Equal opportunities & diversity news and update

Learning4business produces this completely free monthly update on equal opportunity and diversity news for distribution to selected clients. The update is not intended to be comprehensive, as that would clearly involve a very long and unwieldy communication. Instead, it aims to identify the most relevant items, providing you with the option to investigate further if needed.

We hope you find the news and update both interesting and effective in helping you to keep abreast of what is happening in the world of equal opportunity and diversity.

General News

Public Sector Leads the Way in Diversity

Cabinet secretary Sir Gus O'Donnell has challenged private sector employers to learn from their public sector counterparts when it comes to promoting diversity. Unveiling a 10-point plan to improve diversity in government departments, Sir Gus said that the number of women in senior positions in the Civil Service showed just how far ahead of the private sector it is, with women now holding one in four of the top management posts in the Civil Service.

In contrast, figures from business consultancy Deloitte's ‘2005 Board Structure and Remuneration’ report show that only 3% of executive directors and 9% of non-executive directors in the FTSE 350 are women. In 2005, the number of female non-executive directors rose by just 1%.

Diversity Encouraged in Legal profession

The Department for Constitutional Affairs has announced plans to encourage diversity in the legal professions with a recently published report, ‘Diversity in the Legal Services’.

The report aims to encourage leading firms, chambers and those who employ lawyers to:

• Monitor diversity and to publish the details
• Publish their policies on diversity and equality
• Look for recruits from a wider range of universities

It also calls for a working group to be set up between the department and the legal profession to explore diversity issues.

Race Update

Racism Policies Fail in Addressing Prejudice

According to a new book, ‘Tackling the roots of racism’, written for the Joseph Rowntree Foundation decades of anti-racism laws have failed to tackle the root causes of racial prejudice. The authors, from Middlesex University, reviewed British research into the impact of race laws and equality measures, particularly those aimed at tackling discrimination at work and building bridges between different groups. They found that while policies had arguably made a difference to the employment of minorities, they had not necessarily dealt with ingrained prejudices.

The authors warned that methods used to monitor performance or progress of employees could have the "unintended consequence" of compounding prejudice by focusing solely on the performance of black or Asian workers.

Mayor Launches Drive for Diversity in London Cabbies

The Mayor of London, Ken Livingstone, has launched a series of road-shows to encourage people from ethnic communities to consider becoming licensed taxi drivers. Only one in 20 existing taxi drivers is from black, Asian and ethnic minorities, compared to nearly a third of London's population whilst only 1% of current drivers are Asian and 2.4% are black.

Mayor Ken Livingstone said:"More people from black, Asian and ethnic minority backgrounds are applying to become cab drivers, but at the current rate it will be 30 years before the trade is representative of London's communities. Taxi drivers are great ambassadors for London and I want the trade to reflect the diversity of the capital. This campaign is designed to encourage people from non-traditional backgrounds to consider becoming a cab driver by informing people about the benefits of the trade and how to become qualified."

Mayor Criticises Loss of CRE

Ken Livingstone has criticised plans to replace the Commission for Racial Equality with the new Commission for Equality and Human Rights (CEHR) to take responsibility for gender, race and disability discrimination. The Mayor fears losing the Commission for Racial Equality (CRE) could mean less money for race issues. He also points out that disabled people have successfully lobbied for a disabled commissioner and a disability committee at the CEHR, and believes this should be extended to others represented by the commission.

Racial Equality Code Updated

The Commission for Racial Equality (CRE) has published its Code of Practice on Racial Equality in Employment.

The code, designed to be a toolkit to eliminate racism at work, follows a three month consultation with a wide spectrum of employers across Britain. The code of practice is a statutory document that will be admissible in evidence in employment tribunal findings and will come into force on 6 April 2006, until which time the current code will still apply.

Key changes include:

• The new code reflects current legislation and the modern world of work
• Provision of real-life employment tribunal case law examples
• Detailed guidance on topics such as ethnic monitoring, anti-harassment and racial
  equality policies
• Specific recommendations for trade unions and other membership organisations
• Recommendations for employment/recruitment agencies
• The rights and responsibilities of workers

Religion Update

Alcoholic Incentive Leads to Discrimination Claim

In the first case of its kind under the new anti-discrimination laws Imran Khan, a Muslim sales executive, is suing his employer for religious discrimination.

Khan claims Direct Line insurance offered alcohol as a sales incentive, with no alternative, for selling pet and household insurance policies. He claims that offering alcohol, which Muslims are forbidden to drink, put him at a disadvantage in respect of his colleagues. Khan told a tribunal hearing that he had expressed his concerns in several grievance meetings at the Bristol firm between August and October last year, although he did not request alternative bonuses, but began legal proceedings.

The tribunal panel reserved judgement on the case for two weeks.

Age Update

Concerns over Service - Related Benefits exemption

Employers' groups have warned that the new age discrimination laws, due to come into effect in October 2006, will mean that long service staff could lose their entitlement to extra paid holidays.Although the proposed legislation will not make extra holiday rewards illegal, it is feared companies will stop offering them because of the threat of legal action from younger staff denied the same breaks. As a result The Chartered Institute of Personnel and Development, CBI and Chartered Management Institute has called for service-related benefits to be excluded.

CBI Director of HR Policy Susan Anderson said:

"We are hopeful that if we make enough fuss, we can get the rules changed before they come in. If they are not changed, we will definitely advise our members to change their reward policies or they will be too open to legal action.”

A spokesman for the DTI said:

"We recognise that service-related benefits are widely welcomed across industry. We are looking at ways to preserve these benefits."

Law Society Says Changes Needed to Age Discrimination Law

The Law Society has claimed that the Government's new age discrimination laws will not work and will create difficulties for employers unless last-minute changes are made. Under the new regulation employers will have a duty to consider requests from individuals to continue working beyond 65. However, each request must be considered individually, and currently the legislation does not provide any criteria against which to assess the request.

Kevin Martin, President of the Law Society said:

"As the regulations stand at present, we fear that clear criteria may be impossible to devise and many employers will be tempted to adopt a policy of refusing all requests to work beyond a compulsory retirement age.“

The Law Society's employment law committee said it would be very difficult for employers to navigate the complicated provisions on justification; the grounds on which employers will be able to treat people differently because of their age. The committee said there needed to be more guidance and practical examples for employers to follow.

Gender & Orientation Update

EOC Criticise Continuing Gender Pay Gap

The Office for National Statistics has published the 2005 Annual Survey of Hours and Earnings, the contents of which has provoked a row between the government and the Equal Opportunities Commission.

The survey shows that gross annual earnings for full-time men were £25,100 (up 3.6% from £24,200 in 2004), and £19,400 for women (up 4.8% from £18,600). This means the gender pay gap narrowed by just 0.6% from 17.8% in 2004, to 17.2% in 2005. The gap for part-time women remains at just under 40%.

Minister for Women Tessa Jowell portrayed the fall as "excellent news", saying:

"It is excellent news that the gender pay gap is now at its lowest level since the introduction of the Equal Pay Act 30 years ago.”

However, the Acting Chair of the EOC, Jenny Watson, said the figures were "grim", adding:
"Thirty years on, the Equal Pay Act has reached the limits of its usefulness. Unless radical action is taken, another generation of women can expect to suffer the injustice of unequal pay."

Anti-Gay Discrimination to be Part of Equality Bill

Trade and Industry Secretary Alan Johnson has announced that hotels, pubs and restaurants will be banned from discriminating against gay and bisexual people. Amendments to the government's Equality Bill will enable regulations to be made to prohibit discrimination on grounds of sexual orientation in the provision of goods, facilities and services.

Alan Johnson said:

"This government has made significant strides towards equality for lesbian, gay and bisexual people. We have equalised the age of consent, we have outlawed discrimination at work, and we are introducing civil partnerships. But lesbian, gay and bisexual people can still face unacceptable discrimination in their everyday lives - for example, being turned away from hotels, or getting a raw deal from medical or other service providers. That's simply not fair, and we're committed to putting it right."

The Equality Bill, which had its third reading in the House of Lords yesterday, would also:

• Establish the new single Commission for Equality and Human Rights and define its
  purpose and functions

• Make it unlawful to discriminate on the grounds of religion or belief in the provision of goods
  and services

• Create a duty on public authorities to promote equality of opportunity between men and
  women (the gender duty) and to prohibit sex discrimination in the exercise of public functions.

Nurses to Claim Sex Discrimination

According to a report in the Nursing Times several thousand nurses have submitted claims for sex discrimination against the government.

This follows the introduction of the Agenda for Change pay system, which was designed to ensure pay equality. However, its implementation means that many female nurses believe they have proof of sex discrimination in the matter of pay.

Male Nurse Claims Sex Discrimination

Former male nurse Andrew Moyhing has accused two NHS trusts, Homerton University Hospitals NHS Trust, and Barts and the London NHS Trust, of sex discrimination for refusing to allow him to carry out routine procedures on female patients. He claims that his training was not complete because he was only allowed to conduct many procedures on male patients while female colleagues were taught how to treat both sexes. Moyhing, who now works in financial services, is backed by the Equal Opportunities Commission, which has compared the case to the battle to allow men to become midwives.

Airline Guilty of Sex Discrimination against Transsexual

A transsexual airline worker who was forced from her job by managers who were unhappy with her appearance has won her claim of sexual discrimination. Marlene Davidson who was formerly called Malcolm, worked for airline Flybe and claimed that, after beginning a sex-change procedure she was mocked, bullied and told to use disabled lavatories. She was also overlooked for promotion five times and resigned in 2003, complaining that she had been forced out by discrimination.She won her case and has been awarded an undisclosed amount of damages.

Maternity & Paternity Update

Fathers Being Refused Paternity Leave

According to the Citizens Advice Bureau (CAB), many new fathers are being refused their right to two weeks' paid leave simply because they have not given their employers the right amount of notice. It said many men did not realise they had to give their firms 15 weeks’ notice - the same amount of time as women planning maternity leave. Since paternity leave became statutory in 2003, the CAB said it has seen a steady stream of inquiries from men who were denied the extra time off. The CAB urged the government to give fathers better-paid and longer periods of paternity leave - and more choice over when they could take time off.

Small Businesses Avoid the Risk of Pregnancy

Research by the Recruitment Employment Confederation (REC) suggests that around 25% of companies would prefer to break the law than risk hiring a pregnant woman or a woman that is likely to get pregnant. 75% of the 100 recruitment agencies that were questioned said companies had explicitly told them to avoid employing pregnant women or women of a child-bearing age.

Tom Hadley, director of external affairs at the REC said that this negative attitude was more prevalent in small businesses which would not necessarily have the resources to provide maternity cover.

"Rightly or wrongly, they'd rather not take the risk and will hire a bloke in his 20s," he added.

Disability Update

Positive Response of Employers to Disability

A survey by IRS Employment Review of 64 large public and private sector employers has revealed that they are continuing to respond positively to disability legislation.The survey shows that 95% of organisations surveyed now have a formal policy on disability, typically as part of a wider equality or diversity policy. Its also showed that employers are increasingly allowing absence for rehabilitation and treatment, acquiring or modifying equipment, altering individual working hours, assigning a person to other work and providing flexible working arrangements.In more 80% of the organisations surveyed the change was thought to be at least partly attributed to an increase in the number of people defined as having a disability. And around 60% mentioned that, in part, it was due to a rise in the reporting of disabilities.

Other key findings include:

• Most employers regard promoting equal opportunities and diversity as more influential on their
  policies than legislation on disability at work

• Three-quarters of the employers surveyed want to improve customer service through a greater
  understanding of disabled people as customers and colleagues

• More than two-thirds mentioned social responsibility but just one organisation cited trade
  union pressure

• Almost two-thirds of employers had provided staff training or guidance on disability

• More than half the surveyed organisations had used the government's Access to Work
  scheme, which helps to meet the cost of aids and equipment, adaptation to premises and
  personal assistance

• Most organisations (80%) had carried out an audit or survey of workplace accessibility
  and almost half of employment practice.

Flexible Working

Flexible Working Still Coming up Short

A study by the TUC shows that half a million workers had their requests for a shorter working week turned down by their managers, whilst of 100,000 workers questioned, 75% had no element of flexibility in their contracts. The study also showed that:

• Almost 10% of people want to work fewer hours, even if it means earning less

• Employees in the public sector are more likely to have a better work/life balance than those
  in private firms

• An extra 150,000 people are working flexi-time since the right to request to work flexibly
  was introduced 18 months ago

TUC General Secretary Brendan Barber said:

"Whatever the reason, employers should not see flexible working as a burden, but as a positive move that makes sound business sense. The right to request to work flexibly has unfortunately had little impact on the UK's long hours culture. Though a few forward-thinking employers can see the benefit of a more intelligent organisation of workload and working hours, many bosses are not imaginative enough to meet flexible requests from employees with anything other than a firm 'No'."

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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