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Equality & Diversity For All

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Presentation on theme: "Equality & Diversity For All"— Presentation transcript:

1 Equality & Diversity For All
INTRO TO TALK: I’m going to tell you a bit about what your E&D Team does, then we’ll do a quick quiz to test your knowledge and we’ll finish up with a few slides. Hopefully time for questions at the end… By Mona Patel

2 Meet your E&D Team We are responsible for developing and putting into practice the University’s Equality & Diversity agenda. The Equality & Diversity Team is part of Organisation Development, Training & Diversity (ODTD); which is one of the 4 HR departments, and is headed by Josie Elson. The team work with all members of the University community. We give clear guidance and identity to this important area of the University’s work and support the legal, institutional and cultural aspects of E&D. We provide a range of services, sources of information and advice such as the development of policies, schemes, and guidance and ensuring that there is effective consultation and involvement. We offer advice with respect to all aspects of E&D to managers and students. From left to right: Mona Patel, E&D Officer, Katherine Wrigglesworth, E&D Asst, Wendy Kenyon, E&D Manager & Vicci Jarman, E&D Co-ordinator. By M Patel

3 FAIR PLAY QUIZ TIME! Split up the audience so that half room look at Q.s 1-3 and the other half look at Q.s 4-6 Please could you spend 2-3 minutes reading and discussing the question and then choose one person to feedback to the rest of the group please… (If you have time, then plz look at Q 1 as well) By M Patel

4 Question 1 Which of the following characteristics are NOT protected by anti-discrimination law? Age Sex Disability Alcoholism Pregnancy and maternity Obesity Sexual orientation Ginger hair Marriage and civil partnership Gender reassignment Race Religion

5 ANSWER Discrimination on grounds of d) alcoholism, f) obesity and
h) ginger hair are not currently limited by discrimination law. CONTEXT The Equality Act 2010 protects people in employment from discrimination, victimisation, harassment or any other detriment because of any of the mentioned ‘protected characteristics’ – except for alcoholism, obesity and having ginger hair.  The Equality Act came into force from October 2010 and brings together over 116 separate pieces of legislation into one single Act. It is intended to simplify, strengthen and harmonise the current legislation to provide Britain with a new discrimination law that protects individuals from unfair treatment and promotes a fair and more equal society.  The Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) specifically provide that addiction to alcohol, nicotine or any other substance (except where the addiction originally resulted from the administration of medically prescribed drugs) is to be treated as not amounting to an impairment for the purposes of the Equality Act Alcohol addiction is not, therefore, covered by the Act. Less favourable treatment on the grounds of hair colour or appearance, except where it is linked to race, isn't specifically prohibited and name calling of someone with red hair does not amount to unlawful discrimination.  Picking on someone because they have ginger hair could amount to bullying however. 

6 Question 2 Positive action allows employers to automatically offer employment opportunities to people from under-represented groups to improve the diversity of their workforce.   True or false? By M Patel

7 ANSWER FALSE An employer can take a protected characteristic into consideration when deciding whom to recruit or promote, where people with the protected characteristic are at a disadvantage or are underrepresented (for example, women or men in specific professions). Answer... FALSE CONTEXT An employer can take a protected characteristic into consideration when deciding whom to recruit or promote, where people with the protected characteristic are at a disadvantage or are underrepresented (for example, women or men in specific professions). This can be done only where the candidates are equally qualified, and it does not allow employers to have a policy of automatically treating people who have a protected characteristic more favourably than those who do not. The Equality and Human Rights Commission explains ‘equally qualified’ to means the situation in which there are ‘two or more applicants for a job who would be able to do it equally well – although they may do it differently depending on their skills and qualities’.   It should be noted that adopting this provision could carry with it a risk of discrimination claims from unsuccessful candidates.    

8 Question 3 An employee believes they have been discriminated against at work and goes to an Employment Tribunal. At the Employment Tribunal, the employee has to prove that s/he has been discriminated against. True or False?

9 Answer FALSE Once a prima facie case of discrimination is established, the burden of proof shifts to the employer to prove they did not discriminate.  Answer... FALSE CONTEXT Once a case of discrimination is first established, the burden of proof shifts to the employer to prove they did not discriminate.  Under the Equality Act an Employment Tribunal can now make recommendations that an employer must eliminate or reduce the effect of discrimination on all employees, not only the claimant.  Note for self - However, this provision will not extend to cover equal pay cases.  There is no statutory limit to the amount that an Employment Tribunal can award in discrimination cases.

10 Question 4 Yes or No? If you were picked on at work because
you were friends with a gay man, could YOU take action against your employer? Yes or No?

11 Answer YES This is known as ‘discrimination by association’.  It refers to a situation where an individual is discriminated against through their association with another person. Answer... YES This is known as ‘discrimination by association’.  It refers to a situation where an individual is discriminated against through their association with another person.  In this example, the harassment is on the basis of a friend’s sexual orientation, which is protected by anti-discrimination law, regardless of your own sexual orientation. Discrimination based on association can occur if, for example, an employee is overlooked for promotion because their partner has undergone gender reassignment or if they have a child who is disabled. Discrimination based on perception can occur if, for example, an employer decides not to promote a male employee because senior staff believe him to be homosexual, irrespective of whether he is homosexual or not. Note to self: The new definition of direct discrimination introduced in the Equality Act 2010 extends protection based on association and perception, already applicable to race, sexual orientation and religion or belief, to include age, disability, gender reassignment, sex and pregnancy and maternity.

12 Is this discriminatory?
Question 5 A woman returns from ordinary maternity leave (i.e. the initial 26 week period) to find that changes have been made to working practice that make it difficult for her to continue working due to her childcare commitments.  Her employer did not consult her over these changes and cannot offer her an alternative position.  Is this discriminatory? 

13 Answer YES An employee is entitled to return to the same job during or after the ordinary maternity leave period (i.e. the initial 26 weeks) on the same terms and conditions of employment as if she had not been absent.  Preventing an employee from returning to work could result in a claim of unfair dismissal to an employment tribunal.  During a period of additional maternity leave (i.e. the second 26-week period of leave) she is entitled to return to the same job on the same terms and conditions of employment as if she had not been absent.  However, if it is not reasonably practicable for her to return to her old job, the employer should offer her a job:  that is both suitable and appropriate for her to do on terms and conditions that are no less favourable than those for her original job Offering a job that does not fulfil these criteria could result in a claim of constructive dismissal or sex discrimination.  During maternity leave, an employer must keep the employee informed of promotion opportunities and other information relating to her job that she would normally be made aware of if she was working, e.g. redundancy situations. (this is the case for sickness absence too). Employment law gives some employees the right to request flexible working (MMU does). These include parents with a child under 18 (or a disabled child under 18) and people helping to look after an adult relative who needs care.  If an employee who has worked for you for at least 26 weeks qualifies for the right to request flexible working, you can only refuse if there is a clear business reason for doing so.

14 Question 6 The World Health Organisation (WHO) declassified homosexuality as a mental illness in True or False? By M Patel & K Lee

15 Answer FALSE It was 1990 On 17 May 1990, the WHO endorsed an intention to remove homosexuality from the International Classification of Diseases (ICD) as a mental disorder. Answer... FALSE.  It was 1990! CONTEXT On 17 May 1990, the World Health Organisation endorsed an intention to remove homosexuality from the International Classification of Diseases (ICD) as a mental disorder.  The UK government followed in 1993 by removing homosexuality from the central computer list of psychiatric illnesses.  The age of consent was equalised in 2001.

16 What is Equality of Opportunity?
Applies to just minority groups x Treating people with different needs exactly the same way Favouring minority groups Treating people FAIRLY Equality of Opportunity is often misunderstood: It doesn’t apply to just minority grps It doesn’t mean we need to treat people with diff needs exactly the same way It doesn’t mean favouring minority grps unlike what you read in the press… its simply about treating everyone fairly; nothing more nothing less. Its about CREATING A LEVEL PLAYING FIELD WHERE PEOPLE CAN PROGRESS PURELY ON BASIS OF THEIR MERIT. Note to self: But what is DIVERSITY? A broader concept about respecting & valuing all forms of difference in people and positively striving to meet their different needs. By M Patel

17 Why do I need to know? Benefits to MMU: Benefits for You:
To attract & retain the best staff & students from the widest pool of talent; Improves educational opportunities; Treating staff/students fairly creates a good working and learning environment; The Equality Act 2010 Benefits for You: Your right to be treated fairly and with respect; Being aware of how to treat others with different needs; Helping to shape the E&D agenda… Uni’s Resp’s: Makes sense to make use of the talent and skills of everyone – this is crucial to MMU’s on-going success WP is a key objective A good environment is something which we all want – where people feel they can contribute and progress. The Uni has to abide by the laws and duties within the Equality Act Your Rights: Its good to know your own rights Being able to understand different people’s needs You can help MMU shape the E&D agenda by getting involved – I’ll explain how on the next few slides… By M Patel

What can you do? Have your say! Get involved in consultation  Equality Impact Assessments (EIA) Familiarize yourself with the University’s Equality & Diversity Policy Tell us about YOU Join in focus groups and staff networks 1. Engage with us – individual members of staff have the right to be involved in matters that affect them. e.g. SES consultation highlighted many priorities such as improving physical/sensory access across university buildings, career progression and supporting LGBT staff etc This consultation became part of the recently published MMU SES. We conduct Equality Impact Assessments on all policies to ensure no adverse impacts, so we have EIA champions within depts who are our interface. Always looking for more colleagues to do this! YOUR VOICE IS IMPORTANT TO US! 2. Read the policy so you are aware of your rights and what is happening around you 3. Try to fill out equality monitoring forms/annual audits as honestly as possible so that our data is robust. This data helps the team to ensure that the University is representative in decision-making processes/policies. e.g. 6.1% of the total staff population at MMU had disclosed a disability compared with the sector average of 3%. Proactive work of Disabled staff at MMU – benefits in doing so. Mention the Disability GUIDE! Equality Challenge Unit, Equality in Higher Education – Statistical Report 2010 4. Join the Equality Staff Forums – explained on the next slide… By M Patel

19 What kind of support is available? 1. Staff Networks
Diversity & Equal Opportunities Committee (DEOC) Disabled Staff Forum (DSF) Membership - All Staff welcome Black & Minority Ethnic (BME) Staff Forum Gender Staff Forum (GSF) Membership - All staff welcome. Lesbian, Gay, Bisexual & Transgender (LGBT) Staff Forum Disabled Staff Forum (DSF) - Running for over 5 yrs Black & Minority Ethnic Staff Forum (BME)- Running for over 3yrs Gender Staff Forum (GSF) – running for nearly 2 years LGBT Forum - set up in 2010 REPORTING BACK TO THE DEOC CHAIRED BY OUR VC ALL STAFF WELCOME TO JOIN…BUT GET IN TOUCH WITH Vicci…DETAILS on how to contact us are INCLUDED IN YOUR HANDOUT All forums meet at least once a term and report back to the DEOC. By M Patel

20 What kind of support is available?
2. Development & Training Training Courses E-learning Courses 3. Other Support Anti-Bullying & Harassment Advisors Network 4. Useful Resources: 4.1 Diversity Calendar 4.2 Disability Disclosure Guide 4.3 Website: 2. E&D Training Courses or can be done on-line as an e-learning course to suit your working arrangements - offer a bit more flexibility. All inside the Staff Development Booklet Take advantage of the what is offered 3. Anti-B&H Advisors Network – Volunteers who help MMU create an environment that is free from any form of bullying & harassment. The Advisers play a vital part in promoting this and the University recognises and appreciates the value of the contribution of this role. 4.1 . The MMU Diversity calendar – useful in terms of planning timetables, meetings around festivals & religious holidays etc. Also highlights any local diversity events taking place. 4.2 Disclosing a Disability? Not sure who to turn to or how to inform your line manager/HR adviser? Download the guide or ask us… 4.3 Website - you'll find links to University policies, procedures, good practice guidance. Also find progress reports and latest news. Information available on multi-faith quiet rooms around the university and external facilities (students and staff). By M Patel

21 ANY QUESTIONS? “Universities are the gateway to careers; champions to civilisation and culture bringing challenges and perspectives on equality” ~ David Ruebain, Chief Executive of the Equality Challenge Unit, June 2010 The University has put considerable emphasis on ensuring that its values are underpinned by action and these can be found in the SES ACTION PLAN This presentation and the quiz is just the first step in considering equality and diversity, something that you should remain aware of and be proactive in throughout your working life at MMU. Thank you. Any Questions? By M Patel

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