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
Mental Health Services NHS Trust
derbyshire FRIEND
Derby Equality & Diversity Network
EQUALITY ACTion 2010
EQUALITY ACTion 2010
.... made simple
by
Tina Attenborough
ATTENBOROUGH LAW
Employment 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• Familiar legislation will be repealed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?
Discrimination is defined as less favourable
treatment because of certain “protected
characteristics”, namely:•
•
•
•
•
Age
Sex
Disability
Gender reassignment
Marriage and civil
partnership
• Pregnancy and
maternity
• Race, Religion or
belief (including caste
discrimination)
• Sexual orientation
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
Harassment
“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
Third Party 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
Victimisation
• No longer require a comparator to
establish victimisation
• Potential drafting problems - s27
• Proceedings under previous legislation not
a “protected act”!
Disability Discrimination
• 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 disabilityrelated questions during the recruitment
process
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
Implications for the Public Sector
• 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
Public Procurement
•
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Requesting equality information
Checklists
Standard contract terms
A fairer future
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
Inclusion & Diversity
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.
Catherine Hamilton & Simon Langley
Past & 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
Lead from the Top
Building trust, transparency
and an inclusive and
engaged workforce
Developing our talent,
leadership skills and
capabilities
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 confident
that 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 the
contribution 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
“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”
Training for All
 Foundations of Leadership
 Orientation programme
 Learning Bytes
 Coaching2 programme
Walk the Talk
Women Empowered –
Chairman's Awards winners
Young Offenders Programme
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
3600
Veterans
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