with a “slip of the tongue” comment
• Asking a colleague out and accepting their answer of “no” rather than continuing to badger them – a manager asking a subordinate out is unacceptable
• A genuine and welcomed personal compliment
• Uncharacterised, isolated loss of temper
• Constructive criticism on performance
• Giving a reasonable management instruction
• Reprimanding an employee for an act of poor conduct
• Managing work performance concerns

Please note that the above lists of examples are not exhaustive and that it is important to recognise that in determining whether bullying, discrimination, harassment or victimisation has occurred or not, the views of the recipient are taken into account.

5. Reasonable Adjustments 

A. When any decision is made about an individual, the only Personal Characteristics that may be considered are those that are consistent with any relevant legislation and are relevant to the substance of the decision being made.

B. Living Better recognises that it has a duty to make reasonable adjustments for disabled persons. Living Better will consider all requests for adjustments and where possible will accommodate reasonable requests and will work with disabled Stakeholders to implement any adjustments that will enable them to participate more fully in sports related activities.

6. Ethical Working and Safeguarding

Working ethically is never more essential than when Living Better is working with children, young people and adult at risk participants, as well as their parents, families, carers and advocates. The foundation of safeguarding is ethical working, which in summary means that Living Better will:

• Recruit and appoint Trustees, Staff and Volunteers using our Safer Recruitment Procedures.
• Induct Trustees, Staff and Volunteers to understand their accountabilities and responsibilities for the protection of all children, young people and adults at risk.
• Underpin all arrangements with participants, contractors, suppliers, partners, external organisations and other customers with our safeguarding ethos.
• Use all child and adults at risk safeguarding policies, procedures and processes to manage and, where necessary, report any safeguarding concerns.
• Support all safeguarding personnel to carry out their safeguarding responsibilities effectively.
• Ensure the ongoing coaching, training and development of all Trustees, Staff and Volunteers (as appropriate) to be effective in their safeguarding roles and to be able to fulfil their responsibility to protect all children and adults at risk.
• Value all of our Trustees, Staff and Volunteers and seek their input and contribution to the development of our Equality, Diversity, Inclusion, Anti-Discrimination and Ethical Working practices and best Safeguarding practice.

7. Transgender Athletes

Any transgender athlete looking to participate in Living Better sports activities is requested to contact the EDI Working Group who will work with the transgender athlete to formulate a policy, linked with the policy of the particular sport. Any such request will be dealt with in the strictest confidence.

8. Responsibility, Implementation and Communication

A. The following responsibilities will apply:

1. The Board of Living Better is responsible for ensuring that this EDI Policy is implemented, followed, and reviewed when appropriate. The Living Better Board is also responsible for ensuring that this EDI Policy is enforced, and any breaches are dealt with appropriately. ii. A member of the Board will be appointed as the ‘EDI Champion’ and will ensure that EDI is included as an agenda item at the Board meetings when appropriate and that the Board takes the equality issues into consideration when making decisions.
2. The Chief Executive has the overall responsibility for the implementation of this EDI Policy.
3. A group of staff will be designated as the EDI Working Group by the Chief Executive and will have the overall day-to-day responsibility for the implementation of this EDI Policy and for achieving any equality, equity, diversity and inclusion related actions resulting from it. The EDI Working Group’s operational plan will reflect this. If required, an external EDI group will be created to provide additional support.
4. All Stakeholders have the responsibility to respect, follow and promote the spirit and intentions of this EDI Policy. Individual work programmes for Living Better staff will be amended to include EDI related tasks where appropriate.

B. This EDI Policy will be implemented immediately following Board approval. Implementation requires the following actions:

1. Living Better regularly review its employment practices to ensure continuing compliance with relevant legislation, and where possible good practice. All job packs sent out by Living Better will contain a policy statement similar to the following: “Living Better is committed to providing equal opportunities for all (and is committed to following best practice in the welfare of young people and vulnerable adults). For further information please consult the Living Better website”;
2. No applicant for any post (including job applicants, consultants, advisers and suppliers) will be placed at a disadvantage by requirements or conditions which are not necessary to the performance of the job, or which constitute unlawful discrimination; and
3. Consultants and advisers (and where appropriate suppliers) to Living Better will be required to abide by the EDI Policy, and it will be referred to in any service level agreements or contracts issued by Living Better.

C. This EDI Policy will be communicated in the following ways:

1. The Policy will be included in the Living Better Staff Handbook. Reference will be made to this EDI Policy in the Code of Conduct.
2. The Policy will be highlighted in all staff and volunteer inductions;
3. A copy of this EDI Policy will be publicly available on the Living Better website and copies in other formats will also be available from Living Better. All members of staff and Directors will be made aware of the Policy when they join;
4. Each time this Policy is reviewed, Living Better Stakeholders will be consulted. Following consultation, a notice of the changes being made will be publicly available and a direct communication will be sent to all those who contributed to the consultation process (subject to Data Protection provisions); and
5. Living Better will promote continuing professional development for all employees and volunteers to support equal opportunities within the organisation and, where appropriate, provide specialist facilities, equipment, or training.

9. Actions

A. Living Better will produce, maintain, and monitor a DIAP linked with the Annual Delivery Plan to ensure the objectives of this EDI Policy are consistently delivered throughout all areas of the organisation.

B. Living Better recognises that, in some cases, to further the principle of equality, an unequal distribution of resources may be required. If appropriate and proportionate, Living Better will consider positive action or may introduce special measures to assist any group with a Protected Characteristic which is currently underrepresented within any group of Stakeholders.

10. Monitoring and Evaluation

A. This EDI Policy will remain in force until it is amended, replaced or withdrawn. A review of this EDI Policy will take place as and when required, but not less than once every two years.

B. The DIAP, created to ensure the objectives of this EDI Policy are delivered, will form part of the Annual Delivery Plan and will therefore be reviewed by the Chief Executive and the EDI Working Group and Board regularly, but in any event not less than once every 12 months.

C. On an annual basis, statistical and, if appropriate, qualitative information will be collected, and a report will be produced by the Chief Executive with the support of the EDI Working Group and the EDI Champion for the Board. This will form part of an Annual Report. Once approved by the Board the report will be published internally and externally, to show the impact of this EDI Policy and progress towards achieving the DIAP.

11. Complaints Procedure

A. To safeguard individual rights under this EDI Policy, any Stakeholder who believes they have suffered inequitable treatment within the scope of this EDI Policy may raise the matter through the appropriate procedure. The grievance procedure and complaints procedure for employees is in the Staff Handbook; the complaints procedure for Stakeholders who are not employees is on the Living Better website. Each details how a complaint can be submitted.

B. Appropriate disciplinary action will be taken against any Living Better Stakeholder who violates this EDI Policy under the employee disciplinary procedure or the Living Better disciplinary procedure.

C. An individual raising an employee grievance will not be penalised for doing so unless it is untrue and not made in good faith.

D. As with all grievance and disciplinary procedures, the final point of appeal relating to this policy is the Board Appeals Committee.