1. Equality Act On-Line Briefing for Managers Understanding what it is and why it is important for managers

2. Welcome to the Equality Act Briefing for Managers This online tutorial will take approximately 10-15 minutes to complete Use your mouse or keyboard arrows to navigate through the tutorial Some slides have scenarios given in which you have to decide on the appropriate course of action – click on the answer which you think is correct in each scenario If you want to pause or go back through the slides, you can do this at any time Work through the slides until the end where there will be a re-cap of the learning outcomes

3. As a result of this online programme, you will be able to: Explain what the Equality Act is Name the protected characteristics Increase your understanding of the Equality Act Understand the consequences of not complying with the Equality Act

4. What is Equality? Equality is about ensuring that everyone is treated fairly and given a fair chance This is false – sometimes we have to treat people differently to make it fair for them. Equality is about treating people in such a way that the outcome for each person can be the same – this can mean putting things in place to ensure that different people can achieve similar outcomes. To treat everyone fairly, you have to treat them the same. Do you think this statement is true or false? TrueFalse

5. Some examples of Equality in Practice: Having a screen reader for a person who is visually impaired Putting in ramps so that people in wheelchairs can access the building Making reasonable adjustments at interview Openly advertising vacancies in a variety of places, so everyone has the opportunity to be considered

6. So what does the law say? The Equality Act was introduced in 2010 and served to replace and harmonise some existing and outdated legislation and extending the discrimination law. This would include the following; Equal Pay Act 1970 Race Relations Act 1974 Sex Discrimination Action 1975 Disability Discrimination Action 1995 The Equality Act 2010 offers protection against discrimination to people with nine ‘protected characteristics’

7. The nine ‘protected characteristics’ Equality Act 2010 Age The Act covers people of all ages Age The Act covers people of all ages Pregnancy and Maternity A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled Pregnancy and Maternity A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled Disability Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and long term effect on their ability to carry out normal day-to-day activities Disability Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and long term effect on their ability to carry out normal day-to-day activities Sexual Orientation The Act protects bisexual, gay, heterosexual and lesbian people Sexual Orientation The Act protects bisexual, gay, heterosexual and lesbian people Gender Reassignment The Act provides protection for transsexual people – someone who proposes to, starts or has completed a process to change his or her gender Gender Reassignment The Act provides protection for transsexual people – someone who proposes to, starts or has completed a process to change his or her gender Sex Both men and women are protected under the Act Sex Both men and women are protected under the Act Religion or Belief In the Equality Act, religion includes any religion. It also includes a lack of religion e.g. Employees and jobseekers are protected if they do not follow a certain religion or have no religion at all Religion or Belief In the Equality Act, religion includes any religion. It also includes a lack of religion e.g. Employees and jobseekers are protected if they do not follow a certain religion or have no religion at all Marriage and Civil Partnership The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected Marriage and Civil Partnership The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected Race For the purposes of the Act ‘race’ includes colour, nationality and ethnic or national origins Race For the purposes of the Act ‘race’ includes colour, nationality and ethnic or national origins

8. You will now work through a number of scenarios to help you think about how the Equality Act impacts on day to day management in the workplace Read through each scenario and use your mouse to select which you think is the correct answer of the options given Once you have selected an answer you will be told if it is correct or not and given an explanation of the correct answer Click through to the next page to begin the scenarios Equality in Practice

9. Understanding and applying the Equality Act Harvinder, a manager in engineering, turns down Clare’s application to become a mechanic. Clare finds out that Harvinder turned down her application because he did not feel that she would fit into the predominantly male engineering team. Do you think Harvinder acted appropriately? Yes No This type of discrimination is known as direct discrimination. In this situation Harvinder has treated Clare less favourably because of her gender. Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have Correct answer: No this is a form of discrimination Scenario 1

10. Understanding and applying the Equality Act Cathy, an HR Manager, launches a company-wide dress policy. It states that employees should not wear headwear unless it is required by Health & Safety. Is there potential for discrimination in this situation? Yes No Correct answer: This is potentially discrimination This is potentially indirect discrimination. In this situation employees could be treated less favourably because of their religion/ belief as Sikh men or Muslim women can be required to wear headwear as part of their religion/ belief Indirect discrimination can occur if there is a condition, rule, policy or practice in a company that applies to everyone but particularly disadvantages people who share a protected characteristic Scenario 2

11. Understanding and applying the Equality Act Jane works in Marketing. She tells a colleague that her husband is starting gender reassignment and this information becomes general knowledge in the office. There is a lot of office banter about Jane’s husband. Jane’s application for promotion is turned down because her manager feels that she no longer commands the respect of her colleagues, despite an excellent track record and all the required qualifications. Has Jane been discriminated against? Yes No Correct answer: This is a form of discrimination This type of discrimination is referred to as discrimination by association. In this situation Jane has been treated less favourably because of her association with a transsexual. Discrimination by association is when a person is discriminated against because they associate with another person who possesses a protected characteristic Scenario 3

12. Understanding and applying the Equality Act The company are trying to increase the number of females employed. Stephen and Nina apply for the same job and both perform well at interview. However, Stephen has more relevant skills and more experience than Nina and is offered the job. Has Nina been discriminated against? Yes No Correct answer: No, this is not discrimination If Stephen is better qualified for the job, it is unlikely that Nina has been discriminated against Scenario 4

13. Understanding and applying the Equality Act James works in Sales and looks a lot younger than he actually is. He is told that a colleague will go to an international conference instead of him because his manager thinks that he looks too young to represent the company. Has James’ manager acted appropriately? Yes No Correct answer: No, this is a form of discrimination In this situation James is a victim of discrimination because of his age. This type of discrimination is known as perceptive discrimination. Perceptive discrimination is when someone is treated less favourably because others think they possess a particular protected characteristic, even if they do not in fact do so. Scenario 5

14. The consequences of not adhering to the Equality Act Discrimination claims can be taken to an Employment Tribunal at the recruitment stage as well as from day one of employment. Discrimination claims may result in; Substantial financial loss – there is no limit to the compensation that can be given for a discrimination claim Substantial reputational loss for the company Potential emotional and physical impact on the individual concerned as well as others involved in the case

15. The consequences financially of not adhering to the Equality Act Substantial financial loss – there is no limit to the compensation that can be given for a discrimination claim In June 2015 £406,000 was awarded to an architect subjected to maternity discrimination. She was subjected to sexist bullying and marginalised after she took maternity leave. In January 2012 a compensation award of £4.5 million was made to an ex- employee of the Mid Yorkshire NHS Trust. The award was for race and sex discrimination and it is thought that is the highest ever award in a discrimination case in the UK.

16. Conclusion The Equality Act: Impacts everyone in the workplace Provides legal protection for individuals from discrimination Helps to ensure that people are treated fairly and with respect

17. What support is available to me as a manager? Equal Opportunities policy to give you further information Log on to WorkMate for the full policy on Equal Opportunities 1 Select HR A-Z from the main HR dashboard 2 The Equal Opportunities policy is listed under ‘E’. You can also find all other company policies on the A-Z list 3

18. What support is available to me as a manager? Advice and guidance from the HR team – for any queries please get in touch with your relevant HR contact using the details below MetroMainlineHead Office Mark Stoker – Area HR Manager Metro mark.stoker@southeasternrailway.co.uk 07917 534579 Louise Barham – Area HR Manager Mainline louise.barham@southeasternrailway.co.uk 07917 534581 Pat Davis – HR Services Manager pat.davis@southeasternrailway.co.uk 07811 423794 Lyn McAllister – Area HR Officer Metro lyn.mcallister@southeasternrailway.co.uk 07718 340150 Clair Walker – Area HR Officer Clair.walker@southeasternrailway.co.uk 07811 996571 Kirsten Howes – Area HR Manager Engineering kirsten.howes@southeasternrailway.co.uk 07792216010

19. Revisiting the aims of this programme: Explain what the Equality Act is Name the protected characteristics Increase your understanding of the Equality Act Understand the consequences of not complying with the Equality Act

20. To receive an electronic copy of this presentation, please email Tim McCarthy at timothy.mccarthy@southeasternrailway.co.uk, quoting ‘Equality Act Briefing’ timothy.mccarthy@southeasternrailway.co.uk