Equal Opportunities & Diversity

Our Commitment

BAY Hill Recruitment (“BHR”) believes that diversity is a key component of our business, and a benefit to our clients. We believe in providing equal opportunities to all of our candidates, seeking to continually develop forward-thinking relationships with those who share our values. Our strength comes from our network of not only excellent, but diverse candidates, and we work closely with our clients to help achieve their diversity targets.

BHR promotes diversity for all applicants, and reviewing all facets of recruitment to avoid discrimination is an ongoing process. BHR is committed to treat all applicants equally and will not discriminate against an applicant’s Protected Characteristics under the Equality Act 2010 (“the Equality Act”). These characteristics are age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex, and sexual orientation. All BHR’s staff are obliged to act in accordance with this policy. BHR will not prescribe any discriminatory requirements for a position.

BHR will not discriminate when determining a candidate’s suitability for submission to a client. Each candidate will be assessed according to the candidate’s own merits, qualification and competency to be able to undertake the relevant role. Any interpretation of this policy is to be viewed in conjunction with the definitions and regulations set out in the Equality Act 2010; any information within this policy is not to be taken as legal advice.

Discrimination

Direct discrimination

Under s.13 of the Equality Act, direct discrimination occurs when an individual, because of another’s protected characteristic, treats another less favourably than someone without that protected characteristic. It is unlawful for BHR to discriminate against an individual on the grounds of a protected characteristic in the way it provides its services, by refusing or deliberately omitting to provide any of its services, or in the terms on which it offers to provide its services.

Additionally, direct discrimination can occur if the individual does not have the protected characteristic, but is still treated less favourably based on an assumption that they have, or is associated within someone that has, the protected characteristic. 

BHR is committed to building a network of clients that reflects our vision for a diverse workforce. BHR will refuse to act upon instructions from a client that state individuals with a protected characteristic would be unsuitable, unless a lawful exception applies.

Occupational requirements, i.e. specifying a requirement that a person must have a particular protected characterising in order to undertake the specified role, is permitted in Schedule 9 of the Equality Act. These require that the client must be able to provide objective justification that applying the requirement is a proportionate means to achieve a legitimate aim. An occupational requirement does not allow employers to employ an individual on less favourable terms, nor does it provide an excuse against harassment or victimisation of an individual who does not have the occupational requirement.

Indirect discrimination

Under s.19 of the Equality Act, indirect discrimination occurs when an individual applies to another a provision, criterion or practice which is discriminatory in relation to a related protected characteristic of the other. 

Occupational requirements, as above, may be permitted under Schedule 9 of the Equality Act. Where vacancies require certain characteristics and have an objective justification, BHR’s acting in the process is subject to a requirement of written confirmation from the client of the occupational requirement or lawful exception. BHR will refuse to act upon instructions from a client that will result in unlawful direct or indirect discrimination.

Disabled Persons

Discrimination occurs when an individual is treated unfavourably by another because of something arising in consequence of that individual’s disability, and when the other cannot show that the treatment is a proportionate means of achieving a legitimate aim. This definition will not apply if the other can demonstrate that they did not know, or could not reasonably have been expected to know, that the individual had a disability. 

Throughout the recruitment process, it may be necessary to make reasonable adjustments to avoid any disadvantage when compared to non-disabled persons. These reasonable adjustments could include, but are not limited to: modified application procedures & documentation, modified testing & assessment, flexibility of timing, and the provision of ancillary aids such as readers.

BHR prides itself on being flexible to a candidate’s needs and so external meetings with candidates shall be held at accessible premises of the candidate’s choosing, where feasible.

BHR is committed to ensuring clients are supportive of making reasonable adjustments throughout a recruitment campaign. From the arranging of interviews up to the offer stage, BHR will not discriminate against any disabled persons.

Age Discrimination

Under the Equality Act, it is unlawful to discriminate, either directly or indirectly, harass, or victimise an individual because of age. Under the Equality Act, references to age is a reference to an individual’s age group. Other persons who share this protected characteristic of age are people within the same age group.

BHR will not discriminate, harass or victimise any person on the grounds of age group. Clients will not include any age criteria in job specifications and BHR will use its best endeavours to encourage clients to recruit on the grounds of skills and competence. Any client requests for date of birth, or age of a candidate must be accompanied by objective justification, confirmed in writing, or under an occupational requirement.

Harassment

Under s.26 of the Equality Act, harassment is defined as where an individual engages in unwanted conduct related to a protected characteristic, and has the purpose or effect of violating another’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for another. This includes conduct of a sexual nature that also has the effect of creating an environment as outlined above.

Examples include: verbal or written conduct containing derogatory comments or jokes, unwanted sexual advances, imagery which some may find offensive, physical conduct, threats & demands, retaliation.

If an individual believes that they have been harassed, a detailed and immediate report should be made to a Director, accompanied in writing.

Victimisation

Under s.27 of the Equality Act, victimisation occurs when an individual is treated unfavourably because that individual has done a protected act, or is believed by another to have done a protected act, and the individual is subjected to unfavourable treatment as a consequence. This includes, but is not limited to, bringing legal proceedings under the Equality Act, or giving evidence at proceedings under the Equality Act.

BHR will ensure its employees do not victimise individuals.

Part-time Workers

BHR makes no distinction between full-time or part-time employees with regard to the terms of their employment. Holiday entitlement, maternity leave, access to any pension scheme, and the quantum of remuneration for part-time employees will be no different (albeit pay pro rata). Training and redundancy shall apply uniformly to both categories of employee.

Gender Reassignment Policy

BHR recognises that an employee may wish to change their gender throughout the course of their employment. BHR will support any employee through the gender reassignment process, and will make every effort to protect an employee who has undergone, is in the process of, or intends to undergo gender reassignment from any discrimination or harassment.

Complaints & Monitoring

BHR has procedures for dealing with complaints of discrimination, and monitoring compliance with this policy. These are available upon request.