Equality and Diversity

1. Equality and Diversity Nicole Defraize Human Resources Manager

2. Equality and Diversity • Not another HR initiative • A diverse workforce is a dynamic workforce • Self interest • Doing things as they have always been done can disadvantage those who are different • Shortage of staff

3. Equality and diversity • Equality is another ongoing process. It means creating and maintaining policies, procedures and processes that ensure everyone is treated equally on their merits and abilities and given a fair chance to fulfil their potential • Diversity is about culture and the environment people work in

4. Equality and Diversity • We welcome the fact that you are different vs If you do not change and become one of us, then you will not fit in

7. Employment Legislation • Race Relations Act 1976 Amended to add Religion December 2003 • Sex Discrimination Act 1975 and 1986Amended to add Sexual Orientation December 2003 • Equal Pay Act 1970 • Equal Pay (amendment) Regulations 1983 • Disability Discrimination Act 1996

8. Equality and diversity • Right not to be discriminated on grounds of: • D…Y . R..E • A..E . C…R • G…..R . R…N • S..L O…N . E..C O…N • M…L S….S . N….L O..N

9. Trust Equal Opportunities Policy Right not be discriminated on the grounds of: • Age - Disability • Gender - National Origin • Sexual Orientation - Ethnic Origin • Marital Status - Religion • Race • Colour

10. Equality and Diversity • Age discrimination: In December 2006, the European Union employment directive article B will become law making age discrimination at work illegal • Although not possible to claim discrimination on grounds of age, it is possible to have cases of indirect discrimination

11. Sex Discrimination acts 1975 (amendment) regulations 2003 • States it is unlawful to discriminate in Employment Training education Provision of goodwill/facilities/services • Gives right of direct access to Employment tribunals • Applies to discrimination on grounds of sex of marriage and to women of men. • Allow for positive action • Equal opportunities Commission

12. Race Relations act 1976 (amended) 2003 • States it is unlawful to discriminate on the grounds of race inemploymenttrainingeducationprovision of goodwill/facilities/servicesdisposal and management of premises • Applies to discrimination on grounds of colour, race, nationality, citizenship, ethnic origin, national origin, religion or belief • Gives right of direct access to Employment Tribunals and Civil Courts • Allows positive action • Set up Commission for Racial Equality

13. Equal Pay Act 1970 and Amendments 1983 Equal pay for women and men • Equal pay for work of equal value • Applies to women, men, part-time, temporary, self-employed workers • Takes into account; overtime/bonus/piecework/general conditions of service such as holidays, etc • Gives right of access to Employment Tribunal

14. Equality and Diversity Direct and Indirect Discrimination are both unlawful: Section 1.(1) of the Sex Discrimination Act and Race Relations Act

15. Direct Discrimination This arises where a person treats another person less favourably on the grounds of their race or sex and disability than s/he would treat someone else. An example of this is refusing to employ someone because they are a woman or because they are Christian or because they are homosexual. It is not necessary to show intention, discriminatory motives can be inferred

16. Indirect Discrimination This occurs when a condition or requirement has the effect of unfairly and unjustifiably excluding members of a particular group. The proportion of people in that group who can comply with the condition/requirement must be small compared to the proportion of the ‘majority’ group who can comply. Examples include: requiring all employees to be over 6ft tall would exclude many women; nor allowing women to wear trousers as this would affect Muslim women.

17. Positive Action The SDA and RRA both allow for the use of ‘positive action’ in specific circumstances but do not permit the use of ‘positive discrimination’ other than for GOQs. The ‘positive action’ measures allowed are: training and encouragement to apply for jobs.

18. Genuine Occupational Qualifications (GOQ) Sex Discrimination Act Anything relating to physiology (not strength or stamina) or authenticity Reasons of decency or privacy Employment in a private home involving one specific sex Where live-in accommodation provides sleeping and sanitary facilities for one sex only In single-sex establishments such as hospitals, prisons, children’s and old people’s homes Jobs involving personal services, including welfare and education, best provided by one sex. Work abroad in a country whose laws or customs prevent a woman from being employed. Where the job is one of two held by a married couple

19. Genuine Occupational Qualification (GOQ) Race Relations Act For dramatic performances, or models for an artist or a photographer for reasons of authenticity Jobs in restaurants for reasons of authenticity Jobs involving personal welfare services, including education, best provided by one racial group

20. Disability Discrimination Definition of Disability: A person who has a ‘physical’ or ‘mental’ impairment that has a ‘substantial’ and ‘long-term’ adverse effect on his or her ability to carry out ‘normal day-to-day activities’.

21. Disability Discrimination Categories protected: • Job applicants • Employees • Self-employed • Contract and Agency workers

22. Equality and Diversity Reasonable adjustments: • To the physical environment • To the working hours • To the type of work and the processes involved • Move to another position no less favourable but can be more favourable • Accept may have higher sickness absence rate than other staff • If a need to re-deploy do not need to secure suitable alternative post by competitive interview even if a higher grade