Competitiveness is all about the recipe Unique Difficult to copy Adds value
What really impacts on Diversity? Dialogue Values Culture Leadership
Leadership Recognising that leadership and people management are more important than ever before Understanding that our most critical resource wears shoes and walks out the door each night Acknowledging that people differ and the only way to find out how much they differ is to listen Motivating and inspiring people only happens when you know what makes them tick
Values Recognising that values represent a promise or contract with each and every colleague Exploring what dignity & respect means Ensuring they create unity and a sense of belonging Understanding that values influence our actions
Dialogue Developing knowledge and understanding of what it means to be lesbian, gay, bisexual or transgender Encouraging colleagues to share their experience Consider the professional issues and challenges when addressing LGBT needs
Culture Understanding workplace culture can still seem like a luxury to most managers Dealing with the fact that almost a third of line managers feel diversity has nothing to do with them Ensuring leaders and line managers practice what they preach
What difference does it make? How much would it matter to your job satisfaction and working relationships? How much would it help your organisation to recruit good people? How much would it increase your willingness to talk positively about your organisation? How much would it improve the long-term prospects of your organisation?
CHANGING FOR THE BETTER Transgender Peoples Experiences at Work James Morton SCOTTISH TRANSGENDER ALLIANCE www.scottishtrans.org CHANGING FOR THE BETTER
What is the Scottish Transgender Alliance? An alliance formed by various Scottish transgender community support groups, individuals working for transgender equality and wider LGBT and gender equality organisations. The Scottish Government Equality Unit is funding the full-time Scottish Transgender Alliance Project Coordinator from April 2007 until March 2011. Based within the Equality Network – a voluntary sector organisation working to improve LGBT rights and equality in Scotland.
CHANGING FOR THE BETTER What does the Scottish Transgender Alliance do? Provides policy development & good practice guidance to public services. Creates information resources & delivers training. Facilitates transgender people in Scotland to respond to consultation opportunities. Strategically develops the capacity of transgender groups in Scotland. Advances research into transgender peoples experiences.
CHANGING FOR THE BETTER What do transgender and trans mean? Transgender and trans are umbrella terms. They mean all those whose gender identity or gender expression differ in some way from the gender they were labelled at birth. Gender Identity = an individuals internal self- perception of their own gender. Gender Expression = an individuals external gender-related physical appearance and behaviour.
CHANGING FOR THE BETTER Transgender Umbrella Transsexual Women (Male-To-Female) Transsexual Men (Female-To-Male) Intersex People Cross-dressing People (Transvestism & Drag) Androgyne People (Non-binary Gender)
CHANGING FOR THE BETTER Legal protection on grounds of Gender Reassignment Legal protection from discrimination and harassment if a person intends to undergo, is currently undergoing or has previously undergone gender reassignment. Gender Reassignment is defined as a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process. In other words: anyone who goes to their doctor saying they want to change the gender in which they live. It is also called transitioning.
CHANGING FOR THE BETTER Growing numbers of people transitioning
CHANGING FOR THE BETTER Workplace Experiences Please welcome two volunteers from the Scottish Transgender Alliance who are going to share some of their personal experiences of transitioning in the workplace. Prof Jo Clifford Nick Laird
CHANGING FOR THE BETTER Survey Evidence of Workplace Experiences The Equalities Review UK research survey Engendered Penalties of 872 trans people in 2007 found that 42% of respondents who want to transition are prevented from doing so because they fear the workplace reaction they would face. 25% of respondents who had transitioned had been forced to change their jobs due to experiencing anti-trans discrimination and harassment.
CHANGING FOR THE BETTER Survey Evidence of Workplace Experiences Surveys have found trans people have above average educational qualifications and are more likely to work in professional and managerial occupations: 33.0% of trans respondents are in professional occupations compared to 10.8% of the UK population. (Engendered Penalties, 2007) 55% of trans respondents have a HND, degree or postgraduate degree qualification. (Transgender Experiences in Scotland, 2008)
CHANGING FOR THE BETTER Trans staff still working in original gender role: What is it like being transgendered but no one at work knows you are? …Im in knots. Completely. My mind races with fears and worries. I often feel sick… I worry about how Ill be received… I worry about not knowing who will be nice, who will reject me.. I worry about being laughed at. And I worry this worrying is affecting my work. I want to prove Im a good worker, a worthy manager, that this part of me wont change. I want to show Im still a nice person, someone you can trust. That this part of me wont change… I just want to be seen as just another person getting on with their life. At the minute people see me as a friendly, sociable, confident, fairly successful man. Its just the last bit I want to change.
CHANGING FOR THE BETTER Staff who are undergoing gender reassignment: [My employer] suspended me illegally; they were rude, inconsistent and really nasty. Once my employer became aware of my TS status six months ago they have refused to refer to me by my new name or to refer to me in the feminine. Also at various times I have been threatened and subjected to discrimination. I had to leave this employment due to employers giving out personal info that only human resources should have known about. I was then subjected to abuse by colleagues.
CHANGING FOR THE BETTER Staff who are undergoing gender reassignment: When I told my line manager, I was close to tears. I was so nervous I could hardly speak. He was surprised but supportive and understanding, and made it clear this would make no difference to our working relationship. At my request, he advised my senior managers who also expressed their absolute support. It was good to be told by them that I was, and would remain, a valued and respected member of their team. We were able to produce an action plan and schedule for my transition and arranged regular progress meetings along the way. Over a period of a month, I explained myself to some 23 colleagues in my office and was given the time to do so. I provided them with the HR website information which proved invaluable. Every colleague expressed support at the time and since my transition they have given me exactly that. I have had nothing but encouragement – and crucially, respect.
CHANGING FOR THE BETTER Staff who have trans backgrounds: Lack of data security led to me being outed at work as transsexual and it was extremely hard to remain attending work after this happened as it felt like the equivalent of everyone at work seeing me naked – I felt that exposed and vulnerable. The Gender Recognition Act 2004 makes it a criminal offence with a £5000 fine to reveal gender history without persons consent. Important exceptions where the information is required: for prevention or investigation of a crime. for medical emergency treatment when person is unable to provide consent.
CHANGING FOR THE BETTER Staff who have trans backgrounds: When I decided to transition, I steeled myself for the worst. I was prepared to be an outcast and never be with anyone, but Ive surpassed my wildest dreams. Not only do I have a lovely boyfriend, but Ive realised my full potential at work, and my business has taken off. I dont need to tell everyone I meet about my past, and because of how I look, people dont guess. I have now found that I can bring so much more to my workplace and my life in my new gender than I did in my old… My workplace colleagues have also found me more productive, helpful, more approachable and gregarious, and the general comment that I often get is that I am a much better person.
CHANGING FOR THE BETTER Good Practice Guidance Be proactive in demonstrating commitment to transgender workplace equality and inclusion. Always use a persons preferred name and pronouns. Change name and gender on records at first request. Do not ask unnecessarily intrusive questions or make comments about their physical body or gender history. Maintain confidentiality about their gender history.
CHANGING FOR THE BETTER Good Practice Guidance Always let trans people decide which toilet is the most appropriate for them to use. Legally, they are allowed to. Dont make assumptions about how trans people view gender – listen carefully to what they actually tell you about their gender identity. Dont make assumptions about the sexual orientation of a trans person or their partner, they could be gay/lesbian, bisexual or straight.
CHANGING FOR THE BETTER Ten steps to begin workplace trans inclusion 1.Include transgender equality as an equality strand in general equality policies. 2.Ensure that transphobic bullying and harassment is included in your workplace bullying and harassment policy. 3.Set up a staff LGBT support network and ensure that transgender support info is available to staff. 4.Create a name and gender change procedural guidance note to enable records to be quickly updated upon request. 5.Ensure your workplace absence management policy includes allowing time off for gender reassignment medical assessments and treatments.
CHANGING FOR THE BETTER Ten steps to begin workplace trans inclusion 6.Be proactive in supporting the right of trans people to use workplace toilets in safety. 7.Identify a senior member of staff to champion transgender equality. 8.Include transgender issues within your staff diversity training programme. 9.Carry out a staff attitudes survey including questions on attitudes towards transgender people. 10.State commitment to transgender equality in recruitment advertising and by advertising in LGBT media.
CHANGING FOR THE BETTER Further assistance: James Morton - Project Coordinator SCOTTISH TRANSGENDER ALLIANCE www.scottishtrans.org firstname.lastname@example.org EQUALITY NETWORK 30 Bernard Street, Edinburgh, EH6 6PR Office: 07020 933 952 Fax: 07020 933 954 Mobile: 07840 570 202
Legal Update: Where Are We Now? Chris Phillips 11 February 2009
This Session Sexual Orientation Cases Transgender Cases Legislative Developments Case Study Workshops
On Grounds of Sexual Orientation E was subjected to sexual innuendo which suggested he was gay E is heterosexual, is married and has 3 children His tormentors knew that Was the treatment on grounds of sexual orientation? ET and EAT said no CoA said yes –English v Thomas Sanderson Blinds Ltd
Interplay with Religion/Belief Regs Christian Registrar refused to officiate in CP ceremonies saying inconsistent with her beliefs Disciplinary action taken against her Direct discrimination - was the reason for detrimental treatment a prohibited ground? Indirect - did the requirement to make every registrar perform CP duties place people of Ls religion or belief at a particular disadvantage? If so, could it be objectively justified? –Islington LBC v Ladele & Liberty (Intervener)
Magistrate = member of family panel Legislation introduced allowing same sex couples to look after children M asked to be relieved of these duties but was refused Was his objection because of a religious or philosophical belief? –McClintock v Department for Constitutional Affairs Interplay with Religion/Belief Regs
Burden of Proof For the claimant to prove facts from which a tribunal could conclude that the employer has treated him/her less favourably on the grounds of sexual orientation Then, burden of proof moves to employer to prove on the balance of probabilities that the treatment is not on the grounds of sexual orientation –Kauffman v Vescom Ltd
Transgender Discrimination G was working as an agency driver for Blue Arrow, placed with Exel/DHL Claimed she was removed from her regular run by Exel/DHL because of her transition status Claimed her grievances were not treated correctly by Blue Arrow –Gaynor v Blue Arrow & Exel/DHL
Transgender Discrimination Other recent cases –Allegation that a transphobic person had been appointed to an interview panel – unsuccessful claim –Constructive dismissal claim arising from perfunctory investigations into grievances – successful claim - £60,000 plus awarded
Equality Bill Gender reassignment definition to be amended Indirect discrimination against transgender people to be outlawed Direct discrimination against transgender people to be extended to cover discrimination by association Discrimination on grounds of CP or marital status to be retained
Equality Bill Public Sector Equality Duties –Single public sector equality duty covering all strands –Requirement to have due regard to the need to promote equality will be retained –General and specific duties retained –Procurement guidance
Positive Action – LGBT Mentoring Mary Evans & Jo Barringer Brighton and Hove City Council.
Background - why Organisational Fora Diversity Mentoring Development Days Commitment to Equalities & Diversity LGBT Buddying History Month & Social Events
Objectives Increase commitment and retention Address isolation Encourage networking and cross organisational support Enabling career development Develop new competence and understanding
Development & Putting it all in to Practice Feedback from LGBT Staff Tailored to LGBT needs Partnership working Information sessions Training Mangers info sessions Matching Supervision
Benefits & Outcomes 50% achieved all goals set out within the relationship 1 mentee achieved a promotion within 3 months of the commencement of the relationship. 1 mentee has since become a mentor Insight gained into the experiences of LGBT staff which has informed the work of the HR equalities group, the Equalities and Inclusion Team and work of the LGBT Forum. Outcomes suggest that where mentoring relationships are not ended due to external factors, they support the development of LGBT workers. Addresses Isolation
317 organisations entered this year up from 241 entries in 2008 23 different sectors in the entries 6,500 responses to staff survey returned from 244 organisations WORKPLACE EQUALITY INDEX 2009 PARTICIPATION
WORKPLACE EQUALITY INDEX 2009 SECTORS REPRESENTED IN TOP 100 Others Police Governm ent Investment Banks Law Local authorit y Professional services Financial retail Housing Third Sector Fire & Rescue
WORKPLACE EQUALITY INDEX 2009 HIGHEST PERFORMING SECTORS Profession al Services Police Investment banking Financial retail Governme nt Average sector score
have a strategy linking LGB equality to wider organisational aims 86% WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 POLICY AND PRACTICE have a senior Champion at Board level 93% of Board Champions are very active advocates 33%
93% work with Human Resources on policy and practices 74% advise on service delivery and business development issues WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 NETWORK GROUPS
100% offer diversity training inclusive of LGB issues 48% have put all their staff through diversity training 69% offer LGB specific or targeted leadership development WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 TRAINING AND DEVELOPMENT
monitor sexual orientation at the job application stage, in staff attitude surveys or both WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 MONITORING 98% 50% monitor sexual orientation representation across the workforce 34% monitor at every stage of the employment cycle
WORKPLACE EQUALITY INDEX 2009 DECLARATION OF SEXUAL ORIENTATION Top 25 26 - 50 51 - 100 Out of top 100 % of organisations with 90% or more staff declaring their sexual orientation
74% ensure that their suppliers have policies inclusive of sexual orientation 3 employers received full marks in this area WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 SUPPLIER DIVERSITY
100% are supporting the gay and lesbian community in some way 93% support staff participation in community events 78% of the top 100 advertise in LGB media 52% promote LGB equality in the non-LGB media WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 COMMUNITY INVOLVEMENT
95% have an out senior person in at least one of the top 3 tiers This figure drops to 50% for the top tier WORKPLACE EQUALITY INDEX 2009 KEY FEATURES OF THE TOP 100 PINK PLATEAU
WORKPLACE EQUALITY INDEX 2009 STAFF SURVEY RESULTS Commitment to equality Straight colleagues well informed Supportive senior management Easy being out at work Supportive line managers LGB-friendly workplace culture Confident reporting anti- gay bullying Recommend employer to other LGB people % negative responses% positive responses
WORKPLACE EQUALITY INDEX 2009 EASY TO BE OUT? % strongly agree % agree Gay men LesbiansBisexual s 16-2425-3435-4445+ 50% 69% 65% 68% 66% 61%
WORKPLACE EQUALITY INDEX 2009 STAFF SURVEY RESULTS BY RANK % satisfaction level 76% 75% 70% 67% 65% Top 25 26-5051- 100 101- 150 151+
Top Scottish Employer- Scottish Government Top Welsh Employer- Environment Agency Wales Overall Winner- Lloyds TSB Most Improved- Simmons & Simmons Network of the Year- Home Office WORKPLACE EQUALITY INDEX 2009
28 Scottish organisations entered 2 made it into the Top 100 11 Welsh organisations entered 5 Welsh employers made it into the Top 100 WORKPLACE EQUALITY INDEX 2009 AROUND THE NATIONS
The average Scottish organisation scored 39% The average Welsh organisation scored 43% The average English organisation scored 49% WORKPLACE EQUALITY INDEX 2009 AROUND THE NATIONS - SCORES
Are likely to have a senior champions but that champion isn't very active Workplace Policies are inclusive but not promoted as such Anti Bullying Policies cover Sexual Orientation but do not give examples of anti gay bullying Scottish organisations are unlikely to have an LGB Employee Network Group Are very unlikely to communicate to all staff on issues concerning sexual orientation Likely to offer Diversity Training including sexual orientation to staff WORKPLACE EQUALITY INDEX 2009 SCOTTISH ORGANISATIONS
Very unlikely to ensure line managers are equipped to manage diverse teams Very unlikely to offer any specific or targeted career development and support to LGB employees Likely to monitor sexual orientation at one or more stages of employment Not Likely to communicate their commitment to the wider LGB community Not Likely to ensure suppliers protect their LGB staff Very Unlikely to have out gay role models
145 responses from LGB people in Scotland 62 Gay Men 66 Gay Women/Lesbian 14 Bisexual 3 didnt declare STAFF FEEDBACK QUESTIONAIRE - SCOTLAND
Scottish Orgs WEI averageDifference Q1 LGB-friendly workplace culture61%75%-14 Q2 Commitment to equality74%80%-6 Q3 Easy to be out at work53%65%-12 Q4 Confident reporting anti-gay bullying68%75%-7 Q5 Straight colleagues well informed29%33%-4 Q6 Recommend employer to other LGB people74%76%-2 Q7 Supportive line managers69% 0 Q7 Supportive Senior Management56%64%-8 STAFF FEEDBACK QUESTIONAIRE
STAFF FEEDBACK QUESTIONAIRE – SCOTLAND HOMOPHOBIA IN OUR WORKPLACES? Just this morning in my office, I had to listen to two colleagues chatting about someone else being 'so gay'. When I asked what they meant by that, the response was laughter and, 'Oh, you know, that just means he's really stupid.' Such an enlightened place... As long as you are not to obvious you might survive! I think it is easy within my organisation to be 'out' as a gay female, however I feel that for a gay male it would be very difficult.
STAFF FEEDBACK QUESTIONAIRE – SCOTLAND BEYOND THE POLICY? I have pondered the significance of the fact that my civil partnership was marked by a signed card from colleagues whereas marriages, even second ones, routinely get a signed card *and* collection. Lots of token statements, but not reflected in practice - example, last year staff asked to verify personal data held, but under marital status no option given for civil partners. The organisation has various policies in support of LGB staff but just because they say they are LGB friendly, doesn't mean they are
STAFF FEEDBACK QUESTIONAIRE – SCOTLAND EMPLOYERS GETTING IT RIGHT I arrived from another country to work here and I've been made to feel very welcome, and interest has been taken in how my partner is doing in her search for work. I have found 100% support from senior officers and my colleagues over my sexuality and recent 'coming out'. I am comforted by this and the real change should be applauded.
DIVERSITY CHAMPIONS SCOTLAND People perform better when they can be themselves www.stonewallscotland.org.uk/workplace email@example.com 0131 557 3679
Slides from Tackling Bullying and Harassment workshop Kim Hunter, The Scottish Government
KIM HUNTER DIVERSITY ADVISER DIGNITY AT WORK MAKING A DIFFERENCE
WHY ARE WE DOING IT? CONTINOUS IMPROVEMENT CORPORATE CHANGES UNION AND MANAGEMENT FEEDBACK HAVE EXEMPLAR POLICIES
HOW DID WE DO IT? PROJECT TEAM STAKEHOLDERS UNIONS EVIDENCE RESEARCH IMPLEMENTATION
STAFF INVOLVEMENT AND EVIDENCE IMPACT ASSESSMENT WHO TO INVOLVE? HOW DO WE INVOLVE? WHAT OTHER EVIDENCE DO WE CURRENTLY HAVE? WHAT OTHER EVIDENCE DO WE NEED?
WHATS CHANGED? INVESTIGATING/DECIDING ROLES MEDIATION IMPACT V INTENTION LGBT BULLYING NAME CHANGE INCLUSIVE OF ALL POLICIES
Slides from Making Your Equality Scheme Work for Your LGBT Staff workshop Wlad Mejka, NHS 24 and Gillian Miller, Stonewall Scotland
Making your equality scheme work for your LGBT staff Wlad MejkaGillian Miller NHS24 Stonewall Scotland
Making your equality scheme work for your LGBT staff Introduction to topic –Scene setting –About NHS 24 Sexual Orientation Scheme How to achieve the goal –Ongoing Process –Cycle (EQIA Good Practice) –Voice –Reporting
Introduction to topic Scene Setting Ultimate goal How do we wrap it up What is stopping us? When it goes right and wrong
Introduction to topic What is stopping us? Is it even a good idea? Too much to do Dont know how to structure it Dont have enough knowledge Dont know whose responsibility it is Dont have any gay people to ask How do I gather data and monitor it?
Introduction to topic Scene Setting When it goes right: It would be difficult for somebody to actively discriminate against me and get away with it. I feel safer here than I have in many organisations Robert, Voluntary Sector
Introduction to topic Scene Setting When it goes wrong: Its a really bad analogy, but its like theyve got the icing on the cake. Theyve forgotten all the eggs and the flour in the cake itself. Its more about image, rather than because they see the benefit Justine, Private Sector
Introduction to topic About NHS 24 Sexual Orientation Scheme
How to achieve the goal Ongoing Process AWARENE SS KNOWLED GE DELIVE RY MEASUREM ENT Feedback Complaints Changing social context Increased visibility PR/news Leadership Research Case studies Staff journey Staff engagement Challenging prejudice Education Practices Mainstreaming Processes Communication Systems Performance management Baseline Targets Rates of change Inhibitors and accelerators Audit /survey improvements Vision Values Benefits Individual Group Social Expectations Recruitment and retention COMMUNICATI ON
How to achieve the goal Ongoing Process Not a once a year event Continual process Everyday cake –Easier to make –Easier to manage –More than one flavour –Achieves end purpose –Enjoyable experience
What is the need we are trying to address? What specifically needs to change? How will we know if change has taken place? What will we actually do? How will we make sure we're doing it as planned? How successful have we been and what have we learned? What now needs to change?
How to achieve the goal The cycle Equality Impact Assessment (EQIA) The purpose of the EQIA Potential difficulties Third party reporting example
How to achieve the goal The cycle – EQIA Good Practice Step 1 – Define the aims of your policy Step 2 – What do you already know about the diverse needs of your target audience? Step 3 – What else do you need to know? Step 4 – What does the information tell you about positive or negative impact on groups within target audience? Step 5 – Will you be making any changes to your policy?
How to achieve the goal The cycle – EQIA Good Practice Step 6 - Does your policy provide the opportunity to promote equality of opportunity or good relations? Step 7 – Rate the relevance of the policy for each equality strand – HIGH, MEDIUM or LOW Step 8 – Do you need to carry out a further impact assessment? Step 9 – How will you monitor and evaluate progress? Step 10 – Sign off and publish impact assessment
How to achieve the goal Voice How did NHS 24 consult and involve?
How to achieve the goal Reporting How do we know we made a difference?
Making your equality scheme work for your LGBT staff Questions
Making your equality scheme work for your LGBT staff Contacts: Wladyslaw Mejka Equality & Diversity Manager NHS24 Caledonia House Cardonald Park Glasgow G51 4ED Tel : 0141 337 4545 e-mail: Wlad.Mejka@nhs24.scot.nhs.uk Gillian Miller Policy Manager Stonewall Scotland 9 Howe Street Edinburgh EH3 6TE Tel: 0131 557 8188 e-mail: Gillian.firstname.lastname@example.org