Equality, diversity and inclusion (EDI) policy, incorporating reasonable adjustment

PDF version of the policy

Contents

• 1. Purpose
• 2. Policy statement
• 3. Scope
• 4. Legal requirements
• 5. Definitions
• 6. Aims
• 7. Points relevant to this policy
• 8. Organisational responsibilitiess
• 9. References to related policies
• 10. Fraud risk considerations
• 11. Contact
• 12. Consulted

1. Purpose

1.1. This policy underpins Norwich City Council’s Equality, Diversity and Inclusion (EDI) Strategy 2024/27, adopted by Cabinet in January 2024. It seeks to enable the successful delivery of this strategy by providing a comprehensive set of guidelines that will support appropriate decision-making and inform the actions and behaviours of all those connected to the delivery of the council’s remit in an equalities context.

1.2. It also supports the Norwich 2040 City Vision – notably under its ‘A Fair City’ theme, and the council’s community-led plan 2024-29 ‘We Are Norwich’, notably under its ‘A Fairer Norwich’ priority.

2. Policy statement

2.1. Norwich City Council is strongly committed to eliminating unlawful discrimination, harassment and victimisation; to advancing equality of opportunity; and to fostering good relations between those that share a protected characteristic and those who do not, as detailed under the Public Sector Equality Duty in section 149 (1) of the Equality Act 2010.

2.2. The council acknowledges the positive contribution those with protected characteristics can and do make to the vibrancy of Norwich, as well as that of other groups it has identified as vulnerable to disadvantage, and seeks to ensure that nobody in Norwich experiences discrimination because of a perceived difference.

2.3. The council will therefore continue to take a proactive role to reduce inequalities, remove barriers to participation and promote accessibility for all through the delivery of fair and accessible services, in its role as an employer, a contractor of goods and services and a community leader, and in the deployment of its assets, funds and influence.

2.4. In addition, and in accordance with the above, the council is committed to ensuring that reasonable adjustments are put in place where a facility, process, practice or service that the council provides puts someone with a disability at a substantial disadvantage compared to someone who is not disabled. This includes service users, employees, job applicants and anyone who interreacts with the council in any way. Specifically, and in accordance with our duty under the Equality Act 2010, reasonable adjustments will be made for those with physical, mental and/or learning disabilities. In addition, the council will endeavour to consider adjustments for other groups falling within the scope of this policy on a case-by-case basis (as identified in items 3.3 to 3.5 below). 

2.5. The council’s commitment to equality diversity and inclusion is delivered through this policy and:

2.5.1. The council’s Equality Diversity and Inclusion Strategy 2024-27
2.5.2. The council’s community-led plan (‘We Are Norwich’)
2.5.3. The city’s shared Norwich 2040 City Vision

3. Scope

3.1. This policy applies to councillors and all permanent and temporary employees of Norwich City Council, and includes any contractors, agency staff, volunteers or visiting professionals engaged to provide services on the council’s behalf.

3.2. Where the council has influence – for example – amongst its partners and stakeholders, or the organisations it commissions, funds and/or supports, the policy should also apply.

3.3. The policy seeks to protect and enable the groups cited in 3.1 and 3.2 above, the council’s service users, Norwich residents and all who work in or visit the city. Across these groups, the council seeks to tackle discrimination, harassment and victimisation arising from the following protected characteristics as defined within the Equality Act 2010:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including colour, nationality and ethnic or national origins)
• Religion or belief
• Sex 
• Sexual orientation.

3.4. As well as its commitment to the Public Sector Equality Duty and the nine protected characteristics listed above, the council’s aspirations go further to also apply to:

• Refugees and migrants
• Those who have served or continue to serve in our Armed Forces 
• Those experiencing socio-economic disadvantage and
• Those facing inequalities on the grounds of health.

3.5. We are also committed to ending the “class ceiling” which creates structural injustices, socio-economic barriers to ambitions, and disrespect for the value, dignity and voice of all, regardless of background and/or occupation.

3.6. The council also seeks to make reasonable adjustments for those with physical, mental or learning disabilities.

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4. Legal requirements

4.1. This document meets the council’s obligations under the following legislation:

4.1.1. The Equality Act 2010, which introduced the Public Sector Equality Duty, protects people from discrimination and promotes equality of opportunity for all.

4.1.2. The Equality Act 2010 (Specific Duties) Regulations 2011, which require public authorities to publish information to demonstrate how they are complying with the Public Sector Equality Duty.

4.2. The Equality Act 2010 provides a framework of protection from discrimination, victimisation and harassment. It requires that public authorities give consideration to the needs of all individuals in their day-to-day work, be that in shaping policy, in the delivery of services or in relation to employees. As per the legislation, Norwich City Council aims to meet its legal requirements by having due regard to the need to:

• Eliminate unlawful discrimination, harassment, victimisation and other conduct that is prohibited by the Equality Act 2010.
• Advance equality of opportunity between people who share a protected characteristic and people who do not share it.
• Foster good relations across all characteristics – between people who share a protected characteristic and people who do not share it.
• Anticipate and make any changes that may be considered reasonable to its approach, provision of facilities and services, and practices, policies and processes to ensure that they are accessible for those with physical, mental or learning disabilities. 

4.3. Under the Equalities Act 2010 (Specific Duties) Regulations 2011, public authorities must publish information to demonstrate their compliance with the Public Sector Equality Duty, their gender pay gap and at least one specific and measurable equality objective. As per the regulations, the information report and gender pay gap must be published annually:

4.3.1. Norwich City Council Gender Pay Gap
4.3.2. Norwich City Council Equality Information Reports

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5. Definitions

5.1. Equality, diversity and inclusion mean different things to different people. In our Equality, Diversity and Inclusion Strategy 2024/27, we define these as: 

Equality

Ensuring that every person has an equal opportunity to make the most of their lives and talents. It is also the belief that no one should have poorer life chances because of who they are, where they come from, or what they believe.

Diversity

Having a range of people with various backgrounds, circumstances, lifestyles, experience and interests, in line with the variety of people that make up society.

Inclusion

The sense of belonging: feeling respected, having a voice and being valued for who you are; feeling a level of supportive energy and commitment from others so that you can do your best.      

5.2. Types of discrimination under the Equality Act 2010: an overview is given in the table below with links to the Act given in the first column where these are available.    

Types of discrimination	Prohibited conduct
Direct discrimination	Treating a person less favourably than others are or would be treated “because of” a protected characteristic.
Indirect discrimination	A policy, practice or procedure that is put in place that appears to treat everyone equally but, in practice, is less fair to those with a certain protected characteristic.
Discrimination arising from a disability	Unfavourable treatment because of something in connection with an individual’s disability which cannot be justified as a proportionate means of achieving a legitimate aim.
Discrimination through perception	Being treated less favourably because an individual is perceived to possess a protected characteristic, regardless of whether they do or not.
Discrimination by association	Being treated less favourably because of an association with someone who possesses a protected characteristic, even though that individual may not have that characteristic
Victimisation	Subjecting an individual to a detriment because they have, in good faith, undertaken a “protected act”, or are suspected of having done so or of intending to do so. A ‘protected act’ includes bringing proceedings under the Act; giving evidence in connection with proceedings; and/or making an allegation that another person has done something in breach of the Act.
Harassment	There are three forms of behaviour that may be considered to be harassment. They are: •    Harassment related to a relevant protected characteristic. •    Sexual harassment. •    Less favourable treatment because someone submits to or rejects sexual harassment or harassment related to sex.

5.3. The nine protected characteristics under the Equality Act 2010: an overview is given in the table below of the characteristics protected by the Act. Further guidance on protected characteristics may be found on the Equality and Human Rights Commission website.

Age

Age is defined in the Act as a person belonging to a particular age group. An age group can mean people of the same age or people of a range of ages. Examples include a group of people aged 18-years-old, or a group of under 25s.

Disability 

Disability is defined as any person who has a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities. A long-term impairment means the condition has lasted, or is likely to last, for at least 12 months or for the rest of the person’s life.

Physical or mental impairment includes sensory impairments such as those affecting sight or hearing; those related to an injury; a long-standing condition such as diabetes and non-visible disabilities such as dyslexia or mental ill health. 

The Act also protects carers who cannot be discriminated against because of their association with a disabled person.

Gender reassignment

Gender reassignment is the process of transitioning from one gender to another. Those who are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning their sex, by changing physiological or other attributes of sex, have the protected characteristic of gender reassignment.

To undergo gender reassignment usually means to undergo some sort of medical intervention, but it can also mean changing names, pronouns, dressing differently and living in their self-identified gender.

Marriage and civil partnership

Marriage and civil partnerships are entered into by a man and a woman or a couple of the same sex. 

Civil partners must not be treated less favourably than married couples (except when permitted by the Act).  

The Act only protects individuals from discrimination at work because of their marital or civil partnership status. Those who are single, living with someone as a couple (but not married or in a civil partnership), engaged to be married but not married, or divorced (or a person whose civil partnership has been dissolved) do not share this protected characteristic.

Pregnancy and  maternity

It is unlawful discrimination to treat a person unfavourably because of pregnancy or a related illness during a ‘protected period’, or because that person is exercising, has exercised or is seeking or has sought to exercise their right to maternity leave. 

A ‘protected period’ is from when a person becomes pregnant and continues until the end of the maternity leave period, (or if earlier) when that person returns to work after the pregnancy. 

This includes a right not to be disadvantaged or subjected to any detriment as a result of taking or seeking to take shared parental leave, noting that employees have the right to return in accordance with shared parental leave regulations.

Race (ethnicity)

A racial group can be made up of two or more distinct racial groups.

Examples of race include:

• Colour 
• Nationality (or citizenship) 
• Ethnic or national origins including being, for example, from a Roma background or of Chinese heritage.

Religion or belief 

The term ‘religion’ includes commonly recognised religions in the UK. ‘Belief’ means any religious or philosophical belief including having no religion. In general terms, a belief should affect life choices or the way a person chooses to live.

Sex (gender)

Sex (or gender) does not include sexual orientation.

Sexual orientation 

Defined as sexual orientation towards the following groups (or lack thereof):

• Persons of the same sex (a gay man or a lesbian);
• Persons of the opposite sex (heterosexual); 
• Persons of either sex (bisexual); or
• No sexual orientation towards other people (asexual).

Sexual orientation relates to how people feel about their sexual orientation as well as their actions.

5.4. Situations in which a person is protected from discrimination: 

Under the Equality Act 2010, a person is protected from discrimination across all areas of Norwich City Council’s work. This includes:

• As an employee of the council, including:
  • all permanent and temporary employees
  • contractors, agency staff, volunteers or visiting professionals engaged to provide services on the council’s behalf.

• As a user of our services, including accessing:
  • social housing (for example as an applicant or resident)
  • licensing
  • parks and gardens
  • cultural events and leisure activities
• When interacting with the council by any means including email, telephone and in-person visits
• As a recipient of benefits and/or other support

5.5. Positive action/genuine occupational requirement

A difference in treatment may be lawful in limited certain circumstances.

The positive action provisions in the Equality Act 2010 allow employers to take action that may involve treating one group that shares a protected characteristic more favourably than others, where this is a proportionate way to enable or encourage members of that group to:

• Overcome or minimise a disadvantage.
• Have their different needs met.
• Participate in a particular activity.

Any group of people who share a protected characteristic is within the scope of positive action if there is a reasonable belief that they suffer a disadvantage connected to their characteristic, have different needs, or are underrepresented in a setting.

Further guidance on positive action in the workplace may be found on the equality section of Government's website.

5.6. Reasonable adjustments

The Equality Act 2010 states that there is a duty to make reasonable adjustments if someone is placed at a substantial disadvantage because of their disability compared with non-disabled people or people who do not share that disability. Substantial disadvantage is defined as ‘more than minor or trivial’. 

Reasonable adjustments can mean alterations to buildings by providing lifts, wide doors, ramps and tactile signage, but may also mean changes to policies and procedures or the delivery of staff training to ensure that what the council does and provides puts no disabled person at a substantial disadvantage. 

Reasonable adjustments apply to the council both in its role as an employer and a service provider. It should not wait and respond to difficulties as they emerge but think what is likely to be needed in advance, with any costs relating to adjustments wholly borne by the council. 

Reasonable adjustment applies:

• Where there is a provision, criterion or practice which puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled. 
• Where a physical feature puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled.
• Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in comparison with persons who are not disabled. 

In addition to its legal duty regarding disabled people, the council will consider reasonable adjustments for all groups covered by this policy on a case-by-case basis. 

If an organisation does not co-operate with the duty to make reasonable adjustments, under the Equality Act 2010, it could constitute unlawful discrimination and result in a discrimination claim under the Act.

6. Aims

6.1. Norwich City Council’s equality, diversity and inclusion aims are described in its Equality, Diversity and Inclusion Strategy 2024/27. These are strategic and overarching aims that define the scope and intentions of the council in this context. The aims are as follows:

Aim 1 

Norwich City Council is an inclusive place to work 
It is important that we have a culture that has inclusion and equality at the heart of everything we do. This is not just about the council’s role as an employer: we need to be a genuinely inclusive organisation in order to achieve our other aims.

Aim 2

Our services will be joined up, accessible and inclusive
The council has duties and powers to provide a wide range of services in an inclusive way. Many of these services can play a role in creating a more level playing field for people who face inequality or exclusion.

Aim 3

Norwich is a fair city where people facing inequality can share in and contribute to the city’s success
Ensuring that all communities share in the city’s success is a core part of the vision set out in our community-led plan. Many of the challenges we face need action by a range of partners and the council has a leading role to play in bringing together organisations across the private, public, and voluntary sectors to tackle inequalities and exclusion across Norwich.  

6.2. Going forwards, specific and measurable objectives will be highlighted within in our forthcoming Equality Diversity and Inclusion Action Plan which will articulate how we seek to deliver our Equality, Diversity and Inclusion Strategy 2024/27. Progress against these objectives will be reported in our annual Equality Information Reports.

6.3. The aims described above also support the Norwich 2040 City Vision – notably under its ‘A Fair City’ theme, and the council’s community-led plan 2024/29 ‘We Are Norwich’, notably under its ‘A Fairer Norwich’ priority.

7. Points relevant to this policy

7.1. Our ambition for Norwich
We live in an unequal society and that inequality causes vastly different outcomes for different individuals, groups and communities. Against that backdrop, we want Norwich to be as fair, kind, accessible, and inclusive a city as possible. We will work with our partners to make Norwich the best it can be for everyone, recognising that different people and communities have different needs, so it’s a city where everyone: 

• Feels they belong.
• Is respected. 
• Has a voice. 
• Has the chance to succeed and thrive.

7.2. Our ambition as an organisation
We want to be an organisation that makes a real difference for the people of Norwich by: 

• Showing respect and kindness to everyone. 
• Giving the most help to the people who need it the most. 
• Continuing to learn and improve.
• Focusing on prevention and early intervention. 

As a public sector body, we have a legal obligation under the Equality Act 2010 to have ‘due regard’ for advancing equality. This includes eliminating unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act, advancing equality of opportunity between people who share a protected characteristic and people who do not, and fostering good relations between people who share a protected characteristic and people who do not. 

However, our Equality, Diversity and Inclusion Strategy 2024/27, which sets out our aims in an equalities context as described above, goes beyond this legal duty. It reflects our strong commitment to equalities, fairness and social justice, which has been the basis of our ambition to reduce socio-economic and health inequalities in Norwich. We have been working towards this for many years. We take action to address inequality and hold ourselves and others accountable for this and will continue to do so. This new strategy sets out the priorities that will shape the new actions we will take over the next few years, in addition to all the existing work which the council continues to do day-to-day.

7.3. Our plans:
Our community-led plan (We Are Norwich) and Equality, Diversity and Inclusion Strategy 2024-27, as well as our Norwich 2040 City Vision, set out the new things we will do over the next few years in addition to all the existing work we will continue to do day-to-day. The community-led plan’s ‘A Fairer Norwich’ priority and the Vision’s ‘A Fair City’ theme detail the outcomes we seek to achieve in an equality, diversity and inclusion context. 

An Action Plan that will identify the ways in which we will realise the aims of our strategy, and the outcomes we seek to achieve under We Are Norwich and the Norwich 2040 Vision, is under development and will be published later in 2024.

A performance framework developed for our community-led plan, under its ‘A Fairer Norwich’ priority, will be adopted as a means to report progress against our equality, diversity and inclusion aims and the action plan, now and in the future. Progress will be reported in our annual Equality Information Report.

7.4. Duration
This policy covers the 3-year period of 2024-2027. During this time, work will take place on developing the Action Plan that will support our new Equality, Diversity and Inclusion Strategy 2024/27, and on a revised strategy and policy for delivery in 2027 with these being informed by:

• Engagement and consultation with communities, partners and employees
• A council-wide equalities review
• Our community-led plan 2024/29 – We Are Norwich
• Norwich 2040 City Vision 
• National equalities legislation, guidance and best practice
• Evaluation of the 2024-2027 Equality, Diversity and Inclusion Strategy, Policy and Action Plan.

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8. Organisational responsibilities

8.1. Governance

8.1.1.  Cabinet will:

• Ensure that the equality information as set out in this policy is published and communicated throughout the council, and that it is reviewed and updated at least once every three years.
• Delegate responsibility for monitoring the achievement of the objectives contained within the forthcoming EDI Action Plan to the Executive Leadership Team.
• Review progress made relating to equality, diversity and inclusion annually, as reported to cabinet through the Equality Information Reports.

8.1.2. The council’s Equality, diversity and inclusion lead is the strategy manager. They will:

• Work with equality representatives across the organisation and other relevant officers, to discuss issues and how these are being addressed.
• Promote knowledge and understanding of our equality objectives and strategic aims amongst officers and members.
• Maintain a watching brief on appropriate equality and diversity legislation and case law.
• Report back to the Senior Leadership Team and Executive Leadership Team regarding any issues.
• Monitor success in achieving our equality objectives and report back to the Senior Leadership Team and Executive Leadership Team.
• Support HR in identifying any employee and member training needs.
• Meet with cabinet’s portfolio holder for A Fairer Norwich to discuss any issues and progress in achieving our objectives.

8.1.3.  All managers and team leaders are expected to have due regard to this document and to work to achieve our strategic aims as set out above and the objectives to be contained in our forthcoming EDI Action Plan. 

8.1.4.  Where applicable, Equality impact assessments will be undertaken in the following circumstances:

8.1.4.1. When planning or developing a new service, policy or strategy.
8.1.4.2. When reviewing an existing service, policy or strategy.
8.1.4.3. When ending or substantially changing a service, policy or strategy.
8.1.4.4. When there is an important change in the service, policy or strategy, or in the city or at a national level. 

8.2 Service provision

8.2.1. Across our service provision, we will:

• Embed consideration of equality, diversity and inclusion principles in all relevant policies, strategies and plans, and ensure that due regard is given within the built assets and open spaces we manage, as well as the events we host or commission.
• Review and improve the accessibility of our communications to ensure we communicate information clearly using plain language and different formats, such as translated services, large print, or Braille where appropriate.
• Provide a range of communications channels to ensure those without digital access are able to interact with us.
• Make sure all of our services are accessible and ensure that reasonable adjustments are made for disabled persons who may experience substantial disadvantage compared with other users. This covers service users who may have a physical, mental or learning disability,. Such reasonable adjustment includes the provision of information in an accessible format, and the removal, alteration or avoidance of a physical feature, but will cover anything that the council can reasonably do to ensure equal and fair access to its services. 
• Ensure that all new policies and strategies governing the services the council provides include specific reference and provision for reasonable adjustments in the context of that service, amending existing policies and strategies as these are reviewed.
• Assess the needs of, and engage with, disadvantaged and vulnerable groups to ensure services do not negatively impact them.
• Monitor the use of our services.
• Promote positive images to counter discrimination.
• Respond proactively to reports of discrimination and harassment.
• Promote good relations between community groups.
• Monitor policies and procedures to assess their effectiveness for disadvantaged groups.
• Monitor the effectiveness of contractors in their commitment to equalities.
• Consult internally and externally regarding our equality commitments.

8.3 Employment

8.3.1. As an employer we will:

• Ensure that recruitment, retention, redundancy and redeployment policies and processes are fair and transparent.
• Where anticipated, requested or necessary, make reasonable adjustments so that potential barriers are removed for disabled employees, contractors and job applicants. 
• To make such adjustments when:
  • we know, or could reasonably be expected to know, someone is disabled or subject to substantial disadvantage.
  • a disabled staff member or job applicant asks for adjustments
  • someone who is disabled is having difficulty with any part of their job
  • an employee’s absence record, sickness record or delay in returning to work is because of, or linked to, their disability.
• Regularly review our policies and procedures to make sure they comply with legislation and good practice.
• Publicise our commitment to equality to potential job applicants.
• Be robust in our response to complaints of discrimination or harassment from employees.
• Make clear our requirements of employees regarding equality, diversity and inclusivity for all.
• Encourage applications from people with non-standard qualifications and lived experience, that meet the requirements of the job.
• Create a hybrid working environment where employees may work from home and the office, supporting an environment of belonging for employees, subject to business need.
• In conjunction with the above and subject to business needs, offer flexible working arrangements so that employees may better manage their work/life balance and/or manage domestic commitments such as caring for a child or someone with health-related needs.
• Provide our employees with access to training and other council policies so that they have the knowledge to meet with and apply the the requirements of this policy.

8.4. From our employees we expect:

• Adherence to the council’s code of conduct (found within its constitution).
• A workplace environment that respects individual differences and is free from discrimination, harassment, or victimisation.
• The customer to be at the heart of everything we do.
• Consideration always being given to equality in the delivery of services to our customers and all that we do.
• Reasonable adjustments to be made by responsible officers when we anticipate they are needed or we are asked to make them and assess them as appropriate.
• Individuals to treat each other with dignity and respect.
• Inequality to be challenged.
• Equality of opportunity to be promoted.
• Participation in relevant training and learning to ensure knowledge and understanding is developed and up-to-date.

8.5. Monitoring arrangements
The monitoring arrangements for this policy are the council’s Equality Information Reports which will be collated and updated by its strategy team every year, reporting progress on the strategic aims set out above and the objectivescontained within the forthcoming Action Plan.

9. References to related policies

9.1. Equality, diversity and inclusion is a cross-cutting priority for Norwich City Council. As such it is embedded across all relevant council policies. 

9.1.1. See a list of externally published council policies;

9.1.2. For employees seeking other policies relating to equality, diversity and inclusion, please refer to Ask HR on the council’s ‘citynet’ site;

9.1.3. For employees wishing to access the council’s terms and conditions of employment, ‘Single Status’ terms and conditions are also available on Ask HR;

9.1.4. The National Agreement ‘Green Book’ which includes the full, current details of the National Joint Council (NJC) for local government services, covering the pay and conditions for 1.4m local authority employees nationally, is available on the Local Government Association website [subscription required for non-council employees in order to access link]. 

10. Fraud risk considerations

10.1. No fraud risks were identified in the development of this policy.

11. Contact

11.1. The council’s equality, diversity and inclusion lead is the Strategy Manager:

Strategy Manager
Community Services
E: strategy@norwich.gov.uk   
T: 0344 980 3333

12. Consulted

• Digital Inclusion Project Coordinator
• HR Officer
• Senior Financial Inclusion Officer
• Senior Strategy Officer
• Strategy Manager
• Neighbourhood and Community Enabling Manager
• Head of Strategy, Engagement and Culture
• Head of HR and Organisational Development
• Executive Director of Housing and Communities
• Senior Leadership Team
• Executive Leadership Team
• Norwich City Council Pride Network
• Portfolio holder for Communities and Social Inclusion.

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