Transcript Equality and Diversity - My Surgery Website

Equality and Diversity
Nicole Defraize
Human Resources Manager
Equality and Diversity
• Not another HR initiative
• A diverse workforce is a dynamic
workforce
• Self interest
• Doing things as they have always been
done can disadvantage those who are
different
• Shortage of staff
Equality and diversity
• Equality is another ongoing process. It
means creating and maintaining policies,
procedures and processes that ensure
everyone is treated equally on their merits
and abilities and given a fair chance to
fulfil their potential
• Diversity is about culture and the
environment people work in
Equality and Diversity
• We welcome the fact that you are
different
vs
If you do not change and become one of us,
then you will not fit in
Employment Legislation
• Race Relations Act 1976
Amended to add Religion December 2003
• Sex Discrimination Act 1975 and 1986
Amended to add Sexual Orientation December 2003
• Equal Pay Act 1970
• Equal Pay (amendment) Regulations 1983
• Disability Discrimination Act 1996
Equality and diversity
• Right not to be discriminated on grounds
of:
• D…Y
• A..E
• G…..R
• S..L O…N
• M…L S….S
. R..E
. C…R
. R…N
. E..C O…N
. N….L O..N
Trust Equal Opportunities Policy
Right not be discriminated on the grounds
of:
– Age
– Gender
– Sexual Orientation
– Marital Status
– Race
– Colour
- Disability
- National Origin
- Ethnic Origin
- Religion
Equality and Diversity
• Age discrimination: In December 2006,
the European Union employment directive
article B will become law making age
discrimination at work illegal
• Although not possible to claim
discrimination on grounds of age, it is
possible to have cases of indirect
discrimination
Sex Discrimination acts 1975
(amendment) regulations 2003
• States it is unlawful to discriminate in
Employment
Training education
Provision of goodwill/facilities/services
• Gives right of direct access to Employment tribunals
• Applies to discrimination on grounds of sex of marriage
and to women of men.
• Allow for positive action
• Equal opportunities Commission
Race Relations act 1976 (amended)
2003
• States it is unlawful to discriminate on the grounds of race in
employment
training
education
provision of goodwill/facilities/services
disposal and management of premises
• Applies to discrimination on grounds of colour, race, nationality,
citizenship, ethnic origin, national origin, religion or belief
• Gives right of direct access to Employment Tribunals and Civil Courts
• Allows positive action
• Set up Commission for Racial Equality
Equal Pay Act 1970 and
Amendments 1983
Equal pay for women and men
• Equal pay for work of equal value
• Applies to women, men, part-time,
temporary, self-employed workers
• Takes into account;
overtime/bonus/piecework/general
conditions of service such as holidays, etc
• Gives right of access to Employment
Tribunal
Equality and Diversity
Direct and Indirect Discrimination are
both unlawful:
Section 1.(1) of the Sex Discrimination Act
and Race Relations Act
Direct Discrimination
This arises where a person treats another
person less favourably on the grounds of their
race or sex and disability than s/he would treat
someone else. An example of this is refusing to
employ someone because they are a woman or
because they are Christian or because they are
homosexual. It is not necessary to show
intention, discriminatory motives can be
inferred
Indirect Discrimination
This occurs when a condition or requirement has the
effect of unfairly and unjustifiably excluding members of
a particular group. The proportion of people in that
group who can comply with the condition/requirement
must be small compared to the proportion of the
‘majority’ group who can comply. Examples include:
requiring all employees to be over 6ft tall would exclude
many women; nor allowing women to wear trousers as
this would affect Muslim women.
Positive Action
The SDA and RRA both allow for the use of
‘positive action’ in specific circumstances
but do not permit the use of ‘positive
discrimination’ other than for GOQs. The
‘positive action’ measures allowed are:
training and encouragement to apply for
jobs.
Genuine Occupational Qualifications
(GOQ)
Sex Discrimination Act
Anything relating to physiology (not strength or stamina) or
authenticity
Reasons of decency or privacy
Employment in a private home involving one specific sex
Where live-in accommodation provides sleeping and sanitary facilities
for one sex only
In single-sex establishments such as hospitals, prisons, children’s and
old people’s homes
Jobs involving personal services, including welfare and education, best
provided by one sex. Work abroad in a country whose laws or
customs prevent a woman from being employed.
Where the job is one of two held by a married couple
Genuine Occupational Qualification
(GOQ)
Race Relations Act
For dramatic performances, or models for an artist
or a photographer for reasons of authenticity
Jobs in restaurants for reasons of authenticity
Jobs involving personal welfare services, including
education, best provided by one racial group
Disability Discrimination
Definition of Disability:
A person who has a ‘physical’ or ‘mental’
impairment that has a ‘substantial’ and
‘long-term’ adverse effect on his or her
ability to carry out ‘normal day-to-day
activities’.
Disability Discrimination
Categories protected:
• Job applicants
• Employees
• Self-employed
• Contract and Agency workers
Equality and Diversity
Reasonable adjustments:
•
•
•
•
•
•
To the physical environment
To the working hours
To the type of work and the processes involved
Move to another position no less favourable but can be
more favourable
Accept may have higher sickness absence rate than
other staff
If a need to re-deploy do not need to secure suitable
alternative post by competitive interview even if a higher
grade