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

1. Preventing discrimination by Fluid March 2010

2. Page 2 Contents 3-4 Introduction to Fluid 5-6 Sifting CVs 7-9 Equality monitoring 11-15 Diversity checklist 16-17 Carers 18-19 Dyslexia 20-21 Expats 22-29 Equal pay 30-39 Gender 34-35 Sexual orientation 36-37 Smoking 40-45 Ageism 46-48 Religion 49-50Exercise 51-52Case studies 53-54 Conclusion and questions

3. Page 3 Introduction

5. Selection- Attraction - Remuneration & Reward - Outplacement - Training & HR consultancy

6. Page 5 Sifting CVs

8. Produce clear sifting guidelines

9. Identify appropriate qualifications

10. Ensure accuracy and consistency

11. Tell candidates what information you need

12. Request reasons for leaving previous jobs

13. Quality-assure your processes

14. Track decisions for speculative CVs

17. Define equality

18. Build a consensus on equality

19. Measure progress towards equality

20. Transparency about progress

21. Targeted action on persistent inequalities

22. A simpler legal framework

23. More accountability for delivering equality

24. Using procurement and commissioning positively

25. Enabling and supporting organisations in all sectors

27. New recruits

28. Applicant numbers

29. People shortlisted

30. Grades/salary levels

31. Disciplinaries

32. Grievances

33. Resignations

34. Dismissals

35. Succession training

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. Make sure diversity and equality is relevant to all employees

40. Ensure your vision encompasses both employees and customers/service usersDiversity checklist 1 of 5

42. Adopt a strategic, systemic and planned approach to diversity and equality

43. Link diversity and equality into the organisation’s business objectives and strategy

44. Ensure that your strategy touches every aspect of organisational lifeDiversity checklist 2 of 5

46. Build support/accountability for diversity and equality across the business

47. Integrate diversity and equality into the business so it becomes a mainstream issue owned by all

48. Senior-level leadership, involvement and support are essential

49. Encourage people across the business and at senior levels to champion diversity and equality issuesDiversity checklist 3 of 5

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. 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. Ensure your leadership development strategies develop authentic, congruent, humble and courageous leaders-your whole business is likely to gain as a resultDiversity checklist 4 of 5

55. Set objectives upfront when implementing diversity and equality strategies

56. Monitor progress against these objectives on an agreed periodic basis

57. Tie diversity and equality objectives into the performance management system so that individuals are assessed against this in their appraisals

58. Build up a picture of what success around diversity and equality will look like in the futureDiversity checklist 5 of 5

59. Page 16 Carers

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. It is not seeking a standalone right to flexible working, or any other ‘reasonable adjustment’ for carers

63. The Advocate General’s opinion, if followed, will protect carers of disabled people from direct discrimination and harassment

64. The same principles will have to apply to age discrimination, e.g. carers of elderly relativesCarers

65. Page 18 Dyslexia

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. High-pressure assessments are normal day-to-day activities, as are other activities relevant to a person’s participation in professional lifeDyslexia

69. Page 20 Expats

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. 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 Expats

73. Page 5 Equal pay

75. REASONS FOR THE GAP

76. Discrimination

77. Years of full-time employment experience

78. Interruptions to the labour market due to family care

79. Years of part-time employment experience

80. EducationEqual pay 1 of 7

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. 2. If the answer is yes, the tribunal should go on to consider whether:

84. An employer’s knowledge of pay inequality is only relevant to the second question

85. A discriminatory effect is measured objectively-knowledge, intention and motive are factors to be considered as part of justificationEqual pay 2 of 7

87. To identify areas of inequality within the organisation

88. In response to a decision made by the HR department

89. To be seen as a ‘good practice’ employer

90. To ensure transparency and openness

91. To avoid employment tribunal cases

92. To fulfill an agreement with trade unions

93. In response to a request from employeesEqual pay 3 of 7

95. Step 1-decide the scope of the review and identify the data required

96. Step 2-identify where women and men are doing equal work

97. Step 3-collect and compare pay data to identify any significant equal pay gaps

98. Step 4-establish the causes of any significant equal pay gaps and assess the justifications for these

100. Impose narrow pay bands wherever possible, and clearly define progression between the bands

101. Be clear about what employees actually do, rather than what their job descriptions say they do. Keep job descriptions up to dateEqual pay 5 of 7

104. Are your pay packages, including access to bonuses, the same for men and women?

105. Is your pay reviewed centrally or bargained individually?

106. Are women clustered in lower paid jobs or grades?

107. Is there informal job segregation between men and women in different sectors?

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. Are part timers paid pro rota to full timers?

110. And most importantly, what effect does this have on business performance?Equal pay 7 of 7

111. Page 30 Gender

113. There are five female Chief Executives of FTSE100 companies, and three of them are American

114. One in four FTSE100 companies have exclusively male boards

115. Women hold 12% of FTSE100 directorships

116. Women hold 15% of non-executive directorships

117. Over the past ten years the number of women on boards has risen by 5%Gender 1 of 9

119. Despite a recognition that education and work are critical for gaining a sense of self-worth, family comes first

120. Formal childcare is not considered to be an appropriate option by many of the women

121. The private sector was believed to be the most difficult area to gain a good work-life balanceGender 2 of 9

123. Lack of role models

124. Unwritten rules and beliefs

125. Choice

126. Confidence

127. The glass ceilingGender 3 of 9

129. Women are susceptible to sex discrimination when made redundant due to many employers’ dislike of family-friendly rights

130. Non-discriminatory selection criteria for redundancies can help employers avoid sex discrimination claims

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 menGender 4 of 9

133. Radically re-communicate what is required for top jobs

134. Talk honestly to groups of employees who may see themselves reaching leadership positions

135. Don’t lower standards, hire on merit alone

136. Listen without defensiveness to feedback

137. Give honest feedback to those who were unsuccessful, and those who achieve promotionGender 5 of 9

139. Be aware of physical changes

140. Consider complications

141. Carry out a risk assessment

142. Work together as a team

143. Know the legal basics

144. Build for the futureGender 6 of 9

146. Too few re-integration programmes

147. Lack of flexibility in the workplace

148. Poor budget planning to take account of maternity costs

149. Low awareness of the real replacement costs of losing senior women on/after maternity leave

150. Solutions

151. Flexible working

152. Sabbaticals

153. Extended holiday leaveGender 7 of 9

155. A flexible and open approach to recruitment will broaden your pool

156. Too few re-integration programmes

157. Lack of flexibility in the workplace

158. Poor budget planning to take account of maternity costs

159. Low awareness of the real replacement costs of losing senior women on/after maternity leave

160. Solutions

161. Flexible working

162. Sabbaticals

163. Extended holiday leaveGender 8 of 9

165. Flexible hours

166. Staggered return

167. Attending work social events

168. Regular meetings before returning to work

169. Access to work emails whilst on maternity leaveGender 9 of 9

170. Page 40 Ageism

172. Discrimination can be justified if it is a proportionate means of achieving a legitimate aim

173. The test of justification is vague and difficult to predict

174. Employers should avoid stereotypical assumptions as to the impact of age and experience on ability

175. Employers may be driven to labourious assessment procedures to avoid the risk of being found to have acted on unjustified assumptionsAgeism 1 of 5

177. Cost

178. Attitude of board/CEO

179. Attitudes of management

180. Attitudes of workforce

181. Customer profile

182. Attitudes of employee representatives

183. Trade unionsAgeism 2 of 5

185. Consider whether the date of birth and other indicators of age are necessary on the application form

186. Remove the dates from CVs before passing them onto the people doing the assessment

187. Ask for particular types of experience rather than length of experience in the person specification

188. Discuss the demands of the age legislation with recruitment agencies and recruitment advertising agencies, and update contracts with these providers if necessary

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 thisAgeism 3 of 5

191. Add an equal opportunities form that includes age to your application pack or online recruitment system

192. Record the age of applicants at each stage of the application process

193. Consider setting up a working group or similar to examine this data in a systematic fashion

194. Use the data to identify any areas of potential discrimination so that these can be addressed

195. Don’t just measure-take appropriate action

196. Maintain confidentiality

197. Review your monitoring system to ensure it remains fit for purposeAgeism 4 of 5

199. Make sure that all managers and employees who are involved with recruitment are aware of the impact of legislation

200. Produce a list of dos and don’ts for recruiters

201. Use as many channels of communication as possible-email, the intranet, staff briefings, newsletters and so on

202. Provide diversity training that includes age

203. Reinforce messages with clear actions if policies are breached

204. Sustain communicationAgeism 5 of 5

205. Page 46 Religion

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 2003Religion 1 of 2

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 stanceReligion 2 of 2

210. Page 49 Exercise

211. Page 50 Exercise

212. Page 51 Case studies

213. Page 52 Case studies

214. Page 53 Conclusion & Questions

215. Page 54 Conclusion Summary Questions