Acas Delivering Equality and Diversity (Nov 11) - Accessible-Version-Apr-2012

Download as pdf or txt
Download as pdf or txt
You are on page 1of 40

Delivering equality and diversity

booklet

Acas can help with your

employment relations needs


Every year Acas helps employers and employees from thousands of
workplaces. That means we keep right up to date with todays
employment relations issues such as discipline and grievance handling,
preventing discrimination and communicating effectively in workplaces.
Make the most of our practical experience for your organisation find out
what we can do for you.

We inform
We answer your questions, give you the facts you need and talk through
your options. You can then make informed decisions. Contact us to keep
on top of what employment rights legislation means in practice before it
gets on top of you. Call our helpline 08457 47 47 47 or visit our website
www.acas.org.uk.

We advise and guide


We give you practical know-how on setting up and keeping good
relations in your organisation. Look at our publications on the website
or ask our helpline to put you in touch with your local Acas adviser.
Our Equality Direct helpline 08456 00 34 44 advises on equality issues,
such as discrimination.

We train
From a two-hour session on key points of new legislation or employing
people to courses specially designed for people in your organisation,
we offer training to suit you. Look on the website for what is coming up in
your area and to book a place or talk to your local Acas office about our
tailored services.

We work with you


We offer hands-on practical help and support to tackle issues in your
business with you. This might be through one of our well-known
problem-solving services. Or a programme we have worked out together
to put your business firmly on track for effective employment relations.
You will meet your Acas adviser and discuss exactly what is needed
before giving any go-ahead.

Acas Delivering Equality & Diversity Text

14/3/11

12:37

Page 1

Contents
1

About this guide

Review your equality policy and action plan


What should my equality policy look like?
Equality training
Key equality issues:
Recruitment and selection
Training and development
Promotion
Discipline and grievances
Equal pay
Bullying and harassment
Adapting working practices
Flexible working

5
5
7
7
8
9
9
9
9
9
10
10

Monitor how the policy is working in practice


What is monitoring and why should I do it?
What information should I collect?
How do I involve employees?
What questions should I ask?
How do I ask these questions?
Understanding the data what does monitoring tell me?
Equality impact assessments

11
11
11
13
14
14
15
16

Take action
What action should I take?
Positive action

17
17
18

Appendix 1
Some frequently asked questions about monitoring

20
20

Appendix 2
Sample equality policy

21
21

Appendix 3
Sample monitoring form

23
23

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 2

Appendix 4
Equality impact assessing

29

29

Appendix 5
Glossary of terms

31

31

Appendix 6
Useful contacts and websites

34

34

10

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 3

About this guide

The majority of workplaces have some kind of policy on equal opportunities


or managing diversity. Many of these policies are aimed at:

protecting employees from discrimination because of age, disability,


gender reassignment, marriage and civil partnership, pregnancy and
maternity, race, religion or belief, sex and sexual orientation

promoting the diversity of the workforce


responding to changing demographics and working patterns for

example, many employers use flexible working to meet customer demands


and retain valuable employees with caring responsibilities.

Your equality policy reflects your commitment to equal opportunities. It is


your promise to treat all employees, and potential employees, fairly and
considerately. To make sure that your promise becomes a reality we
recommend that you:
1.

Review your existing equality policy and action plan or write a


new policy if you dont have one.

2.

Monitor how the policy is working in practice this is the critical


stage in delivering equality in the workplace.

3.

Take action, where it is needed, to address inequality or promote


diversity.

This guide takes you though each of these stages. It also has a useful
question and answer section, along with a sample equality policy and
monitoring form.

ABOUT THIS GUIDE

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 4

Monitoring is the key to delivering diversity


The Equality Policy sets out your commitment to promote equality and
diversity in areas such as recruitment, training and pay to tackle
discrimination. It is backed up by an action plan.

Monitor your policy and action plan. Are they working in practice?

YES

NO

Keep reviewing your policies


and monitoring for any
changes in the future.

Why is this so?


An equality impact assessment
may help you to find the answer.

Take action:
Encourage more people to
apply for posts by considering
part-time working or
job-sharing
Advertise widely to attract a
diverse workforce
Work with the community and
offer opportunities to students
Review the targets in your
action plan.

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 5

Review your equality policy

and action plan


The starting point for any programme
to address fairness at work is an
equality policy with an action plan to
back it up. If you do not have an
equality policy there is a sample
policy at Appendix 1 to help get you
started. Your action plan should
always include a stage to review your
policy and check the action points
are working effectively see the
section on Monitoring p11.

What should my equality


policy look like?
The opening section of your policy
should contain:

a statement of your aim to

encourage, value and manage


diversity

your commitment to providing


equality for all

your wish to attain a workforce

that is representative of the


communities from which it is
drawn to secure the widest pool of
talent possible.

Your equality policy should:


 have the support of
everyone in the organisation
 be part of the business strategy
 be developed in consultation
with employees and their
representatives
 have commitment from the
very top of the organisation
 be promoted widely and
circulated to all employees
and job applicants

You should then identify the areas of


discrimination that you will counter,
usually:

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race (including ethnic origin, colour,
nationality and national origin)

religion or belief (including


philosophical belief)

sex
sexual orientation.
REVIEW YOUR EQUALITY POLICY AND ACTION PLAN

Acas Delivering Equality & Diversity Text

All of these are covered by law.


There may be other categories that
are relevant to your organisation or
local circumstances.
State that you will aim to create a
working environment in which:

all people are able to give of their


best

there is no harassment and


bullying

all decisions are based on merit.


Many companies choose to have a
separate policy concerning
harassment and bullying. There is a
sample equality policy at Appendix 2,
p21.
What about the action plan?
Your action should go into detail
about what will be done, by when
and by whom. You should:

set dates on when you will do the

things such as monitoring,


reviewing procedures, and training

expand on how these will be done


and by whom

say how you will tackle

harassment and bullying

DELIVERING EQUALITY AND DIVERSITY

9/3/11

10:27

Page 6

consider targets for action points

that result from what you find from


monitoring, such as:
increasing the number of
management jobs open to job
sharing to allow more women
to do them
interviewing more disabled

people

changing the way you

advertise to attract more

people from minority ethnic

groups

consider whether positive action is


appropriate

set your measures of success

how you will evaluate them and


how and when will you review the
overall working of your policy?

Acas Delivering Equality & Diversity Text

14/3/11

12:38

Page 7

Equality training

Key equality issues

Equality should be an integral part of


all the training you do whether its
training for recruitment, appraisal,
selection for promotion, supervision,
or resource allocation.

Fairness at work should apply to an


employee throughout their working
life: from recruitment and selection
right through to retirement. The table
on the next page provides good
practice advice for some key equality
issues.

There may also be a need for


specific equality training. You will
want to make all your staff aware of
your equality policy and what it
means for them as employees.
Your equality training programme
should provide:

When you come to monitor how well


your equality policy is working in
practice (see p11) you will need to
ask questions about these issues.
For example, who:

an explanation of your approach


to equality and why it is important

have you recruited?

the business case for equality

have you trained?

the law and what this means in


practice

have you promoted?

the roles and responsibilities of


staff in making the policy work

is making grievances?

your policy for dealing with

bullying and harassment

is leaving?

written materials to reinforce the


training

is absent?

specialist guidance for staff who


recruit, select, appraise etc
the chance for staff to raise

their concerns.

For the training to be fully effective it


should be conducted by either an
HR professional, if you have one
within your business, or a senior
member of management who is
familiar with equality matters or has
been trained in them. Alternatively
you may seek assistance from
external trainers.

In the public sector it is a


requirement to monitor age,
disability, gender reassignment,
marriage and civil partnership,
pregnancy and maternity, race,
religion or belief, sex, and sexual
orientation.

REVIEW YOUR EQUALITY POLICY AND ACTION PLAN

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 8

Key equality issues


Issue:

Good practice advice:

Recruitment
and induction

A good job description should be concise and

see the
Acas guide
Recruitment
and induction

straightforward and include: the title of the job, the aim


of the job, the main tasks and who the employee will
work with
A person specification should link to the job description
and give the skills, experience and knowledge a
person needs
Be explicit with your use of language: needs to reach
and bend to pick items from shelves is better than
needs to be physically fit, and needs to give clear
information to clients by phone is better than needs a
good command of spoken English
Job adverts should state that you welcome applications
from all sections of the community
Remember that terms like mature person or young
graduate in your job adverts may be discriminatory
It is unlawful to ask health related questions before
making a job offer (whether condition or unconditional),
except in order to:
determine if a candidate can carry out a function
which is essential to the job
ask whether candidates need special arrangements
for any part of the application process
anonymously monitor whether candidates are disabled
take positive action to assist disabled people
check that a candidate has a disability where this is a
genuine requirement of the job.
To avoid prejudice or bias more than one person should
carry out the sift. Review the process at the end of the sift
to check points have been awarded on the evidence alone
At interview do not ask questions of a personal nature
eg about marital status, sexual orientation or gender identity
Before appointing a person to the job, you will need to
check their eligibility to work in this country under the
Asylum and Immigration Act (1996).

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 9

Key equality issues


Issue:

Good practice advice:

Training and
development

All staff should have the same access to training

Promotion

Promotion opportunities should be advertised to all staff


Ask the same questions to internal and external

regardless of whether they are part-time or full-time


Be flexible about your training residential training may
not suit those with caring responsibilities or those who
work from home.

candidates it may be discriminatory not to.

Discipline and
grievances

Your equality policy should state that any breaches of

Equal pay

An equal pay audit may help to make sure men and

see the Acas


guide Pay
systems

Bullying and
harassment

the policy will be dealt with through your disciplinary


procedure.

women are getting equal pay


Your employees are entitled to know how their pay is
made up for example, how are bonuses earned?
The Equality Act 2010 covers the right of women to
equal pay with men for equal work, both for full-time
and part-time employees.

Your organisation should have a clear management

commitment to prevent unacceptable behaviour at work


Your policy should explain that
See the Acas
harassment occurs when someone engages in
guide
unwanted conduct related to a protected
Bullying and
characteristic (e.g. disability, race), which has the
harassment
purpose or effect of violating someone elses dignity
a guide for
or creating an intimidating, hostile, degrading,
managers and
humiliating or offensive environment
employers
harassment may include offensive jokes, personal
insults, persistent criticism, unwanted physical contact
or freezing someone out

REVIEW YOUR EQUALITY POLICY AND ACTION PLAN

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 10

Key equality issues


Issue:

Good practice advice:


harassment and bullying at work can cause fear,
stress, anxiety and physical sickness amongst
employees. It may also put a heavy strain on personal
and family life. It can lead to increased absenteeism,
an apparent lack of commitment, poor performance
and even resignation
it is not the intention of the perpetrator which defines
a particular type of harassment but the effect it has on
the recipient.

Adapting
working
practices

The Equality Act 2010 requires you to make reasonable

Flexible
working

Consider different forms of flexible working such as

See the Acas


guide Flexible
working and
work-life
balance

10

adjustments to the working environment to give


employees or potential employees with disabilities equal
opportunities. If you have employees with disabilities
ask them about changes that might help them. This
might mean:
providing an adequate, ergonomic chair
providing a power-assisted piece of equipment, or
changing hours to ease travel to and from work.
Reasonable adjustments also include re-deploying an
employee to a different type of work if necessary.
Many employers respond sensitively to the religion or
beliefs of their employees and provide prayer rooms,
time off to observe religious festivals, flexible dress
policies etc.

job sharing, part-time working, flexible hours,


homeworking and annualised hours. Can they help you
to maximise available labour and improve customer
service?
A trial period might be a good way of testing if a form of
flexible working is right for you and your employees.
Where parents of children and carers of adults are entitled
to apply for flexible working, you are obliged to give
serious consideration to these requests.

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 11

Monitoring
What is monitoring and why
should I do it?
The purpose of monitoring is to
enable you to examine how your
policy and action plan are working. If
they are not working well you need
to ask yourself why? and do
something to put it right.
Monitoring involves:
1. Gathering individual personal
information on the diversity of
your potential recruits or
existing employees
2. Comparing and analysing this
against:

Answering this question is at the


heart of monitoring equality.

What information should I


collect?

age
disability
gender reassignment

jobseekers in your local

marriage and civil partnership

community

the broader national labour


market.

It is unlikely that you will find exactly


the same proportions of men and
women or other groups. Monitoring
is about looking for significant
differences between groups or
identifying trends over periods of
time then asking yourself the
question, why is this so?

Only collect information you are going


to use. Collecting information for its
own sake is pointless and will not help
your planning or decision-making.
Most organisations will try to collect
information based around the current
UK equality legislation. This protects
people from discrimination because of:

other groups of employees


in your company

pregnancy and maternity


race
religion or belief
sex
sexual orientation
The table on pages 12 and 13 sets
out the legal position regarding
monitoring and gives you some
useful good practice pointers.
MONITORING

11

Acas Delivering Equality & Diversity Text:Equality & Diversity Text

12

17/11/11

Legal position

Good practice pointers

Race and
ethnicity

Covered by the public


equality duty.
Use the ethnic groupings
set out in the 2001 Census
standards as a minimum
(see Appendix 2).

Do your employees know why

Gender

Covered by the public


equality duty.

Are there more of one sex in

Gender
reassignment

Covered by the public


equality duty. However
any monitoring will
require careful
consideration.

If monitoring is carried out,

Disability

Covered by the public


equality duty.
You are required to
make reasonable
adjustments to help a
disabled person give
their best.

Dont make assumptions about

DELIVERING EQUALITY AND DIVERSITY

you are asking them about


ethnicity?
Have you explained what you
mean by ethnicity?

certain jobs?
Flexible working can help to
promote gender equality.

confidentiality should be
guaranteed.

a persons capabilities talk to


them.
Maintain confidentiality many
disabled people do not want to
disclose their disability.
In some cases you can
discriminate in favour of a
disabled person when recruiting
(see EHRC guidance).

09:57

Page 12

Acas Delivering Equality & Diversity Text:Equality & Diversity Text

Legal position

21/11/11

Are there any unvoiced barriers

Religion
and belief

Covered by the public


equality duty.
Acas research shows
discrimination on
religious grounds does
occur (see our website).

Consider some awareness

Age

Covered by the public


equality duty.

Monitor agreed age bands and

Involve your trade union equality reps


or staff council in persuading
employees of the benefits of
monitoring. They are valuable
partners. If you do not have a
representative group in your
organisation, then consider setting
up a working group that can take on
board the views of employees.

Page 13

Good practice pointers

Sexual
Covered by the public
orientation equality duty.
Acas research shows
discrimination on the
grounds of sexual
orientation does ocurr
(see our website).

How do I involve my
employees?

13:51

that prevent gay and lesbian


colleagues giving their best or
accessing opportunities?
Make sure you dont
inadvertently identify gay or
lesbian people.
Make sure your workplace
environment is inclusive of
gay/lesbian people.

training in faiths and beliefs.


Review your dress policy
some employees may wish to
manifest their faith or beliefs in
the way they appear.

not individual ages.


Focus on training and
development opportunities.

Some employees may feel


uncomfortable about filling in
monitoring forms. You can allay their
fears by explaining that the
monitoring process is solely
designed to make your equality
policy a reality (see FAQ on p20).
Encouragement of staff who refuse
to complete the form or those who
select the prefer not to say box is
always good practice but there is little
to be gained through compulsion.

MONITORING

13

Acas Delivering Equality & Diversity Text

What questions should I ask?


You need to monitor your employees
at every stage of their employment
life: from recruitment right through to
retirement. This means asking who:

applies to work for you?


you interview and who you finally
recruit?

you promote?
you train and in what work areas?
takes out grievances at work?
you discipline and what for?
is absent or sick and for what
reasons?

9/3/11

10:27

Page 14

Preparation is the key to effective


monitoring. You need to:
Explain to staff why you are
monitoring
Decide on the best way to
communicate your message
eg magazine articles,
intranet site
Provide a point of contact if
employees have concerns
Select a senior manager or
member of staff to champion
the monitoring process
Encourage external recruits
to complete the monitoring
form
Reassure staff that all
information collected will
remain strictly confidential.

you dismiss?
leaves the organisation?

14

How do I ask these


questions?

will only be used for equality


monitoring and not for short-listing.

Ask applicants for monitoring data


on a sheet that can be detached
from the application form. That way
the information can be kept separate
from the selection process. It should
be made clear that the information

All applicants must be treated fairly


at the point of selection and
choosing someone because they are
from a particular group or a particular
sex is unlawful discrimination.

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

To get an accurate picture of your


organisation and to identify any
inequalities you will also need to
monitor the existing workforce.
Once again, explain your reasons for
monitoring. Make it clear that:

you are trying to ensure that every

employee has the same access to


training, promotion and other
opportunities

9/3/11

10:27

Page 15

all information will be treated as


strictly confidential.

Sometimes it may be more


appropriate to monitor anonymously.
For example, a small company may
find it difficult to ensure confidentiality
or an issue may be too sensitive. You
can use a staff attitude or customer
satisfaction survey for this purpose.

Understanding the data


what does monitoring tell me?
Monitoring is about making
comparisons between groups of
employees or recruits and, if there is
a real difference, asking the question
why is this so?.

It is important to bear in mind that


any difference in itself is not bad,
indeed it would be more surprising if
all the figures were the same!

Scenario 1
Williams and Co, a call centre operation, recruited for 30 new posts and
interviewed 200 people who were equally split between men and women.
20 men and 10 women were offered appointments.

Male success rate 20/100 (as a percentage) = 20%


Female success rate 10/100 (as a percentage) = 10%
4/5ths of highest success rate = 16%
In the example, there is significant disparity because the female success
rate (10%) is less than four-fifths the male success rate (16%). Further
investigation is needed to understand this difference. But remember, there
may be entirely reasonable and non-discriminatory reasons for this
difference. Do not jump to conclusions!

MONITORING

15

Acas Delivering Equality & Diversity Text

A widely used rule of thumb to


assess difference is known as the
four-fifths rule. The four-fifths rule
suggests that if any group is less
than four-fifths of the rate of the
group with the highest success rate,
it may be indicate bias.
The four-fifths rule can be used at
each stage of a selection process to
identify any particular difference. It is
not intended to be an absolute
measure, but is a simple and easy
way to measure whether the
differences in rates are worth
investigating further. Some small
firms may find it more practical to
use their judgement rather than
relying on this calculation.

14/3/11

12:39

Page 16

that you have recruited more men


than women, EIAs can tell you why
this is happening.
Assessing impact is a legal
requirement for public bodies across
all protected characteristics and an
EIA is a useful framework for doing
this. Use them to montior:

your polices in other words, how


you do things

your services and products.


Remember to focus on the
experiences of your employees and
customers.
Appendix 4 tells you how to carry
out an equality impact assessment.

Equality impact assessments


Equality impact assessments (EIAs)
are a way of getting to the root
causes of any inequalities. They can
be used proactively at any stage to
alert you to the kind of differences
found at Williams and Co (scenario
1, p15). Rather than just telling you

16

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

14/3/11

12:39

Page 17

Take action
What action should I take?
If you find that your organisation is
not representative or it appears that
sections of your workforce are not
progressing within the company, do
not impose rapid, false solutions.
Keep in mind that equality is always
about finding the most suitable
person for the job.
Look at your recruitment and
selection procedures. Is one group
benefiting at the expense of another?
Does any particular group appear to
be disadvantaged?
If monitoring shows that people from
some groups do not appear to
succeed as well as others within
your business:

review your procedures and


practices

Take action:
 Encourage more people to
apply for posts by considering
job-sharing and part-time
working

 Advertise widely to attract a


diverse workforce

 Publish recruitment results


internally where appropriate
it will help promote
transparency
 Maintain confidentiality
individuals should not be
identified
 Offer work experience
opportunities or mentoring
for students
 Work with community
groups and arrange local
sponsorships
 Consider Positive Action
see overleaf.

consider taking legal Positive


Action (see overleaf).

TAKE ACTION

17

Acas Delivering Equality & Diversity Text

Positive action
As with previous equality legislation,
the Equality Act allows you to take
positive action if you think that
employees or job applicants who
share a particular protected
characteristic suffer a disadvantage
connected to that characteristic, or if
their participation in an activity is
disproportionately low.
The Equality Act 2010 from April
2011 allows you, if you want to, to
take a protected characteristic into
consideration when deciding who to
recruit or promote. However, you can
only do this when you have
candidates who are as qualified as
each other for a particular vacancy.
This does not mean they have to
have exactly the same qualifications
as each other, it means that your
selection assessment on a range of
criteria rates them as equally capable
of doing the job.

9/3/11

10:27

Page 18

You would also need some evidence


to show that people with that
characteristic face particular
difficulties in the workplace or are
disproportionately under-represented
in your workforce or in the particular
job for which there is a vacancy. In
these circumstances, you can
choose to use the fact that a
candidate has a protected
characteristic as a tie-breaker when
determining which one to appoint.
You must not have a policy of
automatically treating job applicants
who share a protected characteristic
more favourably in recruitment and
promotion. This means you must
always consider the abilities, merits,
and qualifications of all of the
candidates in each recruitment or
promotion exercise. Otherwise, your
actions would be unlawful and
discriminatory an example is given
in Annex 2.

Scenario 2
Marina and Co are manufacturers of bathroom taps and showers. They
notice that they have no female sales representatives compared to men
and find out that female employees are put off because of the apparent
all male environment in the sales team, many of whom are former
plumbers. Marina reckons from its market research that the sales team will
be more profitable with female representatives because the purchasers of
taps and showers are often women who would appreciate a more
representative sales team. The company sets up a programme of training
and development for female employees where they can develop their skills
and knowledge to become proficient in this area. At the subsequent
recruitment of sales representatives, nearly half of new recruits were
female and early sales returns for the last quarter are up.

18

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 19

Scenario 3
Loughton on Sea, a London commuter town and seaside resort has a
population of some 75,000 of which around 15% at the last Census were
from minority ethnic groups. The local High School has 1500 pupils that
reflect the Census demographics and 80 teachers. The school has clear
equality policies in place and has trained staff in these issues including the
Equality Act 2010. Furthermore it has robust anti bullying policies for all
staff to identify and tackle inappropriate harassing behaviour.
The school is recruiting for a new Head of Department. None of the
existing 10 departmental heads are from minority communities. The
school runs an interview selection process where all candidates are
scored against a range of job based questions. The selection panel also
objectively assess the experience and qualifications of each candidate. At
the end of the selection process, two candidates have equal scores. Both
are women. One of the women is black. The head thinks it important that
the Schools senior leadership reflects the population of Loughton and the
school, and so decides to use this provision in the Equality Act to appoint
the black candidate. The Head gives feedback to the unsuccessful
candidate and explains the position the School has taken and why.

TAKE ACTION

19

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 20

Some frequently asked


questions about monitoring

Appendix 1:
Q
A

Why should I monitor?


A successful workplace utilises the full abilities and attributes of all
employees based on their competence, not who they are. To ignore this
is to put you at a potential commercial disadvantage. Discrimination is
totally unacceptable and must be eliminated.
Suspicions, perceptions and rumour are not enough to persuade any
organisation to change the way it works. There is a famous phrase,
what gets measured gets done! Only real evidence is a driver for
change and this is why you should monitor your workforce.

Q
A

Is monitoring an invasion of my privacy?


It may be perceived in this way, but monitoring is always confidential and
your details will not be made available to unauthorised people. Such data
will only be used to ensure your organisation lives up to its equality policy.

Q
A

Why bother, nothing changes anyway?


We need to make ensure equality is a reality in workplaces and any
failings in the past must not prevent us from striving to get it right.
Effective monitoring helps you make sure that as many employees as
possible benefit from your equality policy.

What difference does it make? If you practise equality, it shouldnt


matter what I am?
It shouldnt and that is what we are working to overcome. We all have a
heritage and different personal circumstances that affect how we
perceive the world around us and how it perceives us. These
perceptions, real or otherwise can become barriers to us. Monitoring is
the best way of removing these barriers.

Q
A

20

Will monitoring mean that employers will positively discriminate in


favour of under-represented groups to meet their own equality targets?
No, this will not happen. Positive discrimination is illegal. Where
employers identify under-represented groups they should ask why is
this so?. There may well be very good reasons for it that are not to do
with discrimination or access issues.

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 21

Appendix 2:

Sample equality policy


(Company name) is committed to eliminating discrimination and encouraging
diversity amongst our workforce. Our aim is that our workforce will be truly
representative of all sections of society and each employee feels respected
and able to give of their best.
To that end the purpose of this policy is to provide equality and fairness for all
in our employment and not to discriminate because of age, disability, gender
reassignment, marriage and civil partnership, pregnancy and maternity, race,
ethnic origin, colour, nationality, national origin, religion or belief, sex and sexual
orientation. We oppose all forms of unlawful and unfair discrimination.

All employees, whether part-time, full-time or temporary, will be treated fairly


and with respect. Selection for employment, promotion, training or any other
benefit will be on the basis of aptitude and ability. All employees will be
helped and encouraged to develop their full potential and the talents and
resources of the workforce will be fully utilised to maximise the efficiency of
the organisation.

Our commitment:

To create an environment in which individual differences and the


contributions of all our staff are recognised and valued.

Every employee is entitled to a working environment that promotes dignity


and respect to all. No form of intimidation, bullying or harassment will be
tolerated.

Training, development and progression opportunities are available to all


staff.

Equality in the workplace is good management practice and makes sound


business sense.

We will review all our employment practices and procedures to ensure


fairness.

APPENDIX 2

21

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 22

Breaches of our equality policy will be regarded as misconduct and could


lead to disciplinary proceedings.

This policy is fully supported by senior management and has been agreed
with trade unions and/or employee representatives. (Insert details if
appropriate).

The policy will be monitored and reviewed annually.


Remember without an action plan with regular reviews to back it up, no
matter how well-written your policy, there is no means of ensuring it has any
impact.

22

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 23

Appendix 3:

Framework monitoring form


How to use this form
Each section of this form contains an explanation of the specific issues that
affect the equality area concerned. These are similar but with key differences.
They help set the scene with staff and applicants and explain why you are
gathering this information. Each section then has a set of recommended
questions.
You can use the whole form or only use particular sections of it to
construct your own monitoring form tailored to your company
requirements.
Monitoring form
Employee Pay Number ----/------ (please enter)

Our guidance throughout recognises that monitoring is strictly confidential


but not anonymous. Pay numbers are a way to identify employees for
monitoring purposes to ensure fairness and access to opportunity.

Monitoring ethnicity
The following sets out categories for monitoring ethnicity. We ask you to
respond to this information request positively as it will help us ensure that our
policies and practices do not inadvertently discriminate against you because
of your ethnicity.
(company name) assures you that any information you provide here will only
be used to monitor the effectiveness of our policies and we will take steps to
ensure this information remains confidential to a limited number of staff in our
HR directorate.

APPENDIX 3

23

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 24

Monitoring questions:
How would you describe yourself?
Choose ONE section from A to E, and then tick the appropriate box
A

Asian or Asian British


Bangladeshi
Indian
Pakistani
Any other Asian background, please write in box

Black or Black British


African
Caribbean
Any other Black background, please write in box

Chinese or other ethnic group


Chinese
Any other, please write in box

Mixed Heritage
White and Asian
White and Black African
White and Black Caribbean
Any other Mixed background, please write in box

White
British
English
Irish
Scottish
Welsh
Any other White background, please write in box

24

Prefer not to say

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 25

Disability monitoring
To make positive changes, (company name) wants to address the different
barriers faced by disabled people. Many people who do not consider
themselves to be disabled may be covered by the Equality Act 2010
because they have a health condition that has an impact on their lives.
What do we mean when we say disability?

Do you have a physical or mental impairment?


Is it long term?
Does this make it difficult for you to do the things that most people do on
a fairly regular and frequent basis?

If so, you may have rights under the Equality Act 2010. This includes people
who are receiving treatment or using equipment (except glasses or contact
lenses) that alleviates the effects of an impairment or a condition, people with
an impairment or condition that is likely to recur, people who have conditions
that will get worse over time and people with severe disfigurements.
Employees with a disability or health condition are entitled in law to
reasonable adjustments to address their needs for support in the
workplace. Therefore we are interested in any disability or health condition
that may require a reasonable adjustment to overcome any such barriers.

Monitoring questions:
Do you consider yourself to have a disability or a long-term health
condition? Yes/No
What is the effect or impact of your disability or health condition?
Prefer not to say
If you would like to discuss your response, or are unsure of the types of
reasonable adjustment that might be possible, please contact your manager
who is trained to help and support you.
(Company name) is committed to creating an environment where barriers are
removed for disabled people and they can give of their best to succeed in
our organisations.

APPENDIX 3

25

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 26

(Company name) gives a commitment that this information will remain


confidential within HR.
Gender monitoring
Concentrations of either men or women into certain jobs, the impact of family
commitments are some reasons why men and women experience the
workplace differently. Gender monitoring is key to ensuring that all employees
have access to the same opportunities and (company name) is committed to
work at achieving this.
Monitoring question:
Would you describe yourself as:
Male?

Female?

Prefer not to say

Sexual orientation
Monitoring sexual orientation in our staff and in our recruits is a significant
step towards acknowledging gay, lesbian and bi sexual staff within (company
name).
(Company name) seeks to become an exemplar employer and make sure
our processes and practices are fair to all staff.
Please help us and do this by completing the following questions around
your sexual orientation.
Monitoring question:
What is your sexual orientation?
Bisexual
Gay man
Gay Woman / Lesbian
Heterosexual / Straight
Other
Prefer not to say

26

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 27

(Company name) will only use this information for ensuring its staff policies
work fairly for all and that your sexual orientation does not count against you.
We will ensure in any analysis that is made public that it will not be possible
to identify you.
Age monitoring
We all have an age. Age discrimination regulations in the workplace are
designed to ensure that you are judged only by your abilities and not your
age. Greater experience does not always associate itself with greater ability
and neither does older age and inability to learn new skills. By monitoring
age we seek to uncover these and other assumptions in the way we work in
(company name).
We intend to set up a database to review and adjust annually for age. To
help us confirm your age please state your date of birth.
Monitoring question:
What is your Date of Birth? _ _ /_ _ /_ _ _ _ (dd/mm/year or age
bands see Acas guidance on Age and the workplace)
7

Religion and belief


Whether or not you have a religion and what you do or dont believe in is
likely to make difference to you and how you perceive the world. These
perceptions are carried across into our workplaces.
It is said by some that what you do or dont believe is a private matter that
should have no effect on your job. It is indeed a private matter but it would
be disingenuous to say that it had no effect on your employment. For
example, (company name) running training events or promotion panels
during periods of religious fasting for some colleagues may well place them
at a disadvantage in these instances.
(Company name) is committed to ensuring fairness and equal access to all
employees whatever their faith or beliefs.

APPENDIX 3

27

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 28

Below is a list of religions that are the most commonly found in Britain. They
are listed in alphabetical order and not intended to signify rank in terms of
importance, furthermore we acknowledge that the list is not exhaustive and if
your religion is not specifically listed then we ask you not to take offence as
none was intended.
Monitoring question:
Please tick the box that best describes you:
Buddhist
Christian
Hindu
Jew
Muslim
Sikh
Other Religion or Belief (please state)____________________________
No Religion
Prefer not to say

28

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 29

Appendix 4:

Equality Impact Assessing


What is it?
Equality impact assessments are a way of examining what effect your
policies (ie, the way you do things) and your services or products may have
on the people who experience them.
Assessments are based on evidence. This can be from monitoring data,
discussion and feedback from colleagues or various groups, staff and
customer feedback and many other sources.
Principles
Equality Impact Assessments are always based on four key questions, these are:
(1) What is the purpose of the policy (or service/product)?
(2) How is it seeking to achieve this?
(3) Who benefits and how?
7

(4) What are any associated aims attached to the policy?


Applying the principles
Being clear regarding the purpose of the policy at question 1 is the most
important part of the assessment. It is the purpose that you will be seeking
to measure (impact assess) so you need to be sure this is the right one!

You are measuring your answer to question 1 by gathering evidence to the


answer to question 2. This is about the way your policy (or service) works in
reality. It will involve you in examining the delivery path of the policy or service.
Question 3 is asking you what evidence you have (or need to gather). It looks
at peoples experience of consuming the policy or service. The word benefit
is meant to mean those who experience the service or policy as intended at
question 1. By looking at who benefits you may find some groups do not
benefit as much as might have been intended.
The final question takes into account that policies rarely operate in isolation
and that you need to take account of the influence one policy may have over
another.
APPENDIX 4

29

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 30

Involvement
Throughout an equality impact assessment you will need to consult and
involve others, both colleagues as employees and customers as service
users.
Involving others in the assessment will help to ensure that there is consensus
regarding the purpose of policies and avoid your own value judgements
influencing your findings.
Decision-making
Your findings at question 3 may point to some groups who have experienced
your policy or service in an unwanted or less beneficial way. Applying the four
fifths rule may give you an indication as to the importance of this difference,
as not all difference is bad.
Where you have identified difference, you have three options:
(a) Stop what you are doing!
(b) Adjust your policy or service/product to remove any identified barrier to
those who do not benefit sufficiently.
(c) Continue with your policy or service and seek to justify the difference and
potential discrimination as a proportionate response to a legitimate aim.
Publishing
Finally it is good practice to be transparent regarding your assessments and
publish them in a format that is easily readable to all interested people. Public
organisations have a legal requirement to publish their assessments
regarding disability, gender and race. An organisations Annual Reports and
Website are effective ways to publish your assessments.

30

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 31

Appendix 5:

Glossary of terms
Disability: A disabled person is described in the Equality Act 2010 as one
who has a physical or mental impairment which has a substantial and
long-term adverse effect on his or her ability to carry out normal day-to-day
activities.
Diversity: Diversity is about recognising, valuing and taking account of
people's different backgrounds, knowledge, skills, and experiences, and
encouraging and using those differences to create a productive and
effective workforce.
Ethnicity: A strict definition of an ethnic group is a group regarded as a
distinct community by virtue of certain essential characteristics a shared
history which distinguishes it from other groups and a cultural tradition of
its own. Sikhs and Gypsies are examples. However, it has come to have a
broader meaning and the expression ethnic monitoring is used in
reference to groups defined by colour, race or national origin as well.
Gender: The word 'gender' is often used in place of the word 'sex' in
equality issues. 'Gender' does not appear in legislation (except for 'gender
re-assignment' see below) but 'sex discrimination' and 'gender
discrimination' are generally interchangeable.

Gender Reassignment: Gender reassignment is a personal, social, and


sometimes medical, process by which a person's gender presentation (the
way they appear to others) is changed.

Not all transsexual people undergo medical supervision to change their


gender. People who decide to live in the gender opposite to that assigned
at birth, but do not undergo any medical procedures, are protected from
discrimination under the Equality Act 2010.

APPENDIX 5

31

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 32

Occupational Requirements: In very limited circumstances, it will be


lawful for employers to specify that job applicants must have, or must not
have, a particular protected characteristic under the Equality Act 2010.
This is known as an occupational requirement. The requirement must be:

crucial to the post, and not just one of several important factors
relating to the nature of job in question, rather than the nature of the
employing organisation

a proportionate means of achieving a legitimate aim.


Harassment: Behaviour which is unwelcome or unacceptable and which
results in the creation of a stressful or intimidating environment for the
victim amounts to harassment. It can consist of verbal abuse, racist jokes,
insensitive comments, leering, physical contact, unwanted sexual
advances, ridicule or isolation.
Liability: Employers have legal liability for any act of discrimination
(including harassment) carried out by their employees unless the employer
can show that they have taken all reasonably practicable steps to
prevent it.
Quotas: It is unlawful to select a person for a job on the basis of their
gender or race in order to achieve a fixed quota of employees of that
gender or race.
Protected characteristics: A protected characteristic is a group which is
protected from discrimination under equality legislation. The Equality Act
2010 covers nine protected characteristics: age; disability; gender
reassignment; marriage and civil partnership; pregnancy and maternity;
race; religion or belief; sex; and sexual orientation.
Sexual orientation: Whether a person is attracted to people of their own
sex, the opposite sex or both sexes. Assumptions and perceptions of a
person's sexual orientation are also covered by law.

32

DELIVERING EQUALITY AND DIVERSITY

Acas Delivering Equality & Diversity Text

9/3/11

10:27

Page 33

Targets: These can be percentages of underrepresented groups that


employers aim to achieve in the make up of their workforce as part of their
equality action plan. It is unlawful to use a target as a reason for selecting
someone, but it is not unlawful to take steps to get more qualified
applicants from particular groups (see 'Positive Action' in Employment
Practices section).
Transsexual: Transsexual is an adjective used to describe people who
have such a powerful sense of discomfort with the gender of their body
and subsequent social role a condition called gender dysphoria that
they undertake a personal, social, and sometimes medical, transition to live
in the gender identity of their personal conviction.
Victimisation: If a person has made or is making an accusation of
discrimination in good faith, it is unlawful to discriminate against them for
having done so, or because they intend to do so or it is suspected that they
intend to do so.

APPENDIX 5

33

Acas Delivering Equality & Diversity Text

Appendix 6:

10:27

Page 34

Useful Contacts and


websites

Acas National
22nd Floor
Euston Tower
London NW1 3JJ
Website: www.acas.org.uk
Helpline: 08457 47 47 47
Equality and Human Rights
Commission
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.
Website:
www.equalityhumanrights.com

34

9/3/11

DELIVERING EQUALITY AND DIVERSITY

Acas Equality Direct Helpline


Tel: 08456 00 34 44
Website:
www.acas.org.uk/index.aspx?
articleid=454
Press for Change
Press for Change is a political
lobbying and educational organisation,
which campaigns to achieve equal
civil rights and liberties for all
transsexual people in the UK, through
legislation and social change.
Website: www.pcf.org.uk

Acas Delivering Equality & Diversity Text

Other useful websites


www.businesslink.gov.uk
www.direct.gov.uk
Multi-faith net
This is a website detailing the cultural
differences and customs of different
religions. Can help employers
understand the different
requirements of various religions.
Website: www.multifaithnet.org
Stonewall
Works to achieve legal equality and
social justice for lesbians, gay men
and bisexual people.
Website: www.stonewall.org.uk
Age Positive
A government supported employer
focused initiative to promote good
practice on age issues at work.
Website: www.agepositive.gov.uk
Office for National Statistics
The official UK statistics site
Website: www.statistics.gov.uk

9/3/11

10:27

Page 35

Human rights and Public Law


Telephone Advice Line
To help employers with the Human
Rights Act.
Tel: 0808 808 4546

Federation of Small Businesses


Head Office
Whittle Way
Blackpool Business Park
Blackpool
Lancashire FY4 2FE
Website: www.fsb.org.uk
Tel: 01253 336000
Trades Union Congress
Congress House
Great Russell Street
London WC1B 3LS
Website: www.tuc.org.uk
Tel: 020 7636 0632
The Confederation of British
Industry
Centre Point
103 New Oxford Street
London WC1A 1DU

Information Commissioner's Office


For information on the Data
Protection Act.

Website: www.cbi.org.uk

Wycliffe House
Water Lane
Cheshire SK9 5AF

Chartered Institute of Personnel


and Development
IPD House
35 Camp Road
Wimbledon
London SW19 4UX

Website: www.ico.gov.uk
Tel: 01625 545700

10

Tel: 020 7395 8247

Website: www.cipd.co.uk

APPENDIX 6

35

Acas Delivering Equality & Diversity Text

Notes

36

DELIVERING EQUALITY AND DIVERSITY

9/3/11

10:27

Page 36

Information in this booklet has been revised up to the date of the last
reprint see date below. For more up-to-date information please check the
Acas website at www.acas.org.uk.
Legal information is provided for guidance only and should not be
regarded as an authoritative statement of the law, which can only be
made by reference to the particular circumstances which apply.
It may, therefore, be wise to seek legal advice.
Acas aims to improve organisations and working life through better
employment relations. We provide up-to-date information, independent
advice, high quality training and we work with employers and
employees to solve problems and improve performance.
We are an independent, publicly-funded organisation and
many of our services are free.
November 2011

Acas main offices:


National
London

Scotland
Glasgow

East Midlands
Nottingham

South East
Fleet, Hampshire

East of England
Bury St Edmunds, Suffolk

South East
Paddock Wood, Kent

London

South West
Bristol

North East
Newcastle upon Tyne
North West
Liverpool

Wales
Cardiff
West Midlands
Birmingham

North West
Manchester

Yorkshire and Humber


Leeds

www.acas.org.uk

Helpline

08457 47 47 47

08457 38 37 36
for the Acas Customer Services Team
who can provide details of services
and training in your area or
visit www.acas.org.uk/training

08456 00 34 44
for questions on managing
equality in the workplace

Ref: B16

To view a full list of Acas publications,


go to www.acas.org.uk/publications

You might also like