lecture 5 equality and diversity the equality act 2010

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Highlighting the Equality act and what it means for counselling and managing diversity


  • 1. Lecture 5: EQUALITY & DIVERSITY Equality is not about treating all people in the same way. Its about recognising and respecting diversity enough to adapt practice and procedure to suit all. Module: Law for Counsellors Kevin Standish

2. Learning Objectives Define and describe Equality and Diversity identify ways that people are different show an awareness of personal assumptions and attitudes understand differing types of discrimination Define and describe the Equality Act 2010 3. Equality & Diversity What do you think the definition of Equality & Diversity might be? 4. Definitions Equality equal rights and treatment to all individuals Diversity difference from what is normal or expected 5. Activity Draw/describe one of the following: A Model Footballer Athlete Doctors receptionist Construction Worker Engineer Beauty Therapist 6. A Model Dawn French has her own clothing range which she models. Jean-Paul Gaultier shook the modelling world in 2006 using outsized models. 7. Footballers Womens England Football Team The F.A. supports six international disability squads for players with differing kinds of disabilities. These are: Blind, Partially Sighted, Deaf and Hearing Impaired, Cerebral Palsy, Learning Disabilities, Amputee. The teams all receive official England kit, a physio, a fully- trained technical advisor, and money towards travel costs for attending European and World Championships. 8. Athlete Tanni Grey Thomson 9 Gold Medals in the Paralympics, 30 world records 6 London Marathons Oscar Pistorius World record holder in amputee races Sumo Wrestling A competitive contact sport which originated in Japan the only country where it is practiced professionally. 9. Doctors Receptionist Frank 10. Construction Worker Samantha 11. Engineer Gemma is an Engineer working for BT Wang Shuming is a disabled engineer working for the Jinlin branch of China Netcom 12. Beauty Therapist Kurt 13. Diversity What is diversity? Diversity means valuing the differences between people and the ways in which those differences can contribute to a richer, more creative and more productive working environment 14. Diversity is about respecting individual.. Race Culture National Origin Region Gender Sexual Orientation Age Marital Status Religion Ethnicity Disability Ability Family Structure Health Values Politics ..and much more 15. Discrimination is prejudices put into action. 16. Firms free to favour female and black job applicants... Mail online, 4 December 2008 Will the Equality Act make everyone equal before the law? The Times, 15 April 2010 Equality plans class war claim... BBC News, 12 January 2009 EQUALITY ACT 2010 17. The Equality Act - Introduction Single largest piece of anti-discrimination legislation the UK has known. Harmonises multiple pieces of primary and secondary legislation. 18. 11/16/2014 18 Purpose of the Act Strengthening, harmonising and streamlining 40 years of equalities legislation: Strengthening: improving the effectiveness of equality legislation Harmonising: providing the same levels of protection from discrimination across all the protected characteristics and all sectors, where appropriate Streamlining: simplifying and consolidating approximately 116 pieces of separate equality legislation 19. The purpose of the legislation The purpose of the Bill and its accompanying package of measures is to strengthen protection, advance equality and de-clutter the law. We will... 1. Introduce a new Equality Duty on the public sector 2. End age discrimination 3. Require transparency 4. Extend the scope of positive action 5. Strengthen reinforcement 20. Protected Characteristics under the Equality Act 2010 Age Disability Gender reassignment Marriage and civil partnership Pregnancy & maternity Race Religion and/or belief Sex Sexual orientation 21. Discrimination There are different types of discrimination: Direct Discrimination Indirect Discrimination Associative Discrimination Perceptive Discrimination Harassment (Third Party) Victimisation Disability Discrimination 22. Direct Discrimination What it is... Person A directly discriminates against Person B when A treats B less favourably than A would treats or would treat others in the same circumstances 23. Example of Direct Discrimination A 70 year old lady was refused a broadband contract by Carphone Warehouse in the UK and was told that she could only register if she came to the store with a younger member of her family. The Carphone Warehouse had provided guidance to staff not to sell broadband contracts to customers aged 70+ as they believe they will not understand the terms of the contract. Source: www.equineteurope.org 24. Indirect Discrimination What it is... This happens when a requirement is applied equally to everyone but has the effect of excluding one group of people more than another 25. Example of Indirect Discrimination Your employer brings in a new shift pattern which means that everyone has to work fewer but longer days. You have a disability that means youre exhausted after two long days of working. So the new shift pattern puts you and other people who have the same disability as you at a disadvantage. Your employer will have indirectly discriminated against you if it cant justify the new shift pattern. Source: www.equalities.gov.uk 26. Associative Discrimination What it is... Less favourable treatment because of someone elses protected characteristic. 27. Example of Associative Discrimination Coleman v Attridge Law 2008 Sharon Coleman claimed managers at Attridge Law called her lazy when she requested time off to care for her disabled son. She accepted voluntary redundancy, but later brought a claim for constructive dismissal and disability discrimination. A UK employment tribunal referred the case to the European Court of Justice to clarify European law. The ECJ ruled that able-bodied people can be covered by the Disability Discrimination Act because of their association with people covered by equality law. Source: www.personneltoday.com/articles/2008 28. Perceptive Discrimination What it is... Discrimination against an individual because of a perception that he or she has a protected characteristic when he or she does not, in fact, have that protected characteristic. (other than marriage and civil partnership, and pregnancy and maternity) 29. Example of Perceptive Discrimination Example 1 An employer rejects a job application submitted by a white man whom the employer wrongly assumes to be black because he has an African name. Example 2 An employee is subjected to religious abuse on the basis that he supports a particular football team, even though he does not actually belong to the religion associated with that football team. Source: www.mcgrigors.com 30. Harassment and Third Party Harassment What it is... Unwanted conduct related to a relevant protected characteristic. In addition, employers can be legally liable for the harassing conduct of third parties. A third party would include a client, customer, supplier, visitor, contractor, service user etc. Three strikes and youre out! 31. Example of Third Party Harassment The employee or job applicant is harassed by a third party on more than two occasions (not necessarily by the same person). The employer knows that it has happened but fails to take steps that are reasonable in the circumstances to prevent such harassment happening to that person again. Source: www.equalities.gov.uk 32. Victimisation What it is... This happens when an individual is singled out because they have used the system to make a complaint or challenge treatment received. 33. Example of Victimisation If you are lesbian and your fellow colleagues started passing unwelcome comments about your sexuality and you complained to your manager, but rather than doing something about the problem you are sacked for no reason or for no good reason and you believe that it is because of the complaint you raised, you may claim compensation for being victimised for making a complaint about sexual orientation discrimination. Source: www.balindaandcoemploymentsolicitors.co.uk 34. Disability Discrimination What it is... Person A discriminates a disabled Person B if A treats B unfavourably because of something arising in consequence of Bs disability. Types of claims: Because of Detriment arising from the disability Reasonable adjustments by employer Indirect discrimination 35. Example of Disability Discrimination Amir is a 12-year-old student with autism and sensory difficulties. One day he becomes very anxious when the fire alarm goes off in school. He stands with his hands covering his ears and is unable to move. The teacher tells Amir to leave the building but the pupil is frozen to the spot. The teacher shouts at Amir and the situation escalates to a point where the pupil lashes out at the teacher. Amir is excluded from school for two days for assaulting the teacher. Source: www.westsussex.gov.uk 36. 11/16/2014 37 Where does the Act apply? Services and Public Functions Premises Work Education Associations, including Political Parties 37. Assumptions WHAT assumptions do we make about people? WHY do we come to the conclusions we do? WHEN do we tend to make these assumptions? WHERE can this cause us difficulties? HOW can we stop ourselves doing this? WHO does it and who does it affect? 38. 18. Practitioners should not allow their professional relationships with clients to be prejudiced by any personal views they may hold about lifestyle, gender, age, disability, race, sexual orientation, beliefs or culture. 53. They should not allow their professional relationships with colleagues to be prejudiced by their own personal views about a colleagues lifestyle, age, gender, disability, gender reassignment, race, sexual orientation, pregnancy and maternity, religion or belief


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