EDC 03/11-12 SINGLE EQUALITY SCHEME Human Resources October 2008, revised November 2011 SB/HR/Single Equality Scheme EDC 03/11-12 1.0 INTRODUCTION 1.1 The words “equality” and “diversity” are widely used but not as widely understood. It is worth, therefore, taking the time to explain what we mean when we use these words throughout this Scheme. “Equality” means ensuring everyone is able to participate in all our activities on an equal footing. “Diversity” acknowledges there are differences between people which should be recognised, respected and celebrated. 1.2 The University of Warwick is proud of its diverse community of staff, students and visitors, and is committed to maintaining its excellent record in teaching and research by ensuring there is equality of opportunity for all, fostered in an environment of mutual respect and dignity. 1.3 The promotion of Equality and Diversity concerns all of us and is the responsibility of all members of the University’s community. As members of this community, it is expected that we will contribute to ensuring that the University of Warwick continues to be a safe, welcoming and productive environment. 2.0 BACKGROUND TO SCHEME 2.1 The Scheme was originally developed to articulate the University’s strategy and vision and to respond to legislation. 2.2 Continuous development of the Scheme affords further momentum to the equality and diversity agenda by reporting on actions to date, and identifying an overarching action plan which addresses all equality strands. 2.3 The University has already made significant progress in driving forward the equality agenda through the existing single equality scheme and it is anticipated this further revision will build on these achievements with the subsequently up-dated Equality Objectives (Appendix A) identifying what further actions the University will need to take to progress equality across a much wider range of characteristics. 2.4 The University continues to consult and involve, staff, students and community groups on the contents of this Scheme and the Equality Objectives. 2.5 The revised Scheme’s development has been informed by a number of factors which are discussed in the following sections. 3.0 LEGISLATION 3.1 THE EQUALITY ACT 2010 Underpinning the Scheme is The Equality Act 2010 which came into force on 1 October 2010 and the public sector Equality Duty from 5 April 2011. The Equality Act consolidates and brings together previous anti-discrimination law into one piece of legislation. The Equality Act establishes 9 ‘protected characteristics’, on the grounds of which it is unlawful to discriminate against a person. These are: Age (all ages and age groups) Disability (physical and mental impairments) Gender reassignment (people who are proposing to undergo, are undergoing or have undergone gender reassignment) Marriage and civil partnership Single Equality Scheme 2 EDC 03/11-12 Pregnancy and maternity Race (including ethnic or national origin, colour and nationality) Religion or belief (including religion or a lack or religion, a religious or philosophical belief or a lack of belief) Sex (women and men) Sexual orientation (gay, lesbian, bisexual and heterosexual orientation) As a public body, the University has additional duties to promote equality – The Equality Duty. The Equality Duty requires the University to have ‘due regard’ to the need to: a) Eliminate unlawful discrimination, harassment and victimisation on the grounds of a protected characteristic; b) Advance equality of opportunity between people who share a protected characteristic and those who do not; and c) Foster good relations between people who share a protected characteristic and people who do not.1 This requires the University to consciously consider and embed the three duties into its activities. 3.2 ELIMINATE UNLAWFUL DISCRIMINATION 3.3 DISCRIMINATION Direct Discrimination Direct discrimination occurs when you treat someone less favourably than you treat another person because of a protected characteristic, for example, refusing to employ an individual because of their race or sexual orientation. The law also protects people from being discriminated against: By someone who wrongly perceives them to have one of the protected characteristics: o Discrimination based on perception. Direct discrimination can occur when you treat a staff member less favourably because you mistakenly think that they have a protected characteristic (other than marriage and civil partnership and pregnancy and maternity). Because they are associated with someone who has a protected characteristic: o Discrimination based on association. Direct discrimination might occur when you treat a member of staff, student or visitor less favourably because of their association with another person who has a protected characteristic (other than marriage and civil partnership and pregnancy and maternity). For example this might occur when you treat a student less favourably because their sibling, parent, carer or 1. The Equality Duty does not apply in relation to the protected characteristic of marriage and civil partnership, although it remains unlawful to discriminate against a person on these grounds. Single Equality Scheme 3 EDC 03/11-12 friend has a protected characteristic, such as disability. This would therefore include the parent of a disabled child or adult or someone else who is caring for a disabled person. Discrimination because of pregnancy and maternity. It is discrimination to treat a woman (including a female student of any age) unfavourably because, of a pregnancy of hers, at any point during her pregnancy or within 26 weeks of her having given birth. This includes unfavourable treatment because of breastfeeding during this period. It may not be direct discrimination against a male student to offer a female student more favourable treatment as a result of her pregnancy. If in doubt, please refer to your HR Adviser. Indirect Discrimination Indirect discrimination is also covered by the Equality Act. Indirect discrimination would occur if the University were to apply a provision, criteria or practice to all staff or students which had the effect of putting a person with a protected characteristic at a disadvantage. For example, if the University were to refuse all requests for flexible working, this may have the effect of putting women at a disadvantage because women often take on greater child care responsibilities. A provision, criteria or practice will not be unlawful where it is a proportionate means of achieving a legitimate aim. 3.4 VICTIMISATION AND HARASSMENT Victimisation occurs when an individual is treated detrimentally because they have made a complaint or intend to make a complaint about discrimination or harassment or have given evidence or intend to give evidence relating to a complaint about discrimination or harassment. Staff must not penalise any individuals who make a complaint of discrimination. This applies to all staff and students, including those who are the subject of a complaint, mentioned as a witness, asked to give relevant evidence, or are supportive of the alleged discrimination. Harassment occurs where a person engages in unwanted conduct in relation to one of the protected characteristics (other than marriage and civil partnership and pregnancy and maternity) which has the purpose or effect of violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. This includes conduct of a sexual nature. Examples of harassment include name-calling and making innuendos. Treating a person less favourably because they have either rejected or submitted to harassment related to sex or gender reassignment will also be harassment. Staff must not engage in any conduct which could potentially offend another member of staff or a student or make that person feel intimidated, humiliated or degraded. 3.5 ADVANCE EQUALITY OF OPPORTUNITY Having due regard of the need to advance equality of opportunity means actively considering how we can: Single Equality Scheme 4 EDC 03/11-12 Remove or minimise disadvantages faced by staff and students due to a protected characteristic; Take steps to meet the needs of staff and students with each protected characteristic including where those needs are different from the needs of staff and students who do not share the relevant protected characteristic; and Encourage people with each protected characteristic to participate in the public life of the University and in other activities where their participation is low. 3.6 FOSTER GOOD RELATIONS Having due regard of the need to foster good relations means identifying opportunities in our activities to tackle prejudice and promote understanding between people who share a protected characteristic and those who do not. The Equality Duty can mean treating some people differently to others in order to meet their needs or address under-representation, provided this does not amount to discrimination against others. The Equality Duty also explicitly recognises that disabled people’s needs may be different from others, and that public bodies have a duty to consider and take reasonable action to accommodate the needs of disabled people, even if this means treating disabled people differently or more favourably. The above requirements apply to the University when exercising its functions generally and hence will apply in the context of other users of the University’s services. 3.7 THE PUBLIC SECTOR EQUALITY DUTY: SPECIFIC DUTIES The specific duties regulations are intended to support HEIs to meet the requirements of the public sector equality duty. The specific duties regulations require HEIs to publish: One or more quality objectives by 6 April 2012, and thereafter updated at least every four years. Equality objectives must be specific and measurable and relate to the achievement of the equality duty. Information to demonstrate their compliance with the equality duty by 31 January 2012 and thereafter, at least annually. The information that HEs are required to publish must relate to employees and others affected by their policies and practices such as students and other service users who share a relevant protected characteristic. The information must be published in a manner that is accessible to the public and can be published within another published document. 4.0 THE UNIVERSITY’S VALUES AND STRATEGY 4.1 The Single Equality Scheme has also been developed within the context of the University’s strategic framework, which re-establishes the University’s vision, values, ambitions and its strategic objectives to 2015. 4.2 These core values are laid out in its Strategy document (revised March 2011): Single Equality Scheme 5 EDC 03/11-12 4.3 Excellence – excellence in research and teaching and learning is paramount. Everything else must be subsidiary to this value. Accessibility – Warwick was the first research-led University in the UK to give priority to widening participation and life-long learning and believes that accessibility remains critical to its developing mission. Ambition and drive – Warwick’s future success is totally dependent on the ambition and drive of its staff and students. Entrepreneurial flair – an entrepreneurial attitude is an integral part of the University’s make-up. Cosmopolitanism – the University is an international and cosmopolitan body, which is committed to solving major global problems. Service – service to the people within the surrounding area, and more widely within the UK, and internationally, is an important element of Warwick’s makeup. Community – there is a tight-knit Warwick community which staff and students can expect to be lively and welcoming but also challenging. All members of our community will be treated with dignity and respect; the health, well-being and safety of our staff and students are paramount. Independence – the University is an independent entity which remains autonomous in its governance and subscribes to the principles of unfettered rational inquiry. The University Strategy identifies the main ambitions as: markedly increasing Warwick’s international reputation by carrying out only the very best research and teaching. continuing to attract only the highest quality staff and students positioning Warwick as a pioneer in knowledge transfer, able to attract support for the University’s policies and activities by building positive and mutually advantageous relationships with external stakeholders, including business and industry, national and local government, alumni and donors generating a substantial increase in income, sufficient to realise our ambitions making the Warwick campus into a representation of the strength of our ambitions and the quality of our imagination, distinguished by environmental quality, the highest standards of design, and a supportive, cosmopolitan collegial atmosphere. 4.4 These ambitions can only be achieved through people, that is the staff and students who make up our community. These are the people who will reflect the culture, values and ambitions that the University will aim to achieve towards 2015. This Scheme will show how equality and diversity will be promoted in every area of the University’s life, such that all staff and students are fully able to realise their potential and contribute to the achievement of our ambitions. 4.5 The University’s community is already diverse – it is made up of circa 22,650 students. There are approximately 12,830 undergraduate students, and 9,830 postgraduate students. Warwick attracts one of the largest international student groups (over 6,088) in the UK from a diverse number of countries. There are approximately 5,000 staff, including 980 academic staff and nearly 700 researchers. 4.6 In addition, the University is situated in a diverse community within Coventry. Single Equality Scheme 6 EDC 03/11-12 Quick facts about Coventry2 include: Coventry’s population is around 315,000, and is expected to increase by a further 16,000 by 2020 The city has a younger population than average, with one in ten people in the city being aged between 20-24 years old 74.1% of the population are white; 25.9% are from black, Asian, mixed white and Chinese and other ethnic groups the ethnic diversity of the city is expected to increase the majority of residence are Christian, but there are sizeable Sikh, Muslim and Hindu populations there are more than 100 languages spoken in Coventry 1 in 12 households includes someone with a physical disability and 1 in 44 includes someone with a learning disability there is almost an equal balance of males and females Coventry has around 5,000 asylum seekers and refugees Estimates put the city’s Gay, Lesbian and Bisexual population at about 5%. 5.0 VISION FOR EQUALITY AND DIVERSITY AT THE UNIVERSITY 5.1 As noted in the Introduction at 1.0 above, the University is proud of its diverse community. The University’s written Commitment to Equality and Diversity, distributed to all staff and students, states: “The University of Warwick, recognising the value of sustaining and advancing a safe and welcoming learning environment, strives to treat both employees and students with respect and dignity, treat them fairly with regards to all assessments, choices and procedures, and to give them encouragement to reach their full potential. Therefore the University strives to treat all its members, and visitors, fairly and aims to eliminate unjustifiable discrimination on the grounds of gender, race, nationality, ethnic or national origin, political beliefs, religious beliefs or practices, disability, marital status, family circumstances, sexual orientation, spent criminal convictions, age or any other inappropriate ground.” 5.2 This Scheme is designed to further articulate the University’s commitment to equality and diversity in a coherent and structured manner, accompanied as it is by a set of objectives and priorities detailed in the Equality Objectives (see Appendix A). 6.0 ONGOING CONSULTATION, INVOLVEMENT, TRAINING 6.1 The University will seek to continue consulting and involving staff, students and any other interested parties on this Scheme, and the associated Equality Objectives and any other equality and diversity initiatives as appropriate. In addition it will continue general awareness training on equality and diversity; specific training initiatives will be included in the Equality Objectives. 6.2 The University has a number of methods for consulting with, and involving, staff: 2 Equality and Diversity Committee (EDC), which reports to Senate and Council taken from State of the City Statistics 2010 – published by the Coventry Partnership (November 2010) Single Equality Scheme 7 EDC 03/11-12 6.3 The University also has a number of methods for consulting with, and involving students, including: 6.4 Equality and Diversity departmental representatives Equality and Diversity Network (EDN) – a meeting for E&D reps but also open to all staff Disability Interest Group Senior Women’s Network Dignity Contacts group LGBT interest group BME interest group E&D website Staff surveys Insite CommUnicate Trade Unions student liaison representatives in departments Boards of UG and PG study student surveys sabbatical officers at the Students Union membership of committees membership of E&D interest groups The University is an active member of a number of groups which offer assistance with E&D issues: Business in the Community – a national organisation committed to corporate social responsibility Employers Network on Disability – national campaign providing training, advice and auditing for organisations employing disabled staff Higher Education Equal Opportunities Network (HEEON) – a group which shares good practice across the Higher Education sector. ACAS Diversity Group In addition it draws on support from the Equality Challenge Unit – this body brings together equal opportunities initiatives and good practice from across the Higher Education sector. 7.0 LEADERSHIP, MANAGEMENT AND RESPONSIBILITIES 7.1 The Council and Vice Chancellor have overall responsibility for Equality and Diversity within the University. The Equality and Diversity Committee will formulate policy and report progress on this Scheme and associated Equality Objectives to the Senate and Council. Membership of the Equality and Diversity Committee is approved by the Senate and the Council to ensure representation across staff and students. 7.2 Line managers, supervisors and Heads of Department are responsible for monitoring that their staff comply with the Scheme, for carrying out actions arising from the associated Equality Objectives and for promoting equality and diversity to their staff and students. Single Equality Scheme 8 EDC 03/11-12 7.3 All members of the University community are expected to comply with this Scheme, and with the Equality Objectives and with any of the University’s equality and diversity initiatives. 8.0 EQUALITY IMPACT ASSESSMENTS (Equality Analysis) 8.1 An Equality Impact Assessment (EIA) is a detailed and systematic analysis of the potential or actual effects of a policy, practice, provision or criterion. An EIA assists us to review our service or practice to ensure that we are not discriminating unlawfully – and that we are making a positive contribution to equality. Equality Impact Assessments have been incorporated into the day to day operating of the University. Carrying out a thorough review of the University’s policies and practices is one way we can ensure there is no discrimination, or disadvantage to a particular group, from any of the University’s procedures. It also enables the University to review processes and policies to see if they are working in the most efficient manner. Since 2004 all major policies, practices and procedures of the University have been assessed for their impact on equality either centrally or locally in departments. The results of the assessments are reported to the Equality and Diversity Committee. Currently there are no requirements in the specific duties regulations of The Equality Act 2010 to conduct impact assessments. However the Government has made clear in its policy review paper that ‘… under the requirements of the general duty to have ‘due regard’ to the matters set out in the Act, public bodies will need to understand the effect of their policies and practices on equality – this will involve looking at evidence, engaging with people, staff, service users and others and considering the effect of what they do on the whole community’. 8.2 In light of the revised EIA requirements and in order to comply with the general duty, the University will need to provide evidence of equality analysis undertaken in respect of how our policies, practices and procedures will affect equality for different groups. 8.3 In addition, all new major policies which are formally approved by University committees will be accompanied with an EIA for consideration by the committee. 8.4 Finally, Student Staff Liaison Committees have been requested to include E&D on at least one committee meeting per academic year and all SSLC representatives will receive E&D training. 8.5 The Equality and Diversity Committee will continue to receive an annual report on progress and will taken account of requirements in legislation to amend practice in this area as appropriate. 9.0 MONITORING AND ONGOING MAINTENANCE 9.1 A number of activities will continue to be undertaken, as a matter of good practice, and are outlined here rather than separately in the Equality Objectives: monitoring (staff) – applications for vacancies, the staff profile, promotions, training and development activities, grievances and disciplinary procedures, Single Equality Scheme 9 EDC 03/11-12 resignations, dismissals and redundancies, incidents of harassment, and participation in training and development monitoring (student) – applications for admissions, the student profile (to include socio-economic factors and destination data), retention, graduations, complaints and disciplinary procedures, and incidents of harassment consultation will take place regularly with staff and students and through the variety of methods outlined above. As and when required, consultations on specific topics will be undertaken Equality Impact Assessments – see above under 8.0 Data Cleansing Exercise - will take place annually to ensure that staff data is as up to date as possible benchmarking against other institutions - Human Resources will continue to benchmark the University’s activities in terms of equality and diversity issues to ensure we identify and, where appropriate, utilise best practice closer links will be forged with the Students Union as a methodology for involving students in the implementation and development of the Scheme the Learning and Development Centre - will continue to ensure that equality and diversity is incorporated throughout its programme and will continue to develop specific programmes either to embed the University’s vision for equality and diversity or for specific groups. It will maintain membership of appropriate networks to inform its work. Widening Participation – the University will continue to engage schools, colleges and learners locally, regionally and nationally through a range of publicly- and privately-funded programmes and activities aimed at making the benefit of a Warwick education available regardless of background. Warwick Volunteers – to continue to be involved in a range of initiatives across the community including projects aimed at supporting minority or disadvantaged groups Local community links - maintaining links with local community organisations to publicise Warwick and opportunities available. We shall continue to utilise CommUnicate to publicise equality and diversity initiatives to the local community Maintain membership of local, regional and national partnerships/networks as outlined above to share best practice and engage in project work. 10.0 REPORTING ON PROGRESS 10.1 Each year the Equality and Diversity Committee will forward reports with appropriate recommendations to the Senate and the Council. 10.2 These reports will contain the following: a review of this Scheme, including any feedback and proposed revisions Single Equality Scheme 10 EDC 03/11-12 a review of progress on the Action Plan a report on the equality activities of the Interest Groups/Students Union a review of any relevant equality and diversity policies, and proposals for any new policies staff profile student profile a report of learning and development activities any other relevant activities which have taken place during the year 11.0 CONTACTS AND FURTHER INFORMATION 11.1 Further information is available from http://www2.warwick.ac.uk/services/equalops/ or from the HR Adviser - Equality and Diversity or link Human Resources Advisers, or from the Director of Student Support Services. If you require this publication in hard copy or in an alternative format please contact Sandra Beaufoy, Human Resources on 024 7657 4479 (s.beaufoy@warwick.ac.uk) . 12.0 FEEDBACK 12.1 Any member of staff, student or visitor who wishes to offer feedback on this Scheme and/or the Equality Objectives, or who believes that the University is not fulfilling its obligations should contact Sandra Beaufoy on 024 7657 4479 (s.beaufoy@warwick.ac.uk) . 13.0 REVIEW 13.1 The Equality and Diversity Committee will review this Scheme on an annual basis. APPENDICES Appendix A EQUALITY OBJECTIVES incorporating all 9 strands Single Equality Scheme 11