STRYX GALLERY
Equality, Diversity and Inclusion
1. INTRODUCTION
1.1 The Board of Directors at Stryx Gallery (SG) are fully committed to delivering equality of opportunity for all artists, clients, staff, and visitors (further known as Participants), eliminating all forms of unfair, unjust and unlawful discrimination as well as all forms of harassment and bullying. SG runs an EDI Committee that as has helped to shape and developed policy and procedures that promote equality, diversity and inclusion throughout the SG.
These principles are central to SG, namely:
∙ Inclusion – We make sure everyone can participate fully in SG life and feel welcome, safe and valued.
∙ Excellence – We take pride in our work and aim to exceed all our targets to provide the best possible outcomes for Participants.
∙ Enabling – We have high expectations for our Participants and help them to achieve their potential.
∙ Collaboration – We work successfully and constructively together with internal and external partners to ensure we achieve our goals.
∙ Integrity – We are honest and demonstrate strong moral principles.
∙ Respect – We consistently show sensitivity, dignity and compassion to others whilst holding our own view.
1.2 SG promotes British Values of democracy, the rule of law, individual liberty, mutual respect and tolerance of different faiths and beliefs. SG Participants should be confident that our organisational values and practice, culture and ethos embrace not only these but overlapping and complementary themes of fairness, respect, equality, diversity, inclusion and engagement.
1.3 The term ‘Participant’ is used throughout this document and refers to any artist, staff, client, volunteer and visitor benefiting from the SG work.
1.4 This Policy and the SG work towards EDI values provides a framework and guidance on how the SG will meet its equality duties, general and specific, legal and moral, and how the SG will handle complaints of discrimination, harassment and bullying. Action may also be taken, where appropriate.
1.5 As with all policies, procedures and plans, this Policy will be monitored for its achievements and adverse impact and outcomes. Where necessary, remedial action will be identified and delivered to address any concerns identified. This Policy document sets out the SG commitment to the current and future legislation.
2. VALUES AND AIMS
2.1 All Participants of SG are entitled to equality of rights and opportunities and have the same responsibility to respect and treat people with dignity regardless of their differences.
2.2 The SG will respect and seek to utilise to their full potential, the diverse skills, talents and experiences of all its Participants. To this end, the SG will actively engage with Participants in the development of policies and procedures as appropriate to Participants understanding.
2.3 SG recognises that differentials in socio-economic groups may reduce equality of opportunity for some Participants - SG staff works hard to ensure access to both internal and external services during their time at SG, as well as transition planning towards future goals.
2.4 The SG EDI Mission Statement is:
“ As an artist-run gallery, Stryx Gallery offers close, interpersonal and collaborative ways of supporting artists, studio holders, volunteers and other participants in their work, to enable and create a diverse and inclusive community.”
2.5 The overall purpose of this Policy is to identify and establish key equality and diversity principles, structures and monitoring arrangement for the SG. It aims to ensure that the SG meets its legal duties in relation to:
Race Gender Maternity and Pregnancy Disability Religion and Belief Gender Reassignment Age Sexual Orientation Marriage and Civil Partnership
3. STRATEGIC PLANNING
3.1 As an organisation, SG draws direction and inspiration from the diversity of its Participants. The College caters for Participants with vision impairment and other disabilities, including those with Autism and more complex needs. This necessitates a requirement to ensure planning for individual Participant needs prior to working with SG.
3.2 The SG Recruitment and Selection Policy (for Participants) and procedure actively encourages applications from all groups and is committed to continuous improvement in accommodating the needs of all of its employees, volunteers and other Participants with disabilities or other protected characteristic needs.
3.3 The SG monitors both its workforce and Participants in the categories outlined in section 2.4 above.
4. LEGISLATION - THE EQUALITY ACT 2010
4.1 Underpinning the Equality, Diversity and Inclusion Policy is The Equality Act 2010 and the public sector Equality Duty. The Equality Act consolidated and brought together previous anti-discrimination law into one piece of legislation. The Act established nine ‘protected characteristics’, on the grounds of which it is unlawful to discriminate against a person. These are:
∙ Age (all ages and age groups)
∙ Disability (physical and mental impairments)
∙ Gender reassignment (people who are proposing to undergo, are undergoing or have undergone gender reassignment)
∙ Marriage and civil partnership
∙ Pregnancy and maternity
∙ Race (including ethnic or national origin, colour and nationality)
∙ Religion or belief (including an organised religion or a lack or religion, a religious or philosophical belief or a lack of belief)
∙ Gender (women and men)
∙ Sexual orientation (gay, lesbian, bisexual and heterosexual orientation) or the perceived sexual orientation or the sexual orientation or perceived sexual orientation of a family member, friend or associate for example.
4.2 As a public-funded body, the SG also has duties to promote equality – The Equality Duty1. This requires SG to have ‘due regard’ to the need to:
a) Eliminate unlawful discrimination, harassment and victimisation on the grounds of a protected characteristic;
b) Advance equality of opportunity between people who share a protected characteristic and those who do not; and
1. The Equality Duty does not apply in relation to the protected characteristic of marriage and civil partnership, although it remains unlawful to discriminate against a person on these grounds.
c) Foster good relations between people who share a protected characteristic and people who do not.
4.3 This requires the SG to consciously consider and embed the three duties into its activities. SG has a strong culture of promoting and celebrating cultural events and staff maintain local community awareness. We utilise such links to strengthen community integration; there are themed events throughout the year.
4.4 Eliminate Unlawful Discrimination
4.4.1 Direct Discrimination occurs when an individual is treated less favourably than another person because of a protected characteristic, for example, refusing to employ an individual because of their race or sexual orientation.
4.4.2 The law also protects people from being discriminated against: ∙ by someone who wrongly perceives them to have one of the protected characteristics:
o Direct discrimination can occur when a staff member is treated less favourably because an individual mistakenly thinks that they have a
protected characteristic (other than marriage and civil partnership and pregnancy and maternity).
∙ because they are associated with someone who has a protected
characteristic:
o Direct discrimination might occur when a member of staff, student or visitor is treated less favourably because of their association with another person who has a protected characteristic (other than marriage and civil partnership and pregnancy and maternity). For example, this might occur when a student or client is treated less favourably because their sibling, parent, carer or friend has a protected characteristic, such as disability. This would therefore include the parent of a disabled child or adult or someone else who is caring for a disabled person.
∙ because of pregnancy and maternity:
o It is discrimination to treat a woman unfavourably (including a female student or client of any age) because of pregnancy of hers, at any point during her pregnancy or within 26 weeks of her having given birth. This includes unfavourable treatment because of breastfeeding during this period.
4.4.3 It may not be direct discrimination against a male student to offer a female student more favourable treatment as a result of her pregnancy.
4.5 Indirect Discrimination
4.5.1 Indirect discrimination is also covered by the Equality Act. Indirect discrimination would occur if the SG were to apply a provision, criteria or practice to all staff or Participants which had the effect of putting a person with a protected characteristic at a disadvantage. For example, if the SG were to refuse all requests for flexible working, this may have the effect of putting women at a disadvantage because women often take on greater care responsibilities. A provision, criteria or practice will not be unlawful where it is a proportionate means of achieving a legitimate aim.
4.6 Victimisation
4.6.1 Victimisation occurs when an individual is treated detrimentally because they have made a complaint or intend to make a complaint about discrimination or harassment or have given evidence or intend to give evidence relating to a complaint about discrimination or harassment.
4.6.2 Management and staff must not penalise any individuals who make a complaint of discrimination. This applies to all staff and Participants, including those who are the subject of a complaint, mentioned as a witness, asked to give relevant evidence, or are supportive of the alleged discrimination.
4.7 Harassment
4.7.1 Harassment occurs where a person engages in unwanted conduct which has the purpose or effect of violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. This includes conduct of a sexual nature. Examples of harassment include name calling and making innuendos. Treating a person less favourably because they have either rejected or submitted to harassment related to sex or gender reassignment will also be harassment.
4.7.2 Staff must not engage in any conduct which could potentially offend another member of staff or a Participant or make that person feel intimidated, humiliated or degraded.
4.8 Advance Equality of Opportunity
4.8.1 Having due regard of the need to advance equality of opportunity means actively considering how the SG can:
∙ Remove or minimise disadvantages faced by staff and Participants due to a protected characteristic;
∙ Take steps to meet the needs of staff and Participants with each protected characteristic including where those needs are different from the needs of staff and Participants who do not share the relevant protected characteristic; and
∙ Encourage people with each protected characteristic to participate in the public life of the SG and in other activities where their participation is low.
4.9 Foster Good Relations
4.9.1 Having due regard of the need to foster good relations means identifying opportunities in our activities to tackle prejudice and promote understanding between people who share a protected characteristic and those who do not.
4.9.2 The Equality Duty can mean treating some people differently to others in order to meet their needs or address under-representation, provided this does not amount to discrimination against others. The Equality Duty also explicitly recognises that disabled people’s needs may be different from others, and that public bodies have a duty to consider and take reasonable action to accommodate the needs of disabled people, even if this means treating disabled people differently or more favourably.
5. THE PUBLIC SECTOR EQUALITY DUTY: SPECIFIC DUTIES
5.1 The specific duties are intended to support organisations, such as SG, to meet the requirements of the public sector equality duty. The specific duties regulations required QAC to publish:
∙ one or more equality objectives at least every four years. Equality objectives must be specific and measurable and relate to the achievement of the equality duty.
∙ information to demonstrate compliance with the equality duty at least annually.
5.2 The information that the SG is required to publish must relate to employees and others affected by their policies and practices such as Participants who share a relevant protected characteristic.
5.3 The information must be published in a manner that is accessible to the public and can be published within another published document
6. RESPONSIBILITY
6.1 Corporate Responsibility
6.1.1 The Directors of SG recognise and accept their responsibility to provide a working environment that is free from unfair, unjust and unlawful discrimination. They will also ensure that an environment exists in which all potential employees, employees, Participants and anyone else who comes into contact with the SG feels valued, safe and secure and are treated with respect at all times. In such an
environment, Participants will feel confident in working to their full potential and enjoy the satisfaction of achievement in a diverse environment. The inclusive culture of SG will be celebrated and EDI training undertaken.
6.2 Management Responsibility
6.2.1 All managers at SG have particular responsibility to ensure the organisation acts lawfully and that the spirit of the policy is maintained and promoted in all aspects of the business. As managers, they each have responsibility for ensuring that Participants are aware of the SG policy and action plan for equality, diversity and inclusion. They are responsible for monitoring their work area and stopping unacceptable behaviour immediately.
6.3 Individual Responsibility
6.3.1 Each Participant who works for the SG or attends SG events is responsible for his/her own actions and must respect the spirit of equality and diversity. They are equally liable for their actions under anti-discrimination legislation and are expected to treat others with respect and dignity at all times and to act in accordance with SG Values. SG has staff and Participants ‘Users Safety’ and a Managers Charter which provide frameworks for appropriate behaviour.
6.3.2 It is expected that each individual will commit to and promote the policy of equality and diversity and report any incident(s) of discrimination, harassment or bullying they encounter or observe.
7 COMPLAINTS OF DISCRIMINATION, HARASSMENT AND BULLYING
7.1 SG is committed to preventing discrimination, harassment and bullying but unfortunately despite the best intentions such action or behaviour can occur.
7.2 The SG has in place a Health and Safety, Safeguarding and Whistleblowing Policies that are available to Participants who feel they may be subject to bullying or harassment, as well as to anyone who has been accused of such behaviour.
7.3 The SG records and monitors external complaints and complaints Participants, including analysis of survey results (see also section 9 below).
8 THE EQUALITY AND DIVERSITY GROUP
8.1 The Equality and Diversity and Inclusion Group (EDI Group) exists to ensure that SG delivers its equality agenda in line with legislation and Codes of Practices by removing inequalities, preventing discrimination, harassment and bullying and improving Participants services.
8.2 The chair of the group will be responsible for the provision of reports to the Board of Directors. Membership consists of a multidisciplinary group to ensure full representation of Participants.
9. MONITORING STAFF AND PARTICIPANTS DATA
9.1 SG collects and evaluates comprehensive data, at Participants and Board of Directors levels, to assist in evaluating its performance. This includes the following broken down in gender, race (including colour, ethnic or national origin), disability, religion or belief, sexual orientation, age, gender reassignment, marriage or civil partnership and maternity and pregnancy:
9.2 For Participants:
∙ Applications
∙ Achievements
∙ Success rates
∙ Outcomes
∙ Satisfaction surveys
∙ Category of work
∙ Types of contract (permanent, temporary, full time, fractional)
∙ Training and staff development applications, attendance and outcomes
∙ Promotion applications
∙ Promotion appointments
∙ Disciplinary, grievance and capability proceedings
∙ Satisfaction surveys
∙ Gender Pay Gap differentials
∙ Category of work
∙ Disciplinary, grievance and capability proceedings
∙ Monitoring of the area of governance
9.5 All of the above will inform the annual evaluation of the SG’s Equality, Diversity and Inclusion Policy for statutory purposes and SG’s planning. All data will be captured in line with the Data Protection Act requirements. Monitoring reports will inform future Action Plans, target setting and staff development. Training will be provided for those responsible for, and involved in, collating monitoring data.
9.6 The outcome of the annual monitoring exercise will be provided in reports to funding partners where required. Exception reports may be required on an ad hoc basis for specific purposes. Where requested, SG will ensure that information and material is accessible in user-friendly formats.
9.7 Where monitoring shows that people are not accessing services, or where policies or procedures are not working effectively, the SG will take action to attempt to improve such situations.
APPENDIX 1
VICARIOUS LIABILITY
1. All employers are initially held responsible for the discriminatory acts of their employees. If an employee takes an action that has a discriminatory effect, the employer would be deemed responsible, except where they have taken clear steps to ensure that such discriminatory acts do not happen.
2. The Equality Act 2010 places responsibility on to individuals and not just the employer. If an employee, in the course of employment, commits unlawful discrimination, both the individual and the employer are held responsible regardless of whether or not the employer knew or approved of the action. However, if it can be proved that all reasonable, practicable action was taken by the employer to prevent the employee from discriminating then this may be a defence.
| Policy Number | 1.0 | ||
| Department/Area of Operations | Management Information | ||
| Version | Final | Date of Review | 11/03/2022 |
| Approval: 01/01/2021 |