Equality & Diversity – Page 3

Think Outside the Box – Leading Diversity & Inclusion in the Workplace

Diversity & Inclusion Book Cover

I am delighted to announce that following on from my previous book ‘Leading Equality, Diversity & Inclusion – A Practical Guide for Managers’, my new book ‘Think Outside The Box – Leading Diversity & Inclusion in the Workplace’ is now available as a hard copy, paperback book on amazon.co.uk.

The origins of this book come directly from this very blog and I will be sharing aspects of the book over the coming weeks. However, in the meantime, if you are involved with workplace diversity and inclusion then please take a look at the book; it has a range of proven strategies that will help build an inclusive culture in your workplace.

The books blurb goes something like this. ‘In practise, equality, diversity and inclusion can sometimes be perceived – quite inaccurately – as political correctness or an exercise in government ‘box ticking’. Yet, in recent years, organisations have become increasingly aware of the business case for being a fully inclusive workplace, where employees feel valued, opportunities are available for all and diversity is celebrated.

In this case, diversity and inclusion initiatives become less about compliance with legislation and more about leading change, improvement initiatives, engaging, motivating and improving the potential of staff.

‘Think Outside The Box – Leading Diversity & Inclusion in the Workplace’ provides an up-to-date source of diversity and inclusion best practice for workplace leaders and gets to the heart of the diversity issues facing the UK workforce with clear strategies and practical guidance to creating a fully inclusive workplace.

Author – John Duncan – is a Diversity and Inclusion specialist leading on strategy and policy development with over 15 years substantial experience of providing advice, support and training within the public sector. ‘

D&I Training – Know Your Audience

I am not a fan of the word training, especially as a diversity and inclusion trainer. Too often, when staff hear that they need to undertake compulsory diversity and inclusion training eyes roll, shoulders shrug and attitudes drop. It’s not rocket science to know that we mustn’t regurgitate the same old, tired equality training; instead we should be training for what staff actually need. However, that’s much easier said than done; clearly organisations will need to survey staff to find out what would actually benefit them in their day to day jobs rather than impose generic training content. In larger organisations, especially the public sector, staff surveys are common practice but good practice is to ask staff to self-identify a matrix of development needs where specifics can be recognised and acted upon.

For instance, the LGBT+ community are statically more likely to suffer from mental health difficulties – and those from the Trans community even more so. As such, would front line, clinical, mental health staff in the health care sector benefit from – for example – an awareness of the use of ‘pronouns’ for the LGBT+ community or the importance of not ‘dead naming’ Trans patients. They might benefit from this training but, on the other hand, if they are already aware, they might not need this. Fundamentally then the key thing to effective equality training, where staff are receptive, even evangelical, is not to repeat content, not to provide unnecessary content but to take the time to ask staff what would actually benefit them.

As a diversity and inclusion specialist, I am more interested in what support managers and staff actually want rather than simply putting on training for the sake of it. That support I also write down and publish in this blog on the diversity and inclusion challenges faced in the UK workforce. Though, in a ‘practice what you preach’ moment, I examined which of my diversity and inclusion articles were being read (and which were not) whilst exploring what people who search for diversity and inclusion information online actually wanted.

theequalityblog.co.uk has had over 1000 referrals from Google, Bing and other search engines, with the most popular search terms being ‘equality in faith schools’ and ‘equality protected characteristics’. By itself, it gives a strong indication as to the actual concerns (and the needs) of workforce staff have regarding equality. Specifically, in this case, a need for information on how faith schools can demonstrate equality whilst being selective in their recruitment and how the protected characteristics, as defined by the Equality Act 2010, impact on staff and what managers need to know to support staff with protected characteristics. Interestingly, the most visited article on the website is Ramadan Mubarak – How to Support Employees Observing Ramadan, which again highlights the support needs of workforce managers in supporting staff who observe Ramadan. Subsequently, in the knowledge of what my audience are actually seeking I can tailor diversity and inclusion articles accordingly. In this way the information is relevant and what people actually need to help them in their day to day operations.

Equality, Diversity & Inclusion – A Glossary of Terms

Thanks to Jan Lawrence at In-Equilibrium for this concise explanation of the main terms used when discussing Equality, Diversity & Inclusion:

Equality – Fair treatment of individuals or groups, ensuring they are treated equally and no less favourably in areas including those of age, disability, gender, race, religion or belief, sexual orientation, gender re assignment, marriage and civil partnership, pregnancy and maternity.
Direct Discrimination – Treating a person less favourably than another is being treated, or would be treated, because of their protected characteristic(s). Direct discrimination also includes:
Associative Discrimination – when an individual is discriminated against because of their connection with someone who has a protected characteristic(s).
Perceptive Discrimination – being discriminated against because it is believed an individual possesses a protected characteristic(s). It applies regardless of whether the individual possesses the protected characteristic(s) or not.
Diversity – Acknowledging, valuing and respecting people’s psychological, physical and social differences in order that their full potential and contribution can be realised.
Inclusion – A sense or feeling that an individual or group are welcome, respected, supported and valued in order that their unique needs, working and learning styles are met. An inclusive environment will embrace differences and offer respect both verbally and in actions to ensure that everyone can fully participate.
Indirect Discrimination – Happens when an organisation’s conditions, policies or practices which, on the face of it appear neutral, have an impact that particularly disadvantages those who share a protected characteristic(s); unless whoever applied it can provide ‘objective justification.’
Harassment – The Equality Act 2010 defines harassment as, “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.” Harassment applies to all the protected characteristics except, Marriage and Civil Partnership and Pregnancy and Maternity. Employees can complain of behaviour that they find offensive even if it is not directed at them and they do not possess the relevant protected characteristic themselves.
Positive Action – Is distinct from unlawful positive discrimination (which involves the practice of favouring an individual who belongs to a group which suffer discrimination). Positive action is lawful when an employer takes steps to counteract the disadvantages it believes people who shared a protected characteristic face. Any decisions taken following positive action must then be made on merit (unless section 159 of the Equality Act 2010 applies).
Protected Characteristics – The Equality Act 2010 specifies 9 features which, for the advancement of equality and opportunity, are afforded protection from discrimination, harassment, and victimisation. In alphabetical order they are: Age, Disability, Gender, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sexual Orientation.
Reasonable Adjustments – The duty to make reasonable adjustments is covered in the Equality Act 2010 to ensure positive steps are taken to remove the barriers those with disabilities face so they are not substantially disadvantaged. The 3 main areas organisations and establishments need to consider are:
- To change provisions, criterions or practices which may provide a barrier unless it is unreasonable to do so
- To change a physical feature of a business or premises which may make access or use difficult for those with disabilities
- To provide auxiliary aids or services, which may include additional services, in order to help a person with a disability to either access or do something
Stereotype – A widely held, positive or negative, image or idea which an individual believes about the characteristics of a certain group.
Victimisation – Occurs when an individual is singled out for unfair treatment or discrimination as a result of making a complaint/grievance, threatening to make a complaint/grievance or supporting a complaint/grievance made by a third party.

Equality Impact Assessment

It is vitally important that all workplace policies and procedures that impact upon staff have been through a robust Equality Impact Assessment or EIA. Such an assessment is an internal audit process which is specifically designed to measure whether a policy, project or scheme is at risk of discriminating against any disadvantaged or vulnerable people.

Under the Equality Act 2010 it is illegal to discriminate against an employee because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. As such, without effective review, a new policy or procedure may unintentionally discriminate against a group of employees because they share a protected characteristic.

For example, a new policy may be published which states that hats or head gear cannot be worn at work under any circumstances. However, such a policy would discriminate against Sikh men, for whom the wearing of the turban is mandatory.

In this situation, a robust Equality Impact Assessment would have been able to identify that such a policy would discriminate against staff from certain religions. This type of discrimination is referred to as indirect discrimination and, generally speaking, occurs when an organisational policy or procedure is put in place which applies to everyone and is not discriminatory in itself but it may put those with a certain protected characteristic at a disadvantage.

The purpose of the EIA process is to prevent discrimination and where the assessment identifies a risk of discrimination action can be taken to make the necessary changes to ensure discrimination does not happen. In this way, the EIA is a useful tool to help improve or promote equality in an organisation to help remove barriers and improve participation for underrepresented groups.

In most situations, organisations don’t set out to purposefully discriminate against any of their stakeholders but sometimes a lack of awareness, especially where a policy, process or scheme may disadvantage one group over another, the EIA can help to identify and make changes to ensure everyone is included and not disadvantaged.

Here is an example from ACAS, the Advisory, Conciliation and Arbitration Service, where they highlight how equality impact assessment can make a positive impact to the workforce. ‘One local authority found a recipe for success over its meals on wheels service. The authority was concerned that the food it was serving up wasn’t to everybody’s taste. So it used an equality impact assessment to find out why. The authority discovered that in certain ethnic communities, only a few people were tucking in. So the authority decided to change the menu to ensure that these diners had a range of different types of meals more likely to appeal to choose from. Soon there were many more ‘happy eaters’ among these communities, while ‘white British’ users were also delighted at the improved choice and quality of the food. In this way the authority not only improved its service but saved money as well.’

If a regular audit of an organisations policies, processes and practices is not undertaken then an unintended act of discrimination may remain undetected for some time, that is until someone makes a complaint or is let down by the service they receive. This is exactly how indirect discrimination happens in the workplace and an EIA can be used to identify this early so changes can be made in the best interests of all.

Generally speaking, for an EIA to be effective it must ask four key questions of what it is assessing. For example, if using an EIA to assess the impact of a new policy then we must ask: 1.) What is the intention of the policy? 2.) How is it seeking to achieve this? 3.) Who benefits (and does not benefit) from the policy and how? 4.) What are any ‘associated aims’ (or other policies) attached to the policy and how do they impact? By doing this we can assess the intention of the policy, what method it uses to enforce the policy, who actually benefits from the policy and what other influences are there that impact on this policy, which should help us to identify risks.

Culture First, Diversity and Inclusion Second

Diversity and Inclusion is not just about compliance with legislation, it’s about leading change, implementing improvement initiatives and engaging, motivating and improving the potential of staff.

Sundar Pichai, chief executive officer of Google LLC, said of inclusion “A diverse mix of voices leads to better discussions, decisions, and outcomes for everyone.”

This is equally true of the boardroom as it is the operational side of an organisation and the distinction that equality is not just about compliance with legislation must be supported at board and executive level within an organisation in order for diversity and inclusion initiatives to have any real impact.

As such, the first job to improve diversity and inclusion in an organisation is to get board and executive backing. Furthermore, unless the culture of the organisation is right then no diversity programme will help. Consequently, before any diversity and inclusion initiatives are rolled out it is essential that the culture of the organisation is one which is receptive to change, to new ideas and inclusion.

Where an organisations culture does not yet lend itself to inclusive practices then wholesale organisational development is essential and any diversity initiatives will fail until that culture is fixed. Organisational design and re-structuring is the subject of a number of books for human resources leaders and beyond the scope of this post.

But, where you have a workplace culture which supports change and new ways of practising as well as the public support of the board or executive leadership then you can examine the current picture of diversity and inclusion in the organisation with a view to implementing an improvement strategy.

Good diversity and inclusion practice recognises that historically certain groups of people with protected characteristics such as race, disability, sex and sexual orientation have experienced discrimination. To that end, an organisations equality strategy must be about ensuring that every individual has an equal opportunity to make the most of their lives and talents.

Furthermore, really, a good equality, diversity and inclusion programme or strategy attempts to ensure that no one should have poorer life chances because of their gender, their race, the way they were born, where they come from, what they believe, who they love, or whether they have a disability.

As a final point, in order to improve diversity and inclusion in the workplace, it is absolutely vital that we don’t just think about the data; we need to collaborate with people because the organisations people – whether that be staff, customers or service users – are at the heart of all successful diversity and inclusion improvements. Only through working with their people can an organisation reduce bias in hiring, foster inclusivity and create feelings of belonging for employees of all backgrounds.

The Business Case for Diversity

Increasingly, the term ‘Equality’ (and what used to be referred to as Equal Opportunities) is making way for discussions on ‘diversity’ as this term is much broader in its scope and gets to the heart of the integration challenges facing the UK workforce.

Over the past five decades our society has become increasingly complex and multicultural as population growth continues, subsequently becoming more diverse and with an aging population. Furthermore, changes to employment law coupled with an increase of the age at which an employee can retire and draw a pension means we now have increased competition in the workplace for fewer and fewer jobs.

As Vijay Eswaran, Executive Chairman, QI Group of Companies, explains: ‘In this era of globalization, diversity in the business environment is about more than gender, race and ethnicity. It now includes employees with diverse religious and political beliefs, education, socioeconomic backgrounds, sexual orientation, cultures and even disabilities. Companies are discovering that, by supporting and promoting a diverse and inclusive workplace, they are gaining benefits that go beyond the optics.’

In the UK, it’s common for staff, when surveyed in the workplace, to perceive diversity as being a focus on ethnicity and race whereas issues of religion, education or culture are often overlooked or misunderstood. Subsequently, diversity is actually a much broader term than a few labels and includes those other – difficult to define – human qualities that are dissimilar to our own perceptions or those of our communities but are widely prevalent in other communities. It is this fundamental difference that diversity looks to both celebrate and include alongside our own perceptions.

Vijay Eswaran argues that workplace diversity leads to greater innovation. ‘The coming together of people of different ethnicities with different experiences in cities and societies is a key driver of innovation. The food that we eat every day is a result of this blending of cultures. The most successful musical genres, such as jazz, rock’n’roll or hip-hop, are the products of cultural amalgamation.’

Whilst recent equality laws have helped to challenge discrimination and prejudice we still face equality gaps in the workplace, some larger than others. In response to the increasingly diverse needs of our communities the government have delegated a duty of responsibility – known as the Public Sector Equality Duty – on councils and their partners, including publicly funded bodes, such as the education and health care sectors, to be more accountable for ensuring everyone has an equal chance in life regardless of background or start in life.

To this end, in order to meet both government legislation as well as the diverse needs of our workforce, organisations must ensure they build an inclusive culture where diversity and equality of opportunity work hand in hand. This is referred to as the business case for diversity, an organisational wide understanding of how diversity can benefit both the business aims of the organisation and the needs of the community.

Staff Equality Networks

Staff networks can be a powerful tool for empowering minority groups to have an effective voice in an organisation. In the context of diversity and inclusion, a minority group is a group of individuals who are known to have been discriminated against on the basis of a shared characteristic. It is worth noting that these groups may not be a minority in terms of numbers as in the case of women, who are a minority group, despite comprising over half of the UK population.

According to Advance H.E. (formally the Equality Challenge Unit), staff networks may not work in every workplace and/or for all minority groups, and their viability and success will depend on the culture and demand within individual organisations.
Networks need to be led by the staff groups that they represent.

However, there is a role for institutions to facilitate and support the development of networks:

Involve staff and discuss the need for staff networks. This could be linked to specific times of year to maximise impact, for example discussing the possibility of a women’s network on international women’s day. A specific event gives the opportunity to discuss whether it is viable and to look for volunteers to take the network forward.
Provide a budget. From refreshment for meetings, to organising specific events or training and development, a budget of any size helps to ensure the network is sustainable and effective.
Ensure senior management are open to dialogue. Networks can provide a useful perspective on institutional practice. Consultation should be genuine and views of the network taken seriously.
Publicise networks to all staff. A dedicated area on your website/intranet means that all staff are aware of support and opportunities. Promote the networks during staff inductions to maximise membership and ensure all staff are able to benefit.
Create a culture of acceptance for participation. It can be intimidating to join a network and there can be a perception that members of networks are ‘troublemakers’.
Ensure line managers encourage staff to attend meetings in work hours. Senior management engagement can help to legitimise the group, and positive endorsement can underline that taking part is worthwhile.

Aims and Objectives

1. Sharing experiences and providing advice and support in a confidential safe space

Often a staff network is the opportunity staff members have to discuss the challenges they have faced at work. To meet this aim, it is likely that membership will be limited to people with the particular shared characteristic. Organisations need to carefully consider how, when and where the group will meet, and how to get a balance between giving an opportunity to share personal experiences while retaining momentum and developing positive solutions.

2. Working collectively towards improving institutional policies and practices and implementing change

Networks with this aim can be useful for their members and their institution. They can raise concerns from members, act as a consultation group for policies and practice and help to generate ideas and solutions. However, to be successful and to maintain momentum, the organisation has to listen to the network and genuinely involve them in decision making and policy review.

Terms of Reference

Networks can have a variety of terms of reference, depending on their aims and context. These may also develop over time as the group evolves. The language used in describing and naming networks can also be crucial in their success and who joins.

However you approach staff networks in your organisation it is important to remember that an effective staff network is one that is run by staff for the benefit of staff.

The Public Sector Equality Duty

Equality, Diversity and Inclusion is not just about compliance with legislation, it’s about leading change, improvement initiatives, engaging, motivating and improving the potential of staff. The Public Sector Equality Duty (PSED) brings this into law for all public bodies in the United Kingdom.

According to ACAS (the Advisory, Conciliation and Arbitration Service) the Public Sector Equality Duty requires public bodies and others carrying out public functions to have due regard to the need to eliminate discrimination, to advance equality of opportunities and foster good relations. The duty applies to all nine areas of discrimination listed in the Equality Act 2010.

As such, it’s about ensuring all stakeholders are at the centre of the services offered to the public and positively impacting upon the context and culture of the organisation whilst supporting public sector staff to design and deliver great service.

The role of the Public Sector Equality Duty is to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010. To advance equality of opportunity between people who share a protected characteristic and people who do not share it foster good relations between people who share a protected characteristic and those who do not.

It is a requirement in law that public bodies such as the NHS, local government, police, fire brigades, schools, colleges, universities and others carrying out public functions follow the Public Sector Equality Duty. The full list of employers required to follow the PSED can be found in Schedule 19 of the Equality Act 2010.

The duty applies to individual employees, workers, contractors and customer and all nine areas of discrimination listed in the Equality Act 2010 – referred to as protected characteristics – meaning that employers need to consider:

age
disability
gender reassignment
pregnancy and maternity
race
religion or belief
sex
sexual orientation
marriage and civil partnership

Note: For marriage and civil partnership, the Public Sector Equality Duty only requires employers to have due regard to the need to eliminate unlawful discrimination.

This ensures that public bodies consider the needs of all individuals in their day to day work – in shaping policy, in delivering services, and in relation to their own employees.
JD

Discrimination casts a shadow over football

The English Football League kicked of last week but the opening weekend was marred with a number of incidents of racist abuse. Like any other employer in the UK, a professional football club has a duty under the Equality Act 2010 to protect its staff from racial abuse. The Equality Act makes no distinction as to the type of workplace, a football player is a member of staff and the football pitch is a workplace.

On Saturday 3^rd August, Southend United’s Jamaican striker Theo Robinson claims he was abused “in front of family, friends and their kids” at St Andrew’s, the first match Coventry have played in their ground-sharing arrangement with Birmingham City. Similarly, Stoke City’s James McClean, Barnsley’s Bambo Diaby and the sister of Fulham’s Cyrus Christie were also victims of what’s been described as “unacceptable discriminatory abuse”.

Anti-racism charity Kick It Out said “On the first weekend of the season, these incidents should be a reminder for everyone in football that racism and discrimination cannot be ignored. Clubs and the football authorities must be relentless in calling out this disgraceful behaviour, and be prepared to issue strong sanctions and education sessions to any supporter involved. Discrimination casts a shadow over football in this country, and we will not stop highlighting the problem while it remains rife in the game.”

Whilst in this case the racial abuse is coming from a minority of fans in reality a football fan is a customer of the club and a consumer of the clubs product or service. As such, this is no different from hospital staff receiving racial abuse from a patient or service user. In such cases, NHS Trusts work to support staff and reduce racial abuse happening and football clubs must do the same. However, we hear much more outrage from the public and political leaders when NHS staff are racially abused. Why then are footballers, as well as other sports men and woman, seen as fair game to abuse at work?

Certainly, the money involved in football infuriates many fans, especially when they are being charged £40 a ticket and another £50 for a replica club shirt. They see the elite football players earning the big bucks and see themselves as effectively their employers. Oddly, if they were the employers then by law they should treat their staff better. That said, we know that when a football team is doing well the fans sign their praises from the stands but when things are not going well a minority of fans abuse the players, regardless of ethnic origin. This abuse from the stands has almost become a ‘norm’ but race is a protected characteristic under the Equality Act and harassment on the basis of it is illegal, just as would the abuse of a disabled member of staff, or an LGBT+ member of staff. In fact, I am sure the ongoing situation with racial abuse of players is contributing to the lack of any visible LGBT+ professional football players. Unfortunately, LGBT+ players are not confident enough in being accepted by all fans that they have to hide that aspect of their lives away and as such lead an unauthentic version of themselves, in itself this can lead to anxiety, depression and other mental health issues.

So what are clubs to do? In reality, expulsion from the ground and permanent exclusion from all football grounds is a strong deterrent. Clubs must demonstrate their commitment to stamping out racial abuse but those fans that do not racially abuse players must also be given the confidence to challenge the abusers and show them that this behaviour is not okay.

Either way, the Equality Act 2010 protects all staff from abuse in the workplace and unless clubs do more to protect their players from racial abuse they could be in breach of the Equality Act and subject to legal action.

Positive Action for Under Representation

Positive action is very often a misunderstood or misrepresented term. Unfortunately, some still talk of it as a deliberate act by Human Resources to recruit more ethnic minority staff into an organisation. Its misunderstandings such as this that show positive action must not be confused with positive discrimination, which is illegal.

Positive action is where you identify that your workforce is under represented in a specific area and do something about it. For example, as we have seen in recent years, many UK Company boards are under represented by women and companies have taken positive action to address this. Positive action in this case could be to promote board vacancies specifically to woman in the organisation, or to have a leadership programme for board members of the future that actively encourages participation by woman. However, you will notice that the example above does not dictate that UK Companies hire only woman and discriminate against male applicants to solve the issue – which would be illegal – it simply asks that we make the effort to involve woman, promote our board vacancies to woman and encourage them to apply. Though, it’s worth noting, despite much work to improve the representation of women on the boards of UK Company’s it has done little to increase representation of women of colour in these roles. As such, further work is still needed in this area for boards and governing bodies to be truly representative of the community we serve.

As such, positive action can be defined as the voluntary actions an employer takes to address an imbalance of opportunity or disadvantage that an individual with a protected characteristic could face in the workforce. Positive action can be used wherever your workforce is under represented or is not reflective of the community it serves including (but not limited to) age, disability, ethnic minority, LBGT+ or gender.

A good example of where positive action can look to redress an imbalance is in construction industry where there are only 3 female apprentices for every 98 male apprentices. As such, positive action here might be to better promote the construction industry to girls in schools and other educational settings, or to show progressive imagery on construction industry posters and advertisements which show woman in construction roles.

I often hear senior leaders actively supporting the business case for diversity in the workplace but I don’t always see an effective strategy of positive action to meet the business case. Diversity is the celebration of the differences between us and valuing the how those differences make our workforce stronger. Diverse experiences can lead to diverse solutions in the workplace. If you hire the same type of people all the time you will get the same outcome all of the time. As such, ensuring your business has diversity in its workforce can ensure that you have diverse solutions amongst your staff.

The first challenge then is to know where your workforce lacks diversity. The only way to do that is to examine the make-up of your own staff and ask yourself the following question: does your workforce represent the community it serves? But this is a big picture situation. We need to examine the context of the community you serve. For example, if you generally serve a region of the UK then you need to look at the make-up of that region. If the latest Government Census indicates that the population of that region predominately – say 95% – identify as being ethnically white British then how does your workforce compare? Again, you can look at gender and establish what percentage of the community is female and what percentage are male and compare that to the make-up of your own workforce. The same applies to those members of the community who identify as disabled or LGBT+. Only when you know the make-up of the local community can you identify what aspects of diversity you actually need to improve.

Subsequently, only when armed with this knowledge can you then look to positive action to help recruitment build you a more diverse workforce.