Creative Collaboration Code

Equal Opportunities, Grievance Policy & Procedure

Section 1: Overview

  • Introduction

At Springhead Constellation Limited (SCL) and the Constellation Choir and Orchestra (CCO), we believe that a culture based on equality, diversity and inclusion benefits our organisation and helps us to deliver and foster a professional working environment. We also believe that it enables our people to be valued for themselves, feel they belong at SCL & CCO, and that they and their contributions are valued.

We are committed to promoting a working environment in which all individuals – performers, artists, employees, contractors, collaborators, and audience members – can expect to be treated with dignity, trust, and respect.

This policy ensures a culture of inclusivity, professionalism, collaborative environments and mutual respect in all interactions, recognising the unique challenges and opportunities within an arts organisation.

This policy provides a framework to ensure that:

> Equality, diversity, and inclusion are integrated into our practices and procedures.

> We are compliant with the statutory duties under the Equality Act 2010.

We seek to ensure that no individual experiences less favourable treatment due to personal attributes or circumstances. All personnel working for SCL & CCO are clear that any form of unlawful discrimination is unacceptable. Our commitment to a safe and supportive environment means that any form of discrimination, harassment, or bullying will not be tolerated. Everyone at SCL & CCO has a role in cultivating this culture of mutual respect and understanding.

All personnel should be aware that they can be held personally liable as well as, or instead of, the organisation for any act of unlawful discrimination. Personnel who commit serious acts of harassment may be guilty of a criminal offence. Acts of discrimination, harassment, bullying or victimisation against colleagues or external partners may constitute gross misconduct and could lead to immediate dismissal.

 

  • Purpose

The purpose of this policy is to help us put our commitment to equality, diversity, and inclusion into practice, so that we can give equal opportunities to everyone. We are also committed to ensuring that our work environment is free of harassment and bullying and that everyone is treated with dignity and respect. We believe that by upholding this Creative Collaboration Code, we can build a thriving artistic community that values not only the work that we create but also the individuals who make it possible. Together, we commit to an ethos of mutual respect, shared purpose, and boundless creativity.

All individuals who work with SCL & CCO and its subsidiaries should understand our approach to handling grievances. Although we hope that most work-related issues can be resolved informally by the people directly involved, we recognise that sometimes a more formal process is required. This policy sets out the key information in regard to our Grievance procedure.

  • Scope

This policy and the associated procedures apply to all permanent and freelance staff of SCL & CCO and its subsidiaries, and where applicable, our performers, artists and creative collaborators, external partners, volunteers, interns, service providers and contractors. We will refer collectively to ‘personnel’ in this policy.

This policy applies to all aspects and stages of working with SCL & CCO, including but not limited to rehearsals, performances, workshops, and any affiliated activities online or offline. SCL & CCO expects the highest standards of behaviour from everyone.

This policy does not form part of any contract of employment and SCL & CCO may amend it at any time.

  • Roles and Responsibilities

All personnel are responsible for supporting the organisation in meeting its commitment to equality, diversity, and inclusion and avoiding unlawful discrimination. In particular:

> Co-operating with any measures introduced by SCL & CCO concerning equality, diversity, and inclusion and following agreed procedures.

> Treating colleagues and others, including external partners, visitors, contractors etc. with respect and in ways which are consistent with this policy.

> Setting a good example and ensuring all personnel understand the standards expected of them.

> Challenging and reporting breaches.

> Championing this policy in line with our values.

All personnel are responsible for seeking to resolve work related issues informally in the first instance, with the person or people most directly involved. It is possible that others are not aware or have not considered the impact of their actions, including the way they communicate, and may not have understood our policy or our practices. It is sometimes possible to resolve matters informally, by clarifying the situation and agreeing ways to avoid any repetition.

If issues of concern remain, personnel should raise them with SCL & CCO Management or a CCO Representative and, if necessary, escalate to a formal process by following the procedure set out in this policy. Everyone is responsible for adhering to the requirements of this policy.

We are committed to addressing and dealing promptly with concerns raised. All concerns will be handled with a duty of care for the health, safety and welfare of personnel. All concerns will be handled confidentially, impartially, with appropriate measures taken to resolve issues and ensure accountability. If alerted to a potential issue, we will manage informally in the first instance, but make clear to personnel that they have the right to escalate to formal process if a satisfactory resolution is not achieved.

All personnel are responsible to promoting a positive working environment to minimise potential work-related issues and ensure fair and equitable treatment of all individuals.

1.5. The Law

It is unlawful to discriminate directly or indirectly because of a ‘protected characteristic’. The Equality Act 2010 defines the protected characteristics as:

> age

> disability

> sex

> gender reassignment (which includes transsexual, gender fluid and non-binary)

> marriage and civil partnership

> pregnancy or maternity

> race (which includes colour, nationality, and ethnic or national origins)

> sexual orientation

> religion or belief.

1.6. Types of Unlawful Discrimination

Associate Discrimination – occurs when the individual treated less favourably does not have a protected characteristic but is discriminated against because of their association with someone who does.

Direct Discrimination – occurs when a person is treated less favourably because of a protected characteristic.

Discrimination arising from Disability – occurs when an individual is treated unfavourably because of something connected with that person’s disability and where such treatment is not justified.

Discrimination by Perception – is where the individual discriminated against or harassed does not have a protected characteristic, but they are perceived to have a protected characteristic.

Harassment – occurs when there is unwanted behaviour which has the purpose or effect of violating someone’s dignity or which creates a hostile, degrading, humiliating or offensive environment.

Indirect Discrimination – means putting in place a rule, policy, or way of doing things that has a worse impact on someone with a protected characteristic.

Victimisation – is treating someone unfavourably because they have taken some form of action relating to the Equality Act 2010 i.e., because they have supported a complaint or raised a grievance related to the Act, or because they are suspected of doing so.

1.7. Bullying

There is no legal definition of bullying. However, SCL & CCO regard it as conduct that is offensive, intimidating, malicious, insulting, or an abuse or misuse of power, and usually persistent, that has the effect of undermining, humiliating, or injuring the recipient.

Bullying can be physical, verbal, or non-verbal conduct. It is not necessarily face-to-face and can be done by email, phone calls, online or via social media. Bullying may occur at work or outside work.

If the bullying relates to a person’s protected characteristic, it may also constitute harassment and, is therefore unlawful.

1.8. Reasonable Adjustments

SCL & CCO is committed to creating an open and supportive culture and reasonable adjustments can be considered for any disability or health condition. If you have a disability or health condition, you do not have to disclose this, however, we encourage you to let us know so that we can best support you, for example, by making reasonable adjustments.

When deciding whether an adjustment is reasonable, we will consider:

> How effective the change will be in avoiding the disadvantage the individual would otherwise experience.

> Its practicality and cost.

> Our resources and size.

> The availability of financial support.

Section 2: Policy and Procedure

SCL & CCO is committed to addressing all concerns promptly, fairly, and sensitively. To ensure a transparent and structured process, the following steps are in place:

2.1. Dealing with grievances informally

If you have a grievance or complaint to do with your work or the people you work with you should, wherever possible, start by talking it over with SCL & CCO Management or an CCO Representative. Every effort should be made to agree a solution informally between you.

2.2. Formal Grievance  

If the matter is serious and/or you wish to raise the matter formally because you have been unable to reach a resolution through informal means, you should set out the grievance in writing to SCL & CCO Management.  Where your grievance is against the SCL & CCO Management member and you feel unable to approach them, you should approach the SCL Advisory Board instead.

2.3. Grievance Hearing  

Either a member of the SCL & CCO Management or SCL Advisory Board (depending on who the grievance is with) will call you to a meeting, ideally no later than ten working days of the receipt of your document. You have the right to be accompanied by a colleague or trade union representative at this meeting if you make a reasonable request. Your companion cannot be a legal representative. It may be possible for the hearing manager to give you a decision orally at the end of the meeting.

If a decision is not given at the end of the meeting, the hearing manager will seek to do this within 5 working days of the hearing but this may not be possible if it is necessary to gather further information before making a decision or if some other substantial reason means that this timeline must be extended.  The hearing manager will inform you and also indicate the likely time scale involved. The time scale will be determined at the discretion of the hearing manager.

The decision may include mediation, training, disciplinary measures, or other corrective steps.

2.4. Appealing a Decision

If you are unhappy with the hearing manager’s decision and you wish to appeal you should let the hearing manager know your grounds for appeal, in writing, within five working days of receiving the written outcome of your hearing. If this timescale is not possible you should explain why and seek permission for an extension up to a maximum of ten working days from the date of the written outcome. Grounds for appeal are one or more of the following reasons:

> more information has become available;
> the grievance hearing was flawed;
> the decision was unreasonable.

You will be invited to an appeal meeting, normally within 5 working days of receiving your appeal document, although this may be extended if necessary to accommodate the hearing manager’s availability or other significant factors. Your appeal will be heard by a member of the SCL Advisory Board, not previously involved in your case. You have the right to be accompanied by a colleague or trade union representative at this meeting if you make a reasonable request. Your companion cannot be a legal representative.

The appeal hearing manager will give you a decision in writing, normally within five working days of your appeal hearing. If for some other substantial reason this timeline must be extended, you will be notified. The hearing manager’s decision is final.

If you feel uncomfortable reporting internally or believe the issue requires external resolution, you may contact external bodies such as ACAS (Advisory, Conciliation, and Arbitration Service) or relevant legal authorities for advice and support.

2.5. Follow-Up and Resolution

The hearing manager will follow up with you to ensure the situation has improved, that no further issues persist and resolution has been achieved.

2.6. Maintaining Confidentiality

Information about grievances and concerns will be handled carefully and in accordance with the Data Protection Act 2018 to ensure that sensitive details remain confidential.

2.7. Monitoring and Review

This policy will be monitored and reviewed periodically with input from staff, artists, and external advisors to assess its effectiveness and will be updated to reflect changes in the law. SCL & CCO will communicate this policy clearly to all personnel at the start of each collaboration.