Derby Equality & Diversity Network

Welcome to

EQUALITY ACTion 2010

Putting the EQUALITY ACT into ACTion – what does it mean for you?

Thank you to our sponsors

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Derby Equality & Diversity Network

EQUALITY ACTion 2010

EQUALITY ACTion 2010.... made simple

byTina Attenborough

ATTENBOROUGH LAWEmployment Law & HR Solutions

The Equality Act 2010

• From 1 October, discrimination law is set to change - radically?

• The Act will replace all of the UK’s current discrimination and equal pay laws

• Familiar legislation will be repealed

• New Act contains 218 clauses and 28 schedules!

Who is protected?

• Age• Sex• Disability• Gender reassignment• Marriage and civil

partnership

• Pregnancy and maternity

• Race, Religion or belief (including caste discrimination)

• Sexual orientation

Discrimination is defined as less favourabletreatment because of certain “protectedcharacteristics”, namely:-

Unlawful Acts

Prohibited conduct in the workplace includes:-

• Direct and indirect discrimination

• Harassment

• Victimisation

• Discrimination 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” themselves

Harassment

• 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 it

Third Party Harassment

• No longer require a comparator to establish victimisation

• Potential drafting problems - s27

• Proceedings 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 justified

• London Borough of Lewisham v Malcolm [2008] IRLR 700 HL

Disability Discrimination

• The costs of making reasonable adjustments to allow for a person’s disability is the responsibility of the employer

• This 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 otherwise

• Be careful when asking health or disability-related questions during the recruitment process

Disability Discrimination

The Equality Act 2010

The 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 staff

• Allow Employment Tribunals to make recommendations for the wider workforce as well as the individual claimant

Implications for the Public Sector

• The Act will create a General Equality Duty requiring public authorities to have due regard to:- – eliminate discrimination, harassment and

victimisation– advance equality of opportunity– foster good relations between different groups

• Other specific duties (currently under consultation by the Government Equalities Office) will also apply to:-– Central Government Departments– Local Government – NHS– Some Educational bodies– Other various non-departmental Public Bodies

Implications for the Public Sector

• Requesting equality information

• Checklists

• Standard contract terms

• A fairer future

Public Procurement

Proposed Duties

• Bodies 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 Views

• Proposals still in draft

• Consultation period ends 10 November

• To download the consultation, and put forward your views, go to

http://www.equalities.gov.uk/news/ specific_duties_consultation.aspx

A Few Recent Cases

• Employer could not justify the requirement for job to be done full time

• Employers can force employees to retire at 65

• Dismissal 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 & Diversity

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

National Grid in the UK

An introduction to National Grid

Who are we:

UK / US – Gas / Electricity – Transmission / Distribution

Largest 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 engineers

Clerical 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 - 2006 Launched our vision – to create an environment for change

Hosted a number of focus groups - to create a baseline position

Set up a global executive steering group and established line of business structures - to demonstrate accountability

Formed employee networks - to better understand diversity issues

2007 - 2008 Developed metrics – to understand under representation

Established external relationships – to benchmark and share ideas

Part 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 Review

The development and launch:

the I&D Business case

the Inclusion Charter

Appointment of a project role to drive the initial phase forward

Inclusive Leadership workshops

Development of a revised set of global I&D goals

Refocus of the Employee Networks

Establish 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 Case

Delivering engagement and productivity which set benchmarks in the industry

Attracting and retaining the talent capable of delivering against the growth strategy

Being recognised externally as the foremost electricity and gas company

Inclusion Charter

I expect to be • Respected and included as a valued member of the team, regardless of my background

• Able to contribute at work to the best of my ability

• Helped to grow my capabilities and fulfil my potential

• Appreciated for the work I do, whatever my role

• Able to raise concerns about issues that I feel are important and confidentthat they will be properly considered

• Treated fairly and not limited by others’ assumptions about me

• Able to strike a work-life balance that works for me and the company

• Able to observe the commitment to building a sustainable inclusive environment

Inclusion Charter

I will myself • Listen to other people and seek to understand before I judge

• Recognise the needs of others and treat them with respect and consideration

• Take action and ownership to make others feel included and valued

• Keep an open mind to different ways of thinking and doing things

• Develop my skills and knowledge to maximise my potential and thecontribution I can make

• Challenge behaviours that I feel are not in line with National Grid Values

• Treat every colleague, customer and member of the public with respect, integrity and dignity

2012 Inclusion & Diversity Objectives

Create 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 Course“I 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 world”

“Performance Management discussions were an easier discussion as I appreciated the wider issues”

“I have set up one of my female staff with a female mentor and this is proving a successful move”

“Inclu

sivity is

far m

ore

difficult

to b

ring about t

han

respect f

or divers

ity”

“Simple

things/actions can be

damaging to the

workplace”

Training for All

Foundations of Leadership

Orientation programme

Learning Bytes

Coaching2 programme

Walk the Talk

Young Offenders ProgrammeWomen Empowered – Chairman's Awards winners

Sponsorship of Special Olympics

Impact at 2009/10

30% of new recruits are female against 22.6% currently in post – excellent performance in a science based industry

2 Women now on our Executive Committee and 2 non-Executive Board members are female

20% of new recruits are BAME against 13.5% in post

Considerate 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 bias

Average rating of 4.6 (out of 6) from Senior Managers Inclusive Leadership Course

13% of employees are members of Employee Resource Groups

Employee Resource Groups

In partnership with I&D and the Business

Veterans

3600

Benchmarking/Awards

Times Top 50 Where Women Want to Work

Workingfamilies.org.uk

Race for Opportunity

Stonewall Workplace Equality Index

Women on their Way

Opportunity Now (BITC)

Any Comments or Questions?

Derby Equality & Diversity Network

EQUALITY ACTion 2010

Derby Equality & Diversity Network

EQUALITY ACTion 2010

Ask The Audience

Vanessa Boon, Director, Energise

www.energise.biz

Derby Equality & Diversity Network

EQUALITY ACTion 2010

Workshops –Inclusive Leadership - Conference room (front half)

Employment Checklist - Conference room (rear half)

The Customer Experience - Training Room 1, this floor

Purchasing Power - Training Room 2, this floor

Attracting Diverse Talent - Training Room 3, this floor

Engaging Diverse Groups - Training Room 8 – upper level

Derby Equality & Diversity Network

EQUALITY ACTion 2010

Taking Pride: what has your organisation done to promote equality that makes you feel proud?

Derby Equality & Diversity Network

EQUALITY ACTion 2010

Thank you for taking part

Please give your feedback forms to your facilitator

Thank you