Kenilworth Golf Club  

 Statement of Intent

 Kenilworth Golf Club[the Club]) represented by the management committee/board of directors of the Club, in compliance with the Equality Act 2010 or any statutory modification thereof, relevant English, UK and European legislation and all other statutory obligations, are resolute in their determination to pursue respective equality of status to all members, visitors, guests, volunteers, present and potential employees, servants agents and service providers associated with the Club

.We will endeavour to ensure that every person, as identified above, regardless of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex or sexual orientation, pregnancy and maternity has a genuine opportunity to participate to their full potential at all levels and in all roles within the Club.

Equality Policy

 In accordance with the Equality Statement of Intent agreed by Kenilworth Golf Clubthe management committee/board of directors of the club have produced the following Equality Policy. This policy shall be subject to annual review and shall remain effective (subject to minor changes determined only by legislation by the need to make reasonable adjustments to practices procedures and policies or as agreed by practical experience, in keeping with current legislation) during this period.

• A copy of this document is available to all paid staff, service providers and members of the Club together with visitors and guests.
• No job application will be placed at a disadvantage by requirements or conditions which are not necessary to the performance of the job or which constitute unfair discrimination.
• All members, visitors, guests, employees, and service providers have responsibilities to respect, act in accordance with and thereby support and promote the spirit and intentions of the policy.
• The policy will be available for view on the Club website and in the Secretary and General Manager’s office.

Membership

• The Club will ensure that each application for membership will be determined in accordance with the Club’s statement on equal opportunities.

Other than the total maximum membership number applying to juniors as identified by the Articles of Association no upper membership limits will be applied to any category of membership by reference to any of the protected characteristics.

• The Club may apply an upper limit on the numbers in any category, (eg  five day members) provided that no category is determined by reference to any of the protected characteristics.
• All subscriptions will be based broadly on seven day membership but will also take account of opportunities for play, save where the Club have decided the need for positive action measures and have agreed to offer financial incentives eg.
• to alleviate disadvantage experienced by people who share a protected characteristic as identified above,
• for junior and intermediate members for the duration of the specified membership status,
• to encourage increased levels of membership to a pre-determined number within specific categories, which may include, for example, certain age groups or other selected under-represented groups 
• Such incentives shall only apply for the agreed duration of the specific recruitment drive initiative or until the requisite number of vacancies have been filled or, in the case of juniors, and intermediates until such time as the member no longer qualifies under the age requirements of the junior section.
• Honorary membership shall be offered to those members of either gender who have achieved the age of 80 years with 50 years of continuous playing membership.
• Discounted rates which have been available to six day female members shall remain in place and be ring fenced for those members who qualified for this category prior to the passing of the legislation and shall remain available throughout their continuing membership. No further female members shall be offered similar discounts.
• Applications for membership will be as determined by the Club Committee and will comply with the requirements of the Equality Act 2010 or any statutory modification thereof.
• Applicants who are considered to be suitable for membership will be allocated membership on a first come, first served basis save that the Club Committee may in their absolute discretion but only where the number of members in an under-represented group has fallen below the agreed minimum and solely to protect against the erosion of that group of members admit in preference to a member of another group an applicant who has a protected characteristic of the under represented group.

 Membership Rights 

• All material prepared, produced and distributed by, or on behalf of the Club will endeavour to promote a clear image of equality within the Club.
• Clear guidance and communication will be given to all members or individuals either governing or working for the Club on its commitment to Equity through the appropriate mediums.
• All participants at the Club, in whatever capacity shall receive fair and equitable treatment in all aspects of their membership.
• All members will have equal access to all function rooms and bars.
•  Members who wish to transfer their category of membership shall have their request considered by the Club Committee who will make their decision based on availability.
• All bye-laws introduced by the Club or Management Committees shall reflect fair and equitable treatment in respect of the club’s practices, policies and procedures that they are designed to address.

Officers of the Club 

Responsibilities

• The Management Committee is responsible for ensuring that the Club operates in accordance with the Memorandum and Articles of Association, as written and updated from time to time and in conformity with the Equality Act 2010 or any statutory modification thereof.
• The Management Committee shall be elected in accordance with the procedures as identified in the Articles of Association of the Club.
• Any member, who meets the criteria laid down in the Articles of Association for election to the Club or Management Committee, shall be encouraged to allow themselves to be nominated.

Captaincy

• There will be a Men’s Captain and Ladies’ Captain, of equal standing.
• Proposals and nominations for each captaincy will be in accordance with the procedures  identified in the Articles of Association.
• Each Captain shall comply with the responsibilities of captaincy as identified in the Constitution and the Captain’s Role Description and shall represent  the Club at alleventsthat fall within their jurisdiction.
• In their year of office the two Captains shall share responsibility and authority for all Club functions as defined in the Role Definition for the Club Committee and the Role Description for the Captains and will agree at the outset of their term of office thoseeventsthat will be undertaken individually or jointly.
• The Captains will agree jointly how the Club Committee will be chaired during the year of their captaincy as laid down in the Articles of Association

Presidency/ Captains/Chairman

• There shall be a Club President/ two Captains and a Chairman of Management who shall be selected and approved in accordance with the procedures identified in the Articles of Association and in conformity with the Equality Act of 2010.
• The Duties of the Chairman of Management and the President are defined in the “Role of the President, Chairman of Management and Directors.”
• It is the responsibility of the President to review and establish progress against aims and make recommendations to the Management Committee on an annual basis to ensure the Equality Statement and Policy remain appropriate and effective.
• It is the role of the Club President to ensure all Role Descriptions comply with the Equality Act 2010, that they are updated in that respect as appropriate and that office holders receive copies of the descriptions and receive appropriate briefing. 

Course access

General

All members shall enjoy equal access to the golf course at all times save only where this is superseded by the limitations of any restricted access membership.

• Conditions of Entry to Club competitions shall be as specifically identified in the Club Diary and in the Competition Overview provided on the Club web site.
• The playing of designated trophy competitions shall take precedence within the competition calendar of the Club. On such occasions and for the duration of the allotted tee reservation, the course will only be available to participants in the competition.
• Where it can be identified that the preponderance of male competitions denies equal access to females at weekends or at regular or particular times, the Club Committee will endeavour to ensure that suitable alternative opportunities for weekend play for females are included in the playing calendar the details of which will be easily accessible by all members.
• The Club Committee (via the Match and Competitions and Handicap Committees) will ensure there is equal opportunity for all members to take part in Handicap Qualifying Competitions in line with CONGU recommendations and requirements.
• When general play conditions prevail, access to the course shall allow for equal access to all categories of members.
• The Club Committee will ensure that juniors are afforded appropriate access to the practice facilities and to the course for competitions, matches and general play. 

Exemptions

• The Club reserves the right to limit competition to specific age, gender or disability groups where this is necessary to ensure equitable, safe and equal competition. The Club Committee will take positive action in providing opportunities to increase the inclusion of people from under-represented groups.

Rules and Bye Laws 

The terms and conditions of membership and playing rights do not affect the R&A Rules of Golf relating to Etiquette nor the general Rules and Bye Laws of the Club.

Compliance Committee 

• The Club President will individually or at her/his discretion, with the assistance of other officers of the Club, ensure that the requirements of the Equality Bill and the Terms and Conditions of this Equality Statement are being adhered to.
• The President will review on an annual basis,  progress against aims and ensure the Equality Statement and Policy remains appropriate and effective.
• The President shall report and make recommendations for update or change directly to the Management Committee with whom overall responsibility for ensuring adherence to the Equality Bill and the Terms and Conditions of this Equality Statement rests.
• It is the Responsibility of the Management Committee to agree and record detail in Management Committee minutes, appropriate actions to ensure that the Club is complying with the Equality Act of 2010 and to monitor the implementation of the agreed actions. 

Complaints

The content of this document applies equally to members, visitors, guests, employees and service providers of the club. The Management Committee assisted by the President has overall responsibility for ensuring that the requirements of this document are implemented.

The day to day responsibility for the Equality Opportunity Policy will rest with the Club Secretary/General Manager.

• Any complaint or grievance will be dealt with via the appropriate policy and procedures, e.g. Disciplinary Procedure, Grievance Procedure or Mediation process.
• Allegations of inequitable behaviour emanating from the actions of an employee of the club will be investigated in accordance with the terms and conditions of employment relating to that employee.
• Allegations of inequitable behaviour emanating from the actions of the club Professional or any of his staff who are members of the Professional Golfers Association (PGA) will be investigated in accordance with the terms and conditions of the agreed contract between the Club and the Professional staff or if none within the Complaints Procedure applying to a Breach of the Club’s Equality Policy. All incidents and allegations shall be notified to thePGAfor their records.
• Allegations of inequitable behaviour emanating from the actions of a member towards a fellow member, a visitor, a guest, an employee or service provider will be investigated within the Complaints Procedure applying to a Breach of the Club Equality Policy. If an incident involving a member of the Club is alleged to have occurred touching upon the conduct of a member at another golf club and reported to the Club in accordance with that club’s policies, the member shall be subject to a Disciplinary Hearing at the Club.
• Allegations of inequitable behaviour emanating from the actions of a casual visitor to the club who is a member of a golf club affiliated to the English, Scottish or Welsh Golf Unions towards a member, an employee, visitor, or guest will be initially investigated by the Secretary/general Manager of the Club. If the evidence leads the Secretary/General Manager to conclude that a breach of the Club Equality Policy has likely occurred, the evidence should be passed to the home club of the alleged offender to be further investigated and dealt with in accordance with their Disciplinary Procedures. If the home club declines to investigate the allegation the Club may refer the incident to their County Union/County Association for action under their Disciplinary Policy and Procedures. If the County Union/Association declines to investigate the Club may refer the incident to the relevant Home Golf Union for action under their Disciplinary Policy and Procedures. If such a situation occurs and the allegation is proven, the Club, in addition to any sanction imposed at that hearing, will exercise their own prerogative in respect of initiating an appropriate action and which will be limited to the authority of the Club, against the alleged offender on behalf of the Club.
• Allegations of inequitable behaviour emanating from the actions of a casual visitor to the club who is not a member of a golf club affiliated to any of the Home Unions towards a member, an employee, visitor or guest will be initially investigated by the Secretary/Manager of the Club. If the evidence leads the secretary/manager to conclude that a breach of the Club Equity Policy has likely occurred, the evidence should be passed to the appropriate authorities for action under the Equality Laws and to the relevant Home Union for action under their Disciplinary Policy and Procedures. If such a situation occurs and the allegation is proven, the Club, in addition to any sanction imposed at that hearing, will exercise their own prerogative in respect of initiating an action against the alleged offender banning them from the Club for a period of time to be agreed. In the event that an allegation is proven the Club (cognisant of Human Rights Law) will use its best endeavours to notify other clubs of the outcome and of the name of the offender.
• In all cases the alleged offender will be invited to attend the Disciplinary Hearing. If this invitation is declined then the hearing shall proceed absente reo. If any dispute arises in connection with this policy, the parties will attempt to settle it by mediation in accordance with the Mediation Procedure of the National Golf Club’s Advisory Association (NGCAA). Unless otherwise agreed between the parties, the mediator will be nominated by the Chairman of the NGCAA. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party (ies.) to the dispute requesting a mediation. A copy of the request should be sent to the NGCAA. The mediation will start not later than 56 days after the date of the ADR notice. The commencement of mediation will not prevent the party(ies) commencing or continuing court proceedings/an arbitration. 

Discipline

In accordance with the Club Code of Conduct, Disciplinary and Grievance Policy and Procedures, any reports of alleged breaches of our Equality Policy will be investigated and appropriate disciplinary action will be taken, based on the outcome of the investigation.

Signed

Jim McCarthy

Chairman of Management

April 2012

Appendix

Appendix 1

The main legislation which underpins this policy is:

? The Equal Pay Act 1970

? The Rehabilitation of Offenders Act 1974

? The Sex Discrimination Act 1975 (as amended in 1986, 1999 and 2008)

? The Race Relations Act 1976 (as amended in 2000)

? The Disability Discrimination Act (as amended in 2005)

? The Human Rights Act 1998

? TheScotlandAct 1998

? The Employment Equality (Religion or Belief) Regulations 2003

? The Employment Equality (Sexual Orientation) Regulations 2003

? The Gender Recognition Act 2004

? The Civil Partnership Act 2004

? The Disability Discrimination Act 2005

? The Equality Act 2006

? The Equality (Age) Regulations 2006

? The Equality Act 201