1.    Introduction – Equal Opportunities

Brookfield Associates is committed to the principle of creating Equal Opportunities in employment for all individuals, both employees and job applicants.

Equal opportunities arise where there is not discrimination, harassment or victimisation on the grounds of an individual’s race, colour, nationality, ethnic origin, religion, gender, sexual orientation, disability or physical characteristics.  All employees are required to uphold this principle, and must be aware that any breach of the Policy could result in disciplinary action, and possible dismissal.  In some circumstances, the individual employee who breaches this Policy may also be personally liable at law for their discriminatory action.

Part-time employees will be treated no less favourably than full- time employees and those on fixed term contracts will be treated no less favourably than those on permanent contracts unless objectively justified.

2.    What is Discrimination?

There are two types of discrimination:

(a)    Direct Discrimination

This could include, for example, decisions, comments or actions which treat an individual less favourably on the grounds described in 2.1.  Illustrations include:

• Refusal to employ someone;
• Dismissal
• Denying employment opportunities, such s training and promotion;
• Speaking unpleasantly about somebody;
• Keeping of offensive literature in the workplace;
• Making jokes which create a hostile environment; and
• Unfair allocation of work.

(b) Indirect Discrimination

This may not be obvious at first sight.  It occurs when an otherwise neutral requirement, policy/practice or condition is applied which seems to have nothing to do with someone’s race, gender, sexual orientation, religion or health, but which, on closer examination, puts people of one sex or members of a particular racial group, religion, sexual orientation or those who are disabled (within the meaning of the Disability Discrimination Act 1995) at a disadvantage, in circumstances where this cannot be objectively justified.

            Victimisation

Any employee can assert their right to be treated fairly through the Grievance Procedure.  If an employee does use, or try to use, their rights to complain, they must not be treated less favourably as a result.  To do so, amounts to victimisation which is discrimination in itself.  Victimisation will result in disciplinary action and may warrant dismissal.

3.   Harassment

Harassment is conduct which is unwanted, unreasonable and offensive to the recipient and unlawful on the grounds of religion, sex, race or sexual orientation.  This may occur either where the behaviour is aimed directly at the person, or where the conduct creates an intimidating, hostile or humiliating work environment for the recipient.  It is not necessarily the intention of the perpetrator but the impact on the recipient which determines what constitutes harassment.  A one-off incident may be treated as harassment.  In some circumstances, the employee who breaches this may also be held personally liable at law.

Harassment as a result of a person's disability is also unacceptable.  This includes harassment directed at a disabled person as a result of any alterations to their working conditions which Brookfieldmakes in order to assist them.  In certain circumstances, an employee who breaches this may be held personally liable at law.

The following are examples of behaviour which may constitute harassment or bullying:-

• Physical conduct ranging from touching to serious assault - such contact is uninvited and unwelcome;
• Verbal and written harassment through jokes, racist remarks, offensive language, gossip, slander or threats;
• Leering, whistling or making sexually suggestive or insulting gestures;
• Visual displays e.g. posters, graffiti, or any other offensive material;
• Isolation or non co-operation at work, exclusion from social activities;
• Coercion, including pressure for sexual favours, pressure to participate in political or religious groups;
• Intrusion by pestering, spying, stalking etc;
• Undermining authority in front of others;
• Inconsistent application of rules and procedures;
• Unnecessarily severe reprimand for an offence;
• Shouting and uncontrolled anger;
• Setting impossible targets and deadlines;
• Frequent unwarranted criticism or sarcasm;
• Non co-operation without justification; and
• Deliberately withholding information.

This list is intended as a guide and is not exhaustive.  It should be noted that it is the impact of the behaviour which is relevant and not the motive or intent behind it.

4.   Disability Discrimination

Brookfield is committed to providing Equal Opportunities to all employees and applicants who have a disability, or have had a disability in the past.  This means that people will not be less favourable treated in recruitment, selection, promotion, training or any other aspect of employment as a result of disability, unless such treatment Is justified within the meaning of the Disability ?Discrimination Act 1995.  Brookfield will attempt to adjust all procedures to accommodate disabled individuals where this is reasonably possible.  Brookfield can however only adapt working conditions and procedures if it is informed by an employee, or an applicant, of their disability.

• A disability is “any physical or mental impairment which has a substantial and long-term adverse effect of a person's ability to carry out their normal day-to-day activities”.

Brookfield understands that those people with a disability may wish to keep the nature of the disability confidential.  In these circumstances, they should raise it with a Manager in confidence.

5.   How does the policy apply in practice?

(i) Recruitment and Promotion

Job applicants shall be given clear and accurate information about opportunities in Brookfield so they can assess their own suitability.  Brookfield shall try, as far as possible, to ensure that advertisements reach a wide variety of individuals.  It will also avoid recruitment literature which suggests that one group of applicants is preferred.  The only acceptable means of distinguishing between employees of Brookfield is on the basis of a person's ability to do the job.

All appropriate vacancies will be advertised internally via bulletins and notice boards.  An employee who applies for an internal vacancy should at the same time inform their current line manager that an application has been made.  This information will not in any way prejudice the employee if they do not succeed in their application.

(ii) Job Interviews

Brookfield will try to ensure that everyone who applies for a job has a fair chance to describe or demonstrate their ability to do that job.  Interviews will be thorough and conducted on an objective basis dealing only with the applicant's suitability for the job in hand.

Any-one suffering from a disability will be provided with reasonable assistance where necessary to enable them to attend an interview.  An individual can only be assisted in this way if Brookfield is made aware of the disability, and what assistance is required.

(iii) Access to Opportunity

Employees will be given equal access to appropriate opportunities such as promotion and training.

Promotion of employees will be subject to the same objective criteria as would apply to an external candidate.  Where performance or ability assessments are conducted all managers will seek to ensure that such assessments are conducted in a non-discriminatory manner.

6. Making the Policy Effective

Brookfield will do the following things:

(I)               Every employee will receive a copy of this Policy in the Staff Handbook, and will be encouraged to apply it throughout their working practices.

(II)             All those concerned with recruitment and management of employees, and their selection, training and development, will receive specific training in Equal Opportunities in the workplace, in order to enable them to implement the Policy effectively.

(III)            Every employee who is subjected to, or witnesses any evidence of discrimination contrary to this Policy, is encouraged to and should bring a grievance in accordance with Brookfield Grievance Procedure as quickly as possible.

7. Complaint

All employees have the right to a working environment which is free of harassment or discrimination in any form.  An employee who experiences behaviour he or she feels uncomfortable with should:

• First consider whether it is appropriate to make it clear to the person concerned that he or she finds their behaviour offensive, and ask them not to act in that way.  If preferred, a colleague can be asked to be present.
• An employee should alert a manager to any incident he or she witnesses in order to enable Brookfield to deal with the matter.
• If the situation persists, they should use the Grievance Procedure as soon as possible and aks their immediate manager to investigate and resolve the complaint.
• The senior staff have special responsibility in this area.  Whether or not an employee chooses to use the Grievance Procedure, he or she is encourage to contact the senior member of staff with whom he or she works for advice and assistance.
• All complaints will be dealt with seriously and promptly.  Complaints raised under the Grievance Procedure will be fully investigated.

8. Other Employment Policies

(i) Employment of Relatives

Brookfield regards that where individuals have or develop close family or personal relationships that it may be inappropriate to employ them in positions with a direct line of reporting between them, irrespective of the number of management levels between the posts or in circumstances where the personal relationship has an adverse effect on the working relationship and other employee's perceptions and becomes an actual or potential detriment to the proper conduct of  Brookfield's business.

For this purpose a "close relationship" cannot be accurately defined as the circumstances may vary according to the particular case.  However examples might include the following:

• Parents and their Sons or Daughters or other dependants
• Brothers and Sisters; and
• Cohabitees

In such circumstances Brookfield reserves the right to assess the situation and, upon proper consultation with the parties concerned, take such action as is deemed appropriate to resolve the actual or potential detriment to the business.  This may, without limitation, include requiring an individual to relocate or report to a different Manager or to perform different tasks where it is reasonable in all the circumstances to do so.

(ii) Aids/HIV

Brookfield' s policy is:

·        An employee's terms and conditions of employment will not be affected if they are HIV positive or have been diagnosed with AIDS;

·        No adverse discrimination in recruitment and promotion will be made because a candidate is HIV positive or has been diagnosed with AIDS; and

·        Applicants who are considered suitable for a particular post will not be rejected because they are HIV positive or have been diagnosed with AIDS.

HIV Testing

Brookfield does not require employees or candidates for employment to take an HIV test except where, in an overseas posting or business trip, the host country requires it, in which case the employee will be informed in advance of the requirement.

Cases of Infection or Illness

Employees who are HIV positive or who have AIDS are not required to tell Brookfield .  If an employee chooses to advise Brookfield that they are HIV positive or have AIDS, every reasonable arrangement will be made to allow them to continue working as would be made for other illnesses.  Confidence will be respected at all times wherever reasonable.

Brookfield reserves the right to seek medical advice and to act in accordance with any recommendations of an independent medical practitioner.

Prevention and Discrimination

Victimisation of an employee with HIV or AIDS is not acceptable and any employee who does so may be subject to disciplinary action.  Any employee who feels he or she is being harassed or discriminated against because of HIV/AIDS should complain to a Manager they feel comfortable confiding in.  The Manager will then investigate and take appropriate action.

(iii) Redundancy

Redundancy arises when the need for a particular job diminishes or ceases.  Everything possible will be done to avoid redundancy by considering available alternatives such as reduction in overtime working, natural wastage, restricting recruitment, lay-off and short time working (where appropriate). 

Should dismissal on grounds of redundancy be unavoidable, the selection of employees for redundancy will take place using objectively applied criteria which are designed to ensure that Brookfield retains those who are most suitable to fulfil its business requirements in the future.  The selection criteria to be adopted will be notified to those employees in the posts which are potentially affected in advance of any application of the criteria and they will be the subject of consultation.  Examples may include the following.

• Performance, experience, approach to work, flexibility, quality of service of work attendance record (disregarding absence for pregnancy/time off for ante-natal care of absence related to a disability) or unauthorised absences.
• Timekeeping
• Disciplinary record
• Qualifications and skills

Length of service will not automatically be used as a selection criterion.  Individuals potentially at risk or redundancy will be warned of likely redundancy as early as possible and there will be consultation with individual employees and employee representatives (where required by law) prior to any final decision being taken with emphasis on attempting to identify suitable alternative employment and alleviating personal hardship, in accordance with statutory requirements.

No employee will be selected for redundancy for any of the following reasons:-

• Union-related reasons
• Health and safety related reasons
• For asserting a statutory right.
• Maternity or paternity related reasons
• For carrying out the function of or standing as an employee representative.

Nor will Brookfield discriminate against any employee on the grounds of sex, race, religion or sexual orientation or disability, or because they are a part-time worker or; engaged on a fixed term contract when selecting those who will be made redundant.  Where necessary adjustment will be made to the criteria used to ensure no discrimination takes place.

Although Brookfield will endeavour to invite volunteers for redundancy before declaring any compulsory redundancies, it is in the discretion of Brookfield in each case whether to accept a volunteer for redundancy.

Redundancy payments will be calculated in accordance with the prevailing legislation.

Any employee whose employment is terminated by reason of redundancy will be given the right to appeal against that decision.

An employee who is under notice of redundancy or who is formally covered by a period of redundancy consultation will be given reasonable time off to attend job interviews etc.  Prior permission must be obtained from a Manager but permission will not be withheld unreasonably.

(iv) Retirement

It is Company policy that all employees retire at the age of 65.  The actual retirement date will be the last normal working day of the pay period in which the employee's 65^th birthday falls, when the employment will terminate automatically without the need for notice.  Brookfield reserves the sole discretion to consider extending an employee's period and will be regularly reviewed.