Equal opportunities & diversity
news and update
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We hope you find the news and update
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and diversity.
General Update
Accountants Claim Diversity Initiatives Lack Commitment
A survey by recruitment consultancy Hewitson Walker suggests that many UK accountants believe that companies are merely paying lip-service to diversity and that equality initiatives are just a "glorified PR stunt".
Of the 170 accountants questioned:
• 35% by thought that diversity schemes really made a difference to their employers
• 54% said employers set up diversity initiatives to generate good PR
• 73% also said employers set up diversity initiatives because they feared prosecution under discrimination laws
• 29% believed that companies had a genuine commitment to creating a diverse workforce at all levels
Inequality Damages Economy
The failure to tackle persistent inequality in UK workplaces could seriously damage the economy and cost society billions each year in lost income. This is the conclusion of an interim report of the Equalities Review, a body established by the prime minister's office and the Commission for Racial Equality to investigate the causes of persistent discrimination and inequality in British society.
The report found that women with children were "the least able to get a job". Other groups who were singled out as particularly disadvantaged were disabled and older people. The Equalities Review estimates that giving more opportunities to the disadvantaged and reducing inequality by a third would add £43bn to the UK's output – around £1,700 per household.
The Chairman of the Equalities Review, head of the Commission for Racial Equality, Trevor Phillips, said the UK was moving in the right direction, but inequality still persisted.
The final report, to be published in the autumn, will make public policy recommendations to deal with the causes and effects of inequality.
New Deal Bidders Need to Demonstrate Diversity
Companies hoping to benefit when the Government offers contracts to run its flagship New Deal programme will have to prove their commitment to workplace diversity.
The New Deal, which is run through Jobcentre Plus, offers unemployed people a personal adviser and schemes to help them get back into work. The contracts to deliver the New Deal are up for renewal in July, when companies can pitch to offer training in language and basic skills as well as work placement schemes.
Employment Minister, Margaret Hodge, warned potential bidders that:
"Contracts will be awarded to those that monitor who they employ and offer appropriate opportunities to people from black and minority ethnic communities.”
Race Update
Avon and Somerset Police Pays Compensation to White Applicant
Avon and Somerset Police have paid an undisclosed out-of-court settlement in compensation to a job applicant rejected by because he was white. The man was one of 186 white applicants rejected because the workforce was "over-represented by white men".
Avon and Somerset's Chief Constable Colin Port has admitted, following an investigation by The Commission for Racial Equality, that a recruitment drive that turned down applicants solely due to their race was "not appropriate". After taking independent advice, Mr. Port said that all applicants who had been excluded have been given the option to reapply.
The force has confirmed that the settlement was made after the applicant, Ralph Welsman from Bristol, took the police to employment tribunal. It could mean further compensation payments if the other 185 applicants decide to follow suit.
Age Update
Age Discrimination Regulations Published
The Department of Trade and Industry has published the long-awaited final measures to outlaw age discrimination in the workplace. The regulations will provide important new rights and responsibilities for every employee and business in the UK.
The regulations will:
• Ban age discrimination in terms of recruitment, promotion and training
• Ban unjustified retirement ages of below 65
• Remove the current age limit for unfair dismissal and redundancy rights
They will also introduce:
• A right for employees to request working beyond retirement age and a duty on employers to consider that request
• A new requirement for employers to give at least six months' notice to employees about their intended retirement date so that individuals can plan better for retirement, and be confident that 'retirement' is not being used as cover for unfair dismissal
The regulations include transitional provisions to ensure that employers can manage the process of retirement effectively in the first six months after the regulations coming into force on 1 October.
Employers Fear Major Impact of Age Legislation
UK employers fear that new age discrimination laws will have a greater impact on their business than any other form of anti-discrimination legislation.With less than seven months to go until the new laws come into force, an Employers Forum on Age (EFA) poll of 100 major UK employers found that the majority think age legislation will have a bigger impact than gender, race, disability, sexual orientation and religious discrimination laws.The poll was conducted to coincide with the publication of the final age regulations, which have been heralded as the biggest development in UK employment law in a generation.Sam Mercer, EFA director, said:
"Overall, the regulations are what we expected and pretty sensible. But the devil is in the detail.There is no excuse now for employers not to start planning for October."
The poll also revealed that 40% of employers believe the majority of tribunal cases will contain some element of age discrimination after 1 October. This view is borne out by the fact that the introduction of age discrimination legislation in the US resulted in a 40% increase in tribunal claims. In Ireland, age is now the basis of 19% of tribunals. Employers Warned Not to Delay on Age
The Chartered Institute of Personnel and Development (CIPD) is urging employers to study the new age regulations and take immediate action to avoid facing employment tribunals and hefty fines. The Institute says that employers who either delay or avoid taking action will be vulnerable to tribunal claims when the law comes into force.
Dianah Worman, CIPD diversity adviser, said:
"The complexity of the regulations leaves employers little time to get ready, so taking action now is imperative. Although research suggests that many employers have already taken steps to get to grips with tackling age discrimination, making preparations for the new legislation presents extensive challenges to workplace policies and practices."The CIPD is also critical of the government's decision not to abolish the default retirement age of 65, leaving workers over that age unprotected by the new regulations: "Having a default retirement age of 65 makes no sense given that it will be reviewed in five years time and may be raised to 70 to reflect individual choice, the reality of population changes, skills shortages and economic activity rates" said Worman. "Employers will then be faced with further reviews to process and procedures to allow people and business more flexibility to extend employment opportunities. This could turn into a bureaucratic nightmare rather than a means to foster gradual cultural change with regards to working life."
CIPD Age Discrimination Workshops
The Chartered Institute of Personnel and Development (CIPD) is launching a programme of nationwide workshops that are aimed at helping employers get to grips with the new age discrimination regulations.Employers run the risk of entering a legal minefield when the new legislation comes into force in October 2006. This is borne out by the fact that 59% of individuals feel that their age has counted against them in the workplace. To help employers prepare for the new regulations the CIPD has launched, Law on Tour, a nationwide tour of practical employment law workshops. The workshops will enable employers to quickly understand the issues, suggest practical ways to ensure employer compliance and prepare them to manage the changes. The Law on Tour workshops will take place at the following locations:
Birmingham 11 May 2006
Bristol 12 May 2006
Edinburgh 9 May 2006
Leeds 25 April 2006
London 26 April 2006, 19 May 2006
Manchester 10 May 2006
Newcastle 16 May 2006
Nottingham 26 April 2006
Reading 17 May 2006
Southampton 18 May 2006
Stansted 27 April 2006
London Employers has Poor Record on Age Diversity
Employers in London have been urged to address age diversity after a survey revealed that the capital is the worst place in England for jobseekers over 50 years of age.The report by the London Assembly's Economic Development, Culture, Sport and Tourism Committee said inner London had the highest rate of unemployment among people over 50 in the whole of the country - twice the national average. While employment levels among the over-50s have increased over the last decade, the report voices real concerns remain about access to the labour market for this age group.The London Development Agency (LDA) - the capital's agency for business and jobs - estimates that there are about 107,000 over-50s not in employment but wanting work. However, the charity Age Concern said the figure was probably nearer 250,000.The committee said that while it welcomed age discrimination law later this year, more must be done to support older Londoners. It expressed concern that adult education policies were overly focused on young people.Age Discrimination Illegal Ahead of October 2006
Employment law experts have warned that a recent ruling in the European Court of Justice means that age discrimination in the UK is already illegal ahead of the October implementation date.The ruling arose as a result of the case of a 54-year-old German man employed on a fixed term contract in a permanent full-time job. According to German law, fixed term contracts are unlawful unless they can be objectively justified. However, if the employee is over 52, that requirement does not apply. The European Court of Justice decided this contravenes the EU Equal Treatment Directive, even though it does not have to be implemented until the end of 2006. It said that, in general terms, legislation that lets employers treat people differently because of their age “offends the principle” in international law of eliminating discrimination on the basis of age. The European Court of Justice ruled that national courts must set aside any provision of national law which conflicts with the directive even before the period for implementation has expired. Age 'Havoc' Predicted
Employment tribunal applications in 2005 have only risen by 2.3% from 97,896 in 2004, according to figures independently compiled by law firm Peninsula. However, legal experts expect a massive rise in the number of claims this year as forthcoming age discrimination legislation will "cause havoc".
Mike Huss, Senior Employment Law Specialist at Peninsula, said:
"The regulations are going to cause havoc. There are no helpful pointers for employers about what makes their reasons for turning someone down [for working beyond 65] acceptable like there are with flexible working. We will have to wait for case law to evolve. Employers are essentially going to fund their own case law."
Gender & Orientation Update
Back-to-Work Women Face Jobs Penalty
An interim report from the government-commissioned Equalities Review reveals that mothers face greater discrimination in finding a job than disabled people, Asian women or the elderly.
The report claims that women returning to work after starting a family face the highest 'personal employment penalty' of any group in society. Figures suggest that they are about 40% less likely than the average white, able-bodied man to be offered a job. In contrast, Pakistani and Bangladeshi women face 'a penalty' of 29%, whilst for the disabled the figure is 16%.
Women with children under 11 and a partner are 37% more likely to be unemployed, while the figure for lone mothers in the same situation is 41%, according to an analysis of labour market trends by Professor Richard Berthoud, a research fellow at the Institute for Economic and Social Research at Essex University.
The Equalities Review, commissioned last year by Tony Blair and led by Commission for Racial Equality chairman Trevor Phillips, is probing why serious inequality and poverty persist, despite decades of anti-discrimination policy and law. It is due to publish its conclusions and recommendations in the summer.
Disability Update
Disability Advisory Group Set Up
The government has set up a disability advisory group to represent the rights of disabled people in discussions about policies and public services.
A group of 12 will advise on the issues facing disabled people and help to establish a national forum for disability over the next six months. The group will be chaired by Bruce Calderwood, Director of the Office for Disability Issues and Alun Davies, Adult Care Planning Manager at North Somerset District Council. Calderwood said the priority was to ensure the panel gave a voice to disabled people, who may not otherwise be heard.
The forum was recommended by the prime minister's January 2005 strategy unit report, ’Improving the Life Chances of Disabled People’, which set out the government's vision for disabled people.
Asda Worker Wins £7,000 Compensation
Supermarket chain Asda has been forced to pay more than £7,000 in compensation for unfair dismissal to a worker sacked for leaving the shop floor to take an epilepsy pill.
The worker, Paul Turner, told an employment tribunal he was away for just seven minutes to take his medication because he was feeling unwell. However, managers at the Asda warehouse in Trafford Park, Greater Manchester, accused him of taking a break to watch last year's European Cup Final.
The claim was made under the Disability Discrimination Act (DDA), backed by the GMB union.
Union spokeswoman Giovanna Holt said:
"Asda was well aware of Paul's condition but took no steps to appraise themselves of the effects of his illness."
A spokesman for Asda said the company was looking closely at the case to see what they could learn from it but said Asda prides itself on its "great people credentials".
Asda was recently forced to pay £27,750 in compensation to 37 Asian workers in Leicestershire for racial discrimination after GMB called on the retailer to apologise to staff.
Financial Sector Seeks Disabled Graduates
Ten leading investment banks have joined forces to encourage students and graduates with disabilities to forge a career in the financial sector.
More than 70 students and graduates with disabilities from across the country attended a ‘Future Options’ event in March, which was the result of a ground-breaking partnership between industry leaders and a national charity. The initiative, in London’s Square Mile and Canary Wharf, offered a unique insight into a career in investment banking, encouraging students and graduates with disabilities to consider working in this sector.
Future Options is run by national charity Employment Opportunities in partnership with ten leading investment banks, all members of the Interbank Graduate Recruiters’ Diversity Forum.
Maternity and Paternity
DTI Seeks Consultation on Paternity Rights
The Department of Trade and Industry has published a consultation on paternity leave and pay which focuses on giving working parents the right to choose who cares for a child in their first year of life.
The consultation seeks views on how additional paternity and maternity leave, and the pay scheme, will work in practice and how it can be as straightforward as possible for employees and employers.
The consultation sets out proposals to offer fathers the opportunity to choose to take up to 26 weeks' Additional Paternity Leave to care for children under the age of one. This additional leave can only be taken if the mother has chosen to return to work, and both parents will not be entitled to take leave at the same time.
Views are being sought on:
• Eligibility criteria for leave and pay, including length of service with an employer
• The consultation provides three options including six months, one year and a minimum of 60 weeks
• The earliest point when additional paternity leave and pay could be taken. The consultation proposes 20 weeks from the date of the child's birth
• Rights to return to work and terms and conditions while on additional paternity leave. For example, whether fathers' rights should be the same as a mother’s Ordinary or Additional Maternity leave
Flexible Working
Male Requests for Flexible Working not Popular with Bosses
A TUC report ‘Out of Time’ reveals that more men are asking their employers if they can work flexibly, but they are also more likely to have their requests turned down.
The report shows that in the first two years that the right of men to request to work flexibly was in existence (for the parents of children under six), about 10% of male employees approached their bosses about changing their working hours, whilst 19% of women did the same. According to the report, over that period only 10% of women had their flexible working requests rejected compared with 14% of men.Male workers who took their employer to a tribunal were also much less likely to be successful. The report says male claimants accounted for 27% of flexible working tribunal claims, but 45% of cases were lost.
Brendan Barber, TUC general secretary, said:
"Many UK bosses are too short-sighted to grasp the fact that a flexible approach to work is not something to fear as expensive and irritating, but a change that makes sound business sense, both in terms of company profits, and staff recruitment and retention. By accepting flexible work requests from their female employees, but not from their male staff, employers are helping reinforce the gender pay gap.”
Flexible Working Works for Directors
A survey of 800 members by the Institute of Directors reveals that almost all company directors work from home on a regular basis and more than 75% have flexible working policies in their organisations. Other findings include:
• 65% said that working from home increased their productivity
• 84% said they had a dedicated office or study area at home
• 30% said their main reason for working from home was a long commute to the office, though half of those surveyed lived within 20 miles of their workplace
• 60%said the corporate culture discouraged flexible working
• 40% said they were unable to access their company's corporate network or phone directory at home
• 30% said they would like more communication with colleagues while working from home
The survey identified the issues of trust and technology as potential barriers to flexible working.
According to official government figures there are about 3.1m home-workers in the UK, which represents about 11% of the total workforce.
Note: The information contained
within this document is intended as a summary of selected
items of equal opportunity and diversity news
and information. As such, it is not offered or intended
as complete, exhaustive and accurate reporting of such
news and information. Learning4business accepts no
responsibility for the completeness of the information,
and no liability for actions resulting from it.
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