Discrimination March 2010


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One-day interactive training course for a not-for-profit organisation based in London with an emphasis on equal pay, gender and ageism.

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Discrimination March 2010

  1. 1. Preventing discrimination<br />by Fluid <br />March 2010<br />
  2. 2. Page 2<br />Contents<br />3-4 Introduction to Fluid<br />5-6 Sifting CVs<br />7-9 Equality monitoring<br />11-15 Diversity checklist<br />16-17 Carers<br />18-19 Dyslexia<br />20-21 Expats<br />22-29 Equal pay<br />30-39 Gender<br />34-35 Sexual orientation<br />36-37 Smoking<br />40-45 Ageism<br />46-48 Religion<br />49-50Exercise<br />51-52Case studies<br />53-54 Conclusion and questions<br />
  3. 3. Page 3<br />Introduction<br />
  4. 4. Page 4<br />Introduction to Fluid<br />Fluid Consulting Limited (Fluid) is a specialist human resources consultancy headed by Tim Holden MCIPD <br />10 years in banking<br />10 years in Human Resources consultancy<br />Fluid trading since 2006<br />The core services provided by Fluid are:<br /><ul><li>Retention
  5. 5. Selection</li></ul>- Attraction<br />- Remuneration & Reward <br />- Outplacement<br />- Training & HR consultancy<br />
  6. 6. Page 5<br />Sifting CVs<br />
  7. 7. Page 6<br />Sifting CVs<br /><ul><li>Clearly define what you are looking for
  8. 8. Produce clear sifting guidelines
  9. 9. Identify appropriate qualifications
  10. 10. Ensure accuracy and consistency
  11. 11. Tell candidates what information you need
  12. 12. Request reasons for leaving previous jobs
  13. 13. Quality-assure your processes
  14. 14. Track decisions for speculative CVs
  15. 15. Ask recruiters to provide guidance on writing a skills-based CV</li></li></ul><li>Page 7<br />Equality monitoring<br />
  16. 16. Page 8<br />Equality monitoring 1 of 2<br /><ul><li>TEN STEPS TO EQUALITY
  17. 17. Define equality
  18. 18. Build a consensus on equality
  19. 19. Measure progress towards equality
  20. 20. Transparency about progress
  21. 21. Targeted action on persistent inequalities
  22. 22. A simpler legal framework
  23. 23. More accountability for delivering equality
  24. 24. Using procurement and commissioning positively
  25. 25. Enabling and supporting organisations in all sectors
  26. 26. A more sophisticated enforcement regime</li></li></ul><li>Page 9<br />Equality monitoring 2 of 2<br /><ul><li>TOP AREAS COVERED BY EQUALITY MONITORING
  27. 27. New recruits
  28. 28. Applicant numbers
  29. 29. People shortlisted
  30. 30. Grades/salary levels
  31. 31. Disciplinaries
  32. 32. Grievances
  33. 33. Resignations
  34. 34. Dismissals
  35. 35. Succession training
  36. 36. Career progression and/or promotions</li></li></ul><li>Page 10<br />Diversity checklist<br />
  37. 37. Page 11<br /><ul><li>DEVELOPING A VISION
  38. 38. When formulating your vision, try to use as plain a style of language as possible so as not to exclude or marginalise anyone
  39. 39. Make sure diversity and equality is relevant to all employees
  40. 40. Ensure your vision encompasses both employees and customers/service users</li></ul>Diversity checklist 1 of 5<br />
  41. 41. Page 12<br /><ul><li>TAKING A STRATEGIC APPROACH
  42. 42. Adopt a strategic, systemic and planned approach to diversity and equality
  43. 43. Link diversity and equality into the organisation’s business objectives and strategy
  44. 44. Ensure that your strategy touches every aspect of organisational life</li></ul>Diversity checklist 2 of 5<br />
  45. 45. Page 13<br /><ul><li>SHARING OWNERSHIP
  46. 46. Build support/accountability for diversity and equality across the business
  47. 47. Integrate diversity and equality into the business so it becomes a mainstream issue owned by all
  48. 48. Senior-level leadership, involvement and support are essential
  49. 49. Encourage people across the business and at senior levels to champion diversity and equality issues</li></ul>Diversity checklist 3 of 5<br />
  50. 50. Page 14<br /><ul><li>CHANGING BEHAVIOUR
  51. 51. Focus on learning and development at a deeper level, use tools such as acting, DVDs, e-learning and debating forums so that people can get to grips with the issues
  52. 52. Good communication helps to build a supportive and inclusive culture-use different communication methods to talk about diversity and equality such as team briefings, internal magazines, staff events and activities/intranets
  53. 53. Ensure your leadership development strategies develop authentic, congruent, humble and courageous leaders-your whole business is likely to gain as a result</li></ul>Diversity checklist 4 of 5<br />
  54. 54. Page 15<br /><ul><li>MEASUREMENT AND EVALUATION
  55. 55. Set objectives upfront when implementing diversity and equality strategies
  56. 56. Monitor progress against these objectives on an agreed periodic basis
  57. 57. Tie diversity and equality objectives into the performance management system so that individuals are assessed against this in their appraisals
  58. 58. Build up a picture of what success around diversity and equality will look like in the future</li></ul>Diversity checklist 5 of 5<br />
  59. 59. Page 16<br />Carers<br />
  60. 60. Page 17<br /><ul><li>COLEMAN CASE
  61. 61. It is arguing that people e.g. carers associated with disabled people have the right not to be discriminated against because of this association
  62. 62. It is not seeking a standalone right to flexible working, or any other ‘reasonable adjustment’ for carers
  63. 63. The Advocate General’s opinion, if followed, will protect carers of disabled people from direct discrimination and harassment
  64. 64. The same principles will have to apply to age discrimination, e.g. carers of elderly relatives</li></ul>Carers<br />
  65. 65. Page 18<br />Dyslexia<br />
  66. 66. Page 19<br /><ul><li>A disability under the Disability Discrimination Act has to be a ‘physical or mental impairment’ with a ‘substantial and long-term adverse effect’ on someone’s ability to ‘carry out normal day-to-day activities’
  67. 67. If an impairment affects one of the capacities listed in the DDA, it will almost inevitably have a adverse effect on normal day-to-day activities
  68. 68. High-pressure assessments are normal day-to-day activities, as are other activities relevant to a person’s participation in professional life</li></ul>Dyslexia<br />
  69. 69. Page 20<br />Expats<br />
  70. 70. Page 22<br /><ul><li>Expatriates working in the UK when dismissed can claim unfair dismissal and disciplinary discrimination here. This does not apply to those on a ‘casual’ visit during the course of their duties.
  71. 71. Employees who work wholly outside the UK and are employed by an organisation based overseas are unlikely to be able to make unfair dismissal and disability claims here
  72. 72. Employees who are posted abroad by a British employer for the purposes of a business carried on in the UK can make unfair dismissal and disability discrimination claims here </li></ul>Expats<br />
  73. 73. Page 5<br />Equal pay<br />
  74. 74. Page 23<br /><ul><li>WHAT IS EQUAL PAY?
  76. 76. Discrimination
  77. 77. Years of full-time employment experience
  78. 78. Interruptions to the labour market due to family care
  79. 79. Years of part-time employment experience
  80. 80. Education</li></ul>Equal pay 1 of 7<br />
  82. 82. 1. A tribunal must first ask whether the arrangements are discriminatory-in that they directly or indirectly treat women less favourably than men
  83. 83. 2. If the answer is yes, the tribunal should go on to consider whether:
  84. 84. An employer’s knowledge of pay inequality is only relevant to the second question
  85. 85. A discriminatory effect is measured objectively-knowledge, intention and motive are factors to be considered as part of justification</li></ul>Equal pay 2 of 7<br />
  87. 87. To identify areas of inequality within the organisation
  88. 88. In response to a decision made by the HR department
  89. 89. To be seen as a ‘good practice’ employer
  90. 90. To ensure transparency and openness
  91. 91. To avoid employment tribunal cases
  92. 92. To fulfill an agreement with trade unions
  93. 93. In response to a request from employees</li></ul>Equal pay 3 of 7<br />
  94. 94. Page 26<br />Equal pay 4 of 7<br /><ul><li>EQUAL PAY REVIEWS
  95. 95. Step 1-decide the scope of the review and identify the data required
  96. 96. Step 2-identify where women and men are doing equal work
  97. 97. Step 3-collect and compare pay data to identify any significant equal pay gaps
  98. 98. Step 4-establish the causes of any significant equal pay gaps and assess the justifications for these
  99. 99. Step 5-develop an equal pay action plan and review/monitoring</li></li></ul><li>Page 27<br /><ul><li>Ensure your pay system is transparent to avoid uncertainty and perceptions of unfairness. Employees who understand their remuneration packages may be less likely to challenge them
  100. 100. Impose narrow pay bands wherever possible, and clearly define progression between the bands
  101. 101. Be clear about what employees actually do, rather than what their job descriptions say they do. Keep job descriptions up to date</li></ul>Equal pay 5 of 7<br />
  102. 102. Page 28<br />Equal pay 6 of 7<br /><ul><li>Consider alternatives to pay protection arrangements (such as a one-off lump sum). The longer the period of pay protection the harder it will be to justify
  103. 103. When deciding starting salaries for new employees, do not rely too much on their previous salary otherwise you may be perpetuating a previous employer’s inequality </li></li></ul><li>Page 29<br /><ul><li>BEST PRACTICE CHECKLIST
  104. 104. Are your pay packages, including access to bonuses, the same for men and women?
  105. 105. Is your pay reviewed centrally or bargained individually?
  106. 106. Are women clustered in lower paid jobs or grades?
  107. 107. Is there informal job segregation between men and women in different sectors?
  108. 108. Is the take-up of job share, part-time or other work life balance options distributed equally between men and women, and does exercising these options affect pay or promotion prospects?
  109. 109. Are part timers paid pro rota to full timers?
  110. 110. And most importantly, what effect does this have on business performance?</li></ul>Equal pay 7 of 7<br />
  111. 111. Page 30<br />Gender<br />
  112. 112. Page 31<br /><ul><li>STATISTICS
  113. 113. There are five female Chief Executives of FTSE100 companies, and three of them are American
  114. 114. One in four FTSE100 companies have exclusively male boards
  115. 115. Women hold 12% of FTSE100 directorships
  116. 116. Women hold 15% of non-executive directorships
  117. 117. Over the past ten years the number of women on boards has risen by 5%</li></ul>Gender 1 of 9<br />
  118. 118. Page 32<br /><ul><li>Bangladeshi and Pakistani women are the UK’s most under-employed group
  119. 119. Despite a recognition that education and work are critical for gaining a sense of self-worth, family comes first
  120. 120. Formal childcare is not considered to be an appropriate option by many of the women
  121. 121. The private sector was believed to be the most difficult area to gain a good work-life balance</li></ul>Gender 2 of 9<br />
  122. 122. Page 33<br /><ul><li>BARRIERS TO FEMALE PROGRESSION
  123. 123. Lack of role models
  124. 124. Unwritten rules and beliefs
  125. 125. Choice
  126. 126. Confidence
  127. 127. The glass ceiling</li></ul>Gender 3 of 9<br />
  128. 128. Page 34<br /><ul><li>REDUNDANCIES
  129. 129. Women are susceptible to sex discrimination when made redundant due to many employers’ dislike of family-friendly rights
  130. 130. Non-discriminatory selection criteria for redundancies can help employers avoid sex discrimination claims
  131. 131. An employer directly discriminates against a female employee if they treat her less favourably than a male counterpart and that the difference is on the grounds of her sex; and if they apply a practice, provision or criterion to all employees, which puts women at a disadvantage in comparison to men</li></ul>Gender 4 of 9<br />
  132. 132. Page 35<br /><ul><li>OVERCOMING BARRIERS
  133. 133. Radically re-communicate what is required for top jobs
  134. 134. Talk honestly to groups of employees who may see themselves reaching leadership positions
  135. 135. Don’t lower standards, hire on merit alone
  136. 136. Listen without defensiveness to feedback
  137. 137. Give honest feedback to those who were unsuccessful, and those who achieve promotion</li></ul>Gender 5 of 9<br />
  138. 138. Page 36<br /><ul><li>MANAGING MATERNITY
  139. 139. Be aware of physical changes
  140. 140. Consider complications
  141. 141. Carry out a risk assessment
  142. 142. Work together as a team
  143. 143. Know the legal basics
  144. 144. Build for the future</li></ul>Gender 6 of 9<br />
  145. 145. Page 37<br /><ul><li>WOMEN RETURNERS
  146. 146. Too few re-integration programmes
  147. 147. Lack of flexibility in the workplace
  148. 148. Poor budget planning to take account of maternity costs
  149. 149. Low awareness of the real replacement costs of losing senior women on/after maternity leave
  150. 150. Solutions
  151. 151. Flexible working
  152. 152. Sabbaticals
  153. 153. Extended holiday leave</li></ul>Gender 7 of 9<br />
  154. 154. Page 38<br /><ul><li>WOMEN RETURNERS
  155. 155. A flexible and open approach to recruitment will broaden your pool
  156. 156. Too few re-integration programmes
  157. 157. Lack of flexibility in the workplace
  158. 158. Poor budget planning to take account of maternity costs
  159. 159. Low awareness of the real replacement costs of losing senior women on/after maternity leave
  160. 160. Solutions
  161. 161. Flexible working
  162. 162. Sabbaticals
  163. 163. Extended holiday leave</li></ul>Gender 8 of 9<br />
  164. 164. Page 39<br /><ul><li>WOMEN RETURNERS-BEST WAYS TO EASE BACK
  165. 165. Flexible hours
  166. 166. Staggered return
  167. 167. Attending work social events
  168. 168. Regular meetings before returning to work
  169. 169. Access to work emails whilst on maternity leave</li></ul>Gender 9 of 9<br />
  170. 170. Page 40<br />Ageism<br />
  171. 171. Page 41<br /><ul><li>Age discrimination laws protect both the young and the old from discrimination
  172. 172. Discrimination can be justified if it is a proportionate means of achieving a legitimate aim
  173. 173. The test of justification is vague and difficult to predict
  174. 174. Employers should avoid stereotypical assumptions as to the impact of age and experience on ability
  175. 175. Employers may be driven to labourious assessment procedures to avoid the risk of being found to have acted on unjustified assumptions</li></ul>Ageism 1 of 5<br />
  176. 176. Page 42<br /><ul><li>PERCEIVED IMPACT OF BARRIERS
  177. 177. Cost
  178. 178. Attitude of board/CEO
  179. 179. Attitudes of management
  180. 180. Attitudes of workforce
  181. 181. Customer profile
  182. 182. Attitudes of employee representatives
  183. 183. Trade unions</li></ul>Ageism 2 of 5<br />
  184. 184. Page 43<br /><ul><li>RECRUITMENT
  185. 185. Consider whether the date of birth and other indicators of age are necessary on the application form
  186. 186. Remove the dates from CVs before passing them onto the people doing the assessment
  187. 187. Ask for particular types of experience rather than length of experience in the person specification
  188. 188. Discuss the demands of the age legislation with recruitment agencies and recruitment advertising agencies, and update contracts with these providers if necessary
  189. 189. Put in place systems by which the performance of agencies on attracting age-diverse applicants can be monitored and ensure that they understand that the success of their contract will be partly measured upon this</li></ul>Ageism 3 of 5<br />
  190. 190. Page 44<br /><ul><li>MONITORING AND MEASUREMENT
  191. 191. Add an equal opportunities form that includes age to your application pack or online recruitment system
  192. 192. Record the age of applicants at each stage of the application process
  193. 193. Consider setting up a working group or similar to examine this data in a systematic fashion
  194. 194. Use the data to identify any areas of potential discrimination so that these can be addressed
  195. 195. Don’t just measure-take appropriate action
  196. 196. Maintain confidentiality
  197. 197. Review your monitoring system to ensure it remains fit for purpose</li></ul>Ageism 4 of 5<br />
  198. 198. Page 45<br /><ul><li>COMMUNICATION
  199. 199. Make sure that all managers and employees who are involved with recruitment are aware of the impact of legislation
  200. 200. Produce a list of dos and don’ts for recruiters
  201. 201. Use as many channels of communication as possible-email, the intranet, staff briefings, newsletters and so on
  202. 202. Provide diversity training that includes age
  203. 203. Reinforce messages with clear actions if policies are breached
  204. 204. Sustain communication</li></ul>Ageism 5 of 5<br />
  205. 205. Page 46<br />Religion<br />
  206. 206. Page 47<br /><ul><li>Where a provision disadvantages a religious group as a whole or an individual in particular, accommodation should be considered unless the provision can be justified
  207. 207. Where a religion or belief leads the holder to participate in discriminatory behaviour, it is unlikely that they will be able to invoke the protection of the Employment Equality (Religion or Belief) Regulations 2003</li></ul>Religion 1 of 2<br />
  208. 208. Page 48<br /><ul><li>No individual has the right to exercise their religious beliefs in a way that breaches other aspects of the law and should not impose their view on others, particularly where this may cause offence
  209. 209. Disciplinary action in respect of a personal stance that is inconsistent with an employer’s commitment to non-discriminatory objectives is likely to be justifiable whatever the source of that stance</li></ul>Religion 2 of 2<br />
  210. 210. Page 49<br />Exercise<br />
  211. 211. Page 50<br />Exercise<br />
  212. 212. Page 51<br />Case studies<br />
  213. 213. Page 52<br />Case studies <br />
  214. 214. Page 53<br />Conclusion & Questions<br />
  215. 215. Page 54<br />Conclusion<br />Summary<br />Questions<br />