Acas Delivering Equality and Diversity (Nov 11) - Accessible-Version-Apr-2012
Acas Delivering Equality and Diversity (Nov 11) - Accessible-Version-Apr-2012
Acas Delivering Equality and Diversity (Nov 11) - Accessible-Version-Apr-2012
booklet
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 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.
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Contents
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Take action
What action should I take?
Positive action
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Appendix 1
Some frequently asked questions about monitoring
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Appendix 2
Sample equality policy
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Appendix 3
Sample monitoring form
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Appendix 4
Equality impact assessing
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Appendix 5
Glossary of terms
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Appendix 6
Useful contacts and websites
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2.
3.
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.
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Monitor your policy and action plan. Are they working in practice?
YES
NO
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.
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age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race (including ethnic origin, colour,
nationality and national origin)
sex
sexual orientation.
REVIEW YOUR EQUALITY POLICY AND ACTION PLAN
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people
groups
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Equality training
is making grievances?
is leaving?
is absent?
their concerns.
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Recruitment
and induction
see the
Acas guide
Recruitment
and induction
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Training and
development
Promotion
Discipline and
grievances
Equal pay
Bullying and
harassment
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Adapting
working
practices
Flexible
working
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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:
age
disability
gender reassignment
community
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Legal position
Race and
ethnicity
Gender
Gender
reassignment
Disability
certain jobs?
Flexible working can help to
promote gender equality.
confidentiality should be
guaranteed.
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Legal position
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Religion
and belief
Age
Page 13
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?
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MONITORING
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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?
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you dismiss?
leaves the organisation?
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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.
MONITORING
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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:
Take action:
Encourage more people to
apply for posts by considering
job-sharing and part-time
working
TAKE ACTION
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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.
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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.
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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
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Appendix 1:
Q
A
Q
A
Q
A
Q
A
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Appendix 2:
Our commitment:
APPENDIX 2
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This policy is fully supported by senior management and has been agreed
with trade unions and/or employee representatives. (Insert details if
appropriate).
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Appendix 3:
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
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Monitoring questions:
How would you describe yourself?
Choose ONE section from A to E, and then tick the appropriate box
A
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
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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?
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
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Female?
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
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(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
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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
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Appendix 4:
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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.
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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.
APPENDIX 5
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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
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APPENDIX 5
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Appendix 6:
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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
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Website: www.cbi.org.uk
Wycliffe House
Water Lane
Cheshire SK9 5AF
Website: www.ico.gov.uk
Tel: 01625 545700
10
Website: www.cipd.co.uk
APPENDIX 6
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Notes
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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
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South East
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East of England
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South East
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London
South West
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North East
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North West
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Wales
Cardiff
West Midlands
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North West
Manchester
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