1.1. Employment protection legislation applies to the staff of the House of Lords.

1.2. The House has designated the Clerk of the Parliaments as the employer for the purpose of applying statutory provisions to House of Lords staff.

1.3. The general purpose of these statutory provisions is to protect employees by giving them various rights and safeguards. These include the following:

the right not to be unfairly dismissed;

entitlement to a written statement of reasons for dismissal;

entitlement to a written statement of employment particulars;

safeguards for staff who wish to join an independent union or take part in its activities;

time off work for trade union activities, public duties, etc.;

job security during pregnancy;

entitlement to maternity, paternity and adoption pay and leave and parental leave and time off for the care of dependants;

equal pay for work of equal value;

no discrimination in appointments, promotions, training etc. on grounds of gender, marital status, age, race, colour, disability, religious affiliation or sexual orientation.

1.4. Further information for staff having any complaint arising in connection with subjects described above or any other employment legislation matter may be obtained from the Human Resources Office.

Industrial relations

1.5. The statutory provisions establishing machinery for improving industrial relations and providing for the disclosure of information to trade union representatives for the purpose of collective bargaining are also applicable to the House of Lords.

Diversity, equal opportunities and harassment

1.6. It is House of Lords policy that staff shall have equality of opportunity for employment and advancement on the basis of their ability, qualifications and suitability for work. There must be no discrimination on grounds of gender, marital status, age, race, colour, disability, religious affiliation or sexual orientation. This policy is in line with Civil Service policy statements, UK legislation on equality of opportunity and equal pay, and European Community law. The terms and conditions of staff are kept under review by the Human Resources Office to ensure that they do not discriminate against any particular group or individual, and equal opportunities and diversity training are compulsory for all staff.

1.7. The existence of an equal opportunities policy cannot in itself ensure that there is no discrimination. It is important that staff at all levels accept their individual responsibility and put the policy into practice in their day to day work, ensuring that they are not behaving in a way that could, intentionally or not, discriminate against or cause feelings of harassment in others. Discrimination is a serious matter and the consequences of such behaviour can lead to a lowering of morale and can result in disciplinary action and even individual legal liability under the relevant legislation. Managers at every level have a particular responsibility to ensure that they are aware of equal opportunities issues generally and that the House's policy is applied in their area. They should take particular care to be seen to be impartial in their dealings with all staff; ensure that their own conduct accords with the policy; and take appropriate action to deal with any difficulties which arise from lack of impartiality by any member of staff. Furthermore all staff should be aware of the forms which discrimination can take and act to prevent them:

Direct discrimination takes place when one person is treated less favourably than others in the same circumstances. An example is the refusal to recruit someone who has the required skill because they belong to a particular ethnic group or because of their gender.

Indirect discrimination means applying a condition or requirement of employment which adversely affects, or favours, one particular group more than another, and which cannot be justified in terms of the requirements for performing the job. For example, an unnecessary physical requirement might discriminate against a person with a disability.

Abuse and harassment. Discrimination also covers actions which amount to abuse and/or harassment. In the House of Lords harassment is defined as "unwanted and unreciprocated conduct directed at an individual or group of individuals related to their race, gender, disability, creed, nationality, religion, ethnic origin or any other personal characteristic, which affects the dignity of the individual or group."

Harassment is not confined to unwanted physical contact or offensive comments but might include suggestive remarks, jokes and banter based on race, religion, gender etc., pin-ups and accessing sexually explicit material on any Internet Website. It might also include bullying, intimidation, or victimisation. None of these is desirable in a working environment in which all employees are treated with dignity and respect. Such action would constitute less favourable treatment by creating a hostile working environment likely to affect the work and personal well being of employees.

Unconscious discrimination. Care should be taken to guard against the more subtle, unconscious and much more common forms of discrimination which may not be perceived easily (for example in staff appraisals or in work allocation). These may result from general assumptions about the capabilities, characteristics and interests of particular groups, for example, by assuming that part-time workers are less committed and not so interested in promotion or that women are physically less able.

Recruitment, selection and promotion

1.8. In accordance with the principle of fair and open competition and in order to provide the widest range of applicants from which to select the best available people, the Human Resources Office seeks to ensure that recruitment, selection and promotion practices are in line with equal opportunities policies and, where appropriate, the Civil Service Commissioners' Recruitment Code. This means that:

advertisements for vacancies are placed effectively to reach a wide audience;

unnecessarily restrictive qualifications or other criteria are not demanded when considering appointment to jobs;

criteria, procedures and management guidance are kept under review to ensure that individuals are recruited or promoted solely on their merits and abilities; and anyone involved in recruitment and promotion receives training on how to ensure equal opportunities in practice.

Equal Opportunities and Diversity Officer

1.9. The Equal Opportunities and Diversity Officer, Margaret Pieroni (x3220), is available to advise staff and managers on equal opportunities and diversity matters. She is responsible for co-ordinating this policy of non-discrimination within the House and for publicising and monitoring equal opportunities issues.

Complaints of discrimination and harassment

1.10. The House of Lords opposes all discrimination, abuse and harassment and is committed to investigating all allegations promptly and fairly. Discrimination, abuse and harassment are disciplinary offences. Staff may at any time approach the Equal Opportunities Officer in the strictest confidence to discuss any equal opportunity matter. All such approaches will be dealt with sensitively and taken seriously. Formal action will not be pursued without the express wish of the individual who made the approach except in the most serious circumstances. The Equal Opportunities Officer will explain to the alleged victim the possible consequences of making a formal complaint under these procedures. This is not intended to deter complaints but to ensure that any decision is properly informed.

1.11. If a formal complaint is made, the Equal Opportunities Officer will immediately initiate an investigation. Statements will be taken from the complainant and all others involved (eg witnesses, alleged culprit etc.). Based on the outcome of that investigation, a decision will be taken as to whether an offence might have been committed and whether charges should be levelled. From this stage the usual disciplinary procedures will be followed. Ultimately, employees who think they have been discriminated against and who consider that they have failed to secure adequate redress have a legal right to take their case to an Employment Tribunal. In these circumstances complaints can be brought against individuals as well as against the employing authorities.

Disability

1.12. The Disability Discrimination Act 1995 abolished the need for disabled people to register their disability. The Act defines a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities." Any member of staff who is disabled or becomes so should contact the Human Resources Office for advice.