DIVERSITY POLICY
Equal Opportunities and Diversity Policy
1. Policy Statement
MPR Solicitors LLP (“the Firm”) is committed to achieving a working environment which provides equality of opportunity and freedom from unlawful discrimination on the grounds of race, sex, pregnancy maternity and paternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation. This Policy aims to remove unfair and discriminatory practices within the Firm and to encourage full contribution from its diverse community. The Firm is committed to actively opposing all forms of discrimination.
The Firm also aims to provide a service that does not discriminate against its clients in the means by which they can access the services supplied by the Firm. The Firm believes that all employees and clients are entitled to be treated with respect and dignity.
2. Objectives of this Policy
1.1 To prevent, reduce and stop all forms of unlawful discrimination in line with the Equality Act 2010.
1.2 To ensure that recruitment, promotion, training, development, assessment, benefits, pay, terms and conditions of employment, redundancy and dismissals are determined on the basis of capability, qualifications, experience, skills and productivity.
3. Designated Officer
Name: Abdullah Al-Yunusi
Position: Partner
Telephone Number: 0208 607 4660
4. Definition of Discrimination
Discrimination is unequal or differential treatment which leads to one person being treated more or less favourably than others are, or would be, treated in the same or similar circumstances on the grounds of race, sex, pregnancy, maternity and paternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation. Discrimination may be direct or indirect.
5. Types of Discrimination
5.1 Direct Discrimination
This occurs when a person or a policy intentionally treats a person less favourably than another on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.
5.2 Indirect Discrimination
This is the application of a policy, criterion or practice which the employer applies to all employees but which is such that:
It is it detrimental to a considerably larger proportion of people from the group that the person the employer is applying it to represents;
The employer cannot justify the need for the application of the policy on a neutral basis; and
The person to whom the employer is applying it suffers detriment from the application of the policy.
Example: A requirement that all employees must be 6ft tall if that requirement is not justified by the position would indirectly discriminate against employees with an oriental ethnic origin, as they are less likely to be able to fulfil this requirement.
5.3 Harassment
This occurs when a person is subjected to unwanted conduct that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
5.4 Victimisation
This occurs when a person is treated less favourably because they have bought or intend to bring proceedings or they have given or intend to give evidence.
6. Duty not to Discriminate
In its professional dealings with the firm’s partners and employees, barristers, other lawyers, clients or third parties the firm must not discriminate without lawful cause, against any person, nor victimise or harass them on grounds of:
6.1 Race or racial group (Including colour, nationality and ethnic or national origins);
6.2 Sex (including marital status, gender reassignment or transgender status (this applies to men, women and those undergoing or intending to undergo gender reassignment), pregnancy, maternity and paternity. Sexual harassment of men and women can be found to constitute sex discrimination
6.3 Sexual Orientation (Including civil partnership status);
6.4 Religion or Belief (or lack thereof);
6.5 Age (This applies to people of all ages. This does not currently apply to the calculation of redundancy payments).
6.6 Disability (The firm must take such steps and make such adjustments, as are reasonable in the circumstances, in order to prevent any employee, partner, member, director or client who is disabled from being placed at a substantial disadvantage in comparison with those who are not disabled)
7. Reasonable Adjustments
The Firm has a duty to make reasonable adjustments to facilitate the employment of a disabled person. These may include:
1.3 Making adjustments to premises;
1.4 Re-allocating some or all of a disabled employee’s duties;
1.5 Transferring a disabled employee to a role better suited to their disability;
1.6 Relocating a disabled employee to a more suitable office;
1.7 Giving a disabled employee time off work for medical treatment or rehabilitation;
1.8 Providing training or mentoring for a disabled employee;
1.9 Supplying or modifying equipment, instruction and training manuals for disabled employees; or
1.10 Any other adjustments that the Firm considers reasonable and necessary provided such adjustments are within the financial means of the Firm.
If an employee has a disability and feels that any such adjustments could be made by the Firm, they should contact the Designated Officer.
8. Responsibility for the Implementation of this Policy
All employees and agents of the Firm are required to act in a way that does not subject any other employees or clients to direct or indirect discrimination, harassment or victimisation on the grounds of their race, sex, pregnancy or maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.
The co-operation of all employees is essential for the success of this Policy. Senior employees are expected to follow this Policy and to try to ensure that all employees and agents do the same.
Employees may be held independently and individually liable for their discriminatory acts by the Firm and in some circumstances an Employment Tribunal may order them to pay compensation to the person who has suffered as a result of discriminatory acts.
The Firm takes responsibility for achieving the objectives of this Policy, and endeavours to ensure compliance with relevant Legislation and Codes of Practice.
9. Acting on Discriminatory Behaviour
In the event that an employee is the subject or perpetrator of, or witness to, discriminatory behaviour, please refer to the staff handbook on disciplinary and grievances procedures.
10. Advice and Support on Discrimination
Employees may contact their employee or trade union representative if access to such an individual is possible.
Other contacts include:
Equality and Human Rights Commission
Arndale House
The Arndale Centre
Manchester
M4 3AQ
3 More London
Riverside
Tooley Street
London
SE1 2RG
3rd Floor, 3 Callaghan Square
Cardiff
CF10 5BT
The Optima Building
58 Robertson Street
Glasgow
G2 8DU
Telephone (England): 0845 604 6610
Telephone (Wales): 0845 604 8810
Telephone (Scotland): 0845 604 5510
Website: www.equalityhumanrights.com
Citizens Advice Bureau
Myddleton House
115-123 Pentonville Road
London
N1 9LZ
Website: www.citizensadvice.org.uk
Community Legal Services Direct
Telephone: 0845 345 4 345
Website: www.clsdirect.org.uk
11. The Extent of the Policy
1.11 The Firm seeks to apply this Policy in the recruitment, selection, training, appraisal, development and promotion of all employees. The Firm offers services in a fashion that complies with the spirit of this Policy.
1.12 This Policy does not form a part of any employment contract with any employee and its contents are not to be regarded by any person as implied, collateral or express terms to any contract made with the Company.
1.13 The Firm reserves the right to amend and update this Policy at any time.
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ANTI-BRIBERY POLICY
1. TO WHOM THIS POLICY APPLIES
1.1 This policy covers all our people, and all parts of our practice.
In particular, this policy applies not only to our partners and permanently employed staff, but also to temporary employees, agency staff and to people who work for us as contractors or agents, wherever they may be based or may work from time to time.
In the case of associated businesses, joint ventures, consultants, agents and others who may do business on behalf of the firm, we will promote the adoption of policies consistent with the principles set out in this policy, where appropriate.
2. OUR COMMITMENT
2.1 The firm strictly prohibits all firm personnel from giving or accepting bribes.
2.2 That means you must not offer, promise, give, request, accept or receive anything which might reasonably be regarded as a bribe.
3. WHAT IS BRIBERY?
3.1 The legal definition of bribery is very wide, and the penalties are severe.
3.2 Bribery is defined as giving someone a financial or other advantage to induce them to perform their functions or activities improperly, or to reward them for having done so.
3.3 Giving a financial or other advantage to someone you know is not allowed to receive it is also bribery. Public officials for example may be subject to strict rules forbidding them from accepting hospitality or other advantages.
3.4 Giving a financial or other advantage to a foreign public official intending to influence them in their duties is bribery. (See the notes below on “foreign public officials” and “grease payments”.)
3.5 A bribe need not involve cash or other financial asset. It can be any sort of advantage.
3.6 Offering, promising or requesting a bribe is just as illegal as actually paying or receiving a bribe.
4. YOUR DUTY TO REPORT
4.1 Be open. Report any concerns, and if you are in any doubt, seek guidance on what you should do. Never try to conceal or disguise your actions.
4.2 If you are unsure whether something is permitted or not seek guidance before committing yourself or the firm.
4.3 Management needs to be aware of the bribery risks that we face. Accordingly if someone within or outside the firm requests or offers anything which might be regarded as a bribe, report it (see section 6, below).
4.4 If you or anyone else may have paid a bribe or engaged in unethical conduct, report it. If you have made an error of judgement, but then report it, we will show appropriate understanding. If you make such an error but then seek to conceal or disguise your actions this will be regarded very seriously.
4.5 In particular, keep accurate records. Serious corruption offences in other businesses have often involved inaccurate record-keeping. Making false records is a criminal offence.
5. WHISTLE-BLOWER PROTECTION: OUR PROMISE TO YOU
5.1 You will not be subject to any retaliation or retribution for reporting in good faith your concerns about a suspected breach of this policy.
5.2 Anyone who retaliates against someone who has made such a report will be subject to disciplinary action.
5.3 While we would prefer you to report any concerns openly, you may do so anonymously.
5.4 Whistle-blower protection applies if you make a report in good faith, even if your concerns turn out to be unjustified. “Good faith” means that you believe the report to be true, and that you do not make the report with malice, intending to damage another person or the firm.
6. TO WHOM SHOULD YOU TURN?
6.1 In general you should raise questions or concerns with your supervisor.
6.2 If you are reluctant to raise concerns with your supervisor, or if he/she is unavailable, then in general you should report to the next highest level of management.
6.3 Abdullah Al-Yunusi (Partner) is responsible for ensuring this policy is implemented throughout the firm, and that it is reviewed and updated from time to time. You should feel free to raise any questions or concerns with him.
- 7. EXAMPLES, AND THE ACTION YOU SHOULD TAKE
7.1 Gifts:
It is acceptable business practice for gifts of modest value to be given and received to celebrate achievements, or to celebrate a seasonal festival, or as an incidental part of a business relationship. At the same time there is an obvious risk that a substantial gift, or a series of small gifts, could be perceived as bribery.
Accordingly you should not give a gift in connection with the firm’s business which:
- is in the form of cash, or cash equivalents, such as gift vouchers
- involves something being promised or offered in return
- the recipient or the giver would not wish to be known to their employers or principals
- is substantial in value. A gift exceeding £50 in value per recipient will always be regarded as substantial, and should not be paid without partnership level approval.
- If you are sent a gift in connection with your employment you should inform your supervisor in writing (an e-mail is acceptable). The firm may require gifts to be returned, or for them to be shared.
7.2. Hospitality and Entertainment:
Entertainment of clients and contacts can be a valuable way of establishing cordial relationships, improving the image of an organisation, and presenting products or services. Anti-bribery law does not prohibit expenditure intended for such purposes. Hence, subject to appropriate budgetary approval, and depending on the nature of your role, it may be appropriate for you to provide or accept hospitality including meals and drinks, and attendance at sports, theatre and other events.
But hospitality should only be offered or accepted for legitimate business reasons. Hospitality should not be intended to put the recipient under a sense of obligation. You should not offer or accept hospitality which is unduly lavish or excessive. Nor should you offer hospitality which you believe the recipient is not allowed to accept, under the rules applicable in his or her organisation.
7.3. Travel and Accommodation Expenses:
It may be proper and appropriate for us in certain circumstances to pay travel expenses, and accommodation and subsistence expenses so that potential clients or business partners may visit us, and/or meet with us and/or may learn more about our services. However please take these precautions.
The nature and value of expenses paid should be reasonable and proportionate to the business objective for the visit.
The nature and value of the expenses should be clarified in advance, and the guest should be told that we can only provide a refund against receipts.
A refund of a substantial amount should normally be paid via the guest’s employer, and not to them personally.
7.4. Political and charitable donations:
We do not wish to discourage you from engaging in political activity nor charitable giving or fund raising. However be aware that requests for political or charitable donations may be made corruptly. Accordingly donations should not be promised or made as part of the process of doing business.
1. We may make charitable donations with firm funds from time to time. Requests for such donations should be referred to Abdullah Al-Yunusi (Partner). We do not make political donations.
2. If a request for a political or charitable donation is made with an explicit or implicit promise that some advantage would be improperly offered in return, you should explain that you do not have authority to make such a donation, and should report the request.
7.5. Foreign public officials:
1. The law is particularly strict concerning foreign public officials. If you provide any financial or other advantage to a foreign public official with the intention of influencing them in their duties, you may have committed a bribery offence.
2. Accordingly you should not normally provide gifts or significant hospitality or travel or accommodation expenses which may benefit such an official personally. [However, we do understand that in certain countries giving and receiving gifts is a cultural norm. If you are faced with such a situation seek guidance before proceeding].
3. Note that the definition of “foreign public official” is very wide. For example it includes the employees of foreign nationalised industries.
7.6. Grease Payments (also known as “Facilitation Payments”):
1. These are generally small payments to low-ranking government officials for things such as granting a licence promptly, or providing some other public service to which we are entitled. However prevalent such payments may be in certain countries, making such a payment will normally be an offence under the UK Bribery Act. Accordingly you should decline to make grease payments.
2. As an exception, you may be permitted to make such a payment, if
- the payment is permitted under local law (in which case the recipient should be prepared to give you an official receipt), or
- you are compelled to make the payment to prevent physical injury or other serious and imminent harm to yourself or others.
If possible seek approval before making such a payment. If it is not practical to obtain such approval, you must report the payment immediately thereafter, and the payment must be accurately documented and reported in the firm’s books and records.
7..7 Gifts and Favours for clients in prison or custody or other criminal clients
- a. You must not provide any financial gift by way of cash, cheque or postal order to any client or potential client of the firm.
- b. The provision of cigarettes to clients in custody could also be construed as an act of bribery and accordingly you should not provide gifts of cigarettes.
- c. The giving of single cigarettes to clients would be normal hospitality but the provision of full packets of cigarettes is not permitted.
7.8 Other examples:
Other examples of bribes may include the unpaid use of corporate services or property, loans, loan guarantees or the provision of employment to the family or contacts of people with whom we deal. It is impossible to provide a comprehensive list of possible bribes. Apply the general principle, that you should avoid anything that might reasonably be regarded as a bribe, and should report any concerns that you have.
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Data Protection Policy
Introduction
MPR Solicitors LLP (‘ the Firm’) is fully committed to compliance with the requirements of the Data Protection Act 1998 (“the Act”), which came into force on the 1st March 2000. MPR Solicitors LLP will therefore follow procedures that aim to ensure that all members, partners, managers, associates, employees, agents and consultants who have access to any personal data held by or on behalf of the Firm, are fully aware of and abide by their duties and responsibilities under the Act.
Statement of policy
In order to operate efficiently, MPR Solicitors LLP has to collect and use information about people with whom it works and deals with. These may include members of the public, current, past and prospective employees, clients and customers, suppliers and others with whom MPR Solicitors communicates and conducts business. In addition, it may be required by law to collect and use information in order to comply with the requirements of central government. This personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means, and there are safeguards within the Act to ensure this.
MPR Solicitors LLP regards the lawful and correct treatment of personal information as very important to its successful operations and to maintaining confidence between the Firm and those with whom it carries out business. The Firm will ensure that it treats personal information lawfully and correctly.
To this end the MPR Solicitors LLP fully endorses and adheres to the Principles of Data Protection as set out in the Data Protection Act 1998.
The principles of data protection
The Act stipulates that anyone processing personal data must comply with Eight Principles of good practice. These Principles are legally enforceable.
The Principles require that personal information:
1. Shall be processed fairly and lawfully and in particular, shall not be processed unless specific conditions are met;
2. Shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes;
3. Shall be adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed;
4. Shall be accurate and where necessary, kept up to date;
5. Shall not be kept for longer than is necessary for that purpose or those purposes;
6. Shall be processed in accordance with the rights of data subjects under the Act;
7. Shall be kept secure i.e. protected by an appropriate degree of security;
8. Shall not be transferred to a country or territory outside the European
Economic Area, unless that country or territory ensures an adequate
level of data protection.
The Act provides conditions for the processing of any personal data. It also makes a distinction between personal data and ”sensitive” personal data.
Personal data is defined as, data relating to a living individual who can be identified from:
- That data;
- That data and other information which is in the possession of, or is likely to come into the possession of the data controller and includes an expression of opinion about the individual and any indication of the intentions of the data controller, or any other person in respect of the individual.
Sensitive personal data is defined as personal data consisting of information as to:
- Racial or ethnic origin;
- Political opinion;
- Religious or other beliefs;
- Trade union membership;
- Physical or mental health or condition;
- Sexual life;
- Criminal proceedings or convictions.
Handling of personal/sensitive information
MPR Solicitors LLP will, through appropriate management and the use of strict criteria and controls:
Observe fully conditions regarding the fair collection and use of personal information;
- Meet its legal obligations to specify the purpose for which information is used;
- Collect and process appropriate information and only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements;
- Ensure the quality of information used;
- Apply strict checks to determine the length of time information is held;
- Take appropriate technical and organisational security measures to safeguard personal information;
- Ensure that personal information is not transferred abroad without suitable safeguards;
- Ensure that the rights of people about whom the information is held can be fully exercised under the Act.
These include:
- The right to be informed that processing is being undertaken;
- The right of access to one’s personal information within the statutory period
- The right to prevent processing in certain circumstances;
- The right to correct, rectify, block or erase information regarded as wrong information.
To assist in achieving compliance with the principles MPR Solicitors LLP will ensure that:
There is someone with specific responsibility for data protection in the organisation.
- Everyone managing and handling personal information understands that they are responsible for following good data protection practice;
- Everyone managing and handling personal information is appropriately trained to do so;
- Everyone managing and handling personal information is appropriately supervised;
- Performance with handling personal information is regularly assessed and evaluated;
MPR Solicitors LLP’s designated Data Protection Officer
MPR Solicitors LLP’s Data Protection Officer responsible for ensuring compliance with the Data Protection Act and implementation of this policy is Abdullah Al-Yunusi. The Data Protection Officer may be contacted at:
MPR Solicitors LLP
Head Office
8 Red Lion Court
Alexandra Road
Hounslow
Middlesex
TW3 1JS
Employee responsibilities
All members, partners, managers, associates, employees, agents and consultants are to be made fully aware of this policy and of their duties and responsibilities under the Act.
All members, partners, managers, associates, employees, agents and consultants are responsible for:
Checking that any personal data that they provide to MPR Solicitors LLP is accurate and up to date.
- Informing MPR Solicitors LLP of any changes to information that they have provided
If as part of their responsibilities members, partners, managers, associates, employees, agents, consultants collect information about other people (eg about clients, suppliers or other employees), they must comply with this policy.
This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.
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