Club Policies
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Code of Conduct
Cray Valley GC believes that it is the responsibility of everybody involved in our club to ensure it remains a safe place, free from discrimination, fear and where possible, risk.
In doing so we ask that you:
· Treat everyone fairly and do not discriminate on the grounds of characteristics such as race, gender, age, sexual orientation or disability etc.
· Respect the rights, dignity and worth of every person and treat everyone with mutual trust and respect.
· If you see any form of discrimination, do not condone it or allow it to go unchallenged, and report to the Section Captain, Club President or Club Secretary as soon as possible.
· Maintain the well-being and safety of all individuals.
· Promote the positive aspects of golf (e.g. fair play), at the club and when representing in the community.
· We will not tolerate any form of:
· Physical or verbal abuse
· Bullying & harassment
· Use of foul, abusive or discriminatory language
· Inappropriate physical contact
Responsibilities for players
The game of golf is based on honesty and integrity. Your responsibilities as a player are to:
· Play to the Rules of Golf (following any local rules), act with integrity, and refrain from using or overcoming any rule to any gain or unfair advantage.
· Play to the best of their ability.
· Certify scores accurately for fellow players after witnessing a round.
· Have only one handicap record, administered by a home club.
· Return all acceptable scores, making the best possible score on each hole – submitting competition scores promptly after play and general play scores before midnight on the day of play if using England Golf App, if using Masterscoreboard then 4pm is the cut off time.
· Pre-register any intent before starting to play.
Any breaches of this code of conduct will be subject to our disciplinary procedures and dealt with by the Cray Valley GC committee
Disciplinary Regulations
DEFINITIONS
1.1. In these Regulations the following words and phrases shall have the following meanings and interpretations:
“Adult at Risk of Harm” an individual aged 18 or over who: · is unable to look after their own wellbeing, property, rights or other interest; and · is at risk of harm (either from another person’s behaviour or their own behaviour); and · because they have a disability, mental disorder, illness or physical or mental infirmity, they are more vulnerable to being harmed than other adults;
“Appeal Panel” the individual or group of individuals appointed in accordance with these Regulations to deal with Appeals under these Regulations ;
“Appellant” the person or body who appeals a Decision of the Disciplinary Panel;
“Chairperson” The individual appointed by the Disciplinary Secretary to chair the Disciplinary or Appeal Hearing;
“Charge” The charge which is brought against the Respondent in respect of the disciplinary matter;
“Club” Cray Valley Golf Club, Orpington Golf Centre, Sandy Lane, Orpington. BR 3HY
“Club Rules” The rules of the Club which may include its bye-laws, constitution or articles of association, code of conduct and any other rules by which the Members are bound in accordance with their membership of the Club;
“Club Tournament” The rules of any competition, golfing event or tournament administered by the Club from time to time;
“Complaint” a complaint of misconduct or notification of a concern as referred to in Regulation 4;
“Complainant”
the person or body from whom a Complaint has been received by the Disciplinary Panel;
“Committee” The body that is running the Golf Club;
“County” The County Golf Union or Association to which the Club affiliates
“Disciplinary Panel” the group of individuals appointed by the Club to deal with disciplinary matters under these Regulations;
“Disciplinary Secre-
tary” the person who is nominated as the Disciplinary Secretary by the Committee from time to time;
“England Golf”
The English Golf Union Limited, The National Golf Centre, The Broadway, Woodhall Spa, Lincolnshire, LN10 6PU, Company Number: 5564018;
“Member” Any member of the Club in any membership category, including social or honorary mem-bers;
“Notice of Charge”
A written notice sent to the Respondent in any matter notifying them of the Complaint(s) and Charge(s) made and brought against them;
“Participant” Any person, whether a Member, a visitor, or a subscriber to the England Golf iGolf scheme, who takes part in or spectates at any golfing activity at the Club or who attends the club-house as a social/honorary member;
Player Any person who plays golf at the Club, whether or not they are a Member
“Respondent” the person who is the subject of the Complaint or disciplinary action brought by the Discipli-nary Secretary under the Regulations;
“Rules of Golf” the rules governing the playing of golf as jointly issued by the R&A and the USGA from time to time;
“Young Person” A person under 18 years of age.
2. WHO IS BOUND BY THESE REGULATIONS
2.1. These Regulations apply to all members and volunteers.
3. JURISDICTION OVER DISCIPLINARY MATTERS
3.1. These Regulations will apply to:
3.1.1. Alleged breaches of the Club Rules, Regulations, Codes and Practices, and its statement of values or standards of behaviour.
3.1.2. alleged breaches of the Rules of Golf, handicap infringements, disqualifica-tions and any breach of the rules of a Club Tournament; and
3.1.3. any matter in which an individual engages in any conduct which is inappro-priate, unlawful, unsporting or behaves in a manner which is unacceptable or opposed to the general interests of the Club or which brings the Club into disrepute.
3.1.4. any matter in which an individual engages in any conduct which is inappro-priate, unlawful, unsporting or behaves in a manner which brings the sport of golf into disrepute.
3.2. Incidents of a safeguarding nature must be referred to the England Golf Govern-ance team before any disciplinary action is taken under these Regulations.
4. RAISING OF COMPLAINTS
4.1. Any person or body may raise a complaint to be considered under these Regula-tions. Complaints should be made in writing, but the Club will make reasonable adjustments to deal with Complaints made in other ways where appropriate.
4.2. when the Club receives a Complaint, the Club shall appoint a Disciplinary Secre-tary, who shall be independent of the matter, to consider the matter and decide how to proceed.
5. NEXT STEPS
5.1. Following appointment, the Disciplinary Secretary may, without limitation:
5.1.1. Commence an initial investigation to obtain more information or evidence
5.1.2. Contact the Respondent for a response
5.1.3. seek advice from or refer the matter to any other appropriate body
5.1.4. resolve to deal with the matter informally
5.1.5. conclude that no further action is required
5.1.6. refer the matter to a disciplinary panel for further action.
5.2. In any event the Disciplinary Secretary will record the reasons for deciding on the appropriate next steps.
6. DEALING WITH THE MATTER FORMALLY: CONSTITUTING A DISCIPLINARY PANEL
6.1. If the Disciplinary Secretary decides that the matter should be dealt with formally, a Disciplinary Panel will be set up to deal with the matter.
The Disciplinary Panel will be made up of 3 individuals, who will all be independent of the complaint of incident giving rise to the matter. One member of the Disciplinary Panel will be appointed as Chair.
6.2. If at any time a member of the Disciplinary Panel either declares an interest or is deemed to have an actual or potential interest by the Chair (or if it is the Chair, another member of the Disciplinary Panel) they will be replaced by another indi-vidual.
7. ISSUING A NOTICE OF CHARGE
7.1. Once a Disciplinary Panel has been formed the Disciplinary Secretary will notify the Complainant of the decision to deal with the matter under these Regulations, and send a Notice of Charge to the Respondent clearly setting out:
7.1.1. The Regulation, rule or provision that the Respondent is alleged to have breached; and
7.1.2. A summary of the facts or circumstances that led to the Complaint and the Charge; and
7.1.3. Confirmation that these Regulations apply to the determination of the mat-ter; and
7.1.4. The time, date and location of any meetings that have been organised to discuss or otherwise deal with the matter; and
7.1.5. The rights of the Respondent under these Regulations to have a fair oppor-tunity to make representations in their defence; and
7.1.6. Instructions on what the Respondent must do to either admit or deny the Charge and the deadline for indicating their response.
8. ADMITTING OR DENYING THE CHARGE
8.1. The Respondent shall have at least 14 days from the date of the Notice of Charge to respond and either:
8.1.1. Admit the Charge; or
8.1.2. Deny the Charge, in which case the matter will be dealt with by a full disciplinary hearing.
8.2. If the Respondent admits the Charge, the Disciplinary Panel may deal with Deci-sions and Sanctions under Regulation [11]. The Respondent may make written representations in mitigation within 7 days from accepting the Charge or having been deemed to accept the Charge.
8.3. If the Respondent does not accept the Charge, the Disciplinary Panel will call a Disciplinary Hearing in accordance with Regulations [9-10].
8.4. If the Respondent does not respond to the Notice of Charge within the time period outlined at Regulation [8.1] above, the Disciplinary Panel may call a Disciplinary Hearing, and may treat the Respondent as having admitted the Charge.
8.5. If there are multiple Charges, the Respondent may admit or deny all or some of the Charges. The Disciplinary Panel may deal with Charges that are Admitted and Denied separately.
8.6. The Disciplinary Panel may deal with a disciplinary matter by way of an oral hear-ing either conducted in person or by audio or video conference call, or deal with the matter by way of written submissions, whichever method is most appropriate and proportionate to the issues at hand, and considering the needs and wishes of the Respondent and any other witnesses in deciding how to deal with the hearing.
9. NOTICE FOR DISCIPLINARY HEARINGS
9.1. The Disciplinary Panel will give reasonable notice of any hearing or deadline for written submissions and should consider at least one re-scheduling to take into account prior commitments.
10. ORAL DISCIPLINARY HEARINGS
10.1. The Respondent may be represented by a third party at any oral hearing, whether or not that person is a member of the Club (the “Representative”), and the Rep-resentative may make submissions but not give evidence on behalf of the Re-spondent.
10.2. The Respondent may be accompanied by another Member for support (the “Friend”), but the Friend may not make representations on behalf of the Respond-ent.
10.3. The procedure for an oral hearing will be at the discretion of the Chair. A standard hearing procedure is set out at Appendix 1 of this document, which may be fol-lowed by the Chair of the Disciplinary Panel.
10.4. Regardless of the procedures followed, the Respondent must be given a fair op-portunity to make representations and present evidence in their defence. The Re-spondent must also be given the opportunity to review and challenge evidence in support of the Complaint and Charge.
10.5. If the Respondent does not attend the hearing as arranged above, provided that the Disciplinary Panel is satisfied that notice of the hearing was received it may proceed and decide the case in the absence of the Respondent.
11. DECISIONS AND SANCTIONS
11.1. The Disciplinary Panel may reach such decision and/or impose such sanctions as it sees fit, including without limitation, to:
11.1.1. Dismiss the Charge as unproven;
11.1.2. Issue a warning or reprimand in respect of the misconduct or rule breach committed;
11.1.3. Suspend or exclude the Respondent from the Club and/or Club Competitions, Tournaments, Teams, meetings or other activities;
11.1.4. Suspend or exclude the Respondent from holding office within the Club for a specified or indefinite period of time;
11.1.5. Suspend the Respondent’s Membership of the Club;
11.1.6. Permanently expel the Respondent from the Club; and/or
11.1.7. A combination of any of the above or any other disciplinary action as consid-ered appropriate by the Disciplinary Panel as appropriate.
11.2. The decision taken by the Disciplinary Panel in relation to sanctions must be rea-sonable and proportionate in all the circumstances. The Disciplinary Panel will give reasons for its decision.
11.3. The decision of the Disciplinary Panel may be communicated to the Respondent orally at any oral Hearing, but must, in any event, be communicated in writing within 14 days of the decision being made.
11.4. If a right of appeal exists from the decision, the written decision must set out how that right can be exercised.
12. MATTERS INVOLVING YOUNG PERSONS OR ADULTS AT RISK
12.1. Where a disciplinary matter involves a Young Person and/or Adult at Risk of Harm, the Club, the Disciplinary Panel must be mindful of the needs of the person in question and take these into account when deciding:
12.1.1. The format of proceedings;
12.1.2. Whether any action is taken against such a Young Person or an Adult at Risk of Harm;
12.1.3. Whether any provisions in these Regulations should be varied.
12.2. The Disciplinary Panel should inform the Club Welfare Officer or, in their absence, the County Welfare Officer or the England Golf Safeguarding team of the circum-stances surrounding the Young Person and/or the Adult at Risk of Harm before taking any action under these Regulations.
12.3. Written permission should be obtained from any Parent / Carer of a Young Person or Adult at Risk of Harm where such person is asked to provide evidence and / or attend a hearing. Where a Young Person or Adult at Risk of Harm is asked to attend a hearing, they shall be afforded the opportunity to do so accompanied by any Parent / Carer and the Disciplinary Panel shall make sure that the Young Per-son or Adult at Risk of Harm fully understands the process taking place.
12.4. For the avoidance of doubt, the refusal of the Parent, Young Person or Adult at Risk of Harm to co-operate shall not preclude Club from taking disciplinary action against the Young Person or Adult at Risk of Harm.
13. APPEALS – ENGLAND GOLF FRAMEWORK
13.1. Decisions which relate to the Rules of Golf or to handicapping infringements fall within the England Golf Disciplinary Framework and are subject to a right of appeal as set out below.
Matter arising at Disciplinary body at first instance Appeal level
Club Club County
County County England Golf
National England Golf England Golf Appeals Panel
There will no further right of appeal.
13.2. If the Respondent wishes to appeal a decision of the Disciplinary Panel, they (the “Appellant”) must lodge the appeal to the Disciplinary Secretary in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
13.3. The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
13.3.1. The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it;
13.3.2. Serious procedural or other irregularity in the proceedings before the Disci-plinary Panel;
13.3.3. Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision; and/or
13.3.4. The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
13.4. Following receipt of a Notice of Appeal, the Disciplinary Secretary shall consider whether the Notice of Appeal is valid, that is received in time and sets out a valid ground or grounds of appeal (but not whether any grounds of appeal have been made out). If the Disciplinary Secretary considers that the Notice of Appeal is valid, they will forward it to the County Secretary of Kent Golf as appropriate. If the Disciplinary Secretary considers that the Notice of Appeal is not valid, they will return it to the Respondent and explain why it is not valid.
13.5. The Kent Golf Disciplinary Regulations will apply thereafter to any appeal, unless England Golf has determined that it should hear the matter, in which case the England Golf Disciplinary Regulations will apply.
14. APPEALS – INTERNAL CLUB MATTERS
APPEAL WITHIN THE CLUB
14.1. If the Respondent wishes to appeal a decision of the Disciplinary Panel to which Regulation 13 does not apply, they (the “Appellant”) must lodge the appeal to the Disciplinary Secretary in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
14.2. The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
14.2.1. The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it
14.2.2. Serious procedural or other irregularity in the proceedings before the Disci-plinary Panel
14.2.3. Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision, and/or
14.2.4. The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
14.3. Following receipt of a Notice of Appeal, the Disciplinary Secretary shall consider whether the Notice of Appeal is valid, that is received in time and sets out a valid ground or grounds of appeal (but not whether any grounds of appeal have been made out). If the Disciplinary Secretary considers that the Notice of Appeal is not valid, they will return it to the Respondent and explain why it is not valid.
14.4. If the Disciplinary Secretary considers that the notice of appeal is valid, the Disci-plinary Secretary will consider whether at least one ground of appeal being estab-lished, in which case the Disciplinary Secretary will appoint an Appeal Panel com-prising 3 individuals who have had no prior involvement and have no actual or potential interest in the matter. If the Disciplinary Secretary does not consider
that a ground of appeal has been established they will inform the Respondent with reasons.
14.5. The Appeal Panel shall determine whether an appeal of a Disciplinary Panel deci-sion shall be by way of review only or a full re-hearing of all the evidence presented to the Disciplinary Panel, with due consideration being given to any requests made by any relevant party.
14.6. An Appeal Hearing may deal with an appeal on the basis of written submissions from the Appellant and the Respondent or by way of an oral hearing. If any party requests an oral hearing, then this will be facilitated unless exceptional circum-stances mean that an oral hearing is impracticable.
14.7. The procedure for an Appeal Hearing shall be flexible and shall be at the discretion of the Appeal Panel, who may make such decisions as necessary to ensure the orderly and effective conduct of the hearing, subject to the overriding requirement of fairness.
14.8. The standard hearing procedure for disciplinary hearings set out at Appendix 1 may also be followed by the Appeal Panel at their discretion.
14.9. The Appeal Panel shall have the power to:
14.9.1. Dismiss the appeal;
14.9.2. Remit the matter for a re-hearing by the Disciplinary Panel;
14.9.3. Remit the matter for a re-hearing by a new Disciplinary Panel made up of different individuals than those originally appointed;
14.9.4. Substitute an alternative finding;
14.9.5. Reduce or increase the original sanction; and/or
14.9.6. Make such further order as they consider appropriate.
14.10. The decision of the Appeal Panel may be communicated at the Hearing, but must, in any event, be communicated in writing within 7 days of the hearing or deliber-ation of written submissions taking place.
15. MISCELLANEOUS PROVISIONS
15.1. The Disciplinary Panel will make decisions by a simple majority of over 50%. The Disciplinary Panel may give a single decision and is not obliged to disclose to the Respondent how individual members of the Disciplinary Panel voted or whether the decision was a majority decision or a unanimous decision.
15.2. The standard of proof in all cases before the Disciplinary Panel and the Appeal Panel is the balance of probabilities.
15.3. Any timescales or deadlines set in respect of matters dealt with under these Reg-ulations may be extended by the Chair in the light of all material circumstances of the case and the individuals involved in the case.
15.4. The Disciplinary Panel or the Appeal Panel may, where they deem it to be appro-priate bearing in mind all the circumstances of the matter, request an independent person to act as adviser to the Panel(s).
15.5. The Disciplinary Panel and Appeal Panel are not obliged to follow strict rules of evidence. They may admit such evidence, and attribute such weight to any piece of evidence, as they deem fit in the circumstances.
15.6. The Club will not be liable to any person, Member or Participant for any loss, how-ever, caused, whether direct, indirect, financial or consequential arising out of or in connection with any matters taken under these Regulations.
15.7. The laws of England & Wales shall apply to these Regulations.
Complaints Policy
SCOPE
This policy applies to any external complaints about the actions of CRAY VALLEY GC. All internal complaints are covered by the clubs Disciplinary & Grievance Procedures.
PURPOSE
This policy aims to establish a clear, transparent and accountable system for external parties to raise complaints about the Golf Club. This policy is also to act as the resolution procedure to resolve disputes between the Golf Club and its members.
PROCEDURE
If you consider we have fallen below the standards you would expect of CRAY VALLEY GC and you wish to lodge a complaint you should follow this procedure in order for us to address your concerns effectively and expeditiously.
• Please voice your concerns informally as soon as they arise with the member of the club committee whom you have been dealing with. Complaints can often arise due to simple misunderstandings and are often quickly and satisfactorily resolved by the parties involved.
• If your complaint is not dealt with to your satisfaction, then please contact the Club President or Club Secretary by letter or email. Within this, the following details should be included:
o Complainant’s name;
o Nature of complaint;
o Pertinent details and dates/ times;
o Name of the person or persons about whom you are complaining.
• If you raise a complaint by any other means, you will be asked to put your com-plaint in writing.
• If your correspondence is not clear as to whether it is a complaint, you may be asked to clarify.
• Any complaints addressed to anyone else in the Golf Club will be passed to the Club President or Club Secretary. If the complaint relates to the Club President or Club Secretary, it will be dealt with by another senior member of the club committee.
• The Club aims to acknowledge every complaint within two working days of re-ceipt. You will be advised at that time the name of the person who will take responsibility for dealing with your complaint.
• The officer will attempt to respond to you within 10 working days. If this is not possible then you will be notified and provided with an explanation for the delay.
• The result of the investigation will be reported to you, and should your complaint be upheld we will advise you what if, any remedy or rectification can be applied. We will write to you to confirm any final agreement or solution.
• If you are still not satisfied with the outcome or the manner in which your com-plaint has been handled, then you should raise the matter with The Committee within 14 days of our reporting to you.
CONTACT DETAILS
Please address any complaints to the Club President
Cray Valley Golf Club
Orpington Golf Centre
Sandy Lane
Orpington BR5 3HY
POLICY ENFORCEMENT
This policy will be enforced by the Club President.
REVIEW
This policy will be subject to regular review and amendment.
Data Protection Policy
Data Protection Policy
Our Policy
Cray Valley Golf Club is committed to complying with data protection law and to respecting the privacy rights of individuals. The policy applies to all members and volunteers.
This Data Protection Policy (“Policy”) sets out our approach to data protection law and the principles that we will apply to our processing of personal data.The aim of this Policy is to ensure that we process personal data in accordance with the law and with the utmost care and respect.
We recognise that we all have an important role to play in achieving these aims. It is your responsibility, therefore, to familiarise yourself with this Policy and to apply and implement its requirements when pro-cessing any personal data. Please pay special attention to sections 14, 15 and 16 as these set out the practical day to day actions that you must adhere to when working or volunteering for the club.
Data protection law is a complex area.This Policy has been designed to ensure that you are aware of the legal requirements imposed on you and on us and to give you practical guidance on how to comply with them. This Policy also sets out the consequences of failing to comply with these legal requirements. However, this Policy is not an exhaustive statement of data protection law nor of responsibilities in relation to data protection.
If at any time you have any queries on this Policy, your responsibilities, or any aspect of data protection law, seek advice. Contact the Club President or the Club Secretary.
1. Who is responsible for data protection?
1.1 All members are responsible for data protection, and each person has their role to play to make sure that we are compliant with data protection laws.
1.2 We are not required to appoint a Data Protection Officer (DPO).
2. Why do we have a data protection policy?
2.1 We recognise that processing of individuals’ personal data in a careful and respectful manner cultivates trusting relationships with those individuals. We believe that such relationships will en-able our club to work effectively with and to provide a better service to those individuals.
2.2 This Policy works in conjunction with other policies implemented by us from time to time.
3. Status of this Policy and the implications of breach.
3.1 Any breaches of this Policy will be viewed very seriously. All members must read this Policy carefully and make sure they are familiar with it. Breaching this Policy is a disciplinary offence and will be dealt with under our Disciplinary Procedure.
3.2 If you do not comply with Data Protection Laws and/or this Policy, then you are encouraged to report this fact immediately to the Club President or Club Secretary. This self-reporting will be taken into account in assessing how to deal with any breach, including any non-compliance which may pre-date this Policy coming into force.
3.3 Also, if you are aware of or believe that any other member is not complying with Data Protection Laws and/or this Policy you should report it in confidence to the Club President or Club Secretary.
4. Other consequences
4.1 There are a number of serious consequences for both yourself and us if we do not comply with Data Protection Laws. These include:
4.1.1 For you:
4.1.1.1 Disciplinary action: Where you are a volunteer, failure to comply with our policies could lead to termination of your volunteering position with us.
4.1.1.2 Criminal sanctions: Serious breaches could potentially result in crim-inal liability.
4.1.1.3 Investigations and interviews: Your actions could be investigated and you could be interviewed in relation to any non-compliance.
4.1.2 For the club:
4.1.2.1 Criminal sanctions: Non-compliance could involve a criminal offence.
4.1.2.2 Civil Fines: These can be up to Euro 20 million (around £18 million) or 4% of the clubs turnover whichever is higher.
4.1.2.3 Assessments, investigations and enforcement action: We could be assessed or investigated by, and obliged to provide information to, the Information Commissioner on its processes and procedures and/or subject to the Information Commissioner’s powers of entry, inspection and seizure causing disruption and embarrassment.
4.1.2.4 Court orders: These may require us to implement measures or take steps in relation to, or cease or refrain from, processing personal data.
4.1.2.5 Claims for compensation: Individuals may make claims for damage they have suffered as a result of our non-compliance.
4.1.2.6 Bad Publicity: Assessments, investigations and enforcement action by, and complaints to, the Information Commissioner quickly become public knowledge and might damage our club’s reputation. Court pro-ceedings are public knowledge.
4.1.2.7 Loss of business: Prospective members, participants, players and suppliers might not want to deal with us if we are viewed as careless with personal data and disregarding our legal obligations.
4.1.2.8 Use of time and resources: Dealing with assessments, investiga-tions, enforcement action, complaints, claims, etc takes time and effort and can involve considerable cost.
5. Data protection laws
5.1 The Data Protection Act 1998 (“DPA”) applies to any personal data that we process, and from 25th May 2018 this will be replaced by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (“DPA 2018”) (together “Data Protection Laws”) and then after Brexit the UK will adopt laws equivalent to these Data Protection Laws.
5.2 This Policy is written as though GDPR and the DPA 2018 are both in force, i.e. it states the position as from 25th May 2018.
5.3 The Data Protection Laws all require that the personal data is processed in accordance with the Data Protection Principles (on which see below) and gives individuals rights to access, correct and control how we use their personal data (on which see below).
6. Key words in relation to data protection
6.1 Personal data is data that relates to a living individual who can be identified from that data (or from that data and other information in or likely to come into our possession). That living individual might be a member, prospective member, Mytime employee and that personal data might be written, oral or visual (e.g. CCTV).
6.2 Identifiable means that the data might identify an individual on its own (e.g. a name or video footage) or might do if taken together with other information available to us or obtainable by us.
6.3 Data subject is the living individual to whom the relevant personal data relates.
6.4 Processing is widely defined under data protection law and generally any action taken by us in respect of personal data will fall under the definition, including for example collection, modifica-tion, transfer, viewing, deleting, holding, backing up, archiving, retention, disclosure or destruction of personal data, including CCTV images.
6.5 Data controller is the person who decides how personal data is used, for example we will always be a data controller in respect of personal data relating to our members.
6.6 Data processor is a person who processes personal data on behalf of a data controller and only processes that personal data in accordance with instructions from the data controller.
7. Personal data
7.1 Data will relate to an individual and therefore be their personal data if it:
7.1.1 identifies the individual. For instance, names, addresses, telephone numbers and email addresses;
7.1.2 its content is about the individual personally. For instance, medical records, credit history, a recording of their actions, or contact details;
7.1.3 relates to property of the individual, for example their home, their car or other posses-sions;
7.1.4 it could be processed to learn, record or decide something about the individual (or this is a consequence of processing). For instance, if you are able to link the data to the individual to tell you something about them, this will relate to the individual.
7.1.5 is biographical in a significant sense, that is it does more than record the individual’s connection with or involvement in a matter or event which has no personal connota-tions for them.
7.1.6 has the individual as its focus, that is the information relates to the individual person-ally rather than to some other person or a transaction or event he was involved in.
7.1.7 affects the individual’s privacy, whether in their personal, family, organisation or pro-fessional capacity, for instance, email address or location and work email addresses can also be personal data;
7.1.8 is an expression of opinion about the individual; or
7.1.9 is an indication of our (or any other person’s) intentions towards the individual (e.g. how a complaint by that individual will be dealt with).
7.2 Information about companies or other legal persons who are not living individuals is not personal data.
7.3 Examples of information likely to constitute personal data:
7.3.1 Unique names;
7.3.2 Names together with email addresses or other contact details;
7.3.3 Job title (if there is only one person in the position);
7.3.4 Video – and photographic images;
7.3.5 Information about individuals obtained as a result of Safeguarding checks;
7.3.6 Medical and disability information;
7.3.7 CCTV images;
7.3.8 Member profile information (e.g. marketing preferences); and
7.3.9 Financial information and accounts (e.g. information about expenses and benefits en-titlements, income and expenditure).
8. Lawful basis for processing
8.1 For personal data to be processed lawfully, we must be processing it on one of the legal grounds set out in the Data Protection Laws.
8.2 For the processing of ordinary personal data in our organisation these may include, among other things:
8.2.1 the data subject has given their consent to the processing (perhaps on their member-ship application form or when they registered on the club’s website)
8.2.2 the processing is necessary for the performance of a contract with the data subject (for example, for processing membership subscriptions);
8.2.3 the processing is necessary for compliance with a legal obligation to which the data controller is subject.
8.2.4 the processing is necessary for the legitimate interest reasons of the data controller or a third party (for example, keeping in touch with members, players, participants about competition dates, upcoming fixtures or access to club facilities).
9. Special category data
9.1 Special category data under the Data Protection Laws is personal data relating to an individual’s race, political opinions, health, religious or other beliefs, trade union records, sex life, biometric data and genetic data.
9.2 Under Data Protection Laws this type of information is known as special category data and crim-inal records history becomes its own special category which is treated for some parts the same as special category data. Previously these types of personal data were referred to as sensitive personal data and some people may continue to use this term.
9.3 To lawfully process special categories of personal data we must also ensure that either the indi-vidual has given their explicit consent to the processing or that another of the following conditions has been met:
9.3.1 the processing is necessary for the performance of our obligations in any legal pro-cess.
9.3.2 the processing is necessary to protect the vital interests of the data subject. The ICO has previously indicated that this condition is unlikely to be met other than in a life or death or other extreme situations;
9.3.3 the processing relates to information manifestly made public by the data subject;
9.3.4 the processing is necessary for the purpose of establishing, exercising or defending legal claims; or
9.4 To lawfully process personal data relating to criminal records and history there are even more limited reasons, and we must either:
9.4.1 ensure that either the individual has given their explicit consent to the processing; or
9.4.2 ensure that our processing of those criminal records history is necessary under a legal requirement imposed upon us.
9.5 We would normally only expect to process special category personal data or criminal records history in the context of our members/volunteers etc. for safeguarding checks.
9.6 When do we process personal data?
9.7 Virtually anything we do with personal data is processing including collection, modification, trans-fer, viewing, deleting, holding, backing up, archiving, retention, disclosure or destruction. So even just storage of personal data is a form of processing. We might process personal data using computers or manually by keeping paper records.
9.8 Examples of processing personal data might include:
9.8.1 Using personal data to correspond with members;
9.8.2 Holding personal data in our databases or documents; and
9.8.3 Recording personal data in personnel or member files.
10. Outline
10.1 The main themes of the Data Protection Laws are:
10.1.1 good practices for handling personal data;
10.1.2 rights for individuals in respect of personal data that data controllers hold on them; and
10.1.3 being able to demonstrate compliance with these laws.
10.2 In summary, data protection law requires each data controller to:
10.2.1 only process personal data for certain purposes;
10.2.2 process personal data in accordance with the 6 principles of ‘good information han-dling’ (including keeping personal data secure and processing it fairly and in a trans-parent manner);
10.2.3 provide certain information to those individuals about whom we process personal data which is usually provided in a privacy notice, for example you should have received one of these from us as one of our members.
10.2.4 respect the rights of those individuals about whom we process personal data (includ-ing providing them with access to the personal data we hold on them); and
10.2.5 keep adequate records of how data is processed and, where necessary, notify the Club President or Club Secretary and possibly data subjects where there has been a data breach.
10.3 Every member has an important role to play in achieving these aims. It is your responsibility, therefore, to familiarise yourself with this Policy.
10.4 Data protection law in the UK is enforced by the Information Commissioner’s Office (“ICO”). The ICO has extensive powers.
11. Data protection principles
11.1 The Data Protection Laws set out 6 principles for maintaining and protecting personal data, which form the basis of the legislation. All personal data must be:
11.1.1 processed lawfully, fairly and in a transparent manner and only if certain specified conditions are met;
11.1.2 collected for specific, explicit and legitimate purposes, and not processed in any way incompatible with those purposes (“purpose limitation”);
11.1.3 adequate and relevant, and limited to what is necessary to the purposes for which it is processed (“data minimisation”);
11.1.4 accurate and where necessary kept up to date;
11.1.5 kept for no longer than is necessary for the purpose (“storage limitation”);
11.1.6 processed in a manner that ensures appropriate security of the personal data using appropriate technical and organisational measures (“integrity and security”).
12. Data subject rights
12.1 Under Data Protection Laws individuals have certain rights (Rights) in relation to their own per-sonal data. In summary these are:
12.1.1 The rights to access their personal data, usually referred to as a subject access re-quest
12.1.2 The right to have their personal data rectified;
12.1.3 The right to have their personal data erased, usually referred to as the right to be forgotten;
12.1.4 The right to restrict processing of their personal data;
12.1.5 The right to object to receiving direct marketing materials;
12.1.6 The right to portability of their personal data;
12.1.7 The right to object to processing of their personal data; and
12.1.8 The right to not be subject to a decision made solely by automated data processing.
12.2 The exercise of these Rights may be made in writing, including email, and also verbally and should be responded to in writing by the club (if we are the relevant data controller) without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. We must inform the individual of any such extension within one month of receipt of the request, together with the reasons for the delay.
12.3 Where the data subject makes the request by electronic form means, any information is to be provided by electronic means where possible, unless otherwise requested by the individual.
12.4 If we receive the request from a third party (e.g., a legal advisor), we must take steps to verify that the request was, in fact, instigated by the individual and that the third party is properly au-thorised to make the request. This will usually mean contacting the relevant individual directly to verify that the third party is properly authorised to make the request.
12.5 There are very specific exemptions or partial exemptions for some of these Rights and not all of them are absolute rights. However, the right to not receive marketing material is an absolute right, so this should be complied with immediately.
12.6 Where an individual considers that we have not complied with their request e.g., exceeded the time period, they can seek a court order and compensation. If the court agrees with the individual, it will issue a Court Order, to make us comply. The Court can also award compensation. They can also complain to the regulator for privacy legislation, which in our case will usually be the ICO.
12.7 In addition to the rights discussed in this document, any person may ask the ICO to assess whether it is likely that any processing of personal data has or is being carried out in compliance with the privacy legislation. The ICO must investigate and may serve an “Information Notice” on us (if we are the relevant data controller). The result of the investigation may lead to an “Enforce-ment Notice” being issued by the ICO. Any such assessments, information notices or enforce-ment notices should be sent directly to our Club President or Club Secretary from the ICO.
12.8 In the event of a member receiving such a notice, they must immediately pass the communication to the Club President or Club Secretary.
13. Notification and response procedure
13.1 If a member has a request or believes they have a request for the exercise of a Right, they should:
13.1.1 Get the request confirmed in writing addressed to the Club President or Club Secre-tary; and
13.2 If a letter or fax exercising a Right is received by any member they should:
13.2.1 pass the letter to the Club President or Club Secretary
13.2.2 The Club President or Club Secretary will then respond to the data subject on the club’s behalf.
13.3 If an email exercising a Rights is received by any member they should:
13.3.1 pass the email to the Club President or Club Secretary
13.3.2 The Club President or Club Secretary will then respond to the data subject on the club’s behalf.
13.4 The Club President or Club Secretary will co-ordinate the club’s response which may include written material provided by external legal advisors. The action taken will depend upon the nature of the request. The Club President or Club Secretary will write to the individual and explain the legal situation and whether we will comply with the request. A standard letter/email from the Club President or Club Secretary should suffice in most cases.
13.5 The Club President or Club Secretary will inform the Club Committee of any action that must be taken to legally comply. The Club President or Club Secretary will co-ordinate any additional activity required by to meet the request.
13.6 The Club President or Club Secretary who receives the request will be responsible for ensuring that the relevant response is made within the time period required.
13.7 The Club President or Club Secretary’s reply will be validated by the club Committee. [For more complex cases, the letter/email to be sent will be checked by legal advisors].
14. Your main obligations
14.1 What this all means for you can be summarised as follows:
14.1.1 Treat all personal data with respect;
14.1.2 Treat all personal data how you would want your own personal data to be treated;
14.1.3 Immediately notify the Club President or Club Secretary if any individual says or does anything which gives the appearance of them wanting to invoke any rights in relation to personal data relating to them;
14.1.4 Take care with all personal data and items containing personal data you handle or come across so that it stays secure and is only available to or accessed by authorised individuals; and
14.1.5 Immediately notify the Club President or Club Secretary if you become aware of or suspect the loss of any personal data or any item containing personal data.
15. Your activities
15.1 Data protection laws have different implications in different areas of our organisation and for dif-ferent types of activity, and sometimes these effects can be unexpected.
15.2 Areas and activities particularly affected by data protection law include human resources, payroll, security (e.g. CCTV), customer care, sales, marketing and promotions, health and safety and finance.
15.3 You must consider what personal data you might handle, consider carefully what data protection law might mean for you and your activities, and ensure that you comply at all times with this policy.
16. Practical matters
16.1 Whilst you should always apply a common-sense approach to how you use and safeguard per-sonal data, and treat personal data with care and respect, set out below are some examples of dos and don’ts:
16.1.1 Do not take personal data out of the organisation’s premises (unless absolutely nec-essary).
16.1.2 Only disclose your unique logins and passwords to an authorised person and not to anyone else.
16.1.3 Never leave any items containing personal data unattended in a public place and this would include paper files, mobile phone, laptops, tablets, memory sticks etc.
16.1.4 Never leave any items containing personal data in unsecure locations, e.g. in car on your drive overnight and this would include paper files, mobile phone, laptops, tablets, memory sticks etc.
16.1.5 If you are staying at a hotel then utilise the room safe or the hotel staff to store items containing personal data when you do not need to have them with you.
16.1.6 Do encrypt laptops, mobile devices and removable storage devices containing per-sonal data.
16.1.7 Do lock laptops, files, mobile devices and removable storage devices containing per-sonal data away and out of sight when not in use.
16.1.8 Do password protect documents and databases containing personal data.
16.1.9 Never use removable storage media to store personal data unless the personal data on the media is encrypted.
16.1.10 When picking up printing from any shared printer always check to make sure you only have the printed matter that you expect, and no third party’s printing appears in the printing.
16.1.11 Use confidential waste disposal for any papers containing personal data, do not place these into the ordinary waste, place them in a bin or skip etc, and either use a confi-dential waste service or have them shredded before placing them in the ordinary waste disposal.
16.1.12 Do dispose of any materials containing personal data securely, whether the materials are paper based or electronic.
16.1.13 When in public place be careful as to who might be able to see the information on the screen of any device you are using when you have personal information on display. If necessary, move location or change to a different task.
16.1.14 Do ensure that your screen faces away from prying eyes if you are processing per-sonal data, even if you are working in the office. Personal data should only be ac-cessed and seen by those who need to see it.
16.1.15 Do challenge unexpected visitors or employees accessing personal data.
16.1.16 Do not leave personal data lying around, store it securely.
16.1.17 When speaking on the phone in a public place, take care not to use the full names of individuals or other identifying information, as you do not know who may overhear the conversation. Instead use initials or just first names to preserve confidentiality.
16.1.18 If taking down details or instructions from a member in a public place when third par-ties may overhear, limit the information which may identify that person to others who may overhear in a similar way to if you were speaking on the telephone.
16.1.19 Never act on instructions from someone unless you are absolutely sure of their iden-tity and if you are unsure then take steps to determine their identity. This is particularly so where the instructions relate to information which may be sensitive or damaging if it got into the hands of a third party or where the instructions involve money, valuable goods or items or cannot easily be reversed.
16.1.20 Do not transfer personal data to any third party without prior written consent of the Club President or Club Secretary.
16.1.21 Do notify the Club President or Club Secretary immediately of any suspected security breaches or loss of personal data.
16.1.22 If any personal data is lost, or any devices or materials containing any personal data are lost, report it immediately to the Club President or Club Secretary.
16.2 However, you should always take a common-sense approach, and if you see any areas of risk that you think are not addressed then please bring it to the attention of our Club President or Club Secretary.
17. Foreign transfers of personal data
17.1 Personal data must not be transferred outside the European Economic Area (EEA) unless the destination country ensures an adequate level of protection for the rights of the data subject in relation to the processing of personal data or we put in place adequate protections. This is mainly relevant to data held and accessed in Cloud-based services as well as some data processing the club may outsource like payroll processing or performance data analysis
17.2 These protections may come from special contracts we need to put in place with the recipient of the personal data, from them agreeing to be bound by specific data protection rules or due to the fact that the recipient’s own country’s laws provide sufficient protection.
17.3 These restrictions also apply to transfers of personal data outside of the EEA even if the personal data is not being transferred outside of our group of companies.
17.4 You must not under any circumstances transfer any personal data outside of the EEA without your line manager’s or the Club President or Club Secretary’s prior written consent.
17.5 We will also need to inform data subjects of any transfer of their personal data outside of the UK and may need to amend their privacy notice to take account of the transfer of data outside of the EEA.
17.6 If you are involved in any new processing of personal data which may involve transfer of personal data outside of the EEA, then please seek approval of the Club President or Club Secretary prior to implementing any processing of personal data which may have this effect.
18. Queries
18.1 If you have any queries about this Policy, please contact either the Club President or the Club Secretary.
EQUALITY, DIVERSITY & INCLUSION POLICY
EQUALITY, DIVERSITY & INCLUSION POLICY
1. STATEMENT OF INTENT
1.1 Cray Valley Golf Club (‘The Club’) shares the belief of England Golf and Kent Golf that golf belongs to everyone. All who play and all who aspire to play must have an equal opportunity to do so.
1.2 The Club is committed to the principles of equality and diversity throughout its membership, its volunteer workforce and any others with whom the Club engages.
1.3 The Club considers that everyone should play their part in making golf inclusive and aims to ensure that all people, irrespective of background or Protected Characteristics, have a genuine opportunity to engage with golf. We will not disadvantage any individual by imposing conditions or requirements which cannot be justified.
2. WHO DOES THIS POLICY APPLY TO?
2.1 This Policy shall apply to, and be binding upon the Club committee, its committee, volunteers, squad players, and representatives working, holding office, or acting for or on behalf of the Club.
3. OTHER IMPORTANT DOCUMENTS
This Policy works with other documents adopted by the Club, in particular:
· Disciplinary Regulations which may be used to deal with alleged breaches of this Policy.
· Safeguarding Children and Young People Policy, and Safeguarding Adults Policy, which will be followed in respect of any matters which give rise to a safeguarding concern.
· Complaints Policy which may be used to deal with concerns raised about the actions of the Club.
· Data Protection Policy which sets out how we will handle personal data, including data collected to monitor diversity in line with this Policy.
· EDI (Equality, Diversity and Inclusion) Policy.
· Code of Conduct Policy
4. POLICY IMPLEMENTATION
A. WHAT WE WILL DO
1. Promote fairness, equality, diversity and respect for everyone working, volunteering or participating in the sport of golf or otherwise engaging with the Club.
2. Ensure that all competitions, events and activities administered by the Club are carried out in a fair and equitable way (except where specific situations and conditions prevent this, or where we consider that Positive Action is a proportionate way to achieve a legitimate aim).
3. Monitor and review Club policies, procedures and regulations to ensure that they are consistent with the requirements of this policy, including policies relating to admission to membership.
4. Where practical we will take steps to monitor the diversity of the Club’s members, participants, players, volunteers and others that we may engage with in order to measure and assess the impact of this policy.
5. Provide appropriate guidance and support to volunteers, officials and others.
6. Make reasonable adjustments for those with a disability.
7. Make copies of this policy available.
B. WHAT WE WON’T DO
1. Discriminate against anyone, either directly or indirectly, on the basis of a Protected Characteristic.
2. Subject anyone to less favourable treatment on the basis of them doing a Protected Act (victimisation).
3. Subject anyone to harassment in relation to a Protected Characteristic (as outlined in section 7a).
5. REPORTING PROCEDURES
If you are concerned about the behaviour or conduct of someone at a Club event, someone representing the Club, or any other breach of this policy:
5.1 Please report the matter to the Club President or Club Secretary giving as much detail as possible.
5.2 If the matter is reported verbally, and you are able, please follow the verbal report in writing as soon as possible.
5.3 The Club will consider the appropriate way to deal with the matter, which may include referring the matter to and/or seeking guidance from England Golf.
6. HOW WE WILL DEAL WITH BREACHES OF THIS POLICY
6.1 When we receive a report or a concern that relates to this policy, we will ask the Club President to consider the matter initially. They will consider the appropriate next steps, which may include the following:
a. Seeking further information in relation to matters raised
b. Seeking guidance from England Golf or any other appropriate body or organisation
c. Referring the matter to another body or organisation
d. Dealing with the matter informally
e. Deciding which procedure is the most appropriate, such as the Safeguarding Policies or the Disciplinary Regulations, to progress the matter formally.
6.2 The Club will usually inform the person reporting the matter of the next steps and/or the outcome of the matter. However, there may be circumstances in which we are not able to disclose full details to the reporting individual. This may be because the law prevents us from doing so, because some information is confidential or to protect the safety or wellbeing of those involved.
7. KEY CONCEPTS, DEFINITIONS AND EXAMPLES
A. The Equality Act 2010 and Discrimination
Every individual and organisation to whom this Policy applies must not act in a way which is directly or indirectly discriminatory on the basis of a Protected Characteristic.
The Equality Act 2010 makes it unlawful to discriminate directly or indirectly against individuals or groups with certain “Protected Characteristics”. The “Protected Characteristics” are listed in section 4 of the Act:
· Age
· Disability
· Gender Reassignment
· Marriage and Civil Partnership
· Pregnancy and Maternity
· Race
· Religion or Belief
· Sex
· Sexual Orientation
Direct Discrimination
Direct Discrimination is defined at section 13(1) of the Equality Act 2010: “A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”
For example, if an action or decision is taken by a club which treats females less favourably than males, this would be considered direct discrimination on the grounds of sex, which is a protected characteristic.
Indirect Discrimination
Indirect Discrimination is defined at section 19(1) of the Equality Act 2010: “A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s.”
Indirect discrimination occurs where less favourable treatment is not the main effect or objective of an action or decision.
The nature of indirect discrimination is that the discriminatory effect can be an unexpected or unforeseen effect of a good faith decision. Complaints of indirect discrimination should be considered carefully and objectively, and not dismissed out of hand purely because the effect was not an expected or intentional one.
If, for example, a club has a rule or practice that certain competitions are only played on Saturdays, this would prevent members with certain religious beliefs from taking part in the competition. Although it may not have been the intention of the golf club, the effect is the less favourable treatment of members on the grounds of religion or belief, which is a protected characteristic. This is indirect discrimination.
Actions and Intentions
An action or decision can still be considered discriminatory even if the less favourable treatment is unintentional. It may not always be obvious to the perpetrator that their actions are discriminatory. Indirect discrimination is often unintentional, but it is not a defence to an allegation of discrimination to say that the perpetrator did not mean to discriminate against a person or group.
Discrimination can arise out of actions and decisions but can also arise out of omissions and failure to take actions or decisions.
Reasonable Adjustments
Everybody to whom this Policy applies is under a duty to make reasonable adjustments to avoid discriminating against any individual or group with the Protected Characteristic of Disability.
The duty is to make reasonable adjustments. It is not unreasonable for adjustments to cost time, money, or other resources. However, an adjustment may not be reasonable if the cost is disproportionately high or making the adjustment would be unfeasible. The resources required to make an adjustment are an important factor to be considered in deciding whether an adjustment is reasonable.
Positive Action
It can be lawful to make decisions that discriminate on the basis of a Protected Characteristic in very limited and exceptional circumstances, if the discrimination is a Positive Action taken in order to address an underrepresented group or Protected Characteristic. Positive Actions must be reasonable, justifiable, and clearly linked to a legitimate aim. Where a club decides to take Positive Action in respect of an underrepresented group, it should carefully record its decision making and the evidence it has considered, and review the practice regularly to ensure that the Positive Action does not continue for longer than reasonably necessary.
Examples
In a golfing context, some examples of discrimination might include:
· Not allowing the use of golf buggies, as this increases the cost of maintaining the course. Permitting the use of golf buggies may be a reasonable adjustment, and the increased course maintenance costs are a factor to be assessed in deciding whether or not the adjustment is reasonable.
· Restricting the number of tee times available to women during peak hours at a golf course. Whilst it may be permissible to limit access to the course at certain times, for example to allow a competition to be played, a club will need to be certain that it is providing equal opportunity to access the course for various groups.
· Not allowing competitions to be played on alternate days to accommodate for certain religious beliefs.
B. Harassment
Harassment is defined in section 26(1) of the Equality Act 2010. Harassment occurs where a person engages in unwanted conduct related to a Protected Characteristic (outlined in the Equality Act 2010), which has the purpose of either:
· Violating the other person’s dignity; or
· Creates an intimidating, hostile, degrading, humiliating or offensive environment for the other person.
In determining whether conduct amounts to harassment, in regard to:
· The perception of the victim
· Whether it is reasonable for the conduct to have the perceived effect
· The wider circumstances of the matter.
Sexual Harassment
Sexual harassment occurs where a person engages in unwanted conduct of a sexual nature, and the conduct has the purpose or effects outlined above.
One Off Incidents
A single, isolated, or one-off incident can still amount to harassment. The key consideration is the purpose or effect of the conduct.
Protection from Harassment Act 1997
Harassment can still occur even if it not based on a Protected Characteristic. The Protection from Harassment Act 1997 made it a civil, and sometimes a criminal, offence to carry out a course of conduct that amounts to harassment.
Examples
In a golfing context, some examples of unlawful harassment might include:
· Members making unwanted or inappropriate contact with colleagues at a golf club or facility.
· Targeting disabled golfers using buggies and demanding to see proof of a disability where this is not required by the terms of a competition, for example.
· Disproportionate and public criticism or sanctioning of an individual’s behaviour by an organisation for irrelevant or personal reasons. A clear disciplinary procedure will help to ensure that those facing disciplinary action at a club are treated fairly.
C. Victimisation
Victimisation is defined in section 27(1) of the Equality Act 2010.
Victimisation occurs where a person suffers a detriment because they do a Protected Act or are believed to have done a Protected Act.
Protected Act
A Protected Act includes making a complaint (whether in writing or not, formally or informally) or bringing legal proceedings under the Equality Act 2010 in relation to discrimination, harassment, bullying, or any other issue related to equality, diversity or Protected Characteristics.
Detriment
A detriment can be any less favourable treatment, including direct acts such as suspensions, fines, sanctions, and verbal and physical aggression.
It is not necessary to show that somebody is being treated less favourably than somebody else who did not do a Protected Act, only that they have been subject to a detriment because of a Protected Act.
Examples
In a golfing context, some examples of unlawful victimisation include:
· Initiating disciplinary proceedings against a person as a result of making a complaint about discrimination or harassment.
· Ignoring a person’s valid input into the management of a club or county after that person has made a complaint.
De-selecting a player from a squad or team because that person has made a complaint.
8. Further guidance and support
You can find further information from the following sources: · England Golf ED&I pages on website · England Golf Equality Guidance · equalityhumanrights.com/en
SAFEGUARDING POLICY
