Equality and Diversity Sample Contract Clauses



Equality and Diversity Sample Contract Clauses

Sample supplementary clauses for specifications:

Listed below are the same three crude divisions of contracts, depending on the level of relevance of the Equality Act 2010 or any other legislation relating to discrimination on the Council to promote covering sex, race, religion, disability, sexual orientation and age equality in carrying out all its functions, including procurement. Contract managers should develop appropriate clauses based on these models.

i) Simple contracts where equality issues are not highly relevant to the Equality Act 2010 or any other non-discrimination legislation:

• These contracts may be for goods, or for services which do not directly impact on CC staff or on the citizens of the county. Examples are contracts for consumable items or for simple maintenance of equipment.

Standard clause:

The Supplier shall at all times comply with the requirements of the Disability

Discrimination Act 1995 and the Race Relations Act 1976 and all other related statutory and regulatory requirements and the Council’s policies and procedures copies of which are available on request relating to equal opportunities and shall not treat any person or group of people less favourably than another on the grounds of race, colour, religion, ethnicity, sex, age, disability, nationality, marital status or sexual orientation.

ii) Contracts where equality issues are relevant to the Equality Act 2010 or any other non-discrimination legislation but are not a key element of the contract:

Examples are contracts for systems, services other than to vulnerable people, signage, correspondence, or where access to whatever is provided could be an issue for certain groups of people. In addition to the standard clause these suggested clauses relate to particular types of contract, which are referred to in brackets [ ]: “…

Where the contractor’s staff work on Council premises or alongside Council staff they should comply with the Council’s employment and equality policies.* [For a works or services contract:] The contractor will be expected, throughout the period of the contract, to employ enough highly motivated and suitably qualified and trained staff, and properly supervise and manage them to meet all the requirements of the contract, including those concerning equality.

[If a contractor is producing any information in written form, e.g. signage, written correspondence, internet pages:] The contractor must ensure that all written information produced or used in connection with this contract is as accessible as possible to people with disabilities and to people whose level of literacy in English is limited.

[If a contractor is responsible for setting up new systems or services for the council:] In carrying out work under this contract, the contractor should take all opportunities to make recommendations that would enable the council to prevent discrimination more effectively or to promote wider access to the Council’s services or premises. * This clause implies that a copy of the policies should be provided to the contractor alongside the tender document.

iii) Contracts where equality issues are highly relevant to the Equality Act 2010 or any other non-discrimination legislation and are a key element of the contract:

Such contracts are likely to involve substantial contact with Council staff; with citizens in general, or with vulnerable people. Equality issues may involve appropriate measures being taken to give equal treatment to all sections of the community or to encourage appropriate take-up of services by all sections of the community, including hard-to-reach groups. Although many of these contracts will be for services, goods such as protective clothing and food will also lie here. The specification should clearly identify whether one contractor is expected to reach across the community as a whole, or whether particular sectors may be dealt with elsewhere, or specifically through this contract. In addition to the standard clause, use the following clauses where they are relevant:

The contractor will be expected, throughout the period of the contract, to employ enough highly motivated and suitably qualified and trained staff, and properly supervise and manage them to meet all the requirements of the contract, including those concerning equality. Where the contractor’s staff work on Council premises or alongside Council staff they should comply with the Council’s employment and equality policies.*

[If appropriate] The contractor shall monitor the representation from the various ethnic groups of the staff employed on this contract, and shall take appropriate steps to remedy any under-representation of any particular ethnic groups compared to the community as a whole or the community receiving the service which is the subject of this contract. Such steps may include the placement of job advertisements or the use of employment agencies most likely to reach the target groups; and the promotion of recruitment and training schemes for school leavers / the unemployed intended to reach members of such groups.

[If appropriate] The contractor will submit an annual report demonstrating its compliance with (the previous clause). Where the contractor commits a breach in relation to the equality and non-discrimination requirements of this contract which amounts to a failure to meet the Service Levels, the provisions of clause (whichever clause provides generally for default mechanisms for failure to perform the contract) shall apply. The contractor must ensure that all written information produced or used in connection with this contract is as accessible as possible to people with disabilities and to people whose level of literacy in English is limited. In carrying out work under this contract, the contractor should take all opportunities to make recommendations that would enable the council to prevent discrimination more effectively or to promote wider access to the Council’s services or premises.

[If appropriate:] All uniforms or protective clothing supplied by the contractor in connection with this contract must be culturally sensitive. [It may be appropriate to insert further provisions which relate to the specific requirements of the contract]

* This clause implies that a copy of the policies should be provided to the contractor alongside the tender document.

Safeguarding Reduced Clauses

The supplier shall put or have in place an appropriate safeguarding policy which reflects and compliments the relevant statutory provisions relating to safeguarding children and/or vulnerable adults and;

The Council’s Safeguarding policies and procedures; and

The Cornwall and isles of Scilly Safeguarding Adults Board policies and procedures including but not limited to the Multi-Agency Safeguarding Adults Policy; and

The Cornwall and Isles of Scilly Local Safeguarding Children’s Board’s Safeguarding policies and procedures including the South West Safeguarding and Child Protection Procedures and the Local Safeguarding Children Board Guidelines for Providers;

As applicable and amended from time to time to ensure that all allegations, suspicions and incidents of abuse, harm or the risk of harm to children and/or vulnerable adults or where there is concern about the behaviour of an individual are reported immediately to the Council’s Representative and Council’s Directorate of Adult Care and Support (single point of access) 0300 1234 131 in respect of a vulnerable adult or the Council’s Directorate of Children Schools and Families (Single Referral Unit) 0300 123 116 in respect of a vulnerable child. The Supplier’s safeguarding policies and procedures should include active encouragement t staff in whistle blowing if aware of a suspected abuse.

Safeguarding Extended Clauses

• The Supplier shall put or have in place a safeguarding policy which reflects and complements the relevant statutory provisions relating to safeguarding children and/or vulnerable adults and;

- the Council’s safeguarding policies and procedures; and

- the Cornwall and Isles of Scilly Safeguarding Adults Board policies and procedures including but not limited to the Multi-Agency Safeguarding Adults Policy; and

- the Cornwall and the Isles of Scilly Local Safeguarding Children Board’s safeguarding policies and procedures including the South West Safeguarding and Child Protection Procedures and the Local Safeguarding Children Board Guidelines for Providers;

as applicable and amended from time to time to ensure that all allegations, suspicions and incidents of abuse, harm or the risk of harm to children and / or vulnerable adults or where there is a concern about the behaviour of an individual are reported immediately to the Council’s Representative and Council’s Directorate of Adult Care and Support (Single Point of Access) 0300 1234 131 in respect of a vulnerable adult or the Council’s Directorate of Children Schools and Families (Single Referral Unit) 0300 123 1116 in respect of a vulnerable child. The Supplier’s safeguarding policies and procedures should include active encouragement to staff in whistle blowing if aware of suspected abuse.

• The Supplier shall submit its safeguarding policy to the Council for approval. The Supplier must incorporate any amendments to the policy which may be advised by the Council.

• Subject to the Government Review of the Vetting and Barring Scheme announced 16th June 2010, the Supplier must adhere to the requirements under the scheme including, when appropriate, the referral of individuals to the Independent Safeguarding Authority where there is a concern relating to harm or the risk of harm to children or vulnerable adults or where there is a concern about the behaviour or conduct of an individual. The Supplier shall comply with all statutory obligations in respect of safeguarding and shall act in accordance with the guidance issued by the Independent Safeguarding Authority as amended from time to time.

• The Supplier shall ensure that this Agreement shall be performed with all due care and diligence by personnel who are appropriately qualified, experienced and trained in safeguarding children and vulnerable adults and that all Supplier personnel (paid and voluntary) engaged in the provision of the Services will have undertaken where engaged in Regulated Activity on behalf of the Supplier an Enhanced Criminal Records Bureau Check and the Supplier shall provide the Councils Representative with details of individual Enhanced Criminal Records Bureau Check certificate reference numbers for all personnel likely to be engaged in the provision of the Services concerned and ensure this information is updated as required. The Supplier shall procure that no person who discloses any conviction or who is found to have any convictions following the checks referred to in this Condition is employed or engaged by the Supplier on the Supplier’s behalf without the Council’s prior written consent. All personnel must have a fresh Enhanced Criminal Records Bureau Check if they have a break in service of three (3) months or more.

• The Supplier shall ensure that the organisation operates a recruitment and selection procedure which aligns with the Council’s safer recruitment and disciplinary standards and which meets the requirements of legislation, equal opportunities and anti-discriminatory practice and ensures the protection of vulnerable children and adults. The selection of all Supplier personnel and volunteers should be fair, safe and effective and the Supplier will be expected to comply with all national requirements for registered providers and shall ensure the stringent checking of identification, qualifications, curriculum vitae and the scrutiny of at least two confidential references which specifically include a response to a question enquiring as to the suitability of the applicant for the post particularly in circumstances where the carrying out of Criminal Records Bureau Checks is not a statutory requirement.

• The Supplier shall ensure that vulnerable children and adults are safeguarded from any form of abuse or exploitation including physical, financial, psychological and sexual abuse, neglect, discriminatory abuse or self harm or inhuman or degrading treatment through deliberate intent, negligent acts or omissions.

• The Supplier shall ensure that all allegations, suspicions and incidents of abuse are reported immediately to the Council’s Representative and shall promptly take appropriate disciplinary action against any member of staff who is engaged or is alleged to be engaged in any of the improper conduct. The Supplier shall promptly inform the Council’s Representative of the initiation, nature and outcome of any disciplinary action taken against any member of staff and shall immediately suspend the member of staff from providing the Services pending investigation and completion of appropriate disciplinary action. The Council’s Representative may require the Supplier to provide specific further training and support to the member of staff concerned and may request in writing that the Supplier monitors that member of staff’s performance and submits a report to the Council’s Representative. The Supplier shall ensure that the provisions of relevant contracts of employment of its staff provide for relevant staff consent to the sharing of the information / data described in this Condition.

• The Supplier shall procure that all personnel engaged in the delivery of the Services regularly receive appropriate safeguarding training, in relation to vulnerable adults and children, according to their job role as detailed within the Specification or discussed and agreed at subsequent contract review meetings.

• The Supplier shall appoint an individual of sufficient seniority for the safeguarding of vulnerable adults and children. This individual shall be responsible for the implementation and monitoring of the Supplier’s safeguarding policies and procedures in accordance with the terms of this Agreement. The Supplier shall produce such safeguarding reports as detailed within the Specification or discussed and agreed at subsequent review meetings.

The Supplier shall:

• have in place a process whereby its employees may report in confidence any alleged malpractice on the part of the Supplier as regards any part of the provision of the Services;

• not take any action against any employee pursuant to its contractual rights in respect of that employee where such employee has in accordance with the process provided pursuant to Condition 9.10.1 and in good faith reported alleged malpractice on the part of the Supplier.

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