EQUALITY & DIVERSITY Equality is not about treating all people in the same way. It’s about recognising and respecting diversity enough to adapt practice and procedure to suit all.

EQUALITY ACT 2010 Will the Equality Act make everyone equal before the law? The Times, 15 April 2010 Firms free to favour female and black job applicants... Mail online, 4 December 2008 Equality plans ‘class war’ claim... BBC News, 12 January 2009

The Equality Act - Introduction Single largest piece of anti-discrimination legislation the UK has known. Harmonises multiple pieces of primary and secondary legislation.

The purpose of the legislation “The purpose of the Bill and its accompanying package of measures is to strengthen protection, advance equality and de-clutter the law.” We will... Introduce a new Equality Duty on the public sector End age discrimination Require transparency Extend the scope of ‘positive action’ Strengthen reinforcement

Protected Characteristics under the Equality Act 2010 Age Pregnancy & maternity Disability Race Gender reassignment Religion and/or belief Marriage and civil partnership Sex Sexual orientation The Act will ensure harmonisation of the law across all protected characteristics for simplification. There are still some difference across some protected characteristics.

Discrimination There are different types of discrimination: Direct Discrimination Indirect Discrimination Associative Discrimination Perceptive Discrimination Harassment (Third Party) Victimisation Disability Discrimination

Direct Discrimination What it is... “Person A directly discriminates against Person B when A treats B less favourably than A would treats or would treat others in the same circumstances”

Example of Direct Discrimination “A 70 year old lady was refused a broadband contract by Carphone Warehouse in the UK and was told that she could only register if she came to the store with a younger member of her family. The Carphone Warehouse had provided guidance to staff not to sell broadband contracts to customers aged 70+ as they believe they will not understand the terms of the contract.” Source: www.equineteurope.org You care for your disabled sister and you try to go to a nightclub with her. They refuse to let you in because they say disabled people aren’t good for their image. Your sister may have a claim of disability discrimination and, when the new law comes in, you may also have a claim of direct discrimination because of your association with her as her carer.

Indirect Discrimination What it is... “This happens when a requirement is applied equally to everyone but has the effect of excluding one group of people more than another”

Example of Indirect Discrimination Your employer brings in a new shift pattern which means that everyone has to work fewer but longer days. You have a disability that means you’re exhausted after two long days of working. So the new shift pattern puts you and other people who have the same disability as you at a disadvantage. Your employer will have indirectly discriminated against you if it can’t justify the new shift pattern. Source: www.equalities.gov.uk

Associative Discrimination What it is... “Less favourable treatment because of someone else’s protected characteristic.”

Example of Associative Discrimination Coleman v Attridge Law 2008 Sharon Coleman claimed managers at Attridge Law called her ‘lazy’ when she requested time off to care for her disabled son. She accepted voluntary redundancy, but later brought a claim for constructive dismissal and disability discrimination. A UK employment tribunal referred the case to the European Court of Justice to clarify European law. The ECJ ruled that able-bodied people can be covered by the Disability Discrimination Act because of their association with people covered by equality law. Source: www.personneltoday.com/articles/2008

Perceptive Discrimination What it is... “Discrimination against an individual because of a perception that he or she has a protected characteristic when he or she does not, in fact, have that protected characteristic.” (other than marriage and civil partnership, and pregnancy and maternity)

Example of Perceptive Discrimination Example 1 “An employer rejects a job application submitted by a white man whom the employer wrongly assumes to be black because he has an African name.” Example 2 “An employee is subjected to religious abuse on the basis that he supports a particular football team, even though he does not actually belong to the religion associated with that football team.” Source: www.mcgrigors.com

Harassment and Third Party Harassment What it is... “Unwanted conduct related to a relevant protected characteristic.” In addition, employers can be legally liable for the harassing conduct of third parties. A third party would include a client, customer, supplier, visitor, contractor, service user etc. Three strikes and you’re out!

Example of Third Party Harassment “The employee or job applicant is harassed by a third party on more than two occasions (not necessarily by the same person). The employer knows that it has happened but fails to take steps that are reasonable in the circumstances to prevent such harassment happening to that person again.” Source: www.equalities.gov.uk

Victimisation What it is... This happens when an individual is singled out because they have used the system to make a complaint or challenge treatment received.

Example of Victimisation “If you are lesbian and your fellow colleagues started passing unwelcome comments about your sexuality and you complained to your manager, but rather than doing something about the problem you are sacked for no reason or for no good reason and you believe that it is because of the complaint you raised, you may claim compensation for being victimised for making a complaint about sexual orientation discrimination.” Source: www.balindaandcoemploymentsolicitors.co.uk

Disability Discrimination What it is... Person A discriminates a disabled Person B if A treats B unfavourably because of something arising in consequence of B’s disability. Types of claims: “Because of” Detriment arising from the disability Reasonable adjustments by employer Indirect discrimination

Example of Disability Discrimination “Amir is a 12-year-old student with autism and sensory difficulties. One day he becomes very anxious when the fire alarm goes off in school. He stands with his hands covering his ears and is unable to move. The teacher tells Amir to leave the building but the pupil is frozen to the spot. The teacher shouts at Amir and the situation escalates to a point where the pupil lashes out at the teacher. Amir is excluded from school for two days for assaulting the teacher.” Source: www.westsussex.gov.uk

Assumptions WHAT assumptions do we make about people? WHY do we come to the conclusions we do? WHEN do we tend to make these assumptions? WHERE can this cause us difficulties? HOW can we stop ourselves doing this? WHO does it and who does it affect?

Further information The Government Equalities Office (GEO) http://www.equalities.gov.uk/ CIPD - Equal opportunities in employment http://www.cipd.co.uk/about/jobs/eqop.htm