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Public Sector Duties in Higher Education Conference

This conference explores the public sector duties in higher education, including inequalities, the changing context, and the role of the Equality Challenge Unit. It discusses individual rights, the need for equality and opportunities, and the impact of the Single Equality Act.

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Public Sector Duties in Higher Education Conference

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  1. UCU Post-’92 staff conference The public sector duties in higher education Nicola Dandridge Equality Challenge Unit 23 November 2007

  2. The public sector duties in higher education • Public sector duties • Inequalities in higher education • The changing context • Equalities Review • EHRC and human rights • Single Equality Act • Europe • Taking forward the public sector duties • Equality Challenge Unit

  3. The public sector duties – the context • Individual rights in relation to race, gender, disability, sexual orientation and religion or belief (since 2003), and age (since 2006) • For HEIs extend to staff and students • Individual rights

  4. The public sector duties • Race : public authorities must “have due regard to the need to eliminate unlawful discrimination and promote equality of opportunity and good race relations in carrying out their functions” • Disability : also includes the need to promote positive attitudes towards disabled people, and to encourage their participation in public life

  5. Gender • Public authorities must “have due regard to the need to eliminate unlawful discrimination and harassment, and to promote equality of opportunity between men and women” • Specific duties require consideration of the need to include objectives to address the causes of any gender pay gap

  6. The higher education context • Unequal representation : issues of equality • Subject segregation, impact on and of RAE • Declaration of disability (2%) • Long hours culture and flexible working • Pay gap (14%) • Lack of data (sexual orientation)

  7. Final Report of the Equalities Review 2007 • Prioritise disadvantage • Disadvantage in employment: • Mothers of disabled children face the worst disadvantage • Lone parent/partnered parent with children under 11 • Partnered mother with children over 11 • Pakistani and Bangladeshi women • Disabled people • Women • Intersections

  8. Equality and Human Rights Commission – October 2007 • Mission statement:‘The Equality and Human Rights Commission champions equality and human rights for all, working to eliminate discrimination, reduce inequality, protect human rights and to build good relations, ensuring that everyone has a fair chance to participate in society.’ • Chair,Trevor Phillips : “The [race] duty has resulted in an approach that places more importance on strict compliance with processes than on delivering real outcomes.”

  9. Proposed Single Equality Act • Single Equality Bill, due November 2008 • Discrimination Law Review • Harmonisation of legislation • Emphasis on social cohesion and relations between groups • New single public sector duty (but will it extend to all 6 equality groups?)

  10. Proposed single equality duty • The proposed single duty will: • Address disadvantage for protected groups • Promote respect for the equal worth of different groups and foster good relations within and between groups • Meet different needs of different groups while promoting shared values • Promote equal participation

  11. European approach • Equality a clearly articulated priority • But also : “As the German constitutional court recognised with regard to the display of the crucifix in school, the aim in balancing such complex competing rights is to achieve ‘practical concordancy’… In effect, what the Directive can provide is consistency in terms of clear procedural safeguards…” European Commission : Religion and Belief Discrimination in Employment, 2007

  12. Public sector duties – unresolved issues • Single equality commission but no single equality law • Logic and justice of 3 public sector duties, but 6 equality strands • Relationship between equality and human rights • Enforceable through EHRC • Role of intersections

  13. Using the public sector duties • Three public sector duties are mandatory • Extension of the public sector approach to all 6 equality groups • Development of single equality schemes • Identification of priorities, by reference to disadvantage? • Relevance : • campus relations • equal pay • freedom of speech

  14. Equality Challenge Unit • Established in 2001 to promote equality for staff in HE • Extended in 2006 to include students • Funded by the 4 UK funding Councils, UUK and GuildHE • 14 staff, based in London • Strategy 2007-2010 • 2007 programme

  15. 2007 programme • Equality data and the evidence base • Supporting compliance (eg equality duties; Age Regulations) • Working with institutional functions • Projects addressing disability disclosure; single equality schemes; “Promoting Good Campus Relations”; flexible working; Athena Swan • Currently developing 2008 programme

  16. 7th Floor Queens House • 55/56 Lincoln's Inn Fields • London • WC2A 3LJ • Tel: 0207 438 1010 • Fax: 0207 438 1011 • www.ecu.ac.uk

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