About C2E The C2E accreditation has been achieved by over 2000 organisations. Initially launched in 2006, C2E is the only SFEDI accredited Equality and Diversity standard, 80% of organisations achieve accreditation in 8 weeks and 92% in 12 weeks. These timeframes can be met even if the client has no Equality and Diversity material in place at the outset as all tools and materials can be provided by C2E. Typically there are about 15 man-hours of time that the internal champion needs to allocate to the accreditation process. C2E is not expecting that in 8-12 weeks the organisation will have achieved a complete culture change, but rather that it is embarking upon a journey to bring about cultural change. There is. provision for continuous improvement and an expectation that the accredited organisation will undertake to adopt such a strategy. The C2E Delivery Model The c2e Process SEs sep [15750 atoaiege an & suppor z Tenity non-compliance including | guy Carry outa Review he ee ‘wainingweaknesses f Ey Develop action planto correct | nomcompaarcesanaranmy | ammp| "reuemayiaien one sae ‘C2eto cany out on-site auditand review results| a + B0% score ge Netion sity AssuredAccreditation The impact of the Equality Act 2010 ~ (source enc code of Practice on Services, Public Functions and Associations - 2011) The Equality Act 2010 consolidates and replaces the previous discrimination legislation for England, Scotland and Wales. The Act covers discrimination because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. These categories are known in the Act as ‘protected characteristics’ Different areas of activity are covered under different parts of the Act. Part 3 of the Act, relevant to this consultation document, deals with discrimination in the provision of services and the exercise of public functionsPart 3 is based on the principle that people with the protected characteristics set out in the Act should not be discriminated against when using any service provided publicly or privately, whether that service is for payment or not. This does not necessarily mean that service providers should treat everybody in exactly the same way; in some circumstances a service provider will need to provide services in a different way to meet the needs of people for example, positive action, single sex services and disabled people so that they can receive the same standard of service as far as this is possible. While all service providers have the same legal duties under Part 3 of the Act, the way that these duties are put into practice may be different. Small service providers may have more informal practices, have fewer written policies, and may be more constrained by financial resources. Large and small service providers may carry out their duties in different ways. However, no service provider is exempt from duties under Part 3 because of size. Who has obligations under the provisions of the Act? In practice, more than one obligation under the Act may be relevant to a person or organisation. For example, those exercising public functions may also be providing services to the public, or a section of the public, and will in those respects be subject to the duties imposed on service providers, as, well as on those exercising public functions. ‘The Act imposes obligations on everyone concerned with the provision of services to the public, or toa section of the public, whether in the private, public or voluntary sectors. It does not matter if services are provided free of charge, such as access to a shopping mall, or in return for payment, for ‘example, a meal in a restaurant. Under the Act, the provision of services to the public includes the provision of goods or facilities. The Act imposes obligations on any person who exercises public functions as defined in the Act. The public function provisions apply in relation to a function of a public nature, exercised by a public authority or another person (including a private organisation), where the function is not covered by the services, premises, work or education provisions of the Act. It is unlawful to discriminate against or harass someone after a relationship covered by the Act has. come to an end, where the treatment arises out of and is closely connected to a relationship which used to exist between them; and which would have been prohibited if the relationship was still continuing. A person will be able to enforce protection against discrimination or harassment as if they were still in the relationship which has ended. Example: A builder addresses abusive and hostile remarks to a previous customer because of her race after their business relationship has ended. This would be harassment. ‘The Act makes employers legally responsible for acts of discrimination, harassment or victimisation committed by their employees in the course of employment. Principals (including employers) are also liable for such acts committed by their agents while acting under the principal's authority. It does not matter whether the employer or principal knows about or approves of the acts of their employee or agents. sHowever, the good news is that an employer will not be liable for unlawful acts committed by their employees in the course of employment where the employer has taken all reasonable steps to prevent such acts, and an externally verified accreditation would constitute a robust defence. Service providers are more likely to be able to comply with their duties under the Act and prevent ‘their employees from discriminating against service users or customers if they take the following steps: + establish a policy to ensure equality of access to and enjoyment of their services by potential service users or customers from all groups in society + communicate the policy to all staff, ensuring that they know that itis unlawful to discriminate when they are providing services + train al staff, including those not providing a direct service to the public, to understand the policy, the meaning of equality in this context and their legal obligations + monitor the implementation and effectiveness of the policy + address acts of discrimination by staff as part of disciplinary rules and procedures + ensure that performance management systems address equality and non-discrimination ‘+ maintain an easy to use, well-publicised complaints procedure + review practices to ensure that they do not unjustifiably disadvantage particular groups, and + consult customers, staff and organisations representing groups who share protected characteristics about the quality and equality of their services and how they could be made more inclusive. ‘Adopting and achieving the C2E accreditation will efficiently assi simple and cost-effective way. achieving these steps in a Provision of services under the Act A provider of services is anyone who is concerned with the provision of services to the public, or toa section of the public, whether or not for payment. Services include the provision of goods and facilities. Services are covered regardless of whether they are provided by a private, voluntary or public body. ‘Thus, for example, the provision of domiciliary care or the running of residential homes will be subject to these provisions whether provided by a private body or local authority. A service to the public might appear to be provided by more than one service provider. In such a case, it may be important to identify who is actually responsible for providing the service which has given rise to the alleged discrimination. In some cases, liability under the Act may be shared among a number of service providers. Itis possible, for example, for two service providers to have full liability, and any obligations must be met by those providers. Its irrelevant how they decide between themwhat to do in order to meet their duties; what is important is that the obligations under the Act are in fact met. This is likely to be of particular importance in relation to the duty to make reasonable adjustments for disabled people. ‘There is a strong case in this instance where the C2E accreditation of a company’s supply chain is carried out to ensure the requirements of the Act are met, or at least that the company has taken all reasonable steps to ensure compliance with the Act. Enforcement ‘The unlawful acts that the civil courts can remedy include: * Direct discrimination; * Indirect discrimination; * Discrimination arising from disability; + Pregnancy and maternity discrimination; « Failure to make reasonable adjustments for disabled persons; Harassment; and + Victimisation. A claimant or pursuer alleging they have experienced an unlawful act must prove facts from which a court could decide or draw an inference that such an act has occurred. A court will hear all of the evidence from the claimant (or pursuer) and the defendant (or defender) before deciding whether the burden of proof has shifted to the defendant. If a claimant or pursuer has proved facts from which a court could conclude that there has been an unlawful act, then the burden of proof shifts to the defendant or defender, To successfully defend a claim, the defendant or defender will have to prove, on the balance of probabilities that they did not act unlawfully. If the defendant or defender’s explanation is, inadequate or unsatisfactory, the court must find that the act was unlawful Damages Damages may include compensation for injured feelings (whether or not it includes compensation (on any other basis). An award of damages can include any loss the claimant or pursuer has suffered. In England and Wales the award can include aggravated damages which may be awarded when the person committing the unlawful act has behaved in a high-handed, malicious, insulting or ‘oppressive manner in doing so. These damages are additional compensation for injured feelings. The average cost to an organisation for a tribunal, whether it wins or loses, is £10,000 (ACAS). According to the Government the hidden cost of E&D to each and every organisation, franchisee or unit is £7,000 per year,Summary The Equality and Human Rights Commission (EHRC) has been tasked with enforcing the Act and the Public Sector Equality Duty (PSED}. Staying the right side of the Law Equality proofing # It's about what you do, not about what you say The risk isin the transition from policy to practice so: © know what you do ‘© engage the staff in the process ‘train staff~ their knowledge is your defence ‘* measure what matters - what drives change ‘* measure consistently ~ don’t chop and change © change is not instant Equality and Diversity is no longer tick box or specialist subject * It's about what everyone does and for everyone taking responsibility for it © It’s about being clear in what you want to achieve and what matters © It’s about being clear about the outcomes and the measures # It’s about accepting that your customers have different needs and being open and flexible in delivery of service ‘Supply chain ‘© Outsourcing does not get rid of your duties, you are responsible for what your service providers do * vicarious liability © make sure they know your equality and diversity requirements (© look for proof, not words © Ifyou're part of the contract, you're part of the duty Workmen rarely have a toolbox with just one hammer in it, so don’t rely on just one tool or scheme —you may need more ae‘TERMS & CONDITIONS OF BUSINESS (A) “Equilibrium Network” and “ENL"shall mean Equilibrium Network Limited, trading address: 76 King Street, Potton, Sandy, Beds., SG19 2QZ. Registered address: Wren House, 68 London Road, St. Albans, Herts., ALL 1NG (8) “The Client” or “organisation” shall mean the other party to this Agreement who acknowledges that it/he/she has had the opportunity of reading this Agreement and has agreed to be bound by its ‘terms by signing the Application Form for Accreditation, RECITAL (1) Equilibrium Network is engaged to arrange advice and assessments of those businesses wishing to be recognised as meeting the requirements of the Committed to Equality (C2E) Accreditation. (2) The Client has requested Equilibrium Network to arrange for an Accreditation of the Client to be carried out on the following terms and conditions:- 1. Interpretation “ACKNOWLEDGEMENT LETTER” means the letter sent by Equilibrium Network to the Client which acknowledges the Clients application and consent to be bound by the Agreement. “AGREEMENT” means the Application Form for Accreditation, the Terms and Conditions of Business, the Vour Obligations Committed to Equality accreditation “ASSESSOR” means either an approved Committed to Equality Advisor/Assessor, appointed by Equilibrium Network to carry out the Assessment “ASSESSMENT” means the process of establishing whether the Client satisfies the requirements of the Committed to Equality Standard and shall include the Services as detailed in clause 3 hereof “CONFIRMATION OF FEES LETTER” means the letter which is produced to the Client which sets out the fees “FORCE MAJEURE” means, in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, any strike, lock-out or other industrial action) “SERVICES FEE” means the fee as set out in the Confirmation of Fees Letter for the Services to be provided under this Agreement “SITE(S)” means the site which the Assessor conducts the Accreditation as confirmed by the Client “SITE DATE” means the date the Assessor obtains evidence from the Client against the Standard “STANDARD” means the Committed to Equality Standard “OUTCOME” shall have the meaning set out in clause 2.2, 22. Duration 2.1 This Agreement shall commence at the date the Application Form for Accreditation has been signed and dated by the Client and shall cease upon an Outcome being obtained or this Agreement being terminated pursuant to clause 5. 2.2 An Outcome shall be either of the following: 2.2.1 the Assessor judges that the Client does not yet meet, or continue to meet the Committed to Equality Standard or 2.2.2 the Assessor judges that the Client does meet or continues to meet the Committed to Equality Standard 3. Obligations of Equilibrium Network 3.1 Equilibrium Network will upon receiving the Client's request for an Assessment:- 3.1.1 Take initial action to organise the Accreditation which shall include (but not be limited to) appointing an Advisor and Assessor from Equilibrium Network's register of Advisors and Assessors which will satisfy the requirements of Committed to Equality Limited 3.1.2 appoint the Assessor having regard to the Client's requirements with a view to ensuring that the Client and Assessor are well matched; 3.1.3 Provide support to both the Client and the Advisor and Assessor throughout the Assessment, and in particular respond in such a way as Equilibrium Network may feel appropriate 3,2 If at any time there is a dispute that arises between the Client and the Advisor or Assessor then Equilibrium Network will endeavour to resolve that dispute 3.3 In the event of any delay occurring in the delivery of the Assessment service Equilibrium Network will consult the Client and where that delay appears to be unreasonable and in any event, exceeds 72 hours in duration Equilibrium Network will use its reasonable endeavours to appoint a new Assessor to complete the Assessment. 3.4 Equilibrium Network agrees to treat as secret and confidential and not at any time (except as is, expressly authorised by the terms and conditions of this Agreement) to disclose any information relating to the Client that has been passed to Equllibrium Network and is expressed to be lential 4 nt’s Obligations 4.1 To assist the Assessment process in whatever way reasonably required by Equilibrium Network to ensure that Assessment can take place and in particular (but without limitation to the foregoing): - to ensure that Equilibrium Network is fully informed of the Client's requirements for the Assessment B- to provide the name and address and daytime telephone number of the person who is responsible for the Committed to Equality programme - to allow the Assessor ready access during normal working hours to all personnel of the Client at the site(s) - to allow the Assessor full access to the Client’s written evidence and other documentation on Site collated to support the Client’s application for the Committed to Equality award - to assist in any quality surveys undertaken by Equilibrium Network to establish the level of service given by Equilibrium Network and by the Advisor or Assessor 4.2 The Client shall advise the Assessor of the rules and regulations which are then in force for the conduct of visitors at the Site(s) 4,3 The Client shall pay the fees of Equilibrium Network in respect of the Services thirty- days from date of the submission of the self-evaluation form to the client. For large Assessments Equilibrium Network reserves the right to raise interim invoices for its Services at appropriate stages of the Assessment process. All fees are subject to VAT at the prevailing rate at the time of invoice. 4.4 The Client shall not solicit or entice away or attempt to solicit or entice away from Equilibrium. Network a person who is currently employed by Equilibrium Network or employ or otherwise ‘engage a person who is, or during the past 12 months was, employed or otherwise engaged by Equilibrium Network. 4.5 Pursuant to clause 5.4 and 5.5 below, the Client may be required to pay, at Equilibrium Network's discretion, a termination fee in the event that the Client terminates this Agreement after the expiry of 10 business days as set out in clause 5.2 5, Termination 5.1 Subject to payment of Equilibrium Network of the Assessment charges this Agreement shall terminate automatically upon delivery of an Outcome. 5.2 The Client may terminate this Agreement without liability to Equilibrium Network on giving written notice to Equilibrium Network within three business days of the date of the Confirmation of Fees Letter 5.3 If the Client terminates this Agreement in writing after the expiry of three business days as set out in clause 5.2 above, then the Client shall pay Equilibrium Network on demand, 100% of the Services Fee plus VAT as set out in the Confirmation of Fees Letter by way of liquidated damages. Both the Client and Equilibrium Network acknowledge that this represents a genuine pre-estimate of the loss that Equilibrium Network would suffer as a result. 5.4 Equilibrium Network shall not be required to fulfil its duties and obligations under this ‘Agreement if Equilibrium Network is prevented from fulfiling its duties and obligations by any acts or omissions of the Client. 145.5 Equilibrium Network shall have the right to terminate this Agreement if, having raised an interim invoice for its services, the invoice remains unpaid for 30 days thereafter. 5.6 Without prejudice to any other rights of Equilibrium Network if the Client fails to pay the invoice price by the due date the Client shall pay interest on any overdue amount from the date on which payment was due to that on which it is made (whether before or after judgement) on a daily basis at a rate of 4 per cent per annum over the base rate from time to time quoted by Lloyds TSB Bank Limited and reimburse to Equilibrium Network all costs and expenses (including legal costs) incurred in the collection of any overdue amount 5.9 The exercise of Equilibrium Network of any right to terminate this Agreement shall not prejudice Its right to receive payment for any work carried out by Equilibrium Network prior to that date and such termination, 6. Liability 6.1 This clause 6 sets out the entire financial liability of Equilibrium Network (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Client in respect of: ~ any breach of this Agreement; - any use made by the Client of the Services; and = any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement. 6.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. 6.3 The Client acknowledges and accepts that where the Services are required to be changed to comply with either health and safety regulations or to satisfy any legal requirements, Equilibrium Network shall not be liable for breach of this Agreement. 6.4 Where the Assessor is an independent contractor, Equilibrium Network shall not be liable for any act or omission of the Assessor save where such liability arises directly as a result of Equilibrium Network's own negligence. 6.5 Nothing in this Agreement limits or excludes the liability of Equilibrium Network: -for death or personal injury resulting from negligence; or -for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by Equilibrium Network. 6.6 Subject to clause 6.1 and clause 6.2: 6.6.1 Equilibrium Network shall not be liable for: loss of profits; 15,- loss of business; - depletion of goodwill and/or similar losses; - loss of contract; - loss of corruption of data or information; or - any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; 6.6.2 Equilibrium Network's total lability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Services Fee, 6.7 Ifeither party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question. 6.8 Neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this ‘Agreement, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly 7. Governing Law 7.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. 7.2.The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter. 8. Entire Agreement 8.1 This Agreement embodies and sets forth the entire Agreement and understanding of the parties and supersedes all prior oral or written agreements understandings or arrangements relating to the subject matter of this Agreement. 9. Notice 9.1.1 Any notice to be given under this Agreement shall be in writing and shall be deemed to have been duly given if left at or sent by first class post, registered post or facsimile or other electronic media to a party at the address or relevant telecommunication number for such party or such other address as the party may from time to time designate by written notice to the other. 9.1.2 Any notice or other document shall be deemed to have been received by the addressee two working days following the date of despatch of the notice of other document by post or, where the 16notice or other document is sent by hand or is given by facsimile or other electronic media simultaneously with the delivery or transmission 10. Severance 10.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part- provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected. 10.2 Ifa provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. 11. Assignment 11.1 The Client shall not, without the prior written consent of Equilibrium Network, assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement. Equilibrium Network Limited For and on behalf of Client Signature: Name and Position Date For and on behalf of Equilibrium Network Limited Signature: Name and Position Date 7