RACE EQUALITY GUIDANCE FORFURTHER EDUCATION COLLEGES

The Race Equality Duty: what it means for furthereducation colleges

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Purpose This is one in a series of booklets which provideguidance for further education colleges in managingtheir approach to race equality. This guidance willhelp providers to meet the requirements of currentrace equality legislation and offer advice on how toensure that race equality features appropriatelywithin the new single equality context.

Providers can also use this guidance to ensure thatrace equality issues are addressed as part of their

general approach to single equality. More specificguidance for third sector, work based learning andadult and community learning providers will beproduced at a later date.

The guidance in these booklets has a primary focuson race equality and workforce issues. However,the guidance may also be useful when consideringapproaches to equality matters in general and maybe applied to learner issues.

Summary Points to remember when working to meet the requirements ofthe Race Equality Duty:

• Make sure that race equality is everyone’s business, and not asidelined issue.

• Clear identification and allocation of roles and responsibilitiesfor individuals are important to help move activities forward. Itis also important that equality and diversity groups are not onlyrepresentative, but also benefit from a clearly-defined remit,with roles allocated as part of this remit.

• Effective mainstreaming approaches (e.g. training, analysis of data,consultation) can help enhance race equality and other equalitiesareas. However, care should be taken to ensure that mainstreaminginitiatives do not lead to a diluted approach to equalities.

• It is important to look at race equalities issues in themselves,but also as part of a single equality context as this can help todrill down and understand issues in more detail, e.g. throughmonitoring exercises and equalities impact assessments.

• The Duty applies to different providers in different ways. Evenif the Duty does not have direct legal application, it is worthlooking at the benefits of having a clear standard on raceequality, proportionate monitoring and review mechanismsand communications activity.

Timeframe At the time of writing, collegesare subject to the Race RelationsAct 1976 (as amended) and assuch this is the main legislativefocus of the booklets.

The guidance also takes atransitional approach so thatproviders can use it to prepare forthe likely changes towards singleequality legislation, which is likelyto be implemented in 2010-2011.

Who are the booklets for?These documents contain usefulinformation for governing bodies andcorporations, senior management,provider staff, trade union membersand officers, marketing andcommunications professionals,human resources professionals andequality and diversity practitioners.

This series of booklets include:The Race Equality Duty: what itmeans for further education colleges

Race Equality Policies

Race Equality and Equality Impact Assessments

Publishing Race Equality Information

Introduction to the resource

The Race Equality Duty guidance booklet is divided into thefollowing sections: Section One: •The Race Equality Duty and what it means for

further education colleges.Section Two: •Characteristics of a well-performing college

(abridged and adapted from the Commission for Black Staff in Further Education Good Practice Guides).

What is the Race Equality Duty? The Race Equality Duty represents the first pieceof proactive equalities legislation in Britain. TheDuty comes from the Race Relations Act 1976 (as amended by the Race Relations (Amendment)Act 2000) and places a requirement on publicauthorities, including education providers, to have due regard to three strands:

1. Elimination of unlawful racial discrimination

2. Promotion of equality of opportunity

3. Promotion of good relations between people ofdifferent racial groups

The Duty takes nothing away from the 1976 Act,but provides additional legislation that requirespublic bodies to not only address unlawfuldiscrimination where it occurs, but also to beproactive in preventing it from occurring in thefirst place. The Duty is proactive in helping publicbodies and authorities to guard against institutionalracism in their policies and practices.

Section One:The Race Equality Duty and what it means for further education colleges

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What is institutional racism? This term was brought into public focus afterthe Macpherson report into the racist murderof Stephen Lawrence.1 The term is used todescribe the way in which an organisation’sprocesses, attitudes and behaviour candiscriminate against and disadvantage peopledue to their race, culture or ethnic origin byway of unwitting prejudice, ignorance,thoughtlessness and racist stereotyping.

The term institutional discrimination covers all themajor equalities areas of race, disability, gender,sexual orientation, religion or belief and age.

1Lord Macpherson of Cluny, 1999. The Stephen Lawrence Inquiry, Report into and Inquiry [online]. Available from:http://www.archive.official-documents.co.uk/document/cm42/4262/4262.htm

4 2Adapted from ‘The duty to promote race equality: a guide for further and higher education institutions’, Commission for Racial Equality, 2002. Available from: http://83.137.212.42/sitearchive/cre/downloads/duty_fehe.pdf

Obligatory Providers should make sure that race equality is a central part of their organisation. Providersshould also ensure that race equality is consideredin all relevant monitoring, reviewing, andevaluation systems.

Proportionate The priority of a function in relation to raceequality has to be proportionate to its relevanceto promoting race equality. In practice thismeans that higher priority is given to functionsthat have the greatest potential to impact ethnicgroups. Given the ability of further education toinfluence attitudes, views and prepare peoplefor higher education or the world of work, thisprinciple is important even for colleges with alow local black and minority ethnic populationand can guard against racist incidents.

Relevant Providers should consider how their functionshave implications for race equality. This isparticularly important when considering thetransient cycle of staff and learners in theprovider environment.

Complementary The Race Equality Duty contains threecomplementary strands:

• eliminating unlawful racial discrimination

• promoting equal opportunities

• promoting good relations between peoplefrom different racial groups.

Whilst they are distinct parts of the Duty, theycan also overlap and enhance each other ifimplemented effectively.

The four principles of the Race Equality DutyThe Commission for Racial Equality (now the Equality and Human Rights Commission) outline thefollowing four principles within the Duty2:

Providers should make surethat race equality is a centralpart of their organisation.

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Race Equality Duty

Producing and following a race equalitypolicy and action plan

Publishing the policy, results of monitoringand impact assessment

Analysing and acting upon

monitoring data

Conducting impactassessments

(reviewing policies etc)

The specific duties There are specific duties designed to help public bodies and authorities in meeting the requirements of the Duty. These are:

1. Produce a race equality policy

2. Analyse and act upon monitoring data

3. Conduct impact assessments (reviews)

4. Publish all this information as appropriate.

These areas will be looked at in more detail in subsequent documents, but for the time being it is useful to look at how they relate to the Duty, as shown in the following flow chart:

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These specific duties can be approached as a series of steps for colleges to take in order to meet theDuty. The specific duties are not an end in themselves, but rather a common sense way of workingtowards achieving the Duty and to help identify how change can be implemented.

Examples of working towards the Duty include:

• using monitoring data to identify and address gaps in representation, including:

• consideration of what the data indicates

• how to address particular issues through target-setting, positive action and/or impact assessment.

• undertaking impact assessments to ensure that policies do not discriminate and help promote equality.

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Outcome-focused The Duty is focused on outcomes rather thanprocess. In other words, the goals and milestonesthat providers can work towards rather than howto achieve them. The importance of this focus hasbeen emphasised by the Equality and Human RightsCommission, and is also aligned to the forthcomingchanges to the Ofsted inspection framework. It istherefore important that providers consider howtheir working practices are helping to promote race equality.

In order for colleges to adopt an outcome-focusedapproach, it is important to answer the followingquestions:

• What are the issues and how is the collegegoing to address them?

• How will the college know when aims havebeen achieved?

It is important that colleges consider these twoquestions when working towards the Duty, as theywill help ensure that any activities are gearedtowards positive change.

College responsibilities in relation to the DutyColleges are subject to the general and specificduties. The ultimate legal responsibility forcompliance with the Duty rests with a college’sgoverning body or equivalent.

If a college cannot show that it is meeting the Dutyit can be challenged by way of judicial review, eitherby the Equality and Human Rights Commission (theCommission) or individuals with an interest in thematter. The Commission also has powers to start aformal investigation into a college’s actions inrelation to the Duty. If discrimination is found withina provider organisation, the Commission can serve anon-discrimination notice. Similarly, non-compliancewith the specific duties can result in enforcementaction by the Commission.

In addition to the above responsibilities under theDuty, colleges should also consider issues ofvicarious liability and burden of proof in relation torace equality, and look at ways in which meeting theDuty will help guard against these legal challenges.

Equality Bill update: Under the forthcoming Equality Bill,employment tribunals and courts will be ableto recommend changes to an organisation’spolicies and practices. Such recommendationswill go beyond the individual case itself, andwill aim to ensure that any discriminatorypractice within an organisation is eradicated.The Bill will also allow for group actionsbrought by trade unions and otherrepresentative bodies.

It is important thatproviders consider howtheir working practices are helping to promote race equality.

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What does the Duty mean for other providers?Work based learning and third sector providers arecurrently subject to the Duty when they have afunding arrangement with a public authority or bodythat is directly subject to the Duty. The criteria thatthese providers are expected to meet will bedetermined by the funding body and articulated inthe contractual relationship. For example, thefunding body might want to include a contractualagreement that the provider will monitor whichethnic groups are accessing particular courses orachieving particular grades. As a result of thisarrangement, the funding body could be subject tocompliance action or legal challenge if the providerdoes not meet the criteria that has been agreed.

Whilst these booklets have primarily been written forcolleges, they also contain good practice that can beused by other further education providers. Specificguidance tailored for these providers will be producedin the future.

Why is the Race Equality Duty relevant tofurther education colleges?All providers should consider how proactive raceequality and general equalities measures canenhance the overall organisational efficiency. A proactive approach, as opposed to a basic andreactive anti-discrimination model, can assistproviders in realising the potential of staff andlearners for the benefit of the organisation. This is explained under the Learning and SkillsImprovement Service’s Diversity Competencies2

as a transition from equality to diversity, which inturn can lead to corporate benefits. Diversity isembedded within corporate goals and expressedin a proactive manner, leading to sustainableequality and diversity excellence and a diverse,inclusive workforce.

These findings reinforce research undertaken by theNetwork for Black Professionals, which looked atthe attrition rate of black and minority ethnicmanagers in colleges3. A series of interviews withblack and minority ethnic managers who hadrecently left the college sector found that, whilstmost participants had enjoyed being employedwithin the sector, a number of negative experienceswere also highlighted. These included the following:

• a strong level of horizontal and verticalsegregation

• a feeling of constantly having to ‘prove’themselves, and that their contributions wereunder close scrutiny

• being passed over for promotion• being thought of as suitable for operational

rather than strategic-level tasks.

2http://www.centreforexcellence.org.uk/UsersDoc/EqualityDiversityCompetencies_May08.pdf.3Source: Attrition rate of Black and Minority Ethnic Managers in the Further Education Colleges Sector of England, Networkfor Black Professionals – http://www.nbm.org.uk/files/file_manager/21/Factsheet4.pdf

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The ‘succession planningchallenge’ Recent research by the Learningand Skills Improvement Service(LSIS) emphasised the growing‘succession challenge’ affectingthe sector, within which theissues arising from an ageingfurther education workforcewere not being addressedthrough the enhancement ofopportunities for black andminority ethnic staff. Whenusing the benchmark providedin the report of the Commissionfor Black Staff in FurtherEducation, the research foundthat little had changed since theCommission reported in 2002.http://www.centreforexcellence.org.uk/UsersDoc/FERacialEqualityFullReport.pdf

Community cohesion There is a natural link betweenthe third strand of the Duty(the need to promote goodrelations between people ofdifferent racial groups) andcommunity cohesion. Forexample, promoting greaterunderstanding betweendifferent cultures in acommunity setting. Providersshould consider how anyactivities in the area ofcommunity cohesion can alsoenhance efforts under the thirdstrand of the Duty.

National reputation Presenting positive activitiesand progress in equalitymatters within communicationactivities can help enhance acollege’s reputation, presentingit as an employer able to meetthe needs of an increasinglydiverse learner profile.

Sustainable procurement Ensuring that the college’ssupply chain promotesequality and is able to addressthe underrepresentation ofblack and minority ethnicorganisations, will have manybenefits for colleges and thewider community. As theforthcoming Equality Bill willinclude changes toprocurement requirements itis worth considering how thecurrent Duty can help.

The local authoritydimension The forthcoming shift infunding from the Learning andSkills Council (LSC) to localauthorities could potentiallyreinforce the need for collegesto follow robust and outcome-focused equalities strategies

Staff development strategies All providers who receive LSCfunding for learning provisionare subject to the reformsregarding the training,qualifications and developmentof teachers, tutors, trainersand instructors. As part of theirstaff development strategy,providers should ensure theyare able to provide appropriatetraining and development forall current and prospectivestaff of diverse backgrounds.

Re/up-skilling the workforceand self-regulation matters Integrating the general andspecific duties within providerfunctions and practice can helpwith self-improvement and alsoallow for innovative approachesthat will benefit the workforce,employers, learners andproviders themselves.

Ofsted inspections Forthcoming changes in theinspection framework willmean that equality ofopportunity will be moreclearly linked to leadershipand management, and will bea limiting rather thancontributory grade.

The Workforce Strategy for the Further EducationSector in England 2007-2012 The Workforce Strategy clearlyprioritises the need to ‘ensurethat equality and diversity is atthe heart of strategy, policy-making, planning and training’.This priority is embedded in allof the priorities andsubsequent themes.

Further benefits of implementing the Race Equality Duty and specific duties are outlined below:

The reasons for aproactive approach

to race equality

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The link with other equalities areas – whatabout single equality?At the time of writing similar legal requirements existfor equality in disability and gender. The Equality andHuman Rights Commission stresses that the threeequality duties are similar in spirit as they all place theonus on public authorities to be proactive in tacklingdiscrimination and promoting equality4.

As the Race Equality Duty has been in place since2002, it provides a natural starting point foradopting a proactive approach to equalities. It isworth considering how this can also help promoteother equalities approaches in addition to raceequality. For example, monitoring exercises canhelp colleges to interrogate data in relation todiscrimination on the grounds of more than oneequality area, known as multiple discrimination, toascertain staff and learners’ experiences in relationto race, gender, disability, etc. This will help toequip colleges in meeting the requirements offorthcoming changes in equalities legislation,where the main equality areas of race, gender,gender identity, disability, religion and belief, sexualorientation and age, will come under one generaland proactive equality duty.

The recommended approach for colleges is to lookat race equality and other equality areas within thegeneral framework of a single equality approach.For example, a college’s single equality scheme cancover different equality areas, but can alsoacknowledge and show how it will deal with issuesin particular equalities areas. A similar approach canbe used in relation to equality impact assessments.This is very different to a ‘one size fits all’methodology, but rather helps ensure an informedand combined outcome-focused approach in themain areas of implementation. By taking thisapproach colleges can better understand equalitiesintersections and undertake a more synchronisedapproach to implementation.

What do colleges need to do?As outlined above, the Race Equality Duty acts as an objective that can help enhance colleges’ effortsin a range of different areas both internally andexternally, from meeting the diverse requirements of learners and staff to working towards communitycohesion. For this to have an impact it is importantthat providers use a staggered approach to raceequality implementation.

There are three main areas to consider which canbe thought of as the PIP mnemonic – Plan,Implement, Progress.

This guidance concentrates on general areas underthe ‘plan’ heading, which should be seen as basicelements for colleges to consider when meetingthe Duty. Subsequent guidance will also cover theimplement and progress headings.

PlanFormulating a practical and robust policy for raceand other equality areas is an essential function forany effective organisation, particularly in meetingits vision and mission and in delivering diverserequirements.

...a college’s single equality scheme can coverdifferent equality areas, but can also acknowledgeand show how it will deal with issues in particularequalities areas.

4Equality and Human Rights Commissionhttp://edit.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/pages/whatdopublicauthoritieshavetodo.aspx

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Infrastructure

LeadershipMaking a visible commitment to the equalities agenda is integral to making progress with the equalities policyor scheme. This can be implemented in terms of representation and action, for example, a member ofsenior management makes a public statement about their commitment to equality issues and ensuring thatthere are adequate resources for supporting activities.

Section Two:What are the characteristics of a well-performingcollege in terms of race equality?

Framework for promoting race equality in colleges (abridged and adapted from the Commission for Black Staff in Further Education GoodPractice Guides, 2002)

The Commission for Black Staff in Further Education outlined a framework of characteristics thatcolleges should use when promoting race equality for staff. This framework has been updated toinclude more recent developments, such as the single equality scheme, and is provided over thefollowing pages. Colleges should compare the characteristics against their own performance on raceequality. Subsequent guidance will assume that these characteristics have been considered as part of the college’s implementation approaches.

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Equality and diversity group A representative equality and diversity group is an essential part of the planning, implementation and progressapproach to equalities. Whilst some colleges may not feel able to form and maintain such a group, they shouldlook at ways of coordinating similar equality and diversity work that will achieve similar aims. If an equality anddiversity group is established, then some thought should be given to the following considerations:

Size: the size of the college will determine the size of the equality and diversity group. For example, a smaller organisation will be likely to have a proportionately smaller group.

Representation: depending on the size and nature of the provider the group should includerepresentation from the human resources and learner services departments, teaching, trade unions andstudents’ unions, senior management and communications.

Role: the group should be involved in articulating the vision for equality and diversity within the organisationand make recommendations for activity to the governing body or equivalent. It should help to co-ordinateactivity such as impact assessment or monitoring activities and help with promoting equalities work. Finalapproval and sign-off will be agreed with the governing body or equivalent. For this reason, the group shouldhave a clear reporting line to senior levels within the college.

The remainder of this and subsequent guidance will refer to equality and diversity groups.

Knowledge base

Contextualising race equality In order for race equality work to feature as an integral part of a college’s activities it is important toconsider current race issues in the local environment. This may include the learner profile, localcommunities served by the college or the local historical and demographic context. The college shouldalso consider how race equality is linked to its mission and strategy and how the organisational culturecan enhance or detract from race equality work.

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Single equality context The single equality context can help to develop a better understanding of the issues affecting staff inrelation to more than one equality area.

Whilst the single equality context does bring some benefits, care needs to be taken to avoid adopting a ‘onesize fits all’ approach. The most value will be gained by developing an enhanced level of understandingbetween and within each equality area. In order to implement a single equality approach effectively, collegesshould ensure the following:

• Processes such as monitoring and impact assessment focus on single equality. • The results of these assessments are analysed in relation to the specific equality area in the first instance,

for example, as a matter of race equality.• The college is able to look at and address any issues related to instances where different equality strands

intersect, for example, an issue related to a female member of staff who is disabled. Action-planning

Establishing outcomes Setting outcomes is an effective way for colleges to focus their priorities in relation to race equality. It isimportant that the links between activities and outcomes are included in documents such as action plans,and that these are linked to related matters such as the college’s reputation and staff development.

Processes

PolicyThe college should ensure that the race equality policy, single equality scheme and action plan areunderstood, owned and implemented by all staff and learners.

MainstreamingMainstreaming of equalities is about integrating an equality perspective into everyday functions andpractice. This is an effective way of ensuring that equalities are embedded into the organisation and canhelp colleges to address other areas, such as self-regulation requirements.

To achieve successful mainstreaming, colleges should implement tools and techniques in the followingthree areas:• Analytical tools and techniques

Used to generate data and information to inform policy decisions, and also for evaluation (forexample monitoring and impact assessments).

• Educational tools and techniques Used for raising awareness and transferring knowledge, and also for reflective training interventionsand internal guidance materials.

• Tools and techniques to facilitate consultation and participation Encourages input from staff and learners who will be affected by the policies, to help inform and shapethe policy and its implementation (for example, consulting with an equality and diversity group)

Ethnic monitoringMonitoring data can provide a useful evidence base to identify any gaps in representation or equitable treatment.

Target setting Following analysis of the monitoring data, setting targets can help providers to focus any future action onaddressing any of the findings, such as gaps in representation or instances of inequality.

Positive actionPositive action is a legal mechanism that can help colleges to meet any equality targets.

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By consulting with and involving those people whoare likely to be affected by its policies and practices,the college can help to increase understanding andbuy-in for their activities.

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Marketing and communications The college should ensure that it actively presents a positive attitude towards race equality and raisesawareness of their equality policy and scheme. This will help staff and learners to understand the importanceof race equality within the college community and enhance the college’s reputation.

Consultation and involvement By consulting with and involving those people who are likely to be affected by its policies and practices,the college can help to increase understanding and buy-in for their activities. Consultation is also animportant part of the impact assessment process.

Impact assessment The most effective way for colleges to guard against institutional racism is to take a systematic approach toreviewing policies. This will ensure that they are proactive in promoting equality and do not discriminate.

Key areas

Dealing with discrimination Colleges should have clear processes in place to deal with breaches of their race equality policy or singleequality scheme, whether made by staff, learners, contractors or visitors.

CASE STUDY:Subject: Working with theCommunity Advisory GroupOrganisation: West Thames CollegeLink: http://www.lluk.org/race-equality.htm

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Recruitment and progression The college’s policy for race equality should provide a clear statement of its commitment to promoting a diverse and inclusive culture. This in turn can help to attract job applicants from a more diverse talentpool. Reflective training in relation to race equality issues can assist in staff retention by helping to ensurethat everyone within the college community is aware of their rights and responsibilities, and feelsempowered and supported by this. Furthermore, continuing professional development training is also an important consideration for the career progression of staff.

ProcurementUnder current vicarious liability provisions, colleges are legally liable for any acts carried out by acontractor on its behalf. In order to protect their organisation from being liable for acts of discriminationcarried out by a contractor, colleges should implement sustainable procurement processes that addressequality matters.

Reviewing work to date and establishing priorities for the future

Reviewing progressProgress is reviewed and future priorities established. Reports are submitted to a senior level by theequality and diversity group.

CASE STUDY:Subject: Embedding Race Equality Principles into Recruitment LiteratureOrganisation: West Thames CollegeLink: http://www.lluk.org/race-equality.htm

CASE STUDY:Subject: Multi-level Equality and Diversity TrainingOrganisation: Royal Forest of Dean CollegeLink: http://www.lluk.org/race-equality.htm

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This information is available in alternative formats from Lifelong Learning UK www.lluk.org

The Duty to promote race equality will be a keyfeature of the forthcoming Equality Bill. With this inmind, colleges are advised to continue and enhancetheir existing efforts on race equality issues in theworkforce and to integrate this into a single equalitycontext over a period of time. To implement this, itis important that the characteristics in the precedingframework are considered. The following actionpoints are suggested.

Governing bodies and corporations:• are fully aware of their legal responsibilities

under the Race Equality Duty

• show visible commitment to promoting raceequality (for example, by helping to shape thestrategic direction of race equality work orallocating appropriate resources for raceequality work)

• include the commitment to race equality withinthe college brand and messaging

• review and take forward action in response tomonitoring and impact assessment exercisesfrom the college’s equality and diversity group.

Senior management teams: • adopt an outcome-based approach to

promoting race equality

• ensure the allocation of adequate resources for work on race equality

• make it clear that discrimination will not betolerated at the college

• promote and support the work of the college’sequality and diversity group

• embed race equality in important everydayactivities, such as procurement.

Equality and diversity group:• provides a co-ordinating function for promoting

race equality and other equality strands at thecollege

• identifies key internal and external messages

• reports the results of monitoring and impactassessment exercises to senior managementand the governing body or equivalent.

Human resources professionals:• ensure that processes such as recruitment and

selection, career development, complaints andgrievances are reviewed with equality impactassessments and consider race equality issues

• help the rollout of an effective model of stafftraining on race equality and other equalityareas to raise awareness of employee rights and responsibilities

• undertake consultation and engagement with staffto help conduct equalities impact assessments.

Staff:• are aware of how race equality relates to the

college environment and their particular role andare able to promote race equality themselves

• contribute to areas of implementation such asmonitoring and impact assessment exercises.

Conclusion