Equality, Diversity & Inclusion Policy

EQUALITY, DIVERSITY & INCLUSION POLICY 2024

1. STATEMENT OF INTENT

1. 1.1  Above The Bay Limited (“The Business”) is committed to the principles of equalityand diversity throughout its operations, its paid and volunteer workforce and anyothers with whom the Business engages.
2. 1.2  The Business shares the belief of England Golf and that golf belongs to everyone.All who play and all who aspire to play must have an equal opportunity to do so.
3. 1.3  The Business considers that everyone should play their part in the workingenvironment inclusive and aims to ensure that all people, irrespective ofbackground or Protected Characteristics, have a genuine opportunity to engageand develop. We will not disadvantage any individual by imposing conditions orrequirements which cannot be justified.

2. WHO DOES THIS POLICY APPLY TO?

2.1 This Policy shall apply to, and be binding upon the Business, its board andcommittees, staff, volunteers, coaches, contractors, and representatives working,holding office or acting for or on behalf of the Business.

3. OTHER IMPORTANT DOCUMENTS

This policy works with other documents adopted by the Business, in particular:

• All employment policies, recruitment policy, standard terms of service and grievance procedures which relate to the relationship between the business andthose it employs and the recruitment process.
• Disciplinary Regulations which may be used to deal with alleged breaches of this policy.
• Safeguarding Children and Young People Policy, and Safeguarding Adults Policy, which will be followed in respect of any matters which give rise to a safeguardingconcern.

• Code(s) of Conduct which set out the standards of behaviour and conduct expected from staff, those who are attending Business events, or representing,working for of otherwise engaging with the Business in some capacity.
• Complaints Policy which may be used to deal with concerns raised about the actions of the Business
• Data Protection Policy which sets out how we will handle personal data, including data collected to monitor diversity in line with this Policy.
• 4. POLICY IMPLEMENTATION
• A. WHAT WE WILL DO

1. Promote fairness, equality, diversity and respect for everyone working,volunteering or within the Business participating in the sport of golf or otherwiseengaging with the Business.
2. Ensure that all competitions, events and activities are administered by theBusiness are carried out in a fair and equitable way (except where specificsituations and conditions prevent this, or where we consider that Positive Action isa proportionate way to achieve a legitimate aim).
3. Monitor and review Business policies, procedures and regulations to ensure thatthey are consistent with the requirements of this policy, including policies relatingto admission.
4. Where practical we will take steps to monitor the diversity of the Business’s staff,participants, players, volunteers and others that we may engage with in order tomeasure and assess the impact of this policy
5. Provide appropriate training and support to staff, volunteers, officials and others.
6. Make reasonable adjustments for those with a disability.
7. Publish this policy on the Business website.

B. WHAT WE WON’T DO

1. Discriminate against anyone, either directly or indirectly, on the basis of aProtected Characteristic.
2. Subject anyone to less favourable treatment on the basis of them doing aProtected Act (victimisation).
3. Subject anyone to harassment in relation to a Protected Characteristic.

5. REPORTING PROCEDURES

If you are concerned about the behaviour or conduct of someone at a Business event,someone representing the Business, or any other breach of this policy:

5.15.2

5.3

please report the matter to the Directors, giving as much detail as possible.If the matter is reported verbally, and you are able, please follow the verbal

report in writing as soon as possible.

The Business will consider the appropriate way to deal with the matter, which mayinclude referring the matter to and/or seeking guidance from England Golf.

6. HOW WE WILL DEAL WITH BREACHES OF THIS POLICY

6.1 When we receive a report or a concern that relates to this policy we will ask HRManager / Directors to consider the matter initially. They will consider theappropriate next steps, which may include the following:

1. seeking further information in relation matters raised
2. seeking guidance from any other appropriate body or organisation
3. referring the matter to another body or organisation
4. dealing with the matter informally
5. deciding which procedure is the most appropriate, such as the EmployeeDisciplinary Procedure, the Safeguarding Policies or the Disciplinary Regulations,to progress the matter formally.

6.2 The Business will usually inform the person reporting the matter of the next stepsand/or the outcome of the matter. However, there may be circumstances in whichwe are not able to disclose full details to the reporting individual. This may bebecause the law prevents us from doing so, because some information isconfidential or to protect the safety or wellbeing of those involved.

7. KEY CONCEPTS, DEFINITIONS AND EXAMPLESA. The Equality Act 2010 and Discrimination

Every individual and organisation to whom this Policy applies must not act in a way whichis directly or indirectly discriminatory on the basis of a Protected Characteristic.

The Equality Act 2010 makes it unlawful to discriminate directly or indirectly againstindividuals or groups with certain “Protected Characteristics”. The “ProtectedCharacteristics” are listed in section 4 of the Act:

• Age
• Disability
• Gender Reassignment
• Marriage and Civil Partnership
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation

• Direct Discrimination is defined at section 13(1) of the Equality Act 2010: “”
• For example, if an action or decision is taken by a Business which treats females lessfavourably than males, this would be considered direct discrimination on the grounds ofsex, which is a protected characteristic.
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• Indirect Discrimination
• Indirect Discrimination is defined at section 19(1) of the Equality Act 2010: “A person (A)discriminates against another (B) if A applies to B a provision, criterion or practice whichis discriminatory in relation to a relevant protected characteristic of B's.”
• Indirect discrimination occurs where less favourable treatment is not the main effect orobjective of an action or decision.
• The nature of indirect discrimination is that the discriminatory effect can be an unexpectedor unforeseen effect of a good faith decision. Complaints of indirect discrimination shouldbe considered carefully and objectively, and not dismissed out of hand purely because theeffect was not an expected or intentional one.

If, for example, a Business has a rule or practice that certain competitions are only playedon Saturdays, this would prevent staff with certain religious beliefs from taking part in thecompetition. Although it may not have been the intention of the golf Business, the effectis the less favourable treatment of staff on the grounds of religion or belief, which is aprotected characteristic. This is indirect discrimination.

Actions and Intentions

An action or decision can still be considered discriminatory even if the less favourabletreatment is unintentional. It may not always be obvious to the perpetrator that theiractions are discriminatory. Indirect discrimination is often unintentional, but it is not adefence to an allegation of discrimination to say that the perpetrator did not mean todiscriminate against a person or group.

Discrimination can arise out of actions and decisions but can also arise out of omissionsand failure to take actions or decisions.

Reasonable Adjustments

Everybody to whom this Policy applies is under a duty to make reasonable adjustments toavoid discriminating against any individual or group with the Protected Characteristic ofDisability.

The duty is to make reasonable adjustments. It is not unreasonable for adjustments tocost time, money, or other resources. However, an adjustment may not be reasonable ifthe cost is disproportionately high or making the adjustment would be unfeasible. Theresources required to make an adjustment are an important factor to be considered indeciding whether an adjustment is reasonable.

Positive Action

It can be lawful to make decisions that discriminate on the basis of a ProtectedCharacteristic in very limited and exceptional circumstances, if the discrimination is a‘Positive Action’ taken in order to address an underrepresented group or ProtectedCharacteristic. Positive Actions must be reasonable, justifiable, and clearly linked to alegitimate aim. Where a Business decides to take Positive Action in respect of anunderrepresented group, it should carefully record its decision making and the evidence ithas considered, and review the practice regularly to ensure that the Positive Action doesnot continue for longer than reasonably necessary.

Examples

In a golfing context, some examples of discrimination might include:

• Not allowing the use of golf buggies, as this increases the cost of maintaining thecourse. Permitting the use of golf buggies may be a reasonable adjustment, andthe increased course maintenance costs are a factor to be assessed in decidingwhether or not the adjustment is reasonable.
• Restricting the number of tee times available to women during peak hours at a golfcourse. Whilst it may be permissible to limit access to the course at certain times,for example to allow a competition to be played, a Business will need to be certainthat it is providing equal opportunity to access the course for various groups.
• Not allowing competitions to be played on alternate days to accommodate forcertain religious beliefs.
• B. Harassment
• Harassment is defined in section 26(1) of the Equality Act 2010. Harassment occurs wherea person engages in unwanted conduct related to a Protected Characteristic (outlined inthe Equality Act 2010), which has the purpose of either:

• Violating the other person’s dignity; or
• Creates an intimidating, hostile, degrading, humiliating or offensive environment
• for the other person.
  In determining whether conduct amounts to harassment, regard is had to:

• The perception of the victim
• Whether it is reasonable for the conduct to have the perceived effect
• The wider circumstances of the matter.
• Sexual Harassment
• Sexual harassment occurs where a person engages in unwanted conduct of a sexualnature, and the conduct has the purpose or effects outlined above.
• One Off Incidents
• A single, isolated, or one-off incident can still amount to harassment. The key considerationis the purpose or effect of the conduct.

Protection from Harassment Act 1997

Harassment can still occur even if it not based on a Protected Characteristic. The Protectionfrom Harassment Act 1997 made it a civil, and sometimes a criminal, offence to carry outa course of conduct that amounts to harassment.

Examples

In a golfing context, some examples of unlawful harassment might include:

• Employees making unwanted or inappropriate contact with colleagues at a golf Business or facility.
• Targeting disabled golfers using buggies and demanding to see proof of a disability where this is not required by the terms of a competition, for example.
• Disproportionate and public criticism or sanctioning of an individual’s behaviour by an organisation for irrelevant or personal reasons. A clear disciplinary procedurewill help to ensure that those facing disciplinary action at a Business are treatedfairly.
• C. Victimisation
• Victimisation is defined in section 27(1) of the Equality Act 2010.
• Victimisation occurs where a person suffers a detriment because they do a protected actor are believed to have done a protected act.
• Protected Act
• A protected act includes making a complaint (whether in writing or not, formally orinformally) or bringing legal proceedings under the Equality Act 2010 in relation todiscrimination, harassment, bullying, or any other issue related to equality, diversity orProtected Characteristics.
• Detriment
• A detriment can be any less favourable treatment, including direct acts such assuspensions, fines, sanctions, and verbal and physical aggression.
• It is not necessary to show that somebody is being treated less favourably than somebodyelse who did not do a protected act, only that they have been subject to a detrimentbecause of a protected act.

Examples

In a golfing context, some examples of unlawful victimisation include:

• Initiating disciplinary proceedings against a person as a result of making a complaint about discrimination or harassment.
• Ignoring a person’s valid input into the management of a Business or county after that person has made a complaint.
  De-selecting a player from a squad or team because that person has made acomplaint.
• 8. Further guidance and support
• You can find further information from the following sources:

• England Golf ED&I pages on website
• England Golf Equality Guidance
• equalityhumanrights.com/en

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