Equality Impact Assessment- Legal & Policy Context

1. Equality Impact Assessment-Legal & Policy Context January 2008 Presented by Ionann Management Consultants Ltd Dianna.Yach@ionann.co.uk Qmul-EiaTrng1-80121-SlideShow.ppt

2. WORK BACKGROUND GEOGRAPHIC LOCATION IMMIGRATION STATUS RACE PARTNERSHIP/MARITAL STATUS DEPENDENCY DISABILITY AGE WORKING STYLE SEXUAL ORIENTATION THINKING STYLE RELIGION ETHNICITY CLASS VALUES GENDER & GENDER ID GRADE ACCENT LANGUAGE INCOME EDUCATION UNIVERSITY Dimensions of Diversity

3. Institutional Discrimination • The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, ethnic origin, gender, disability, age, sexual orientation, religion. • It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantages people from equality target groups.

4. Why do Equality Impact Assessments? Positive Legal Duties (Race, Disability & Gender) The University must have due regard to the need to: • Eliminate unlawful discrimination & harassment • Promote equality of opportunity • Promote good relations between persons of different groups & positive attitudes towards disabled people • Involve disabled people in policy making

5. Public Sector Equality DutiesRace, Disability & Gender Specific Equality Duties • Produce Equality Policy & Action Plan • Assess & consult on impact of policies • Monitor existing policies • Monitor key employment processes • Publish results of EIAs, consultation & monitoring • Train staff to carry out their duties

6. Equality Law: Definitions • Discrimination • Institutional • Direct • Indirect • Victimisation • Harassment • Positive action

7. EIA What is it?Why do it?Where does it apply?

8. Recruitment & selection Contracts & part-time working Performance management Staff development opportunities Retention & progression Promotion Disciplinary procedures Harassment & Bullying Management Working environment Policy development Procurement The University- as Employer

9. The University- as Service Provider Interviewing students Induction Curriculum content & design Teaching & Learning Exams & assessment Student support/guidance Retention & progression Research Halls of residence Catering Partners Placements Business Clients Community Links Contractors & Suppliers Learning resources

10. EIA Process Wheel DECISION: Is a full EIA necessary? Screening 1 Evidence & Consult 2 Monitor, Review, Revise, Repeat! 5 Evaluation & Options 3 PUBLISH Report & Action Plan 4

11. Monitor For Differential Impact What differences are there between groups of students in terms of: Teaching & learning Drop out rates Student progression & achievement Assessment Access to learning resources Support & guidance Curricula and other opportunities Aspiration?

12. Monitor For Differential Impact Are these differences based on objective criteria relating to achievement and/or potential? If yes, what are they? If no, what will you do to address these differences and by when?

13. Monitor For Differential Impact What differences are there between groups of staff in terms of: Recruitment & selection Grade & position Type of employment contract Career development Promotion Training & other development opportunities Grievances Disciplinary proceedings Aspiration?

14. Monitor For Differential Impact Are these differences based on objective criteria relating to achievement &/or potential? If yes, what are they? If no, what will you do to address these differences, & by when?

15. Do policies, practices or procedures in your area of work help all staff and/or students get as much as they can from what is provided and achieve as much as they can? If yes, how do you know? If no, what will you do to improve them and by when?

16. Are decisions affecting a person’s programme of study or career based solely on objective criteria relating to achievement and/or potential? If yes, how do you ensure this? If no, how do you justify these decisions?

17. What is your area of work doing to: • raise achievement levels & tackle inequalities? • promote dignity, courtesy & respect at work & study? • prevent or deal with discrimination Are the above actions appropriate & effective? • If yes, how do you know? • If no, what will you do to improve them? Practical Implications

18. Vicarious & Personal Liability • The employer will be held to be vicariously liable for all acts of discrimination carried out by a member of staff unless it can be shown reasonable steps were taken to prevent it • Individuals may be held personally liable for discriminatory acts

19. Tribunal • Tribunal powers • Burden of proof on Employer: in absence of good practice, discrimination may be inferred. • Consider impact of actions - intention is immaterial • Unwitting … only once !

20. Who Is Responsible? • University Council/Principal • Heads of Department, School or Institute • Managers & project leaders • All staff • Students • Sub-contractors