Discrimination March 2010

Preventing discrimination

by Fluid

March 2010

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Contents3-4 Introduction to Fluid5-6 Sifting CVs7-9 Equality monitoring11-15 Diversity checklist16-17 Carers18-19 Dyslexia20-21 Expats22-29 Equal pay30-39 Gender34-35 Sexual orientation36-37 Smoking40-45 Ageism46-48 Religion49-50 Exercise51-52 Case studies53-54 Conclusion and questions

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Introduction

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Introduction to Fluid• Fluid Consulting Limited (Fluid) is a specialist

human resources consultancy headed by Tim Holden MCIPD

• 10 years in banking• 10 years in Human Resources consultancy• Fluid trading since 2006• The core services provided by Fluid are:

- Retention- Selection- Attraction- Remuneration & Reward - Outplacement- Training & HR consultancy

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Sifting CVs

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Sifting CVs

• Clearly define what you are looking for• Produce clear sifting guidelines• Identify appropriate qualifications• Ensure accuracy and consistency• Tell candidates what information you need• Request reasons for leaving previous jobs• Quality-assure your processes• Track decisions for speculative CVs• Ask recruiters to provide guidance on writing a skills-

based CV

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Equality monitoring

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Equality monitoring 1 of 2

• TEN STEPS TO EQUALITY• Define equality• Build a consensus on equality• Measure progress towards equality• Transparency about progress• Targeted action on persistent inequalities• A simpler legal framework• More accountability for delivering equality• Using procurement and commissioning positively• Enabling and supporting organisations in all sectors• A more sophisticated enforcement regime

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Equality monitoring 2 of 2

• TOP AREAS COVERED BY EQUALITY MONITORING• New recruits• Applicant numbers• People shortlisted• Grades/salary levels• Disciplinaries• Grievances• Resignations• Dismissals• Succession training• Career progression and/or promotions

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Diversity checklist

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Diversity checklist 1 of 5• DEVELOPING A VISION• When formulating your vision, try to use as

plain a style of language as possible so as not to exclude or marginalise anyone

• Make sure diversity and equality is relevant to all employees

• Ensure your vision encompasses both employees and customers/service users

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Diversity checklist 2 of 5• TAKING A STRATEGIC APPROACH• Adopt a strategic, systemic and planned

approach to diversity and equality• Link diversity and equality into the

organisation’s business objectives and strategy

• Ensure that your strategy touches every aspect of organisational life

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Diversity checklist 3 of 5• SHARING OWNERSHIP• Build support/accountability for diversity

and equality across the business• Integrate diversity and equality into the

business so it becomes a mainstream issue owned by all

• Senior-level leadership, involvement and support are essential

• Encourage people across the business and at senior levels to champion diversity and equality issues

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Diversity checklist 4 of 5• CHANGING BEHAVIOUR• Focus on learning and development at a deeper

level, use tools such as acting, DVDs, e-learning and debating forums so that people can get to grips with the issues

• Good communication helps to build a supportive and inclusive culture-use different communication methods to talk about diversity and equality such as team briefings, internal magazines, staff events and activities/intranets

• Ensure your leadership development strategies develop authentic, congruent, humble and courageous leaders-your whole business is likely to gain as a result

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Diversity checklist 5 of 5• MEASUREMENT AND EVALUATION• Set objectives upfront when implementing

diversity and equality strategies• Monitor progress against these objectives on

an agreed periodic basis• Tie diversity and equality objectives into the

performance management system so that individuals are assessed against this in their appraisals

• Build up a picture of what success around diversity and equality will look like in the future

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Carers

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Carers• COLEMAN CASE• It is arguing that people e.g. carers associated

with disabled people have the right not to be discriminated against because of this association

• It is not seeking a standalone right to flexible working, or any other ‘reasonable adjustment’ for carers

• The Advocate General’s opinion, if followed, will protect carers of disabled people from direct discrimination and harassment

• The same principles will have to apply to age discrimination, e.g. carers of elderly relatives

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Dyslexia

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Dyslexia• A disability under the Disability Discrimination

Act has to be a ‘physical or mental impairment’ with a ‘substantial and long-term adverse effect’ on someone’s ability to ‘carry out normal day-to-day activities’

• If an impairment affects one of the capacities listed in the DDA, it will almost inevitably have a adverse effect on normal day-to-day activities

• High-pressure assessments are normal day-to-day activities, as are other activities relevant to a person’s participation in professional life

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Expats

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Expats• Expatriates working in the UK when dismissed

can claim unfair dismissal and disciplinary discrimination here. This does not apply to those on a ‘casual’ visit during the course of their duties.

• Employees who work wholly outside the UK and are employed by an organisation based overseas are unlikely to be able to make unfair dismissal and disability claims here

• Employees who are posted abroad by a British employer for the purposes of a business carried on in the UK can make unfair dismissal and disability discrimination claims here

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Equal pay

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Equal pay 1 of 7• WHAT IS EQUAL PAY?• REASONS FOR THE GAP• Discrimination• Years of full-time employment experience• Interruptions to the labour market due to

family care• Years of part-time employment experience• Education

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Equal pay 2 of 7• TWO STAGE PROCESS IN DETERMINING IF PAY

ARRANGEMENTS ARE DISCRIMINATORY• 1. A tribunal must first ask whether the

arrangements are discriminatory-in that they directly or indirectly treat women less favourably than men

• 2. If the answer is yes, the tribunal should go on to consider whether:

• An employer’s knowledge of pay inequality is only relevant to the second question

• A discriminatory effect is measured objectively-knowledge, intention and motive are factors to be considered as part of justification

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Equal pay 3 of 7• MAIN REASONS FOR CONDUCTING AN EQUAL

PAY AUDIT• To identify areas of inequality within the

organisation• In response to a decision made by the HR

department• To be seen as a ‘good practice’ employer• To ensure transparency and openness• To avoid employment tribunal cases• To fulfill an agreement with trade unions• In response to a request from employees

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Equal pay 4 of 7• EQUAL PAY REVIEWS• Step 1-decide the scope of the review and

identify the data required• Step 2-identify where women and men are

doing equal work• Step 3-collect and compare pay data to

identify any significant equal pay gaps• Step 4-establish the causes of any significant

equal pay gaps and assess the justifications for these

• Step 5-develop an equal pay action plan and review/monitoring

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Equal pay 5 of 7• Ensure your pay system is transparent to

avoid uncertainty and perceptions of unfairness. Employees who understand their remuneration packages may be less likely to challenge them

• Impose narrow pay bands wherever possible, and clearly define progression between the bands

• Be clear about what employees actually do, rather than what their job descriptions say they do. Keep job descriptions up to date

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Equal pay 6 of 7• Consider alternatives to pay protection

arrangements (such as a one-off lump sum). The longer the period of pay protection the harder it will be to justify

• When deciding starting salaries for new employees, do not rely too much on their previous salary otherwise you may be perpetuating a previous employer’s inequality

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Equal pay 7 of 7• BEST PRACTICE CHECKLIST• Are your pay packages, including access to bonuses, the

same for men and women?• Is your pay reviewed centrally or bargained individually?• Are women clustered in lower paid jobs or grades?• Is there informal job segregation between men and

women in different sectors?• Is the take-up of job share, part-time or other work life

balance options distributed equally between men and women, and does exercising these options affect pay or promotion prospects?

• Are part timers paid pro rota to full timers?• And most importantly, what effect does this have on

business performance?

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Gender

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Gender 1 of 9• STATISTICS• There are five female Chief Executives of

FTSE100 companies, and three of them are American

• One in four FTSE100 companies have exclusively male boards

• Women hold 12% of FTSE100 directorships• Women hold 15% of non-executive

directorships• Over the past ten years the number of

women on boards has risen by 5%

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Gender 2 of 9• Bangladeshi and Pakistani women are the

UK’s most under-employed group• Despite a recognition that education and

work are critical for gaining a sense of self-worth, family comes first

• Formal childcare is not considered to be an appropriate option by many of the women

• The private sector was believed to be the most difficult area to gain a good work-life balance

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Gender 3 of 9

• BARRIERS TO FEMALE PROGRESSION• Lack of role models• Unwritten rules and beliefs• Choice• Confidence• The glass ceiling

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Gender 4 of 9• REDUNDANCIES• Women are susceptible to sex discrimination

when made redundant due to many employers’ dislike of family-friendly rights

• Non-discriminatory selection criteria for redundancies can help employers avoid sex discrimination claims

• An employer directly discriminates against a female employee if they treat her less favourably than a male counterpart and that the difference is on the grounds of her sex; and if they apply a practice, provision or criterion to all employees, which puts women at a disadvantage in comparison to men

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Gender 5 of 9• OVERCOMING BARRIERS• Radically re-communicate what is required

for top jobs• Talk honestly to groups of employees who

may see themselves reaching leadership positions

• Don’t lower standards, hire on merit alone• Listen without defensiveness to feedback• Give honest feedback to those who were

unsuccessful, and those who achieve promotion

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Gender 6 of 9• MANAGING MATERNITY• Be aware of physical changes• Consider complications• Carry out a risk assessment• Work together as a team• Know the legal basics• Build for the future

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Gender 7 of 9• WOMEN RETURNERS• Too few re-integration programmes• Lack of flexibility in the workplace• Poor budget planning to take account of

maternity costs• Low awareness of the real replacement costs of

losing senior women on/after maternity leave• Solutions• Flexible working• Sabbaticals• Extended holiday leave

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Gender 8 of 9• WOMEN RETURNERS• A flexible and open approach to recruitment will

broaden your pool • Too few re-integration programmes• Lack of flexibility in the workplace• Poor budget planning to take account of maternity

costs• Low awareness of the real replacement costs of

losing senior women on/after maternity leave• Solutions• Flexible working• Sabbaticals• Extended holiday leave

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Gender 9 of 9• WOMEN RETURNERS-BEST WAYS TO EASE

BACK• Flexible hours• Staggered return• Attending work social events• Regular meetings before returning to work• Access to work emails whilst on maternity

leave

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Ageism

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Ageism 1 of 5• Age discrimination laws protect both the

young and the old from discrimination• Discrimination can be justified if it is a

proportionate means of achieving a legitimate aim

• The test of justification is vague and difficult to predict

• Employers should avoid stereotypical assumptions as to the impact of age and experience on ability

• Employers may be driven to labourious assessment procedures to avoid the risk of being found to have acted on unjustified assumptions

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Ageism 2 of 5• PERCEIVED IMPACT OF BARRIERS• Cost• Attitude of board/CEO• Attitudes of management• Attitudes of workforce• Customer profile• Attitudes of employee representatives• Trade unions

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Ageism 3 of 5• RECRUITMENT• Consider whether the date of birth and other indicators

of age are necessary on the application form• Remove the dates from CVs before passing them onto

the people doing the assessment• Ask for particular types of experience rather than length

of experience in the person specification• Discuss the demands of the age legislation with

recruitment agencies and recruitment advertising agencies, and update contracts with these providers if necessary

• Put in place systems by which the performance of agencies on attracting age-diverse applicants can be monitored and ensure that they understand that the success of their contract will be partly measured upon this

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Ageism 4 of 5• MONITORING AND MEASUREMENT• Add an equal opportunities form that includes age to

your application pack or online recruitment system• Record the age of applicants at each stage of the

application process• Consider setting up a working group or similar to

examine this data in a systematic fashion• Use the data to identify any areas of potential

discrimination so that these can be addressed• Don’t just measure-take appropriate action• Maintain confidentiality• Review your monitoring system to ensure it remains fit

for purpose

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Ageism 5 of 5• COMMUNICATION• Make sure that all managers and employees who

are involved with recruitment are aware of the impact of legislation

• Produce a list of dos and don’ts for recruiters• Use as many channels of communication as

possible-email, the intranet, staff briefings, newsletters and so on

• Provide diversity training that includes age• Reinforce messages with clear actions if policies

are breached• Sustain communication

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Religion

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Religion 1 of 2• Where a provision disadvantages a

religious group as a whole or an individual in particular, accommodation should be considered unless the provision can be justified

• Where a religion or belief leads the holder to participate in discriminatory behaviour, it is unlikely that they will be able to invoke the protection of the Employment Equality (Religion or Belief) Regulations 2003

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Religion 2 of 2• No individual has the right to exercise their

religious beliefs in a way that breaches other aspects of the law and should not impose their view on others, particularly where this may cause offence

• Disciplinary action in respect of a personal stance that is inconsistent with an employer’s commitment to non-discriminatory objectives is likely to be justifiable whatever the source of that stance

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Exercise

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Exercise

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Case studies

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Case studies

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Conclusion & Questions

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Conclusion

• Summary• Questions