Equality Policy
We are committed to promoting equality of opportunity for all staff and job applicants. We aim to create a working environment in which all individuals are able to make the best use of their skills, free from discrimination or harassment, and in which all decisions are based on merit.
We do not discriminate against staff on the basis of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (protected characteristics).
The principles of non-discrimination and equality of opportunity under this policy also apply to the way in which staff treat the Firm's clients, customers, suppliers and former staff members.
All staff have a duty to act in accordance with this policy and treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff, regardless of their status. Your attention is drawn to our separate Anti-harassment and bullying policy.
Equal Opportunities Training
If you are involved in management or recruitment, or if you have any questions about the content or application of this policy, you should contact the Practice Manager to request training or further information.
Scope and Purpose of the Policy
This policy applies to all aspects of our relationship with staff and to relations between staff members at all levels. This includes job advertisements, recruitment and selection, training and development, opportunities for promotion, conditions of service, pay and benefits, conduct at work, disciplinary and grievance procedures, and termination of employment.
We will take appropriate steps to accommodate the requirements of different religions, cultures, and domestic responsibilities.
Forms of Discrimination
Discrimination by or against an employee is generally prohibited unless there is a specific legal exemption. Discrimination may be direct or indirect and it may occur intentionally or unintentionally.
Direct discrimination occurs where someone is treated less favourably because of one or more of the protected characteristics set out above. For example, rejecting an applicant on the grounds of their race because they would not “fit in” would be direct discrimination.
Indirect discrimination occurs where someone is disadvantaged by an unjustified provision, criterion or practice that also puts other people with the same protected characteristic at a particular disadvantage. For example, a requirement to work full time puts women at a particular disadvantage because they generally have greater childcare commitments than men. Such a requirement will need to be objectively justified.
Harassment related to any of the protected characteristics is prohibited. Harassment is unwanted conduct that has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.
Victimisation is also prohibited. This is less favourable treatment of someone who has complained or given information about discrimination or harassment, or supported someone else's complaint.
Recruitment and Selection
We aim to ensure that no job applicant suffers discrimination because of any of the protected characteristics above. Our recruitment procedures are reviewed regularly to ensure that individuals are treated on the basis of their relevant merits and abilities. Job selection criteria are regularly reviewed to ensure that they are relevant to the job and are not disproportionate.
Job advertisements should avoid stereotyping or using wording that may discourage particular groups from applying. They should include an appropriate short policy statement on equal opportunities and a copy of this policy shall be sent on request to those who enquire about vacancies.
- ⛤ We take steps to ensure that our vacancies are advertised to a diverse labour market.
- ⛤ Applicants should not be asked about health or disability before a job offer is made. There are limited exceptions for example:
- ⛤ Questions necessary to establish if an applicant can perform an intrinsic part of the job (subject to any reasonable adjustments).
- ⛤ Questions to establish if an applicant is fit to attend an assessment or any reasonable adjustments that may be needed at interview or assessment.
Positive action to recruit disabled persons. - ⛤ Equal opportunities monitoring (which will not form part of the decision-making process).
Applicants should not be asked about past or current pregnancy or future intentions related to pregnancy. Applicants should not be asked about matters concerning age, race, religion or belief, sexual orientation, or gender reassignment (who should first consider whether such matters are relevant and may lawfully be taken into account).
We are required by law to ensure that all employees are entitled to work in the UK. Assumptions about immigration status should not be made based on appearance or apparent nationality. All prospective staff, regardless of nationality, must be able to produce original documents (such as a passport) before employment starts, to satisfy current immigration legislation. The list of acceptable documents is available from the Practice Manager or the UK Border Agency.
To ensure that this policy is operating effectively, and to identify groups that may be underrepresented or disadvantaged in our organisation, we monitor applicants' ethnic group, gender, disability, sexual orientation, religion and age as part of the recruitment procedure. Provision of this information is voluntary and it will not adversely affect an individual's chances of recruitment or any other decision related to their employment. The information is removed from applications before shortlisting, and kept in an anonymised format solely for the purposes stated in this policy. Analysing this data helps us take appropriate steps to avoid discrimination and improve equality and diversity.
Staff Training and Promotion and Conditions of Service
Staff training needs will be identified through regular staff appraisals. All staff will be given appropriate access to training to enable them to progress within the organisation and all promotion decisions will be made on the basis of merit.
Our conditions of service, benefits and facilities are reviewed regularly to ensure that they are available to all staff who should have access to them and that there are no unlawful obstacles to accessing them.
Termination of Employment
We will ensure that redundancy criteria and procedures are fair and objective and are not directly or indirectly discriminatory.
We will also ensure that disciplinary procedures and penalties are applied without discrimination, whether they result in disciplinary warnings, dismissal or other disciplinary action.
Disability Discrimination
If you are disabled or become disabled, we encourage you to tell us about your condition so that we can support you as appropriate.
If you experience difficulties at work because of your disability, you may wish to contact the Practice Manager to discuss any reasonable adjustments that would help overcome or minimise the difficulty. The Practice Manager may wish to consult with you and your medical adviser(s) about possible adjustments. We will consider the matter carefully and try to accommodate your needs within reason. If we consider a particular adjustment would not be reasonable we will explain our reasons and try to find an alternative solution where possible.
We will monitor the physical features of our premises to consider whether they place disabled workers, job applicants, clients or other service users at a substantial disadvantage compared to other individuals. Where reasonable, we will take steps to improve access for disabled staff and service users.
Part-time work
We monitor the conditions of service of part-time employees and their progression to ensure that they are being offered appropriate access to benefits and training and promotion opportunities. We will ensure requests to alter working hours are dealt with appropriately under our Flexible Working Policy.
Clients
The Firm is committed to promoting equality of opportunity, respect for diversity and prevention of unlawful discrimination in its relationship (and the relationship of its staff) with its clients.
All staff are expected to treat clients fairly and with respect and to provide services regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.
The Firm and its staff are expected not to discriminate unlawfully when accepting or refusing instructions to act for a client.
The Firm and its staff shall ensure that it makes reasonable adjustments to ensure disabled clients are not put a disadvantage compared to those that are not disabled and that the cost of making such adjustments is not passed on to its clients.
You shall ensure that any complaints of discrimination made by a client are immediately passed on to both the Practice Manager and Managing Partner for these to be properly investigated and dealt with.
We monitor the treatment of clients who instruct us to ensure they are being treated fairly and in a way that respects diversity.
Breaches of the policy
If you believe that you may have been discriminated against you are encouraged to raise the matter through our Grievance Procedure. If you believe that you may have been subject to harassment you are encouraged to raise the matter through our Anti-harassment and Bullying Policy. If you are uncertain which applies or need advice on how to proceed you should speak to the Practice Manager.
Allegations regarding potential breaches of this policy will be treated in confidence and investigated in accordance with the relevant procedure. Staff who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations which are found to have been made in bad faith will, however, be dealt with under our Disciplinary Procedure.
Any member of staff who is found to have committed an act of discrimination or harassment will be subject to disciplinary action. Such behaviour may constitute gross misconduct and, as such, may result in summary dismissal. We take a strict approach to serious breaches of this policy.
THE PARTNER RESPONSIBLE FOR THIS POLICY IS SELVAKUMARI PALANY. THIS POLICY IS REVIEWED ANNUALLY.
Diversity Data
We have a strong commitment to diversity and recognise the benefits of having a diverse workforce. Indeed we aim to live up to our tag line “Our differences are our strengths”. Our Equality and Diversity policy covers all angles including recruitment; pay and benefits; training and promotion; and performance management, disciplinary and redundancy procedures and covers everyone working at our workplace.
We support any initiatives to increase diversity and social mobility in the legal profession.
We comply with the requirement by our professional body to monitor diversity which helps us progress our goal of achieving our equality and diversity To ensure that we are able to review and maintain our progress against our policy, industry data, and year on year results, we carry out an annual diversity survey.
Complaints Policy
Kumari Palany & Co (London) is committed to providing a high-quality legal service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. Whenever possible, please raise any initial client care problems with the person acting on your matter to give them the opportunity of resolving matters with you. Often matters can be quickly resolved in this way.
Our Complaints Procedure
If you have a concern or a complaint that has not been dealt with to your satisfaction by the person handling your case or their supervising partner, please contact us as soon as you are aware of the problem so this can be addressed.
Selvakumari Palany at Kumari Palany & Co (London) Solicitors, Spaces Covent Garden, 60 St Martins Lane, London WC2N 4JS
kumari@kumarilawyers.com
What will happen next?
- 1. We will send you a letter acknowledging receipt of your complaint within five days of our receiving the complaint, enclosing a copy of this procedure.
- 2. We will then investigate your complaint. This will normally involve passing your complaint to our complaints handler, Selvakumari, who will review your matter file and speak to the member of staff who acted for you.
- 3. Selvakumari will then invite you to a meeting to discuss and, it is hoped, resolve your complaint. She will do this within 14 days of sending you the acknowledgement letter.
- 4. Within three days of the meeting, Selvakumari will write to you to confirm what took place and any solutions she has agreed with you.
- 5. If you do not want a meeting or it is not possible, Selvakumari will send you a detailed written reply to your complaint, including her suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter.
- 6. At this stage, if you are still not satisfied, you should contact us again to explain why you remain unhappy with our response and we will review your comments. Depending on the matter we may at this stage arrange for another director to review the decision.
- 7. We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.
- 8. If you are still not satisfied, you can ask the Legal Ombudsman to consider your complaint. We hope that this does not become necessary and that we can resolve matters between ourselves. The Legal Ombudsman's contact details are:
Address: PO Box 6806, Wolverhampton, WV1 9WJ
Telephone: 0300 555 0333 -from 8.30 am to 5.30 pm
E-mail: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk
Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint and within the following timescales:
- ⛤ six years from the date of the act or omission about which you are complaining occurring; or
- ⛤ three years from the date you should reasonably have known there were grounds for complaint.
If we have to change any of the timescales above, we will let you know and explain why.
Complaints in Relation to Bills
The complaints procedure above also applies to complaints arising concerning our bill. There may also be a right to object to the bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974; the Legal Ombudsman may not consider a complaint about a bill if you have applied to the court for assessment of that bill.
What to do if you are unhappy with our behaviour
The Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority.