Anti-Discrimination, Equality and Fair Treatment Policy and Procedure

1. Purpose

The purpose of this policy is to set out the company’s commitment to preventing discrimination, harassment, victimisation and unfair treatment in all areas of its business.

The company is committed to treating all employees, workers, consultants, clients, sellers, buyers, introducers, professional contacts and other third parties fairly, respectfully and without unlawful discrimination. The company expects third parties, whether clients, buyers, sellers or other third parties to treat its staff, consultants and other contacts respectfully and without unlawful discrimination. The company reserves the right to stop acting, decline instructions, suspend buyer registration and seller services, or end communications where a third party behaves in a discriminatory, abusive or unacceptable manner.

This policy applies to all areas of the company’s work as a business broker, including valuations, instructions, marketing, buyer registration, obtaining seller consents, negotiations, introductions, sale processes, communications, recruitment, employment, consultancy arrangements, complaints and business development.

2. Scope

This policy applies to:

• directors, employees, workers, consultants and contractors;
• clients instructing the company to sell or value a business;
• prospective buyers and registered buyers;
• professional advisers, introducers and referrers;
• suppliers and service providers;
• visitors and other third parties dealing with the company.

3. Legal Framework

The company will comply with the Equality Act 2010 and any other applicable UK equality and anti-discrimination legislation. The company will not discriminate unlawfully on the grounds of any protected characteristic. The protected characteristics are:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race, including colour, nationality and ethnic or national origin;
• religion or belief;
• sex;
• sexual orientation.

The company recognises that discrimination may be direct or indirect and may also include harassment, victimisation, failure to make reasonable adjustments for disabled people, or instructing, causing, inducing or helping another person to discriminate.

4. Policy Statement

The company is committed to:

• providing a working and business environment free from discrimination, harassment, bullying and victimisation;
• treating people with dignity, courtesy and respect;
• making decisions based on objective, lawful and business-relevant criteria;
• ensuring that clients, buyers and other contacts are not rejected, disadvantaged or treated less favourably because of a protected characteristic;
• ensuring that business sale and valuation processes are conducted fairly;
• taking complaints seriously and dealing with them promptly and confidentially where possible;
• taking appropriate action where this policy is breached.

5. Application to Business Broker Services

As a business broker, the company may be involved in sensitive discussions about ownership, succession, retirement, health, staffing, location, client base, business value, buyer suitability and commercial risk. The company will ensure that such discussions are handled professionally and without unlawful discrimination.

The company will not:

• refuse to act for a client because of a protected characteristic;
• refuse to register or communicate with a buyer because of a protected characteristic;
• describe a business, seller, buyer, employee or client group in discriminatory terms;
• use discriminatory criteria when assessing whether a buyer is suitable;
• encourage a seller to reject a buyer because of a protected characteristic;
• encourage a buyer to reduce an offer or withdraw because of a protected characteristic;
• publish discriminatory marketing material;
• tolerate discriminatory comments from clients, buyers, employees, consultants or third parties.

The company may make legitimate commercial assessments, for example in relation to funding, regulatory status, experience, professional qualifications, conflicts of interest, ability to complete a transaction, confidentiality risk, location, sector experience, buyer strategy or suitability. Such assessments must be based on objective business reasons and not on protected characteristics.

6. Marketing and Communications

All marketing materials, business listings, valuation reports, buyer communications and public statements must be professional, accurate and non-discriminatory.

The company will avoid language that could imply an unlawful preference or exclusion, unless there is a lawful and objectively justified reason.

For example, descriptions of a business for sale should focus on relevant commercial facts, such as turnover, profitability, work type, client base, staff structure, location, systems, regulatory status and deal structure. They should not contain unnecessary references to protected characteristics.

7. Recruitment, Employment and Promotion

The company will apply equal opportunities principles to recruitment, employment, promotion, training, pay, benefits, discipline, grievance, redundancy and termination. Recruitment and promotion decisions will be based on objective criteria, including skills, qualifications, experience, performance, conduct and business need. The company will not ask candidates or staff unnecessary questions about protected characteristics. Where equality monitoring is carried out, it will be voluntary, confidential and used only for lawful monitoring purposes.

8. Reasonable Adjustments

The company will consider and, where reasonable, make adjustments for disabled employees, workers, consultants, clients, buyers or other business contacts. Reasonable adjustments may include, depending on the circumstances:

• changing the format of documents;
• allowing additional time for meetings or responses;
• using accessible communication methods;
• arranging meetings by video or telephone where appropriate;
• adjusting working arrangements;
• ensuring meeting venues are accessible;
• providing support during recruitment or business processes.

Requests for adjustments should be considered promptly and sensitively.

9. Harassment, Bullying and Victimisation

The company will not tolerate harassment, bullying or victimisation.

Harassment may include unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation includes treating someone badly because they have made a complaint, supported a complaint, raised concerns about discrimination, or done anything else protected under equality law.

Examples of unacceptable conduct may include:

• discriminatory jokes, remarks or assumptions;
• offensive comments about age, disability, race, religion, sex, sexual orientation or any other protected characteristic;
• excluding someone from communications or opportunities for discriminatory reasons;
• pressuring staff to follow a client’s discriminatory instruction;
• retaliating against someone for raising a complaint;
• circulating offensive images, messages or social media content.

10. Responsibilities

Directors and Senior Management

Directors and senior management are responsible for:

• implementing this policy;
• setting appropriate standards of behaviour;
• ensuring complaints are handled properly;
• ensuring staff and consultants understand their responsibilities;
• taking action where discriminatory behaviour occurs;
• reviewing this policy periodically.

Employees, Workers and Consultants

All employees, workers and consultants are responsible for:

• treating others with dignity and respect;
• complying with this policy;
• avoiding discriminatory language or conduct;
• challenging or reporting inappropriate behaviour where reasonable;
• cooperating with investigations;
• maintaining confidentiality during complaints or investigations.

Clients, Buyers and Third Parties

The company expects clients, buyers and third parties to treat its staff, consultants and other contacts respectfully. The company reserves the right to stop acting, decline instructions, suspend buyer registration and seller services, or end communications where a third party behaves in a discriminatory, abusive or unacceptable manner.

11. Procedure for Raising Concerns

Anyone who believes they have experienced or witnessed discrimination, harassment, bullying or victimisation should raise the matter as soon as possible.

Concerns may be raised informally or formally.

Informal Resolution

Where appropriate, the person affected may explain to the individual concerned that their behaviour is unwelcome or inappropriate and ask them to stop.

If the person affected does not feel comfortable doing this, or if the matter is too serious for informal resolution, they should raise the matter with a director or manager.

Informal resolution will not be appropriate in every case. Serious allegations should be dealt with formally.

Formal Complaint

A formal complaint should be made in writing where possible and should include:

• what happened;
• when and where it happened;
• who was involved;
• whether there were any witnesses;
• any documents, emails, messages or other evidence;
• what outcome is being sought.

The complaint should be sent to a director, manager or other nominated person. If the complaint concerns that person, it should be sent to another director or senior person.

12. Investigation Procedure

The company will deal with complaints fairly, promptly and confidentially as far as reasonably possible.

The company will normally:

1. acknowledge the complaint;
2. consider whether any immediate protective steps are needed;
3. appoint an appropriate person to investigate;
4. speak to the person raising the complaint;
5. speak to the person complained about;
6. speak to any relevant witnesses;
7. review relevant documents, messages or records;
8. decide whether the complaint is upheld, partly upheld or not upheld;
9. confirm the outcome in writing where appropriate;
10. take appropriate action.

The company may adapt this procedure depending on the seriousness and circumstances of the complaint.

13. Outcomes and Action

If a complaint is upheld, action may include:

• an apology;
• training or guidance;
• a warning;
• disciplinary action;
• changes to working practices;
• changes to client or buyer handling arrangements;
• refusal to continue dealing with a client, buyer or third party;
• termination of employment, consultancy or commercial arrangements where appropriate and lawful.

Where an employee is found to have breached this policy, the matter may be dealt with under the company’s disciplinary procedure.

14. Protection Against Retaliation

No person will be penalised for raising a genuine concern or complaint under this policy, even if the complaint is not upheld.

The company will not tolerate retaliation, victimisation or adverse treatment against anyone who raises a concern, supports a complaint or participates in an investigation.

A complaint made maliciously or knowingly falsely may, however, be treated as a disciplinary matter.

15. Confidentiality and Records

Complaints and investigations will be handled confidentially as far as reasonably possible.

Information will only be shared with those who need to know in order to investigate, respond, take advice, comply with legal obligations or implement appropriate action.

The company will keep appropriate records of complaints, investigations, outcomes and actions taken.

16. Training and Awareness

The company will ensure that directors, employees, workers and consultants are made aware of this policy.

Training or guidance may be provided where appropriate, particularly for those involved in recruitment, client onboarding, buyer registration, valuation work, marketing, negotiations and complaint handling.

17. Monitoring and Review

The company will review this policy periodically and may update it to reflect changes in law, guidance, business practice or experience.

The company will also consider whether patterns of complaints, feedback or incidents indicate a need for further training, changes to procedure or management action.

18. Breach of Policy

A breach of this policy may result in disciplinary action, termination of consultancy or supplier arrangements, refusal to act for a client, removal of a buyer from the company’s database, or other appropriate action.

The company takes discrimination, harassment, bullying and victimisation seriously and expects everyone involved with the business to do the same.