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The Contractor shall:
in performing the Contract comply with the provisions of S.71(1) of the Race Relations Act 1976 (as amended) (the "Act") as if the Contractor were a body within the meaning of Schedule 1A of the Act (or any European equivalent which shall be deemed to include without limitation an obligation to have due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between persons of different racial groups);
comply with the provisions of Parts II, III and IV of the Act, where appropriate;
comply with the provisions of S.7 of the Act in all dealings with the Sub-Contractors;
not discriminate directly or indirectly against any person because of their colour, race, nationality or ethnic or national origin in decisions to recruit, train, promote, discipline or dismiss employees; and
for purposes of ensuring compliance with Sub‑Clauses 11.1.2 to 11.1.4 above, observe as far as possible the provisions of the Commission for Racial Equality's Code of Practice in Employment.
Where in connection with this Contract the Contractor, its agents or Sub- Contractors or the Contractor staff are required to carry out work on the Council's premises or on any other premises where the Council's employees are required to carry out work, the Contractor shall, to the extent required to comply with Clause 11.1.1, comply also with the Council's Race Equality Scheme and Equal Opportunities Policy. Copies of these documents can be found at http://www.thanet.gov.uk/
Monitor the representation among Contractor staff of persons of different racial groups (which shall mean groups of persons classified as 'ethnic groups' in the most recent official census by the Office of National Statistics or successor body); and
Where it appears to the Contractor that any racial group is under-represented in the Contractor staff by comparison with the proportion of members of that racial group known or believed to be engaged in similar trade or trades in the Relevant Area, the Contractor shall, so far as it is not prohibited from doing so by the Act undertake the following actions as may be appropriate:
(a) the placing of job advertisements designed to reach members of such racial groups and to encourage their applications;
(b) the inclusion in job advertisements of the following statement (or of a statement carrying the same or a similar meaning): 'We are an equal opportunities employer and encourage applicants from racial groups which are currently under-represented';
(c) the use of employment agencies and careers offices in areas where members of such racial groups live and work;
(d) the promotion of recruitment schemes for school-leavers designed to reach members of such racial groups;
(e) the provision of appropriate training and encouragement to members of Contractor staff from such racial groups to apply for promotion or transfer to positions where such racial groups are under-represented.
The Contractor shall 12 months from the date of the Contract and annually thereafter throughout the duration of the Contract submit a report statement to the Council demonstrating its compliance with Clauses 11.1, 11.2 and 11.3.
In addition to the report statement referred to in Clause 11.4, the Contractor shall provide such additional information as the Council may reasonably require for the purpose of assessing the Contractor's compliance with Clauses 11.1, 11.2 and 11.3.
Where the Contractor commits a breach of Clauses 11.1, 11.2 or 11.3 which amounts to a failure to meet the Performance standards referred to in Clause 12 (Performance Standards and Remedies), the provisions of Clause 12 (Performance Standards and Remedies) shall apply.
The Contractor shall notify the Authorised Officer forthwith in writing as soon as it becomes aware of any investigation of or proceedings brought against the Contractor under the Act.
Where any investigation is undertaken by a person or body empowered to conduct such investigation and/or proceedings are instituted in connection with matters referred to in the Contract being in contravention of the Act, the Contractor shall free of charge:
provide any information requested in the timescale allotted;
attend any meetings as required and permit Contractor's staff to attend;
promptly allow access to and investigation of any documents or data deemed to be relevant;
allow itself and any Contractor staff to appear as witness in any ensuing proceedings; and
co-operate fully and promptly in every way required by the person or body conducting such investigation during the course of that investigation.
Where any investigation is conducted or proceedings are brought which arise directly or indirectly out of any act or omission of the Contractor, its agents or Sub-Contractors, or the Contractor's staff, and where there is a finding against the Contractor in such investigation or proceedings, the Contractor shall indemnify the Council with respect to all costs, charges and expenses (including legal and administrative expenses) arising out of or in connection with any such investigation or proceedings and such other financial redress to cover any payment the Council may have been ordered or required to pay to a third party.
In the event that the Contractor enters into any sub‑contract in connection with this Contract, it shall impose obligations on its Sub‑Contractors in terms substantially similar to those imposed on it pursuant to this Clause 11.
The Contractor shall in providing the Services comply with the provisions of the Disability Discrimination Act 1995 and the Sex Discrimination Act 1975.
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E-mail: contracts@thanet.gov.uk
Tel: 01843 577111