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Derby Equality & Diversity Network. Welcome to EQUALITY ACT ion 2010. Putting the EQUALITY ACT into ACT ion – what does it mean for you?. Thank you to our sponsors. Mental Health Services NHS Trust. FRIEND. derbyshire. Derby Equality & Diversity Network. EQUALITY ACT ion 2010. - PowerPoint PPT Presentation

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  • Derby Equality & Diversity NetworkWelcome toEQUALITY ACTion 2010Putting the EQUALITY ACT into ACTion what does it mean for you?

  • Thank you to our sponsorsderbyshire

    FRIENDMental Health Services NHS Trust

  • Derby Equality & Diversity Network

    EQUALITY ACTion 2010

  • EQUALITY ACTion 2010.... made simple byTina AttenboroughATTENBOROUGH LAWEmployment Law & HR Solutions

  • The Equality Act 2010From 1 October, discrimination law is set to change - radically?The Act will replace all of the UKs current discrimination and equal pay lawsFamiliar legislation will be repealedNew Act contains 218 clauses and 28 schedules!

  • Who is protected?AgeSexDisabilityGender reassignmentMarriage and civil partnershipPregnancy and maternityRace, Religion or belief (including caste discrimination)Sexual orientationDiscrimination is defined as less favourabletreatment because of certain protectedcharacteristics, namely:-

  • Unlawful ActsProhibited conduct in the workplace includes:-Direct and indirect discriminationHarassmentVictimisationDiscrimination arising from disability, including failure to make reasonable adjustments Instructing, causing or inciting others to discriminate, harass or victimise

  • Unwanted conduct related to a relevant Protected Characteristic (other than pregnancy and maternity and marriage and civil partnership), 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

    Under the new Act, employees can complain of offensive behaviour even if it is not directed at them personally The claimant need not possess the relevant Protected Characteristic themselvesHarassment

  • Extended so that employers will be liable for harassment of their employees by non-employees (eg. a customer or contractor) Liability only where harassment has previously occurred on two or more occasions where the employer was aware but failed to take reasonable steps to prevent itThird Party Harassment

  • No longer require a comparator to establish victimisationPotential drafting problems - s27Proceedings under previous legislation not a protected act!Victimisation

  • Where a disabled person is treated in a particular way (because of the disability) and that treatment cannot be justifiedLondon Borough of Lewisham v Malcolm [2008] IRLR 700 HLDisability Discrimination

  • The costs of making reasonable adjustments to allow for a persons disability is the responsibility of the employerThis explicitly includes the provision of information in an accessible format (eg. Braille)Disability Discrimination

  • If a claimant alleges they were excluded from the recruitment process as a result of their disability, it will be up to the employer to prove otherwiseBe careful when asking health or disability-related questions during the recruitment processDisability Discrimination

  • The Equality Act 2010The Act will also ...Render unenforceable any secrecy clauses preventing employees discussing their pay Force private sector employers with over 250 employees to make public any pay differentials between male and female staffAllow Employment Tribunals to make recommendations for the wider workforce as well as the individual claimant

  • Implications for the Public SectorThe Act will create a General Equality Duty requiring public authorities to have due regard to:- eliminate discrimination, harassment and victimisationadvance equality of opportunityfoster good relations between different groups

  • Other specific duties (currently under consultation by the Government Equalities Office) will also apply to:-Central Government DepartmentsLocal Government NHSSome Educational bodiesOther various non-departmental Public BodiesImplications for the Public Sector

  • Requesting equality informationChecklistsStandard contract termsA fairer futurePublic Procurement

  • Proposed DutiesBodies with more than 150 employees will have to publish:-data on equality in their workforce (by April 2011, and annually thereafter)specific and measurable objectives, setting out how they will meet the requirements of the General Equality Duty (by April 2012, and thereafter at least four-yearly)regular impact assessments

  • Your ViewsProposals still in draftConsultation period ends 10 NovemberTo download the consultation, and put forward your views, go to http://www.equalities.gov.uk/news/ specific_duties_consultation.aspx

  • A Few Recent CasesEmployer could not justify the requirement for job to be done full timeEmployers can force employees to retire at 65Dismissal to avoid pension costs was found to be age discrimination

  • Question time?

  • Derby Equality & Diversity Network

    EQUALITY ACTion 2010

    Place your chosen image here. The four corners must just cover the arrow tips. For covers, the three pictures should be the same size and in a straight line.

    Inclusion & DiversityCatherine Hamilton & Simon LangleyPast & Present UK Inclusion & Diversity Managers

  • National Grid in the UK

  • An introduction to National GridWho are we:UK / US Gas / Electricity Transmission / DistributionLargest utility in UK, second largest in US (28,000 employees circa)Our recently launched brand Power of Action is a commitment by all our employees to make a difference in our daily lives such as:I&D, energy solutions, protect environment, enhance safety, care of our communities.Who we employ:Mainly electrical and mechanical engineersClerical and admin staff (emergency call centres)All business functions (Legal, HR, Finance, Supply Chain) Schemes (Graduates / Students / Apprentices / Foundation Engineers)At March 09 - 22.6% female and 13.2% BME.

  • Our Brand The Power of Action Be inclusive and diverse

  • Our I&D journey so far ..2005 - 2006Launched our vision to create an environment for changeHosted a number of focus groups - to create a baseline positionSet up a global executive steering group and established line of business structures - to demonstrate accountability Formed employee networks - to better understand diversity issues

    2007 - 2008Developed metrics to understand under representationEstablished external relationships to benchmark and share ideasPart of Chairman's award to recognise level of Board support Transition from I&D awareness to I&D action to embed Conducted a strategic review to monitor progress and better appreciate emerging factors

  • Inclusion & Diversity Strategic ReviewThe development and launch: the I&D Business casethe Inclusion CharterAppointment of a project role to drive the initial phase forwardInclusive Leadership workshopsDevelopment of a revised set of global I&D goals Refocus of the Employee NetworksEstablish a new governance structure

  • Building trust, transparency and an inclusive and engaged workforce

    Developing our talent, leadership skills and capabilities Lead from the Top

  • I&D Business CaseDelivering engagement and productivity which set benchmarks in the industry

    Attracting and retaining the talent capable of delivering against the growth strategyBeing recognised externally as the foremost electricity and gas company

  • Inclusion Charter

  • Inclusion Charter

  • 2012 Inclusion & Diversity ObjectivesCreate a culture of an inclusive workplace for all. (Employee Survey)Achieve 25% of women and 16% of ethnic minorities employed by National Grid Improvements at all levels within the organisation where under representation exists.

  • Inclusive Leadership CourseI think its absolutely the right thing to do. Fundamentally it's just about treating each other with respect.a very thought provoking session and impacting more broadly than just the National Grid worldPerformance Management discussions were an easier discussion as I appreciated the wider issuesI have set up one of my female staff with a female mentor and this is proving a successful moveInclusivity is far more difficult to bring about than respect for diversitySimple things/actions can be damaging to the workplace

  • Training for AllFoundations of LeadershipOrientation programmeLearning BytesCoaching2 programme

  • Walk the TalkYoung Offenders Programme

    Women Empowered Chairman's Awards winnersSponsorship of Special Olympics

  • Impact at 2009/1030% of new recruits are female against 22.6% currently in post excellent performance in a science based industry2 Women now on our Executive Committee and 2 non-Executive Board members are female20% of new recruits are BAME against 13.5% in postConsiderate Treatment in the Employee Survey up 10%78% of employees say they are treated fairly, up 9% from previous year. With women at 82%.2009 Performance Management ratings showed no gender biasAverage rating of 4.6 (out of 6) from Senior Managers Inclusive Leadership Course13% of employees are members of Employee Resource Groups

  • Employee Resource GroupsIn partnership with I&D and the Business 3600

  • Benchmarking/AwardsTimes Top 50 Where Women Want to WorkWorkingfamilies.org.ukRace for OpportunityStonewall Workplace Equality IndexWomen on their WayOpportunity Now (BITC)

  • Any Comments or Questions?

  • Derby Equality & Diversity Network

    EQUALITY ACTion 2010

  • Derby Equality & Diversity NetworkEQUALITY ACTion 2010Ask The AudienceVanessa Boon, Director, Energisewww.energise.biz

  • Derby Equality & Diversity NetworkEQUALITY ACTion 2010Workshops Inclusive

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