The Equality Act and Impact on Professional Bodies

1. The Equality Act and Impact on Professional Bodies Shameem Malik 03 November 2010

2. Aims of presentation • To provide the background to the Equality Act • To give an overview of the key changes to the Law • To enable you to start to prepare for the Equality Act.

3. Why we need the Equality Act • Women still earn 22.6% less per hour than men • Disabled people are still more than twice as likely to be out of work than non-disabled people • You are still 13% more likely to be out of work if you are from a Black and Minority Ethnic background.

4. Why we need the Equality Act • One in five older people are unsuccessful in getting quotations for motor insurance, travel insurance and car hire. • Six out of ten lesbian and gay school children experience homophobic bullying and contemplate suicide as a result

5. If we do not step up progress • The pay gap between men and women will not close until 2085 • It will take almost 100 years for Black and Minority Ethnic people to get the same job prospects as white people

6. Aims of Equality Act • Harmonise discrimination law • Strengthen the law to support progress on equality • Replace all existing equality legislation, including the Equal Pay Act • Applies to England, Scotland and Wales, not to Northern Ireland

7. Evolution of Main Equality Legislation 1970 Equal Pay(m/f) 1974 Ex-offenders 1975 Sex, maritalstatus 1976 Race, colouretc 2000 Race: +veduty 1999 Genderre-assign. 1998 Fair Employ’t N.I. 1995 Disability 2003 Religion orbelief 2003 Sexualorientation 2006 Age

8. Timeline of Equality Act • 1st October 2010 Main provisions in Act come into effect • April 2011 Public Sector duties extended • April 2012 Ban on age discrimination in the provision of goods and services • 2013 Gender Pay Reporting

9. Protected Characteristics • Age; • Disability; • Gender reassignment; • Marriage and civil partnership; • Pregnancy and maternity; • Race; • Religion or belief; • Sexual orientation.

10. Areas covered by the Act • Discrimination in most areas of activity, against people with protected characteristics described in the Act, is now unlawful. • These areas of activity include, for example, employment, education, housing, the provision of services and the exercise of public functions. • An organisation may have duties under more than one area of the Act

11. Prohibited Conduct • Direct Discrimination • Discrimination by association and perception • Dual Discrimination • Indirect Discrimination • Harassment • Victimisation

12. How does the Act change the Law? • Discrimination by association and perception • Single Equality Duty, extends existing duties under race, gender and disability to also include sexual orientation, religion/belief and age • A new public sector duty related to socio-economic inequalities

13. How does the Act change the law? • Pay Transparency • Definition of Disability • Occupational Requirement • Employment Reporting • Tribunal Recommendations

14. How does the Act change the law? • Dual discrimination • Positive action increased by broadening the voluntary measures employers and service providers can take • Procurement: public bodies will be able to use procurement to further equality objectives

15. Liability • Individual Liability rests with each employee if they discriminate against other employees or service users. • Vicarious liability rests with employers when their employees have discriminated if they have failed to take ‘all reasonable steps’ in order to prevent discrimination and harassment from occurring in the first place. • Vicarious liability does not apply to actions of members.

16. Reasonable Steps • E & D Policy - inform everyone • Reinforce Equality and Diversity Policy • Training for workforce • Appropriate complaints procedures • Sanctions to deter unlawful discrimination • Monitoring Steps must be preventative

17. Potential Impact on Professional Bodies • The Equality Act applies to all organisations including charities. • Applies to you as an employer and as a service provider. • A service provider is any organisation that provides goods, facilities or services to the public, whether paid for or free, no matter how large or small the organisation is.

18. Preparing for the Equality Act • In pairs or small groups please discuss the following: • What does the Act mean to professional bodies? • What will you need to consider in terms of equality practices in employment and service provision? • How does this impact on the business case for gender equality?

19. As an Employer: Examples of Action • Review HR related policies including equality and diversity policies, harassment and bullying policies to ensure they meet the new definitions of discrimination and harassment. • Review pre-employment questions about health • Check employment contracts for clauses prohibiting discussions about pay. • Raise awareness amongst staff about the Act

20. As a Service Provider • This might include: • Review the requirements of the Act and make sure you understand the implications for your organisation • Anticipate any changes that you might need to make and plan ahead • Looking for examples of good practice from other service providers • Consulting existing members about changes they think need to be made (although remember: existing members can only tell you about their needs – think about the needs of members who may not currently be able to access your services) • Obtain professional help

21. Stages of Embedding Equality • Dedicate resources • Diagnose the current culture or situation • Commit to a diversity policy providing direction for the future • Establish a strategy and action plan to make the policy real • Identify priorities • Establish clear leadership • Spread responsibility and empower broad-based action • Monitor and adjust strategies in response to successes or failures

22. Equality and Diversity Policy An effective policy: • explains who is covered by the policy • explains what you mean by service delivery • states your values and how you intend to put them into practice • Shows members you are serious about fairness in the way you provide your services • helps people understand what they can expect of your organisation • helps to win new members • supports your action plan • Tells members why and how they should complain if the policy is not met.

23. Action Plan Your action plan takes the goals of your equality policy and specifies:  • what will be done to achieve these goals • which senior person is responsible for each action • deadlines and targets for achieving the goals • how breaches of the policy will be tackled and rectified • how success or failure will be measured • how, and how often, progress will be reviewed.

24. Other Examples of Action • Dealing properly with complaints and grievances • Monitoring progress and encourage continuous improvement • Staff Training and Awareness Raising

25. Seek Specific Advice • Many of the changes will need to be tested out by the Courts and Tribunals before it is exactly clear what is meant • It is best to continue to take specific advice on specific situations as and when needed to ensure that your practices and procedures continue to comply with the law.

26. Further Information • Equality and Human Rights Commission has produced guidance: • The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. The Equality and Human Rights Commission helplines advise both individuals and organisations such as employers and service providers. • Website: www.equalityhumanrights.com • Helpline – England • Email: info@equalityhumanrights.comTelephone: 0845 604 6610Textphone: 0845 604 6620Fax: 0845 604 663008:00–18:00 Monday to Friday

27. Further Information • Charity Commission for England and Wales: • The Charity Commission registers and regulates charities in England and Wales. It will be publishing guidance on the Equality Act. • Website: www.charity-commission.gov.ukTelephone: 0845 300 0218Textphone: 0845 300 0219

28. Further Information • Government Equalities Office • Has produced summary guides to the Act explaining how the changes to the law affect different people and organisations and provides practical examples. • Website: www.equalities.gov.uk

29. The Equality Act and Impact on Professional Bodies Shameem Malik 03 November 2010