Common use of DISCRIMINATION AND EQUALITY Clause in Contracts

DISCRIMINATION AND EQUALITY. 12.1 FoC shall not whether as employer or provider of services under this Agreement discriminate within the meaning of the Equality Legislation against any person on the grounds of their race, disability, gender, sexual orientation, religion or belief, or age. 12.2 The IoE shall provide FoC with a copy of the Institute’s Disability Equality Scheme, Race Equality Scheme and Gender Equality Scheme as amended from time to time, (together referred to as “the Institute’s Policy and Schemes”) and FoC agrees that it shall (to the extent possible) substantially comply with the requirements of the Institute’s Policy and Schemes as if it were a body required to produce and comply with such policy and schemes. 12.3 In the management of its affairs and the evolution of its policies of equality and diversity, FoC shall co-operate with the Institute in light of the Institute’s Equality Duties and Specific Duties and FoC shall take such steps as the Institute considers appropriate to promote race equality, equality of opportunity for disabled people and gender equality. 12.4 Where it appears to the Institute in relation to the provision of the services described in this Agreement that those making use of such services include no members of a particular race or sex or do not include disabled people or that a particular gender or race or disabled persons are under represented among those taking advantage of such services compared to their representation in those who could use the services, FoC shall take such actions as may be appropriate and reasonably practicable including the placing and using of advertisements to reach members of such racial or gender groups or disabled persons to encourage their use of such services. 12.5 The Institute shall be entitled to monitor FoC’s compliance with the Institute’s Policy and Schemes. 12.6 In order to enable the Institute to undertake the monitoring and to assist FoC in such monitoring, FoC shall within a reasonable time following a written request by the Institute, provide the Institute with all information requested which is necessary or required by the Institute in order to allow the Institute effectively to monitor FoC’s compliance with the Institute’s Policy and Schemes. 12.7 FoC shall notify the Institute immediately of any investigation of or proceedings against FoC under the Equality Legislation and shall co-operate fully and promptly with any requests of the person or body conducting such investigation or proceedings, including allowing access to any documents or data received, attending any meetings and providing any information requested. FoC shall indemnify the Institute against all costs, claims, charges, demands, liabilities, damages, losses and expenses incurred or suffered by the Institute arising out of or in connection with any investigation conducted or any proceedings brought under the Equality Legislation due directly or indirectly to any act or omission of FoC, its agents, employees or sub-contractors. 12.8 If the Institute considers that FoC has failed to comply with or may fail to comply with any one or combination of the Institute’s Policy and Schemes then: 12.8.1 it will raise any concerns it has with FoC in the first instance and seek an explanation for the actual or potential failures; 12.8.2 if the Institute is not satisfied with FoC’s explanation it will require, in writing, FoC to remedy the fault and FoC undertakes and agrees to do so as soon as it is reasonably practicable; and 12.8.3 if for any reason FoC fails to remedy or fails within a reasonable time to remedy the fault it will be in breach of this Agreement and the Institute shall be entitled to terminate the Agreement forthwith.