Equality, diversity and inclusion guidance

FOI reference - FOI-23

Date - 20 July 2022

Request

1. Does The Pensions Regulator currently issue new employees with any and or all the following:
   
   1. A language guide or similar which advises employees on the most appropriate words, phrases, and terms to use when writing to and or communicating with and or referring to their colleagues and or members of the public and or the organisation's clients/customers/service users and or representatives and employees in the organisation's stakeholder and partner organisations. Typically, such a guide will outline words, terms, and phrases to avoid for whatever reason while providing more acceptable words, terms, and phrases. Such guidance could be included in a staff handbook (or similar) or it could be issued in the form of specific written advice.  Alternatively, it could be included on the organisation's intranet site and or it could be issued/held digitally and or it could be included in any training/induction video/film.
   2. A guide or similar which helps and encourages staff to promote diversity and inclusivity both in the workplace and or in their dealings with members of the public and or in their dealings with the organisation's clients/customers/service users and or in their dealings with employees in and or representatives of the organisation's stakeholders and any partner organisations. The guide will include but will not be limited to advice on best practice when it comes to diversity and or inclusivity and or anti-discrimination policies. It will encourage staff how to avoid discrimination on the grounds of race and or religion and or gender and or sexuality and or age and or disability and or political belief and or social class and or income and or social background. Such guidance could be included in a staff handbook (or similar) or it could be issued in the form of specific written advice. Alternatively, it could include on the organisation's intranet site and or it could be held/issued digitally and or it could be included in any training/induction film/video.
   3. A guide or similar which alerts staff to the existence of microaggressions and or unconscious bias in the workplace. The guidance will extend to what the organisation and or staff can do to tackle the problems of microaggressions and unconscious bias.
   4. A guide or similar which advises staff on the importance of respecting and using a person's preferred gender pronoun. That person could be a colleague and/or a member of the public and or one of the organisation's customers/clients/service users and or an employee and or representative of a stakeholder or partner organisation. Such guidance could be included in a staff handbook (or similar) or it could be issued in the form of specific written advice. Alternatively, it could be included on the organisation's intranet site and or it could be held /issued digitally and or it could be included in any training/induction film/video.
2. If you have answered yes to any part (or indeed all of question one) can you please provide copies of the guidance irrespective of the form in which it is issued.
3. Since January 1, 2019, has the organisation issued any kind of guidance (as defined in question 1 a to d) to other employees other than new recruits. If the answer is yes, can you, please provide copies of the guidance irrespective of the form in which it is issued.

Response

I can confirm that we hold information falling within scope of your request.

Information we are able to supply

The information we have been able to disclose in response to your request is provided in the links below and in the attached appendixes. We are unable to supply some elements due to an exemption and this is explained later in our response.

1 (a)

• Appendix 1: Inclusive communication at TPR language
• Appendix 1: Guidance for someone experiencing suicidal thoughts
• There is also a link to our style guide.

1 (b)

• Appendix 2: TPR Equal Opportunities Policy
• Appendix 2: Anti-bullying and Harassment Policy
• Appendix 2: Anti-bullying and harassment overview (presentation text)
• Appendix 2: Trans and gender identity guidance for managers
• Appendix 2: Trans terminology glossary
• Appendix 2: FAQs for staff who identify as trans
• Appendix 2: TPR brochure: Our diversity networks
• Top tips for creating an inclusive learning space guidance (copyright: Inclusive Employers)
• 5 Top tips on starting a conversation on diversity and inclusion (copyright: Inclusive Employers)
• Equality, Diversity and Inclusion Strategy
• Inclusion in the Civil Service training courses

1 (c)

• Appendix 3: High level points for racial microaggressions
• Appendix 3: Microaggressions

1 (d)

• Appendix 4: TPR inclusive language

For questions 2 and 3 of your request the information is provided in the answers to question 1.

Information we are not able to supply

We are unable to supply some of the information requested in relation to 1 (b) for the reason set out below.

The following courses are provided as part of TPR staff induction but are exempt under Section 40 of the Freedom of Information Act (FOIA).

• Equality, diversity and inclusion – preventing workplace discrimination.
• Preventing bullying and harassment.
• Preventing sexual harassment at work.
• Preventing racial inequality at work.

Section 40 – Personal information

This information is exempt from disclosure under section 40 (personal information) of the FOIA. This is because the information constitutes personal data as defined in the General Data Protection Regulations (GDPR). Disclosing this would not comply with the data protection principles set out in the GDPR, in particular the requirement for processing to be fair, lawful and transparent (Article 5 (1)(a)), as well as to comply with one of the lawful bases for processing in Article 6.

Appendix 1: Inclusive communication at TPR: Language

Inclusive language is language that is free from words, phrases or tones that reflect prejudiced, stereotyped or discriminatory views of particular people or groups.

Inclusive language acknowledges diversity and conveys respect to all people.

One thing many people sometimes do, often without even realising it, is use language and phrases which can cause offence and upset to people with protected characteristics, and can perpetuate stereotyping and a biased office culture.

At TPR we need to use, and support others in using, appropriate or inclusive language and phrases to make sure that we are supportive of our people, empower and encourage our staff, and treat each other and our stakeholders with consideration and respect.

Embedding inclusive communications at TPR shows that we recognise the various 'use of language barriers' that render a communication ineffective.

When drafting a communication, we should begin by identifying some of these barriers, such as how messages will be received differently by different ages, genders, sexualities, abilities, religious and cultural groups. Whatever the barrier, the main point is that two people can get the same message, but interpret it in entirely different ways simply because of their frames of reference and life experience.

It is vital that we create communications that say what we mean and that these differences are taken into account.

What is discriminatory language?

Many everyday terms and expressions can create and reinforce bias against individuals and groups of people, whether they are used consciously or unconsciously. This can create an environment at work that is humiliating, offensive and alienating.

Language can also create and reinforce negative stereotypes about particular groups of people by either exaggerating or isolating particular features of that group.

Language that is exclusive is harmful because it can inhibit or prevent your communications' potential to reach the widest possible audience.

Using the wrong kind of language can itself create a barrier. As the English language evolves and adapts so do the terms we use to describe people in communications.

Language is our main form of communication and it plays a powerful role both in contributing to and in eliminating discrimination.

How can you make sure that your communications are inclusive?

The first step in communicating in an inclusive way is to consider your audience to be as broad and as diverse as possible. This will help you to avoid unintentionally excluding, discriminating or undermining individuals and groups of people.

Your communications should address the needs of people of all ages, cultural and language backgrounds, sexuality, gender, and ability.

For example, we predominately communicate in English, but there are many people in the UK who have English as an additional language. Communications that are clear and use plain English will benefit someone whose first language is not English or someone with a learning disability or a low reading age — it's worth considering that the average reading age in the UK is nine years old.

Not everyone will agree on everything, but there is general agreement on some basic guidelines about terms to use and terms to avoid. Please see the tables below for examples^[1].

Gender

Historically in the English-speaking world, language usage has privileged men and often rendered women invisible or inferior. In language terms, the most inclusive strategy is to avoid references to a person's gender altogether, for example when referring to job titles, except when it is pertinent to the discussion.

Avoid	Consider using
Ladies and gentlemen	Everyone, folks, guests, etc
Fireman Policeman Spokesman Chairman etc	Firefighter Police officer Spokesperson Chairperson etc
Authoress Actress Manageress	Author Actor Manager
Workmanship Man the desk	Quality of work/skill Attend the desk/phones

Age

Generalisations based on age can stereotype and undermine people.

Avoid	Consider using
The old The aged Geriatric	Seniors Older adults Mature aged
Kids Girls Boys	Young people Younger person

Disability

The linguistic portrayal of people with disabilities has traditionally emphasised the disability rather than the person.

People with a disability are often and inappropriately seen as helpless, to be pitied and to be cared for rather than as equal and contributing members of society.

Most disabled people are comfortable with the words used to describe daily living. People who use wheelchairs 'go for walks' and people with visual impairments may be very pleased — or not — 'to see you'. An impairment may just mean that some things are done in a different way.

However, common phrases that may associate impairments with negative things should be avoided, for example 'deaf to our pleas' or 'blind drunk'.

Terms such as 'wheelchair-bound' or 'sufferer' convey an image of the person with the disability as dependent, and ignore the reality that a wheelchair enables someone to live an active life.

Avoid	Consider using
The handicapped The disabled	People with disabilities
Afflicted by [name of condition or impairment] Suffers from [name of condition or impairment] Victim of [name of condition or impairment]	Has [name of condition or impairment] Is living with [name of condition or impairment]
Confined to a wheelchair Wheelchair-bound	Wheelchair user Person who uses a wheelchair
Mentally handicapped Mentally defective Retarded Abnormal	With a learning disability (singular) With learning disabilities (plural)
Cripple, invalid	Person with disabilities
Able-bodied	Non-disabled
Mental patient Insane Mad	Person with a mental health condition
Deaf and dumb Deaf mute	Deaf User of British Sign Language (BSL)
The deaf The hearing impaired	People who are deaf, people who are hard of hearing
The blind The visually impaired	People with visual impairments Blind people Blind and partially sighted people
An epileptic A diabetic A depressive etc	Person with epilepsy Person with diabetes Person with depression Someone who has epilepsy Someone who has diabetes Someone who has depression
Fits Spells Attacks	Seizures
Victim of AIDS/HIV AIDS/H IV sufferer	Person living with AIDS/HIV
Disabled toilets	Accessible toilets

Sexual orientation and gender identity

The enduring bias in society against lesbian, gay, bisexual, trans and intersex (LGBT+) people makes many people feel invisible, marginalised and inferior to heterosexual/'cisgender' people. Our communications should ensure the language we use to refer to people's sexual orientation and gender identity is accurate and appropriate.

Sexual orientation

Avoid	Consider using
Sexual preference	Sexual orientation
Husband and wife	Married couples and civil partners
Boyfriend or husband Girlfriend or wife	Spouse or partner
Homosexual	Gay or lesbian
A gay	A gay person

Gender identity

Avoid	Consider using
Hermaphrodite	Intersex
Born female or born male Female-bodied or male-bodied	Listed male or female at the time of their birth
A transgender	A transgender person A trans person
Transgender people and normal people	Transgender or trans people and cisgender people
Both genders Opposite sexes	All genders
It (when referring to someone, for example when pronouns are unknown)	They (or if you are unsure, you can ask the person what pronoun they prefer)
Sex changer	Gender reassignment*/confirmation *please note, there is currently contention around the word 'reassignment', and Stonewell's Trans Advisory Group feels it should be reviewed

Black, Asian and minority ethnic (BAME) culture

Ethnic and racial labels, names and expressions can be created and used to portray certain groups as inferior or superior to others. Sometimes this usage is unintentional and stems from the continued dominance of white mainstream culture; other times, it is deliberately used to marginalise, demean and discriminate.

Avoid	Consider using
Coloured person	Black Black British Asian Asian British
Minority group, visible minority	Minority ethnic group
Half-caste, half-breed	Mixed race or mixed heritage

Explanations of terms used in this document

BAME

BAME stands for Black, Asian and minority ethnic and is the generally accepted terminology normally used in the UK to describe people of non-white descent.

Cis gendered or cis

'Cis gendered' or 'cis' is a term for people whose sense of personal identity and gender identity matches the gender that they were listed at birth.

'Cis gender' may also be defined as those who have 'a gender identity or perform a gender role society considers appropriate for one's sex'.

It is the opposite of the term trans or transgender.

Civil partnership

A civil partnership is a legally recognised relationship between two people of the same sex.

A civil partnership only exists once it is registered.

Once registered it confers the same rights and responsibilities as marriage.

Gender

Gender identity, gender expression, biological sex, and sexual orientation are independent of one another (ie they are not connected).

Gender identity is all about how you, in your head, think about yourself. It's about how you internally interpret the chemistry that composes you (eg hormone levels).

Some people fit better into the societal role of 'woman' or 'man' and for others, neither ring particularly true.

Gender reassignment/confirmation

Gender reassignment/confirmation is a process that an individual may go through to be recognised as a gender different to that which was listed at their birth.

The reassignment/confirmation process may include undergoing some sort of medical intervention, but it can also mean changing names, pronouns, dressing differently and living in their identified gender.

Gender reassignment/confirmation surgery is the surgical procedure by which a trans person's physical appearance and function of their existing sexual characteristics are altered to that socially associated with their identified gender.

However, to be protected from gender reassignment discrimination, a person does not need to have undergone any specific treatment or surgery. This is because changing your physiological or other gender attributes is a personal process rather than a medical one.

A person can be at any stage in the transition process — from proposing to confirm their gender, to undergoing a process, or having completed it, in order to be protected.

Please note, there is currently contention around the word 'reassignment', and Stonewell's Trans Advisory Group feels it should be reviewed.

Learning disability

A learning disability is a condition giving rise to learning difficulties, especially when not associated with physical disability.

Having a learning disability can mean that a person finds it harder to learn certain life skills. The problems experienced vary from person to person, but may include aspects such as learning new things, communication, managing money, reading, writing, or personal care. Some people are born with a disability, whereas others may develop one as a result of an accident or illness in childhood.

Types of learning disabilities differ hugely. Someone with mild disabilities may be able to live independently with minimal support, whereas someone with severe and profound disabilities may require 24 hour care, and help with performing most daily living skills.

LGBT+

Stands for lesbian, gay, bisexual, trans (plus).

Several letters denoting different sexualities and gender expressions have been added to the acronym over time, and it is generally accepted that adding the + sign symbolises that these other identities are recognised, without attempting to list them all and risking missing anyone out.

Some of these additional letters are Q for 'queer' and/or 'questioning', I for 'intersex', P for 'pansexual', and A for 'asexual'.

Protected characteristics

The Equality Act 2010, provides the legal framework to tackle disadvantage and discrimination.

There are nine protected characteristics identified in the Act. They are:

• age
• disability
• gender reassignment/confirmation
• marriage or civil partnership (in employment only)
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Sexuality

Sexuality or sexual orientation is not about whom we have sex with, or how often we have it. Sexuality is about our sexual feelings, thoughts, attractions and behaviours towards other people.

Sexuality is diverse and personal, and it is an important part of who we are.

Trans

'Trans' generally refers to someone who lives their life as a gender different from that listed at the time of their birth.

However, some people to whom that applies simply consider themselves men or women without the 'trans' modifier, or use other identity markers to describe themselves.

A trans person may go through a gender reassignment/confirmation process.

Further reading

Visit the diversity and inclusion Atlas pages for more information about how we're developing our inclusive working environment, our diversity networks and our diversity profile.

The Working Well Together initiative is there to help us support all of our people appropriately, and be mindful of the language we use, the ways in which we communicate and how we work with the people around us in a more general sense. Access a growing collection of blogs, guidance documents and training materials exploring some of the conditions experienced by some of our colleagues.

Learn about our legal responsibilities under the Equality Act 2010: Public Sector Equality Duty.

Footnotes for this section

• [1] This content is based on the ENEl's Guide to Inclusive Communications.

Appendix 1: Guidance for talking to someone experiencing suicidal thoughts

Guidance for talking to someone experiencing suicidal thoughts

Note: this material could be distressing or triggering and may not be appropriate for all. Please consider your wellbeing and current mental health when choosing whether to read on.

HR and our Time to Change Champions have worked together on some useful information about speaking to someone who is experiencing suicidal thoughts.

This guidance was prepared by HR with reference to Adult MHFA Manual 2016, Everymind, Centre for Suicide Prevention and Speaking of Suicide. Samaritans and Shine a Light also have free online (5 minutes and 20 minutes) training sessions available.

Understanding suicide — three common myths

Talking to somebody who's experiencing suicidal thoughts can feel overwhelmingly difficult especially with the preconceptions that people may have around suicides. Let's bust some myths first.

Myth one: if you ask a person about their suicidal intentions, you will encourage them to kill themselves

This is not true! In fact, it's quite the opposite. Showing concern for someone and your openness to talk about the suicidal thoughts may reduce the person's anxiety and act as a deterrent. Moreover thanks to an open conversation, the person may feel less lonely or isolated, it may also be a relief to them to talk about their feelings.

Myth two: people who talk about suicide don't end up taking their own life

This is a very dangerous myth. Eight out of 10 people who choose to take their own lives give clear warning signs of their suicidal intentions. Do not dismiss somebody talking about suicidal thoughts as 'being dramatic' or 'attention seekers'. All suicide attempts or threats should be treated seriously.

Myth three: suicides happen without warning

Studies show that most people give many clear warning signs about their suicidal intentions. Don't ignore them, being alert to these cries for help may prevent suicides.

Tips and principles

Suicide is sometimes preventable. Talking about suicidal thoughts and feelings in an open and respectful way can save a life. So how should you talk to somebody who is experiencing suicidal thoughts?

The most important job would be to actively listen.

1. Be patient and calm while the person is talking though their feelings.
2. Listen without judging.
3. Ask open-ended questions.
4. Express empathy.
5. Summarise and clarify important points to make sure you fully understand them.

Some general principles for talking to a person who is having suicidal thoughts.

• Even if you feel panicked or shocked at somebody talking about suicide, do whatever you can to appear calm as this may have a comforting effect on the suicidal person.
• Avoid expressing negative reactions.
• Don't argue with the person about their thoughts of suicide.
• Don't debate whether suicide is right or wrong.
• Don't guilt trip or threaten a person to prevent a suicide, eg 'You will go to hell' or 'You will ruin other people's lives'.
• Don't minimise their problems.
• Don't use patronising phrases or toxic positivity like 'Don't worry', 'Everything will be alright', 'You have everything going for you', 'Cheer up'.
• Don't interrupt their stories with your own or those of someone else you know.
• Don't 'call their bluff' by for example daring them to 'just do it then'.
• Don't attempt to give the person a diagnosis or an easy solution.

When it comes to the language used, there are some very unhelpful phrases around suicides that are unfortunately deeply engrained in the English language. First and foremost when talking to a suicidal person don't avoid the word suicide. It is very important to discuss the issue directly without expressing judgement but also without beating around the bush.

Do:

• Do use appropriate language like 'suicide', 'died by suicide', 'took their own life' or 'ended their own life'.

Don't:

• Don't use term 'commit suicide' — it implies it is a crime, when in fact it's not.
• Don't use the term 'complete a suicide' — the verb complete suggests something positive like completing a project, suicide is not a project.
• Don't refer to past suicide attempt as 'failed' or 'unsuccessful' — this implies that death is the favourable outcome. Instead you can use a phrase like 'non-fatal', 'made an attempt on her/his/their life' or 'survived an attempt'.
• Similarly don't use phrases such as 'successful suicide' or 'successful attempt'.
• Don't use the phrase 'suicide epidemic' — it's inaccurate and needlessly sensational, a better phrase would be 'concerning rates of suicide'.

It takes courage to talk about suicide, it's a very difficult topic and we hope that this article helped bust some myths and helped to prepare you if you ever need to speak to someone with suicidal thoughts. If you want to know more, please speak to one of the Time to Change Champions. If you're in a crisis yourself, call Samaritans on call 116 123 or text SHOUT to 85258 or reach out to a family member, friend, colleague, manager, TTC champion, HR team member, anyone. You're not alone.

Appendix 2: Equal opportunities policy

Last updated: 14 July 2021

Policy purpose and scope

The Pensions Regulator is an equal opportunities employer. We are committed to providing equality of opportunity for all staff and to eliminating direct and indirect discrimination and disadvantage in the workplace.

This means that all job applicants and employees have equality of opportunity for employment and advancement solely on the basis of their ability, qualifications and suitability for the work.

All staff are expected to play an active role in the implementation of our Equal Opportunities Policy.

This policy sets out the principles of equality and the definitions of discrimination, and outlines our expectations of all employees in regard to their treatment of others. This also applies to decisions about third parties, such as clients and suppliers, with whom you may have dealings. Such third parties are to be treated fairly and with due respect.

This policy should be considered in conjunction with our Anti-bullying and Harassment Policy as a guide to our standards of behaviour towards others and our aim to maintain a fair, respectful and comfortable working environment.

This policy applies to all staff, irrespective of contract type and is non-contractual. As such, we may amend this policy at any time as required.

Staff are invited to comment on this policy and suggest ways in which it might be improved by emailing a HR Service Team inbox.

Discrimination

Discrimination in employment happens as a result of bias, prejudice, misconception and stereotyping. This can mean that an individual’s talents, skills, abilities, potential and experience are not considered fairly. It might not be intentional but, as well as being unfair, it is also a breach of the Equality Act 2010.

You have a duty to act in accordance with this policy and not to treat others less favourably than others because of their:

• age
• an actual, suspected or perceived disability
• gender reassignment
• marital or civil partner status
• pregnancy or maternity/paternity
• race (which includes colour, nationality, ethnic or national origin)
• religion or similar belief
• sex
• sexual orientation

These characteristics of an individual are referred to collectively as 'protected characteristics' and, (with a few minor exceptions) decisions about an individual that are influenced in any way by any of these protected characteristics will be regarded as unlawful discrimination and may result in disciplinary action.

It is also an act of unlawful discrimination to make decisions about an individual based on your perception of them as having one or more of these protected characteristics, or because you believe they may or do associate with other people with one or more of these protected characteristics.

Exceptions

• Pay, benefits and other terms and conditions of employment are related to the specific role and not to the individual in the role. Exceptions may be made to accommodate an individual’s specific requirements, for example in accordance with our Flexible Working Policy, in order to enable an employee with a physical or mental impairment to perform a role.
• Some employees may be entitled to enhanced benefits because of their particular circumstances, for example maternity or adoption leave.

The Pensions Regulator is committed to providing a work environment that is free from discrimination on the grounds of any protected characteristic. Employees, officers, consultants, contractors, volunteers, interns, casual workers and agency workers of The Pensions Regulator must not unlawfully discriminate against or harass other people including current and former employees, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts), and on work-related trips or events including social events.

Types of discrimination

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. For example, rejecting a job applicant because of their religious views or because of their sexual orientation. Direct discrimination may occur even when unintentional.

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 for GCSE English as a selection criterion. This would have a disparately adverse impact on people educated overseas and may not be justified if all that is needed is to demonstrate a reasonable level of literacy.

Associative discrimination is direct discrimination against someone, not because they themselves have a particular protected characteristic, but because they associate with someone who has a protected characteristic. For example, a non-disabled employee might bring a direct disability discrimination claim where they have been treated less favourably because they have a disabled child.

Perceived discrimination is direct discrimination against someone, not because they have a protected characteristic, but because they are incorrectly perceived by others to have a protected characteristic. For example, an employee might bring a direct religious discrimination claim where they have been treated less favourably because the employer wrongly believes them to be a certain religion.

Failure to make reasonable adjustments occurs when working arrangements disadvantage an individual because of a disability and reasonable adjustments are not made to overcome the disadvantage and enable the person access to a particular role. It is unlawful to treat someone less favourably because of disability or to fail to make reasonable adjustments to overcome barriers to or in employment caused by disability. The duty to make reasonable adjustments includes removing, adapting or altering physical features if these features make it impossible or unreasonably difficult for disabled people to make use of services and/or to perform the duties of their job. It could also include changes to a job role or working hours to accommodate a disabled employee.

Harassment is also prohibited. This includes sexual harassment and other unwanted conduct related to a protected characteristic, which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is set out further in our Anti-bullying and Harassment Policy.

Victimisation is also prohibited. Where a person (A) treats another person (B) unfavourably because A knows or suspects B has done or intends to do a protected act. Protected acts include bringing discrimination proceedings, giving evidence or information in connection with discrimination proceedings, making an allegation of unlawful discrimination, or doing anything else under, or by reference to, discrimination legislation.

The principles of non-discrimination and equality of opportunity also apply to the way in which you treat visitors, clients, customers, suppliers and former staff members.

Disability discrimination is also prohibited. This includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

Applying the policy

The principles of non-discrimination and equality of opportunity apply to all aspects of employment including 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.

Recruitment, promotion and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination. Vacancies should generally be advertised to a diverse section of the labour market. Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying. Job applicants should not be asked questions which might suggest an intention to discriminate on grounds of a protected characteristic. For example, applicants should not be asked their age, whether they are pregnant or planning to have children.

During recruitment, 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 employees, regardless of nationality, must be able to produce original documents (such as a passport) before employment starts, to satisfy current immigration legislation.

You should ensure that your day to day dealings with colleagues are non-discriminatory, and you should guard against discrimination in its more subtle and unconscious forms.

If you are a manager you must be alert to the possibilities of discrimination by yourself or by any of your staff (especially those in a supervisory position). If you are involved in recruitment, allocation of duties or consideration of developmental training you must ensure that the criteria you use are related to job performance and ability to do the job, and are not discriminatory.

You have a duty to co-operate with us in ensuring that our principles of non-discrimination and equality of opportunity are upheld. If you have concerns that they have been/are being compromised in any way (either in relation to you personally or in respect of someone else) you are encouraged to raise your concerns in confidence with your manager, a more senior manager or a member of HR.

Your protected characteristics will not play a part in management decisions unless they are relevant and it is appropriate to take them into account in the particular circumstances.

Part-time and fixed-term employees should be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.

Equal opportunities relating to disability

For the purpose of this policy a disabled person is defined as a person with a physical or mental impairment which has a substantial and long-term effect on their ability to carry out day to day activities.

Job applicants should not be asked about health or disability before a job offer is made, except in the very limited circumstances allowed by law: for example, to check that the applicant could perform an intrinsic part of the job (taking account of any reasonable adjustments), to see if any adjustments might be needed at interview because of a disability or to further positive action to recruit disabled persons. Where necessary, job offers can be made conditional on a satisfactory medical check. Health or disability questions may be included in equal opportunities monitoring forms, which must not be used for selection or decision-making purposes.

If you are disabled or become disabled, you are encouraged to tell us about your condition so that we can take such steps to apply a reasonable adjustment or support as appropriate.

If you experience difficulties at work because of your disability, you should speak with your manager or HR business partner to discuss any reasonable adjustments that would help overcome or minimise the difficulty as it may be possible to adapt your environment or to provide special equipment to help you.

Where you have a disability, we will undertake to:

• provide equal opportunities for you in recruitment, education, training, promotion, and conditions of employment
• ensure that wherever possible you are given support and are provided with equipment and facilities to enable you to carry out your duties
• ensure that any special needs arising directly or indirectly because of your work, are met
• consider reasonable adjustment to working arrangements or physical features of the premises where they cause disadvantage to you including, but not limited to, role redesign, training, flexible working or, if appropriate, offering transfer to an alternative role
• provide a safe working environment for disabled employees

We may take advice from our occupational health advisers or others as we think appropriate.

Retention

If, due to changing circumstances, you are unable to continue carrying out your existing duties every effort will be made to find suitable employment within the business. Retraining will be provided as necessary.

Where a previously able-bodied employee becomes disabled every effort will be made to facilitate continued employment in the same post. Where this is not possible suitable alternative employment will be sought and you will be given the necessary support and training required.

We will make every effort to retain any employees affected but cannot make any guarantees about continued employment.

Religious observance/religious holidays

We are committed to supporting the needs of employees in terms of religious observance and religious holidays. TPR has created a dedicated prayer/meditation room in the office to support this. Where holidays or adjustments to working arrangements are required in order to facilitate religious needs, we will make every effort to accommodate such requests where possible, whilst also taking into account the operational needs of the organisation and making sure that other team members are not unduly compromised or disadvantaged.

In order to assist managers in making appropriate arrangements to accommodate these needs, employees should make their managers aware in good time of the holidays or working arrangements which will be required to facilitate the religious observance or religious holiday. For example, if an employee needs to observe prayer a particular time or finish their day earlier on a Friday due to Sabbath observance, timely notice should be given to a manager to ensure that arrangements can be put in place to allow the employee to practise this religious observance without conflicting commitments, eg by allocating a dedicated rest break. Further information on how holidays requests should be made can be found in the Annual Leave Policy.

Complaints

We are conscious of the extent to which the performance of our employees depends upon their working environment. We will therefore not permit or condone any form of unlawful harassment or bullying within the workplace or in settings outside the workplace in the course of employment, such as business trips and events or social functions organised by us.

If you feel you have been, or are being, discriminated against you should discuss the matter first with your manager, or if you feel you are unable to freely discuss the matter with him/her you should contact your HR business partner. Please also see our Anti-bullying and Harassment Policy which supports this policy in outlining standards of behaviour towards others.

We take a strict approach to breaches of this policy, which will be dealt with in accordance with our Disciplinary Policy. Acts of discrimination or harassment on any of the unlawful grounds or failure to comply with this policy by our staff may result in disciplinary action.

You have the right to raise a grievance if you believe that a manager has not applied our principles of non-discrimination and equality of opportunity to you.

Complaints will be treated in confidence and investigated as appropriate. You must not be victimised or retaliated against for complaining about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Policy.

Confidentiality

To ensure that this policy is operating effectively, and to identify groups that may be underrepresented or disadvantaged in our organisation, we may also process certain data in relation to ethnic groups, gender, disability, sexual orientation, religion and age. All processing will be done in accordance with our Employee Privacy Notice. Analysing this data helps us take appropriate steps to avoid discrimination and improve equality and diversity.

Information about or relating to your protected characteristics will be kept confidential and disclosed on a very limited 'need to know' basis and with your prior consent.

Information of a personal and/or sensitive nature is processed strictly in accordance with our Data Protection Code and obligations and our Employee Privacy Notice.

Related policies

• Anti-bullying and Harassment
• Grievance
• Disciplinary
• Flexible Working
• Data Protection Code
• Employee Privacy Notice

Appendix 2: Anti-bullying and harassment policy

Last updated: 14 July 2021

Policy purpose and scope

This policy has been put together to ensure that everyone at The Pensions Regulator, including staff, visitors and other external stakeholders, is treated with dignity and respect and is free from harassment or other forms of bullying.

We want all staff to be clear about the behaviours and actions that amount to bullying and harassment, to help prevent this type of treatment and make this a positive place to work. We also want staff to feel comfortable raising issues under this policy as soon as possible, so that we can provide support and take appropriate action to resolve the situation.

TPR has a zero tolerance approach to bullying and harassment. Any breach of this policy will be dealt with under our disciplinary procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.

We take our responsibility towards our staff very seriously and intend that no member of staff shall be harassed, bullied, victimised or discriminated against in the course of their employment, which includes work related events such as business trips, events or social functions organised for or on our behalf (on or off the work premises).

Harassment because of age, disability, gender reassignment, marital status, pregnancy or maternity/paternity, race (including ethnic or national origins, colour and nationality), religion or belief, sex, or sexual orientation or any other grounds is unacceptable.

This policy confirms our commitment to identifying and eliminating all forms of harassment, intimidation and bullying.

We all need to:

• recognise that this policy has a wide scope, and goes further than behaviour/conduct that may have been traditionally seen as bullying and harassment related to, for example (but not limited to) sexual harassment, sexual orientation, gender and gender expression, transgender, disability and race
• have personal responsibility to ensure we treat each other in accordance with The Pension Regulator’s values and this policy
• understand that 'intention' is irrelevant. We can no longer excuse inappropriate behaviour as being ‘just banter’. The important factor is an individual’s perception and reaction to the unwanted behaviour/conduct
• take the time to be self-aware and reflect upon our own behaviours against this policy and The Pension Regulator’s values and seek out support to aid our understanding and compliance
• be mindful that the divide between work and social events can sometimes become blurred, and so we must be careful when making decisions relating to our conduct and behaviour when we are interacting with people we work with/for outside of the work environment
• remember we are all communicating in different ways, so we need to remind ourselves that behaviour that is not in keeping with a positive workplace can take different forms from direct contact to comments on social media and/or on other digital formats eg chat rooms

This policy applies to all staff and workers irrespective of contract type and is non-contractual.

Although we cannot directly apply our own standards and approach to the behaviour of people outside our control (eg clients, suppliers or visitors), we will take seriously any allegation that a third party has breached principles of this Anti-bullying and Harassment Policy or our Equal Opportunities Policy, and you should report any such behaviour to HR as soon as possible so that we can discuss the appropriate steps to take. The Pensions Regulator will support you and will advise on how we will deal with the issue with the third party which may vary depending on the circumstances.

For the avoidance of doubt, this policy also applies to the behaviour of TPR staff not only with other staff but also with third parties when representing TPR in business or social context.

Definitions

The terms of bullying and harassment are often used interchangeably, and many definitions include bullying as a form of harassment.

Harassment

The statutory definition of harassment is defined in the Equality Act 2010 in relation to protected characteristics such as sexual orientation, age, religion or belief, race, disability and gender reassignment as any 'unwanted physical, verbal or non-verbal contact or conduct which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual'. Harassment is unacceptable even if it does not fall within any of these categories.

Physical contact or conduct ranges from touching, pinching, pushing or brushing past someone to grabbing, shoving, punching and other forms of physical assault.

In addition to the manner in which individuals speak to and about one another, written material and pictures (including that disseminated by interactive and digital technologies) can be used to harass. This includes emails, images, text messages, the creation of material, film clips and photographs taken using cameras in mobile phones as well as content uploaded on to websites.

Harassment may be expressed directly to an individual, occur in their presence or be communicated about them to a third party.

Typically, for behaviour to be considered harassment, it must be persistent (ie have occurred more than once in a reasonable time period) and continue to develop over time. However, a single incident of unwanted or offensive behaviour to one individual that is particularly serious can amount to harassment. Examples of harassment include, but are not limited to:

• unwanted conduct or conduct that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment on the grounds of their sex, race, sexual orientation, disability, religion or age including abuse or insults about cultures, customs, appearance or dress
• inappropriate behaviour (eg public humiliation) whether in the form of offensive or intimidating comments or gestures or insensitive jokes or pranks
• the display or circulation of offensive pictures, objects or written materials which, for example, may be considered pornographic or offensive to particular ethnic or religious groups
• ignoring or shunning an individual, for example, by deliberately excluding them from a conversation or a workplace social activity
• continued suggestions for social activity within or outside the workplace after it has been made clear that such suggestions are unwelcome
• transphobic bullying and harassment such as name-calling/derogatory jokes unacceptable or unwanted behaviour, intrusive questions or 'outing' someone as a trans person without their permission
• outing or threatening to out someone as gay or lesbian
• offensive emails, text messages or social media content
• mocking, mimicking or belittling a person's disability or other physical or mental characteristic

Sexual Harassment

The statutory definition of sexual harassment states that it occurs where both:

A person engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of either violating another person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for another person.

A person can be sexually harassed by someone of the same or a different sex, the same or a different sexual orientation or someone who identifies as non-binary. The word "unwanted" means the same as "unwelcome" or "uninvited". A person does not have to expressly object to the behaviour before it is deemed to be unwanted – some behaviour is clearly unwanted eg groping, offensive comments. Unwanted conduct of a sexual nature can be described as any unwanted verbal, non-verbal or physical conduct of a sexual nature.

Please note that even one single incident can be enough to constitute sexual harassment, it does not have to be repeated conduct.

It is also important to note that sexual conduct that has been welcomed in the past can become unwanted and constitute sexual harassment. This also applies to “banter” which may have been tolerated for some time but does not mean that it was unwanted.

Examples of sexual harassment include, but are not limited to:

• unnecessary or unwanted physical contact, including contact which one person might perceive to be inoffensive eg the invasion of personal space, touching or brushing against another individual's body as well as assault or coercing sexual relations
• unwelcome sexual behaviour, including behaviour which might be perceived to be harmless flirting eg suggestive language, advances, propositions or pressure for sexual activity
• suggestions that sexual favours may further an employee's career or that refusal of sexual favours may hinder it
• unwanted conduct after a personal relationship has ended
• sexual gestures
• intrusive questions about a person's private or sex life, or a person discussing their own sex life
• sexual posts or contact on social media
• spreading sexual rumours about a person
• sending sexually explicit emails or text messages
• unwelcome touching, hugging, massaging or kissing

It should also be noted that the behaviour does not need to be directed at the individual making the complaint for it to be considered sexual harassment. An individual may hear a joke aimed at someone else or witness an interaction between two others and take offence to this due to the nature of these. If this is the case, they may wish to raise a complaint under this policy.

Behaviour at social events

It is important all staff and workers recognise that the high standard of behaviour that The Pensions Regulator expects at work also applies to all events that you attend by virtue of your working relationship with the organisation.

These include social events The Pensions Regulator organises/attends or are informally organised between colleagues (on the basis that friendships have formed due to being colleagues) — for example but not limited to Christmas events, conferences/corporate functions, client/networking events, leaving parties, group holidays, dinner/drinks after work. It also includes follow-on socialising, eg if a group of you go on somewhere else after the official Christmas party.

For the avoidance of any doubt, the principles of both our Equal Opportunities Policy and our Anti-bullying and Harassment Policy apply at these outside of work events to safeguard the wellbeing of all employees and workers, and our reputation, and to ensure that everyone can enjoy events without being made to feel uncomfortable by someone else's conduct.

It must be remembered — you are colleagues first and therefore even if you have formed strong friendship bonds beyond your initial colleague relationship, your professional boundaries must be in the forefront of your mind ie what happens if something goes wrong and how will that impact the colleague/working relationship?

If you receive or observe a complaint from a member of the public about your behaviour or the behaviour of a colleague, then you should consult the most appropriate senior person present as soon as possible and/or your HR business partner.

The relative informality of a social event and the effects of alcohol can sometimes contribute to the type of behaviour that would be in contravention of our Equal Opportunities Policy and/or this Anti-bullying and Harassment Policy. Even if you did not intend to cause offence or to harass anyone or if your judgment was impaired by alcohol, you may still be in breach of the Equal Opportunities Policy and this Anti-bullying and Harassment Policy.

Bullying

Bullying is not defined in statute; however ACAS characterises it as offensive, intimidating, malicious or insulting behaviour which, through the abuse or misuse of power, intends the recipient to feel undermined, vulnerable, upset, humiliated or threatened.

Power includes personal strength, organisational position and influence and the power to coerce others through fear or intimidation. Bullying is often a form of harassment and can undermine an individual’s self-confidence, competence and self-esteem. As with harassment, bullying can take the form of physical, verbal and non-verbal conduct.

Bullying or harassment may be by an individual against an individual or involve groups of people. It may be obvious or subtle.

Bullying does not include legitimate and constructive criticism of an individual's performance or behaviour or reasonable requests made of individuals.

Examples of bullying include, but are not limited to:

• shouting at, being sarcastic towards, ridiculing or demeaning others
• making physical or psychological threats
• spreading malicious rumours
• overbearing supervision and making inappropriate and/or derogatory remarks about an individual's performance
• abuse of authority or power by those in positions of seniority
• unjustifiably excluding colleagues from meetings/communications
• unwelcome sexual advances

Cyberbullying

Cyberbullying is a form of bullying which takes place online, eg through social media or online platforms. It can be an extension of ‘face to face’ bullying, with technology providing another route for an individual or group to be targeted. Further, as we work from home more than previously, the scope for individuals and groups to be subjected to cyberbullying has also increased.

Examples of cyberbullying include, but are not limited to:

• shouting at, being sarcastic towards, ridiculing or demeaning others during Skype calls
• making physical or psychological threats through online platforms
• spreading malicious rumours through online platforms
• overbearing supervision and making inappropriate and/or derogatory remarks about an individual's performance using instant messaging or emails
• copying emails that are critical about someone to others who do not need to know
• unjustifiably excluding colleagues from Skype meetings
• unwelcome sexual advances though online platforms, eg social media

Applying this policy

Every member of staff has a personal responsibility to treat their colleagues with dignity and respect. For this policy to succeed, it's important that you take the time to read and understand it. You should consider whether your words or conduct could be offensive to others. Harassment and bullying behaviour may not always be intentional, but it is never acceptable.

You should disclose any instances of harassment or bullying of which you become aware to your manager or to an HR business partner.

All managers have a specific responsibility to operate within the boundaries of this policy and to aid its operation by ensuring that everyone understands the standards of conduct expected of them, and by identifying and acting upon conduct that falls below these standards. Managers are given training on the relevant legal and operational framework and best practice.

Workplace bullying and harassment should not be confused with managing workplace performance that might include developmental comments indicating performance deficiencies. However, feedback on performance must always be given in a constructive manner that is not humiliating or threatening.

If you believe you are being subjected to harassment or are being bullied, or you have witnessed behaviour which you believe constitutes bullying and/or harassment, you should follow the steps set out in this policy.

What to do if you have been or are being bullied or harassed: informal procedure

If you consider that you are being bullied or harassed, or have witnessed behaviour against another person that you consider falls into these categories, you may wish to attempt to resolve the problem informally, explaining clearly to the person responsible that their behaviour is not welcome and that it offends you or makes you uncomfortable. It may be that they simply do not know that their behaviour is unwelcome or upsetting.

At all stages of the Bullying and Harassment Policy, we would encourage staff to be open with their line manager, HR business partner or another person they trust in order to ensure they have access to the right support, whichever route (informal or formal) they choose to engage with. If you are in any doubt as to whether an incident or series of incidents which have occurred constitute bullying or harassment, then in the first instance you should approach an HR business partner confidentially, on an informal basis.

If it is not appropriate or possible to resolve matters informally or, if after informal steps have been taken, the conduct continues, you should follow the formal procedure set out below.

What to do if you have been or are being bullied or harassed: formal procedure

You may not have been able, or feel able to resolve the issues informally, due to the nature of the or bullying or because you do not feel able to talk directly to the person creating the problem.

In these cases where you feel an informal and local resolution is not appropriate, you should raise your complaint in writing with an HR business partner, whose role is to achieve a solution wherever possible and to respect the confidentiality of all concerned. You must set out full details of the unwanted conduct. These details should include:

• the name(s) of the harasser or bully
• the nature of the harassment or bullying
• the date(s) and time(s) when the harassment or bullying occurred
• the names of any witnesses
• any action taken so far to attempt to stop or prevent the harassment or bullying

As a general principle, the decision to progress a complaint rests with you. However, we have a duty to protect all our members of staff and may be obliged to pursue a complaint independently if, in all the circumstances, it is considered appropriate to do so.

Investigation

Complaints will be managed in a timely and confidential manner via an investigation to establish full details of what has happened or has been happening. Your name and the name of the alleged harasser or bully will not be divulged other than on a 'need to know' basis to those individuals involved in the investigation. Whilst we will endeavour to maintain confidentiality where practicable, we cannot guarantee anonymity.

The investigation will usually be undertaken by your manager but if more appropriate another manager will be selected. The investigating manager will have no prior involvement in the complaint and a timetable will be set down and communicated to all parties. The investigation will usually be completed within 10 working days, and the report finalised within five working days following this.

The investigation will be thorough, impartial and objective, and will be carried out with sensitivity and with due respect for the rights of all parties concerned.

Consideration will be given to whether the alleged harasser or bully should be redeployed temporarily, or suspended on full pay or whether reporting lines or other managerial arrangements should be altered pending the outcome of the investigation.

As part of the investigation, the investigating manager will invite you to a meeting to hear your account of the events leading to your complaint. You may be accompanied by a colleague or a trade union official of your choice. A note taker will also be present at the meeting. The investigating manager will also meet with the alleged harasser or bully who may also be accompanied by a colleague or trade union official of their choice.

It may also be necessary to interview witnesses to any of the incidents mentioned in your complaint. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised to them.

At the end of the investigation, the investigating manager will complete a report, making it clear whether or not there is evidence to support the allegations that have been raised. If the investigation manager finds that there is evidence to support the allegations, sometimes referred to as a case to answer, this will be dealt with under our disciplinary procedure. You will be advised of the outcome of the investigation, but we will not share information that will breach another employee’s confidentiality eg recommendation for a disciplinary hearing.

Consideration will be given to whether the harasser or bully should be dismissed and, if not, whether they should remain in their current post or be transferred, and how this can be managed effectively.

Where a complaint is not upheld, (for example, where evidence is inconclusive), relevant rationale may be shared and consideration will be given to how the ongoing working relationship between you and the alleged harasser or bully should be managed. This may involve, for example, arranging some form of mediation (provided either internally by HR business partners or externally), counselling or a change in the duties/reporting lines of either party.

Appeal

If you do not feel the outcome of the investigation, under this policy, resolved your complaint you have the right to appeal the decision. You have five working days in which to send a written appeal to the identified appeal manager. Your appeal letter should clearly outline your grounds for appeal.

The purpose of an appeal hearing is not to re-hear the original grievance. You should state clearly why you believe your grievance has not been resolved and clearly state your desired outcome. Your appeal may not be accepted if it does not meet either of these criteria. You should:

• make clear if the appeal is against a procedural error
• provide new information or evidence that has come to light, if this is the reason for your appeal
• clearly state your desired outcome of your appeal

HR will nominate another manager to hear your appeal. The manager hearing your appeal will invite you to a meeting to discuss your appeal which will take place within 10 working days of receiving your written appeal. You may be accompanied by a colleague or a trade union official. A note taker and/or a member of HR will also be present in this appeal meeting.

The appeal manager will examine details raised in your appeal and the proposed solution and then decide whether these are reasonable. Any new evidence and its impact on the outcome will be taken into account.

You will be notified of the outcome of the appeal in writing within five working days of this meeting. This is the final stage of the formal procedure, there is no further right to appeal.

Protection for those making complaints or assisting with an investigation

If you make a complaint, or participate in any investigation conducted under this policy in good faith, you are entitled to be free from any form of intimidation or victimisation as a result of your involvement.

If you consider that you have been subjected to any such intimidation or victimisation you should seek support from an HR business partner. You may alternatively or additionally raise a complaint in writing under this procedure or the Grievance Procedure and/or follow our Whistle Blowing Policy.

Any individual who is, after investigation, found to have provided false information or to have acted in bad faith may be subject to disciplinary action.

Confidentiality

Confidentiality is an important part of the procedures provided under this policy. Every member of staff involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the highest level of confidentiality. This confidentiality should remain in place for all relevant parties indefinitely even where parties feel that the specific issue may have been resolved

Breach of confidentiality may give rise to disciplinary action.

Support

We appreciate that situations involving bullying and harassment, and the subsequent processes involved in this can be difficult for employees. As such, you may wish to utilise our employee assistance programme (EAP). An EAP is a confidential employee benefit designed to help you deal with personal and professional problems that could be affecting your home life or work life, health, and general wellbeing. TPR staff have access to a complete support network that offers expert advice and compassionate guidance 24/7, covering a wide range of issues. Full details of services available and how to access can be found on Atlas on the wellbeing page.

Where further direct support is required, additional HR support for an individual involved in an investigation can be arranged. If you feel you need this please speak to your HR business partner.

Related policies

• Grievance
• Disciplinary
• Equal Opportunities
• Whistle Blowing

Appendix 2: Anti-bullying and harassment overview (presentation text)

TPR’s policy states: we want all staff to be clear about the behaviours and actions that amount to bullying and harassment, to help prevent this type of treatment and make this a positive place to work.

Be the change you want to see.

The six types of bullying

Physical bulling

Any physical contact that hurts a person like hitting, kicking or punching.

Verbal bullying

Name calling, jokes about or offensive remarks about a person's religion, gender, ethnicity, appearance or socioeconomic status.

Indirect bulling

Excluding others from a group, spreading lies, secrets, rumours or exaggerated stories about someone.

Social alienation

Pointing out differences in others, excluding others from a group and spreading rumours.

Intimidation bullying

Using threats to frighten others.

Cyber bullying

Sending pictures, messages or information using electronic media, computers and cell phones.

Definitions

Bullying is defined as: offensive, intimidating, malicious or insulting behaviour which, through the abuse or misuse of power, intends the recipient to feel undermined, vulnerable, upset, humiliated and threatened.

Cyberbullying is defined as: cyberbullying is a form of bullying which takes place online, eg through social media or online platforms. It can be an extension of ‘face to face’ bullying, with technology providing another route for an individual or group to be targeted.

Harassment is defined as: unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Sexual harassment is defined as: a person engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of either violating another person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for another person.

We all need to

• Recognise that our revised policy has a wide scope, and goes further than behaviour/conduct that may have been traditionally seen as bullying and harassment related to, for example (but not limited to) sexual harassment, sexual orientation, gender and gender expression, transgender, disability and race.
• Understand that 'intention' is irrelevant. We can no longer excuse inappropriate behaviour as being ‘just banter’. The important factor is an individual’s perception and reaction to the unwanted behaviour and conduct.
• Take the time to be self-aware and reflect upon our own behaviours.
• Be mindful that the divide between work and social events.
• Remember we are all communicating in different ways, different forms from direct contact to comments on social media and/or on other digital formats eg chat rooms, IM messages etc.
• Take personal responsibility to ensure we treat each other in accordance with our values.

What TPR continues to do

• Continuing our Respect at Work Programme.
• Revising all policies and related materials.
• Providing information and guidance for all people.
• Training will be available.
• Measuring outcomes from My TPR surveys and taking actions.
• Encouraging everyone to take positive actions.
• Creating a zero tolerance environment.

Appendix 2: Trans and gender identity guidance — managers

This guidance should be used by managers to provide an inclusive and supportive environment for colleagues who may decide to transition their gender identity at work. This document should be read in conjunction with our Trans and Gender Identity Policy, Trans Glossary and Transitioning Action Plan template.

What does it mean to transition?

Transitioning is a term used to describe the journey transgender people may go through to enable them to live their life in the gender they identify with. This is a unique journey and will be different for each individual. There may be many changes that occur ranging from social changes, such as changing name and pronouns or presenting differently, to medical intervention, such as hormone therapy.

As a manager you may need to be actively involved in the journey at work. This short guide should help your understanding your role and what you can do to support your team member. It is not meant to be a set of rules as it is important to recognise that not every journey will be the same. Be mindful that there are no right or wrong answers and this is a life changing moment for your team member.

Your role

It is you role to understand the employees needs, provide support to them and communicate appropriate messages and set expectations to wider team as agreed with the employee.

Maintain confidential information

• The transgender status of an employee is considered confidential and should only be disclosed on a need-to-know basis and only with the consent of the employee.
• Our trans and gender identity policy protects against unauthorised or improper disclosure of such information, which includes handwritten or electronic material.

Communication is key

• You may be the first person your team member has spoken to at work about this. It could be a huge milestone for them and they may need your support. Be positive, this could be a celebratory moment for them.
• Allow the transitioning employee to help educate you. Sometimes it helps the employee to explain aspects of their lives to create an understanding of why they are transitioning. This can lead to more open discussions and help dispel any myths or biases.
• Reassure the employee that your conversation will be held in the strictest confidence but ask them if there is anyone they would like inform of the situation. The last thing you want to do is add any undue stress or pressure. Ask them what they would like you to do next, if anything.
• It may be uncomfortable for an employee and you to discuss the transitioning process. This can be a very emotional time in a trans person's life and they may be under a lot of stress. Be aware that there can be many outside factors they are dealing with as well as speaking to work about their transition.
• Be open-minded and discuss with the employee their needs. A plan can be put in place for achieving the goals of the transitioning employee and the business using the Transitioning Action Plan template.
• During the early stages of an employee's transition, agree what accommodations will be required. A wellbeing plan may be appropriate. It may also be appropriate to amend your team member's objectives in the short term but this will depend on the individual's needs and requirements at the time.
• Make sure you are supported if you need it. There is plenty of support and experience available through the H R business partners and TPR's employee assistance programme, CIC also offer a dedicated helpline specifically for managers. This can also be used to support you with information and guidance on anything from a difficult conversation to support someone through a difficult time. Please call 0800 085 3805 if you need support. The Proud (LGBT) network and PCS trade union may be also be able to provide additional support and guidance to all parties if needed.

Appearance and possible changes

• Individuals who are transitioning may assume the appearance and role for their gender identity.
• The timescales, activity and communication will be driven and led by the person transitioning.
• Trans employees are held to the same standards laid out in the dress code in the employee handbook.
• Be respectful and understanding of changes. Transition can be a very slow process and deeply personal. Some changes may be very noticeable while others develop over time.

Time off for medical appointments and transition

• There may be a need for the employee to take time off for medical appointments. This would usually follow the standard process for time off but speak with HR for guidance and if prolonged periods are required.
• TPR's employee assistance programme, Well Online, offers a range of services including counselling, legal and financial management advice to employees who decide to transition. There are also mental health champions should the employee require any assistance around their mental wellbeing.

Managing your team

• Your team may have lots of questions about what is happening. Work with the transitioning employee to decide on what information they would like to share. Also how and when it will be delivered. It may be that a team meeting or taking everyone out of the office is appropriate. It could be that the transitioning team member wants to speak one-on-one with each colleague.
• You will set expectations for your team member's behaviour and serve as an example.
• In accordance with TPR's Equal Opportunities and Bullying and Harassment Policy, TPR will not accept any discrimination on the basis of their gender identity or expression. Transphobic language and/or behaviour will not be tolerated; this may include those instances where there is a subtle or nuanced reference to transphobia. We recognise this may not always be clear to our colleagues, examples may include:
  • speculating about someone's gender - 'Is that a man or a woman?'
  • disclosure of someone's trans history - 'Yeah, he used to be a woman'
  • inappropriate questions about medical history or treatment
  • intentional or persistent mis-gendering or using the wrong gender pronouns
• Incidences of transphobia should be dealt with under TPR's disciplinary procedures.
• It may be appropriate for training to take place for team members and other managers. There are options available to educate and support your team and it can help to create an inclusive environment for the transitioning employee.
• After the transition, look for signs that the team needs additional training or team-building exercises. Create a culture of inclusion and support where ever possible.

Related documents

• Trans and Gender Identity Policy
• Trans glossary
• Transitioning Action Plan template
• Sickness Absence Policy
• Equal Opportunities Policy
• Bullying and Harassment Policy
• LGBT awareness e-learning

Appendix 2: Trans terminology — glossary

The words and terminology used to describe the trans community and gender identities can sometimes be complex and develop quickly.

People identify in different ways and all staff should both be confident and comfortable in understanding what these identities mean. Please note, this list is not exhaustive.

Terms that people might use to describe their gender identity

Cisgender refers to a person whose gender identity is the same as the sex they were assigned at birth. Non-trans is also used by some people.

Non-binary is an umbrella term for a person who identifies outside of the 'gender binary', (in other words, outside of 'male' or 'female').

Trans is an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth. Trans people may describe themselves using one or more of a wide variety of terms, including (but not limited to) transgender, non-binary and gender queer.

Transgender man is a term used to describe someone who is assigned female at birth but identifies as a man. This may be shortened to trans man, or FTM, an abbreviation for female-to-male.

Transgender woman is a term used to describe someone who is assigned male at birth but identifies as a woman. This may be shortened to trans woman, or MTF, an abbreviation for male-to-female.

Transsexual was used in the past as a more medical term (similarly to homosexual) to refer to someone who transitioned to live in the 'opposite' gender to the one assigned at birth. This term is still used by some although many people prefer the term trans or transgender.

Other terms

Gender dysphoria is used to describe when a person experiences discomfort or distress because there is a mismatch between their sex assigned at birth and their gender identity. This is also the clinical diagnosis for someone who doesn't feel comfortable with the gender they were assigned at birth. Many trans people reject the idea that gender dysphoria is a pre-requisite for being trans.

Gender reassignment is another way of describing a person's transition. For some individuals, undergoing gender reassignment involves medical intervention, but this is not required for a person to identify as trans. It can also mean changing names, pronouns, dressing differently and living in yourself­ identified gender. Gender reassignment is a characteristic that is protected in the Equality Act 2010.

A Gender Recognition Certificate enables trans people to be legally recognised in their self-identified gender and to be issued with a new birth certificate. Not all trans people will or want to apply for a GRC and you have to be over 18. An employer or service provider does not need to see a GRC in order to recognise an employee's or customers gender.

Gender variant is a term used for someone who does not conform to the gender roles and behaviours assigned to them at birth. This is usually used in relation to children or young people.

Pronouns are words we use to refer to people's gender in conversation· for example, 'he' or 'she'. Some people such as those with non-binary identities may prefer others to refer to them in gender- neutral language and use pronouns such as they/their and ze/zir.

Transitioning is a term used to describe the steps a trans person may take to live in the gender they identify as. Each person's transition will involve different things. For some this involves medical intervention, such as hormone therapy and surgeries, but not all trans people want or are able to have this. A medical intervention is not a pre-requisite and necessary step for transition. Transitioning also might involve things like telling friends and family, dressing differently and changing official documents.

Source: Stonewall, First steps to trans inclusion guide

Appendix 2: Frequently asked questions for staff who identify as trans

I identify as trans and want to inform work, I may also wish to transition. Who do I need to contact first for support?

There are no official steps you have follow to inform the business that you are trans or would like to transition. You may wish to contact your line manager or possibly get in touch with your HR business partner.

If you're considering transition you may find it useful to read the Trans and Gender Identity Policy before deciding on how you want to proceed.

Will all my colleagues be informed of my transition?

Only at your request will any colleagues be made aware of your transition. You will have support from your manager, HR and other sources. You will be in complete control of the timeline for transition and will decide when or how to inform anybody that needs to know before anything goes ahead by completing an individual action plan template with your manager.

Can I assume a different role within the organisation while I'm transitioning?

Your manager will consider your request by looking at the benefits of the requested changes in working conditions for yourself and the organisation, and weighing these against any adverse business impact of implementing the changes.

Can I use the facilities, for example toilets, which match my gender identity?

Yes, you can select whichever facilities you feel most comfortable using.

Who do I go to if I'm being bullied or harassed about my transition or gender identity?

If you feel that you are being bullied or harassed for any reason, please contact your manager or alternatively please get in touch with your HR business partner. Support from the Proud network can also be available.

What support will the organisation offer me if I'm transitioning?

Everyone has the right to be comfortable bringing their whole self to work. You should not feel that you are not supported. There is plenty of confidential support available, including:

• your line manager
• HR business partners
• CiC, TPR's employee assistance programme, offers confidential counselling if you need to speak with someone off the record — see the Wellbeing page on Atlas for details
• Proud (LGBT) Network
• PCS trade union

Frequently asked questions for colleagues of someone who has or is transitioning

What does it mean if someone is transitioning and what does it involve?

Transitioning is a term used to describe the process and steps an individual may take in order to live and express themselves in the gender they identify as. This includes, but not limited to, staff who are transgender, intersex, non­ binary or a-gender. All trans staff are protected by the Trans and Gender Identity Policy. Identifying as trans can also mean something different for each person, it is important to never assume 'why' somebody has transitioned. See the Trans terminology — glossary which provides the words and terminology used to describe the trans community and gender identities.

Someone has told me they want to transition, what do I do?

If someone tells you they are trans try to be supportive, this could be a big moment for them. You may be the first person at work they have told. If an employee has trusted you with this information ensure you maintain the confidentiality. You can sign post them to the Trans and Gender Identity Policy.

Is there training about transitioning and trans equality/issues?

Yes all staff can access the e-learning package LGBT Awareness through Learning Hub.

What is a pronoun and how do I know which one to use?

Pronouns are words we use to refer to people's gender in conversation for example, 'he' or 'she'. Some people such as those with non-binary identities may prefer others to refer to them in gender-neutral language and use pronouns such as they/their and ze/zir. When somebody transitions it may be that the pronoun they want others to use when speaking to or about them changes. If you're unsure ask which pronoun the person prefers, it is better to get it right first time.

Appendix 2: TPR brochure: Our diversity networks

We have an LGBT+ Network (PROUD), a Women's Network, a BAME Network (ME), and a Disability Network, who offer supportive spaces to connect with like-minded individuals.

PROUD (LGBT+ Network)

Our LGBT Network, PROUD, works with TPR to ensure our people feel comfortable that we have a diverse and inclusive workplace, and that our local and regulatory community view it as such. PROUD supports a diverse and inclusive working environment that encourages a culture of respect and equality for everyone, regardless of their sexual orientation or gender identity, in order that every individual feels comfortable bringing their whole self to work. You can find more information about the PROUD network on our intranet, Atlas.

The Women's Network

The Women's Network aims to support a culture of equality, inclusion and respect for all of our people, and enable and equip women to reach their full potential. It's widely accepted by employers and government that there is a strong business and economic case for gender parity in the UK's workforce, and it's recognised that women experience gender-based discrimination more often than men. However the network maintains that men are an integral part of the solution and play a big role in shifting our culture and promoting gender equality. You can find more information about the Women's Network on our intranet, Atlas.

Me (Minority Ethnic)

The Me (minority ethnic) network supports a diverse and inclusive working environment that encourages a culture of respect and equality for everyone, regardless of their
race, ethnicity or nationality, in order that every individual feels comfortable being their authentic self at work. The network provides an open forum where people can share any issues or concerns and learn from each other's experiences — working together to foster understanding and raise awareness of potential minority issues in the workplace. You can find more information about the Me Network on our intranet.

The Disability Network

The Disability Network aspires to support a diverse working environment that encourages a culture of respect and inclusion and delivers fairness and equality for everyone regardless of their disability. The main objective is to represent all colleagues who classify themselves as disabled, including providing input to TPR on issues that affect the disabled population. The network also aims to provide a safe space for colleagues to discuss their concerns and for allies to show their support and gain more understanding about the challenges some of their colleagues may be facing in the workplace.

Time to Change Champions

Mental health problems can affect one in four of us at any given time and we take it seriously here. We signed the Time to Change employer pledge as part of our commitment to provide more support to our people, encourage good mental health and make TPR a great place to work. We have recruited and trained a team of volunteer Time to Change 'Champions' who are passionate about mental wellbeing.

Appendix 3: High level points for racial microaggressions

What is a microaggression?

• At a basic level it's when we act or speak with bias, but potentially aren't aware of having done so.

Who do microaggressions affect?

• Anyone from a marginalised group can be affected by them.
• This piece focuses primarily on racial microaggressions.

Who commits microaggressions?

• Everyone can commit microaggressions inadvertently from time to time.
• Often, racial microaggressions are committed by well-intentioned people who are unaware that their words or actions carry an underlying message which is demeaning or insulting.

Characteristics of racial microaggressions

Unconscious

Often people don't realise how what they've said has been received, or that it is offensive.

Unintentional

People are almost never trying to deliberately cause offense or an indignity, because of this racial microaggressions are more subtle than overt acts of racism.

Difficult to acknowledge or identify

Sometimes when trying to compliment someone from a minority background people can end up inadvertently insulting them. It's hard to understand or explain why something that was supposed to be a compliment doesn't feel that way.

Difficult to tackle

Nobody wants to feel they've been insensitive towards a minority group so people sometimes become defensive when challenged. Also, how do you tackle something as subtle as mispronouncing your name; or noticing the meeting rooms are all named after figures that don't represent you?

How do they come about?

Subconscious bias

• Microaggressions evidence subconscious biases (which we all have) that we're not aware of.

Thoughtlessness, carelessness, a lack of experience, or understanding.

• Limited experience of POC, or other minority groups, can lead to a lack of understanding diversity and inclusion issues.
• A lack of knowledge of what isn't acceptable.

Individual vs structural actions

• Some microaggressions are due to individual words and actions, whereas some are structural, eg only white people being promoted at your workplace, woman being talked over or having credit taken for their ideas by men in meeting, etc.

Examples of racial microaggressions

Questions to POC such as, "No, where are you really from?"

This suggests that a person is less British/does not belong in the same as white British people.

You are forcing them to answer a question and divulge information that others don't have to.

Touching Black women's hair without consent

This is very common but not acceptable.

'All lives matter'

Of course they do. Saying 'Black Lives Matter' is highlighting that black lives are important as well as other races, not instead of.

Using the phrase 'All Lives Matter' indicates a profound misunderstanding of the phrase.

And at its worst, is a sign of deep seated racist views (and has been used by many groups which hold such views).

'I'm not racist but/I can't be racist because I have a black friend.'

Saying 'I'm not racist but...' followed by a racist statement is, in fact, still racist.

Similarly, having friends who are POC does not preclude you from saying and doing racist things.

'I believe in meritocracy, everyone should be judged on their ability, not their race.'

Blindly saying this ignores things such as subconscious bias (amongst other biases) that are so ingrained in society and culture that people don't notice them.

These biases can disadvantage minority groups. And statements around meritocracy simply deliver the message that people of colour aren't good enough to make the positions if they're not getting them.

How to avoid microaggressions

Consider other people's experiences

Put yourself in the position of a person with different characteristics to you.

Imagine how the message could be received by a person of colour, a gay person, a trans person, someone disabled, or someone with a combination of these characteristics (known as intersectionality).

Be open to change

Our language, how we use it, what certain words represent, and their legacies, are changing all the time. Be open to learning and evolving.

Challenge your judgements

Challenge yourself to understand your own assumptions or judgements.

Be aware of common microaggressions

And try to avoid them.

Diversify your media

Watch films and TV, read books and magazines, and listen to music/podcasts created by POC and other minorities.

It's all too easy to exist within a bubble where our ideas about the world are never challenged.

Meet new people

It doesn't have to be difficult. Just speak to someone new.

How to react if someone calls you out on a microaggression

Don't get defensive

Remember microaggressions can be unintentional, and it's about the recipient. Focus on the impact not the intent!

Do ask questions

If you're not sure why what you said or did is a microaggression, politely ask for an explanation. Calmly listen to the explanation.

Key points to remember

• If someone highlights a microaggression to you, they're not calling you a racist (or homophobe, or sexist, etc), they are asking you to think more carefully about your choice of words or behaviour, and helping you learn to be more inclusive.
• It would have also been hard to initiate the conversation, so acknowledge that.
• It is also worth remembering that no-one is immune from microaggressions.
• A straight person of colour may commit a microaggression towards a gay person, and a white disabled person might commit a microaggression to a person of colour.
• We all can, and should, learn how to avoid microaggressions wherever possible.

Appendix 3: Microaggressions

The information provided within this document is for educational purposes only. It is intended to enable the reader to engage with the concept of microaggressions. However, for advice on specific issues within the workplace please contact HR or PCS, the Union.

This document includes links to other sites as a means of convenient access to the information contained therein. However, the ME Network is not responsible for the content of any other sites.

Views, opinions and best practice can change over time. The ME Network will endeavour to keep this document updated as we continue to learn, develop our understanding of the issues and as external thinking evolves. 

Purpose

Some racism is so subtle that neither the victim nor perpetrator may entirely understand that it has happened or realise that it is going on. This can be especially toxic for people of colour. Along with the more obvious psychological effects of racism, when the actions or behaviours are subtle it can be extremely difficult for people of colour to identify, acknowledge and/or articulate why they don't feel they can fully be themselves in the workplace.

Because of this, beyond simply saying we have an inclusive workplace; it's important that we proactively think about our actions and behaviours to ensure that we do. We all have a part to play in ensuring there is equality of treatment, of opportunity, and that everybody feels they can bring their whole selves to work.

While this piece focuses on race, microaggressions affect all minority groups. And the principles explained within this document can be applied toward any socially marginalised group; including but not limited to LGBT people, people living in poverty and those living with disabilities. Highlighting that it is all the more important for us to pay attention to our language and actions.

What is a microaggression?

Microaggression is a term used to describe 'brief and commonplace daily verbal, behavioural, or environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative prejudicial slights and insults toward any group, particularly culturally marginalised groups.'

At its very highest level, microaggressions are when we act with bias, but potentially don't even know it. And most often, racial microaggressions are committed by well-intentioned people who are unaware that their actions have in fact sent a demeaning or insulting underlying message.

Remember, if someone highlights a microaggression that you have said to them, they are not calling you a racist (or homophobe, or sexist, etc) they are asking to think more carefully about your choice of words or behaviour, and helping you learn to be more inclusive.

It is also worth remembering that almost no one is immune from microaggressions. A straight person of colour may say or do a microaggression to a gay person, and a white disabled person might say or do a microaggression to a person of colour. We all can, and should, learn how to avoid microaggressions wherever possible.

Examples of racial microaggressions

It's important to note that the unconscious communication of the initiator can be different to the message they intended to deliver.

It can be hard to identify microaggressions, so below are some examples of racial microaggressions.

Here we highlight the behaviour, the underlying message and why it can; and often is, experienced negatively by people of colour.

The below are all examples that occur inside and outside of the workplace:

Behaviour: 'All lives matter' in response to someone saying 'Black Lives Matter' — not SLM the organisation

Why is it a microaggression?

#BlackLivesMatter... "You can't say that..."All lives matter"'

All lives matter, right? Of course they do. No-one is saying they don't, least of all the SLM movement. However, using the phrase 'all lives matter' as a response to the phrase 'Black Lives Matter'' has some worrying connotations, as explained below.

Saying 'Black Lives Matter' is not racist. It is not anti-white. It is not anti-anything. It is supporting Black people. It reminds us that Black people are deserving of as much respect, dignity, empathy, and justice as any other racial group, though they currently are afforded less. The phrase does not de-value the life of anyone else, it asks that black people are given the same privileges that white people already enjoy.

To 'matter' means something is important and of significance. Saying 'Black Lives Matter' is Black people saying, 'We are important as well', 'Our issues are important too', 'The issues that impact us should not be disregarded'. Simply, 'We matter'.

The reason the phrase 'Black Lives Matter' is being heard more often at present is because of the increasing evidence of extreme acts of violent racism by the police and systemic discrimination against black people at all levels of society. Whether it be news of police brutality, systemic racism, or day to day microaggressions, it's clear that worldwide focus is now on Black; and other POC, lives and the way they are disproportionately impacted, in a way that it hasn't been recognised previously. There is momentum behind this movement and those involved in its promotion, regardless of their ethnicity, are eager for that momentum to lead to permanent, substantive change for the better.

So why should we refrain from using the phrase 'All lives matter'? Isn't that just people trying to police language and limit freedom of speech?

Simply put, no it is not. And if it were, surely, it's also limiting freedom of speech to try and prevent people from saying 'Black Lives Matter'.

Freedom of speech is not freedom from consequence. If you ask people to refrain from saying 'Black Lives Matter' and instead say 'all lives matter' it will have consequences and carries more meaning than you may think.

Firstly, it comes across as unempathetic because rather than focus on the issues, you've ignored them and instead think it's more important to control how the issues are spoken about. That in turn gives the impression that you don't understand or believe there are issues.

Some might say your position also lacks logic. This is because a call for Black people's lives to be treated as having value is not an attack on any other racial group and comes across as ignorant of the context. After all, this all began because all lives clearly did not matter.

Many well-intentioned people have used the phrase 'all lives matter' intending to promote equality. However, as a rebuttal to 'Black Lives Matter' it diminishes the experiences of Black people and is dismissive of their struggle for equality which is not a struggle all people have had to go through. Saying ''all lives matter' defends and entrenches the status quo.

Many people of colour are hurt by the phrase 'all lives matter' but it's up to each of us to educate ourselves and realise it is perceived as insensitive and inappropriate at a moment where many people of colour are feeling real pain. And particular hurt is caused given the origin of the phrase.

Behaviour: instinctively touching a Black person's hair

Why is it a microaggression?

This often happens when non-Black people are intrigued by afro hair. And it is frequently coupled with compliments eg: 'Your hair is amazing; can I touch it', 'I've never felt an afro before, can I touch it?'. Or sometimes 'banter' amongst friends or colleagues, that is simply hurtful, inappropriate, or embarrassing eg: 'Your hair looks like pubes' or 'It feels like my dog's hair'. These may seem like extreme examples, but they are in no way unusual.

There is nothing wrong with curiosity and there is nothing wrong with complimenting someone on their hair. However, touching a person's hair without permission is a microaggression because it has a subtext. It demonstrates that the toucher has assumed consent and doesn't believe they need to ask. It demonstrates an underlying sense of privilege.

Along with being dehumanising for the person of colour to stand there and wait for the individual to finish; the action itself signifies that the person of colour is different and may cause them to feel singled out and objectified, especially as others are not treated in the same way.

Black women in particular suffer many indignities within the workplace related to their hair.

Behaviour: 'So where are you really from?'

Why is it a microaggression?

The question could seem innocuous, and some people may be asking because they are genuinely curious. However, for those on the receiving end it can feel like a very different experience.

When a person of colour says, 'I'm from London', or 'I'm from Manchester' and a white person responds with, 'Yes, but where are you really from?', the insinuation is the person of colour is not really British. This can make people of colour feel like perpetual foreigners in the country in which they were born. In addition, it reinforces the idea that real British people look a certain way, ie white.

There are ways of getting to know someone without focusing on their racial background and, once you have, it's likely they will volunteer information about their family and experience which will satisfy any curiosity you have. However, while you may be curious about a person's ethnicity, you should be mindful that being a minority of any kind can be exhausting.

The harm caused by microaggressions is cumulative and having to constantly act a spokesperson for your particular minority group, answering the same questions over and over again, can become tiring over time. Membership of a minority group should not be treated as consent to be a representative of that group; many people just want to chat and not feel like they're on display, to be studied, interrogated, and/or used as a teaching aid for the curiosity of those who are not part of that minority group.

The impact questions such as 'Yes, but where are you really from?' can be difficult to accept. And there could be a perception that highlighting it could cause well-intentioned people to feel silenced in conversations about race. However, the purpose of highlighting the impact is to enhance everyone's understanding of the impact our words can have, and to encourage people to consider other perspectives.

Remember, the effect of microaggressions is cumulative, and there are a great many ways in which people of colour are made to feel second class citizens in their own country. So, while when taken in isolation the question may not seem so bad, when viewed as part of people of colour's general experience, it is clear the overall negative impact it can have.

Behaviour: 'I'm not racist, I have a black friend'

Why is it a microaggression?

Very few people will admit to being openly and deliberately racist. How many times have we all heard someone say, 'I'm not racist but...', only to go on to say something unequivocally racist?

You are very unlikely to be consciously racist but that doesn't mean you are immune from engaging in inadvertently discriminatory behaviour or failing to challenge racist practices. Similarly, having a Black friend does not, in and of itself, prevent you from behaving in racially prejudicial ways.

Sometimes people say the wrong thing simply because they don't know any better. Mistakes can, do, and will happen, but, when they do, we should acknowledge them, and work toward changing our behaviours so as not to repeat them. The key word here is 'acknowledge'. It is crucial that we do that and try to learn so that we can do better.

People often say 'I'm not racist. I have black friends' as a defence when they feel accused in respect of something they have said or done that may have caused offence. However, saying this simply lets you avoid confronting your own biases... and if we are honest, we all have biases, conscious and unconscious.

Having Black friends doesn't mean you're immune to racist or biased ideas. Having Black friends is not a defence for racist or biased actions. If someone speaks to you about something you've said or done; try not to be defensive.

It's worth bearing in mind that the impact of our actions can be felt regardless of intent. It's not about how you feel, it's about how you've made someone else feel, intentionally or otherwise. And, as a side note, working through that uncomfortable space and trying to do better will not only make you feel better; it'll make you an even better friend.

It's not enough to have Black, gay, or disabled friends, you should also try to listen to their experiences, allow your words and behaviour to be challenged, and learn how to be a better ally.

Behaviour: 'Your name is too hard to pronounce' or mispronouncing names

Why is it a microaggression?

In many cultures names are deliberately given for their meaning. They are a source of pride and identity, and they can represent a long and important heritage. However, for many ethnic minorities in the UK, it can instead turn out to be a source of anxiety and embarrassment, given the number of times their names are either mispronounced, or not pronounced at all.

There's a tendency for white European names to be perceived as 'normal', whereas the names of racial minorities with religious or ethnic significance are seen as difficult, hard to pronounce, or tricky to remember. And rather than taking the time and effort to learn to pronounce an unfamiliar name correctly, when saying their name, minorities can often be met with responses such as:

• 'Do you have a nickname? I'm never going to be able to get that right.'
• 'That's a mouthful, do you shorten it to something easier?'

Consider the differences in the experiences of people of colour and other white minorities. For example, we all know that the spelling of Irish names is far from phonetic to native English speakers, however, the majority of us are able to pronounce names such as Siobhan, Niamh, and Cliodhna, once we have asked how to do so correctly. The response is rarely, 'I'll never get that right, can I call you Tracey?'

Contrast this with the experience of people of colour who are often told their names are too difficult to pronounce but the effort to learn correctly is not put in, and you can see why they often feel as if they are viewed as less important than their white colleagues.

Name-based microaggressions are frequent and along with the above examples can include:

• being given unwanted nicknames
• assumptions and biases about an individual based on their name
• teasing/banter from peers and educators
• repeated mispronunciation of names

As humans we naturally have a desire to fit in. So instead of continuously correcting, people of colour may:

• stop correcting people because their name is mispronounced so often
• shorten their names/give themselves nicknames to lessen the burden or even answer to nicknames they've been given without consent
• change the pronunciation of their names or provide a different name to peers, colleagues and educators, or tell people they can pronounce it however they like

All of the above are examples of a person giving up part of their personal identity, for the benefit of others who won't make the effort. It may be hard to understand why people would do this. However, if your name was mispronounced more than 20 times a day, every day, often repeatedly by the same people, for your entire working career, perhaps you can see why some people choose the path of least resistance. Some may even alter their names to avoid seeming like an inconvenience to people in power. Taking the above examples into account, it's easy to see how introducing yourself can also become a moment of anxiety and dread for people of colour.

I'm sure we can all agree that we want to work in a place where people can bring their whole selves to work and be comfortable in their true identity. To achieve this, people need to gain the confidence, and maintain the energy, to constantly challenge. However, everybody has a part to play in fostering an inclusive environment to prevent the frequency of these microaggressions. Below are a few examples of what you can do.

• Ask colleagues how to pronounce their name at the outset, and if you need to; ask again, or ask other colleagues.
• Correct others when you hear a colleague's name being mispronounced.
• Don't assign nicknames without peoples' permission.
• Try your best to pronounce a person's name correctly but ask to be corrected if you get it wrong. You do not want to place the burden on the person themselves, and clearly repeated mispronunciation after a couple of corrections is evidence of a lack of listening or effort, but by asking to be corrected you are letting the person know that you will not react defensively if they correct you.

For further tips on how to ensure we are respecting peoples' names and heritage see the linked article.

Behaviour: 'Everyone can succeed in this society if they work hard enough'

Why is it a microaggression?

This microaggression is based on the erroneous idea that we live in a true meritocracy. We don't.

Phrases such as 'We should hire the best, regardless of race', or 'Everyone can succeed if they work hard enough' may seem reasonable at face value but that would only be true if we all started from a level playing field, and we don't. People of colour face challenges which white people don't (some of which have been highlighted above). These challenges also occur at all levels of our society, from school to the workplace, and these challenges mean that people of colour have to work much harder just to be at the same starting point (or often somewhat less than the same) as white people. In this context, where people of colour watch their white friends and colleagues succeed without (and often oblivious to) the barriers they face, telling them that they can succeed if they just work harder can be demoralising, demotivating, and a denial of people of colour's reality.

Another example of this microaggression is where an organisation has enacted initiatives to encourage the hiring and promotion of minority groups. People will say things like 'I don't believe in positive discrimination, we should hire the best person for the job'. This is problematic for several reasons. Firstly, it is a misunderstanding of what the organisation is doing as positive discrimination (hiring people because they have, or having quotas for, specific protected characteristics) is illegal in the UK under the Equality Act 2010.

However, positive action (having hiring policies that encourage applications from people with protected characteristics) is not. Secondly, the above statement contains the subtext that a person of colour is unlikely to be the 'best person for the job'. When a white person says 'I don't believe in positive discrimination, we should hire the best person for the job', people of colour receive the message that that person likes the status quo (which benefits them), doesn't want to acknowledge the struggle of people of colour to reach a level playing field, and considers people of colour to be less qualified, or less likely to have the same, or superior skills to their white colleagues.

The implicit message in this microaggression is that any action to encourage the hiring and promotion of minority candidates is giving them an unfair advantage rather than attempting to create a level playing field for all applicants. In reality these actions are trying to close a very real and problematic gap between the experiences of white and minority applicants.

Behaviour: environmental microaggressions ie a lack of representation of people of colour

Macro-level microaggressions, which are more apparent on systemic and environmental levels.

Why is it a microaggression?

Some microaggressions aren't based in words or actions but are structural. Examples include:

• no/few people of colour in senior positions in your workplace
• no/few people of colour in general in your workplace
• institutions with buildings that are all named after people (usually men) who have problematic pasts involving the slave trade, colonial wars of conquest, or subjugation of minorities in parts of the former British Empire)
• television shows and movies which lack realistic representation of minorities or where the representation is wholly based on stereotypes (a Black male drug dealer, a woman of colour who is a prostitute, a gay man who takes drugs and parties too much, a trans woman who is beaten up by a suitor etc)

All of the above examples (and many more) contribute to the underlying message that people of colour and other minorities do not belong, aren't welcome, or must conform to roles sanctioned for them by society as acceptable. It is essentially subliminal messaging that connotes the notion that white people are prosperous and
successful; whereas people of colour either have no place or have a specific place — and it isn't near the top.

Effects of microaggressions

Due to the subtle, sometimes ambiguous nature of racial microaggressions it can be hard for people to know how to respond. This can lead to frustration, self-doubt and general feelings of not being welcome that can be hard to pin point the origin of.

Within the workplace, minorities who experience microaggressions are in a particularly tough position for several reasons. Firstly, there's the fear that you may not be taken seriously or blowing things out of proportion eg how do you speak out about a seemingly 'small' incident? For this reason, many worry about being perceived as aggressive, angry or as 'playing the race card'.

The impact of these microaggressions is that the people who experience them are often left feeling powerless and afraid to speak out — particularly in the workplace, or out of fear of making friendships or professional relationships awkward.

It's easy to dismiss microaggressions as less damaging than more overt forms of racism, but the regularity that minorities experience subtle forms of prejudice means the impact can be worse than more obvious, but less frequent, forms of racial hostility. Microaggressions have a cumulative effect that can lead to longer lasting damage than less frequent, overt incidents.

How to counter racial microaggressions in the workplace

Become aware of your own bias and gaps in knowledge and understanding

It's important that you reflect on your own life. We all have different journeys, different experiences, and varying levels of exposure to other minority groups. All of this affects the way we see the world. Awareness of your own bias means you can recognise when your words or actions have the potential to cause harm and have a heightened awareness of systemic bias.

You should be open and willing to learn and to continue learning throughout your lifetime. Anyone who was alive in the 1970s and 1980s knows that the language which we use to talk about racial and other minority groups has markedly changed since then. However, there is still work to be done and so, just as certain words and phrases have fallen out of use since the 1970s, certain words and phrases that we currently use will also fall out of use. This is not about policing people's language but a natural progression as a consequence of a deeper understanding of the harm that certain words, or ways of speaking about people, can cause.

We are hoping that documents such as this will go further than just language though. We are hoping that people will feel empowered to truthfully self-reflect and identify where they have engaged in microaggressions (we all have!) and to confront themselves to do better, and hopefully avoid engaging in them so much in the future.

You shouldn't aim for perfection. Everyone has blind spots, and everyone makes mistakes, but you should be open to listening when challenged, learning from your mistakes, and considering your words and actions before you say or do them, to see if they have the potential to cause harm.

Take ownership

What do you do when you want to develop a certain aspect of your knowledge or skills? You read, you train, and you research. Awareness of racism, microaggressions and the issues facing other minority groups should be treated in the same way. Below are a few examples of things you can do.

Diversify your media

Actively seek out books, both fiction and non-fiction, by authors who are people of colour, watch films and TV series with directors who are people of colour and which star people of colour, listen to music by people of colour (and read the lyrics), read magazines/blogs/alternative news outlets, and listen to podcasts by people of colour. All of the above goes for other minority groups too.

Get involved with a network

TPR has a variety of networks including ME, Women's, LGBT, and Disability. You do not have to be part of the minority for which the network was set up to join it or support it.

Attend training on diversity and inclusion

That is run by your organisation. Take the opportunities that are provided to learn.

Don't treat minorities as a sounding board

Unless a minority person has specifically told you they are happy to be questioned about what it means to be from that minority, don't assume they are comfortable doing so. In addition, don't assume that all people from a particular minority think the same. Seek out a plurality of opinion. Treating all Black people a certain way on the say so of your one Black friend, is exactly the sort of thinking we are trying to avoid.

The above notwithstanding, continue to have open, candid, but respectful conversations

Admit when you don't know something and ask if you can't find out for yourself. Be open to being challenged and to challenging yourself. Try not to get defensive. If you have minority friends; (and by that we mean meaningful relationships beyond simply knowing someone) honour that relationship by showing you're an ally through your words and actions. You will often find your minority friends very willing to discuss difficult topics with you because there is a level of trust.

Call out microaggressions when you see them

We all want to work in a place where we feel like we can be our true, authentic selves, and where we are neither made to feel unwelcome or inferior by microaggressions nor where we make anyone else feel that way. So, if you see microaggressions happening, say something.

Speaking up isn't always easy, especially in the workplace. You may be the most junior person in the room, you may not feel confident enough to say something in the moment, or to the person highlighting the microaggression. You might be unsure whether it's your place to say something because you're not sure whether a person of colour felt insulted or slighted. However — simply because that person may not have felt insulted doesn't mean that others would feel the same, indeed, even if a person from the minority at whom the microaggression was aimed is not present, that does not mean it isn't important to point it out. It is. Inclusivity means thinking of all staff, and being an ally means pointing out microaggressions even when minorities aren't present!

Take care of yourself — ally fatigue

Being an ally is hard, there's no denying it. It requires patience, tolerance, a whole heap of self-reflection, and you're very unlikely to receive thanks or praise. You will also never be part of the group(s) that you're advocating for. No matter how much you listen and learn, you'll never be able to truly understand the lived experience of being a minority which you are not. For these reasons, it can be mentally taxing to be an ally; constantly questioning your conscious and unconscious biases and motivations. We must all remember to take care of our mental health and remember that nobody is island; you can't, and shouldn't try, to solve issues surrounding diversity and inclusivity on your own. Indeed, it is only by collective action across all groups, minority or otherwise, that we will achieve substantive, tangible, and sustainable change for the better.

TPR has a number of internal resources if you need support at any time related to issues such as this, or otherwise.

• Counselling from CiC: External counselling service available to all TPR staff.
• Time to Change: TPR staff volunteers who are passionate about mental wellbeing.
• HR

Tips on whether and how to call out microaggressions

Should I say something?

You may even be unsure if the behaviour you observed had an underlying racial message.

As a general rule, err on the side of caution. If something gives you pause to think that the behaviour may have been racist or could possibly cause offence, you're right.

Saying nothing achieves nothing and you will never know if you don't explore this.

How do I call out microaggressions?

Peer

Speak to the person privately.

'I know you probably didn't want to cause offense, and X may not have been offended; but when you said/ did "a, b, c" I thought it could have offended someone else. So, I just wanted to bring it to your attention privately because I'd want to know.'

The individual may deny their behaviour was racist. However, it is important to note that when speaking about microaggressions in particular the focus should be on the impact, not the intent. Despite no intention to cause harm, sometimes it can happen.

We are all responsible for our actions and comments. And we should try to minimise the potential negative impacts of this wherever possible.

Senior member of staff

Speak to your manager.

You may be more junior than the person whose action may have been a microaggression. Understandably, it may not be appropriate to address it at the time, nor may you feel able to address it, in which case speak to your manager or another senior staff member you feel comfortable with who might be able to address it.

If it is a continuing occurrence, you may instead find it appropriate to speak to HR or PCS, the union, both of which should be able to provide you confidential support.

Affected individual

Speak to the individual.

'I didn't want to say anything in the meeting, but I just wanted to check that you didn't feel out of place/offended at any point.'

'I didn't want to say at the time, but I wanted to check in with you about when A said/ did x, y, or z. I appreciate you might not have felt offended, but I thought back to the microaggressions presentations and thought that someone else might be; or just that it could cause a barrier to people feeling included. I wanted to mention it as something they/we should be mindful of — what do you think?'

Sometimes you might not want to say anything at the time because the individual is in the room and you don't know whether it is your place. It's important however not to let the moment pass because:

• they may not have felt in a position to address it themselves
• they shouldn't always have to address it themselves
• you won't learn if you don't have the conversation

Me (Minority Ethnic Network)

Appendix 4: Inclusive language

One thing many people sometimes do, often without even realising it, is use language and phrases which can cause offence and upset to people from protected communities, including the LGBT+ community. Allies use, and support others in using, more appropriate or inclusive phrases. For example, last year, in response to a colleague's feedback, we made some changes to our website to replace a reference to 'husband and wife' with 'married couples and civil partners'. Though this may seem like a subtle amendment, it's a great example of small changes that we can all make to work towards being a fully LGBT+ inclusive organisation and a community of allies.

Below, you'll find some language to avoid with examples of alternative suggestions to use.

Sexuality

Avoid	Use
Sexual preference	Sexual orientation
Husband and wife	Married couple
Boyfriend or husband	Spouse or partner
Homosexual	Gay
A gay	A gay person

Gender

Avoid	Use
Hermaphrodite	Intersex
Born female or born male Female-bodied or male-bodied	Listed male or female at the time of their birth
A transgender	A transgender person
Transgender people and normal people	Transgender people and cisgender people
Both genders Opposite sexes	All genders
It (when referring to someone, for example when pronouns are unknown)	They

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