ADVANTAGE WEST MIDLANDS
EQUALITY & DIVERSITY DRAFT POLICY 2009
Introduction
The Equality and Diversity Policy of Advantage West Midlands is a statement of the Agency’s
commitment to equality and diversity, and ensuring that our staff, Board Members,
stakeholders and partners give and receive fair and equal treatment from others.
Who is covered by the policy?
Agency staff, whether they work full or part time, or whether they are staff contracted to the
Agency on a short, medium or long term basis. Our policy is also relevant to our Board
Members, consultants and organisations that provide goods and services to the Agency, as
well our regional stakeholder and key strategic partners.
Who are we?
Advantage West Midlands is the Regional Development Agency (RDA) for the West Midlands
and one of nine RDAs in England. Our role is to lead the economic development of the West
Midlands Region, working alongside public, private and voluntary sector partners to help our
region to prosper. We build upon our region’s many strengths and address our unique
challenges.
Our key task is to lead the development and delivery of the West Midlands Economic
Strategy (WMES), the framework for our region’s growth. Through working in partnership, we
speak with one voice for the region and make a far greater impact than we would acting in
isolation.
We have an annual budget of over £300 million to invest in the West Midlands Region and, at
any one time, we manage around 2,500 projects which change the lives of people across our
region. We drive economic development by identifying where we can make the greatest
impact, either by targeting specific needs or investing in success.
Our mission, vision, values and behaviours



Our Mission is: "Leading the West Midlands towards greater economic prosperity"
Our Vision is: "To be recognised as excellent in all we do"
Our values: Aim for Excellence, work in partnership and to make a difference
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Associated behaviours: Act with integrity and show respect, Strive for continuous
improvement, Innovate and learn, Have a ‘can do’ attitude, Seek solutions, Seek and offer
support, Be passionate, Take ownership, Take pride
The Purpose of our Policy
•
To support the Agency’s legal commitment to Equality and Diversity
•
To support the Agency’s organisational (Leadership Team) commitment in terms of
its mission, vision and values and behaviours
•
To set out the Agency’s definitions on equality and diversity and the key strands of
equality and human rights (Appendix 1)
•
To set out the Agency’s business case for equality and diversity
•
To set out responsibilities with regard to equality and diversity
Objectives

All staff, Board Members, stakeholders and key partners to be aware of the updated
policy by July 2009

For all staff and Board Members to be have an understanding of our definitions of
equality and diversity by July 2009

For all staff and Board Members to be aware of the seven key strands of equality and
human rights by July 2009

To highlight the Agency’s business case for equality and diversity
The Agency will meet the objectives by:

All staff Equality and Diversity induction and ongoing training

Presentation of the policy to the Agency Board meeting or appropriate sub Board
meeting e.g. Remuneration Committee

Raising the awareness of the policy to members of the Diversity Champions Group (to
act as champions within their part of the Agency) and Staff Consultative Forum

Posting of the policy on the intranet and corporate website
Meeting our Legal commitment to Equality and Diversity
Advantage West Midlands acknowledges that it is unlawful as an employer to discriminate
against people in recruitment and selection, during or after employment, on the grounds of
age, sexual orientation, marital status, gender, trans identity, disability or race/ethnicity.
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In addition the Agency accepts that as an employer it is required to provide equality and fair
rewards to people in their employment. This requirement covers:
Pay and benefits including pension benefits

Terms and conditions of employment

Opportunities for training and promotion

Selection for redundancy and short-time working

Dismissal practices and procedures
In the application of equality and fair reward in employment, the Agency acknowledges the
following laws on equality:
• The Race Relations Amendment Act 2000
• The Disability Discrimination Act 1995
• The Sex Discrimination Act 1975/2003
• The Equal Employment Religion or Belief Regulations 2003
• The Equal Employment Sexual Orientation Regulations 2003
• The Equal Employment Age Regulations Code of Practice 1999
• The Sex Discrimination Gender Reassignment regulations 1999
• The Equality Act 2006
Advantage West Midlands is a public body and as such should not perform any act which
constitutes discrimination; and this applies to all the legal grounds for discrimination.
Organisation (Leadership Team) Commitment to Equality and Diversity
The work and business of the Agency is driven by the Leadership Team; comprised of the
Chief Executive, Mick Laverty and five Corporate Directors Karen Yeomans (Operations),
Tim Gebbels (Strategy and Communications), Richard Hutchins (Economic Development),
Mark Pearce (Economic Regeneration) and Michael Crich (Resources).
The Leadership Team to ensure that:
• Managers within their Directorate evaluate each member of staff against Equality and
Diversity objectives in their annual performance management and review
• Equality and diversity features as an important element of the Corporate Plan 2008-11
• Support the delivery of the Equality and Diversity Action Plan 2007-11
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• All new starters are required to attend the Equality and Diversity Induction workshop which
run quarterly in order to complete their probationary period
• The Agency has a champion for Equality and Diversity at Board Level
• They support the Agency’s in having a staff Equality and Diversity Champions Group,
chaired by a senior member of staff or the Board Champion for E+D
• They support the application of equality impact assessments (where necessary) against
projects and key policies and strategies
• The Agency conducts an Access Audit of its main offices at least every two years and when
using venues for Agency events, conferences and seminars
The Leadership Team recognises that as an employer the importance of equality and
diversity its staff and in the manner in which it conducts its business.
The Agency’s Business Case for Equality and Diversity

Attracts a diverse range of high calibre candidates to vacancies; thereby making it easier
to recruit the best person for the job

A diverse workforce can enhance the Agency as “An employer and organisation of
choice”

A diversity of employees allows for new and innovative ideas which can stimulate
improved working practice, new business ideas and markets.

A diverse workforce puts the Agency in a better position to better understand the diversity
of communities in the region and assist the more effective economic development

Good equality policies and practice e.g. Flexible Working, can enhance retention,
performance and productivity

Improves the overall organisational culture of the Agency through the attitude, approach
and willingness of all staff, to embrace fair and inclusive policies and practices

Supports our specific legal duties with regard to disability, gender and race equality
Responsibilities
1.
The Leadership Team, who in turn is advised by the Equality & Diversity Manager,
Board Champion and Diversity Champions Group for the overall implementation and
administration of the Policy
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2.
The Equality & Diversity Manager with the assistance of the HR and Training Team is
responsible for the provision of training, advice and guidance
3.
Functional Directors, Heads of Team and Line Managers to disseminate and raise
awareness of the policy to their staff.
Support is available from the Equality &
Diversity Manager and Diversity Champions Group representatives
4.
All staff to read and take on board the implications of Equality & Diversity Policy.
Support is available from Line Managers, HR Team, the Equality & Diversity Manager
and Diversity Champions Groups representatives
Feedback and Complaints
If you have any feedback regarding this policy please contact Kwabena Osayande (Mr), The
Policy Manager for Equality and Diversity, email: kwabenaosayande@advantagewm.co.uk
Alternatively write to him at Advantage West Midlands, 3 Priestley Wharf, Holt Street,
Birmingham B7 4BN
If you have a complaint about any of our standards of service or the way we have handled a
request for information please let us know. We will listen and respond to comments,
suggestions and complaints from our customers and partners regarding our services, with the
intention of putting things right and ensuring that problems do not re-occur.
View our complaints procedure (pdf) for more information
Acknowledgements
This policy is written based on guidance, support and advice from the following:

The Equality and Diversity Manager, Kwabena Osayande

The Head of Economic Inclusion, Iain Neville

Members of the Diversity Champions Group

Equality and Human Rights Commission (EHRC) website

Advisory Groups e.g. Advisory, Conciliation and Arbitration Service (ACAS), Birmingham
Race Action Partnership (BRAP), Race for Opportunity (RFO), Gallant 2000, COAP
(Coming of Age Partnership), The Diversity Practitioner’s Network (West Midlands),
Prospect Trade Union
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APPENDICES
The following appendices are attached for recommended reading in addition to this policy.

Appendix 1:
Definitions of Equality, Diversity, Human Rights and specific
strands of equality

Appendix 2:
The Equality Duties: Race, Gender and Disability
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APPENDIX 1
Defining Equality, Diversity, human rights and the key strands of equality
Equality
Equality relates to the fair and/or equal treatment of people who can be defined or self-define
to one or more common group characteristic based on for example their age, gender,
ethnicity, disability, sexual orientation, religion or belief in relation to other people who share
one or more common group characteristic.
Equality (of opportunity) is often related to and supported by a legal framework, which makes
it illegal to discriminate against people because they belong to one or more defined or selfdefined identity groups.
Diversity
Diversity relates to the individual differences that people have and how these are understood
and valued. Understanding and valuing the difference that exists in all of us as individuals
and the groups we belong to is important. Using diversity creatively and positively can incur
benefit for people, organisations and society.
Whilst there is a clear difference between Equality and Diversity, they are nonetheless
interconnected; therefore The Agency needs to respond simultaneously to equality legislation
and be pro-active in diversity in order to optimise the benefits as, “Neither equality nor
respect for difference (diversity) is a sufficient value in itself. The two must be held together,
mutually challenging and supportive” (The Runnymede Trust, Multi-Ethnic Britain, 2000).
Human Rights
The Human Rights Act was adopted in 1998. Human rights and equality are inextricably
linked. Equality is treated as a fundamental human right in the core international human
rights treaties; and conceptually, human rights and equality derive from the same
fundamental principle – fairness and respect for the inherent dignity of all.
Age
It is unlawful to discriminate against someone or treat them unfairly without justification
because of their age, or harass or victimise someone because of their age.
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Age discrimination law currently applies only in employment and vocational training where
you have been treated less favourably on the basis of your age, without justification. This
may be because you are considered too young or too old.
Gender
It is unlawful to discriminate against someone or treat them unfairly because they are a
woman, a man or trans. Women, men, transsexual, transgender and transvestite people can
all experience sex discrimination.
Sex discrimination also includes treating someone less favourably because they are married
or in a civil partnership: for example, by not hiring married women.
Ethnicity/Race
It is unlawful for a person to discriminate on racial grounds against another person. The law
defines racial grounds as including race, colour, nationality or ethnic or national origins.
Some religious groups such as Sikhs and Jewish people are protected under race laws.
Disability
The Disability Discrimination Act says a disabled person is someone with ‘a physical or
mental impairment which has a substantial and long-term adverse effect on his ability to carry
out normal day-to-day activities’. Examples include cancer, diabetes, multiple sclerosis and
heart conditions; hearing or sight impairments, or a significant mobility difficulty; and mental
health conditions or learning difficulties.
Sexual Orientation
Your sexual orientation means the general attraction you feel towards people of one sex or
another (or both). Most people are generally attracted to:



people who are the same sex as them
people who are the opposite sex to them, or
people of both sexes.
Same-sex attraction is called homosexuality. The Agency supports terminology for men and
women who are homosexual as ‘gay’ (for men) or ‘lesbian’ (for women). Opposite-sex
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attraction is called heterosexuality. The Agency supports the description of people who are
heterosexual as ‘straight’.
Both-sex attraction is called bisexuality. The Agency supports the word ‘bisexual’, or
occasionally just ‘bi’, to describe people who are attracted to both sexes.
It is unlawful to discriminate against someone or treat them less favourably due to their
sexual orientation, their perceived sexual orientation, or the sexual orientation of those they
associate with.
Religion and Belief
In order to be protected under the Equality Act 2006, a religion or belief must be recognised
as being cogent, serious, cohesive and compatible with human dignity. The concept includes
religions that are widely recognised in Britain (although it isn’t limited only to these), such as:

Baha’i faith

Buddhism

Christianity

Hinduism

Islam

Jainism

Judaism

Rastafarianism

Sikhism

Zoroastrianism
Denominations or sects within a religion will also be considered as religions, or religious
beliefs, such as Catholicism and Protestantism, which are divisions of Christianity.
For the purposes of the Equality Act 2006, belief is defined as including philosophical beliefs,
such as humanism, which are considered to be similar to a religion. Other categories of
beliefs, such as support for a political party, are not protected by the Equality Act.
The Agency approach supports that of the Equality and Human Rights Commission i.e.
Under human rights and anti-discrimination legislation, you have the right to hold your own
religious beliefs or other philosophical beliefs similar to a religion. You also have the right to
have no religion or belief.
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Under British anti-discrimination and human rights legislation, you are also entitled to practise
your religion or belief, express your views and get on with your day-to-day life without
experiencing threats or discrimination.
Trans
Refers to people who are defined or self-define transgender, transsexual or transvestite.
According to the EHRC Trans identity affects an estimated 5,000 people in the UK. Medical
treatment to enable transsexual people to alter their bodies to match their gender identity is
highly successful. The process is known medically as gender reassignment. The Sex
Discrimination Act (Sex Discrimination Act) was amended in May 1999 to protect transsexual
people against discrimination in employment and vocational training.
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APPENDIX 2
The Equality Duties
1.
RACE EQUALITY DUTY (Source: http://www.equalityhumanrights.com)
The duty to promote race equality is commonly referred to as the race equality duty. We use
this as a generic term to refer to the general statutory duty under section 71(1) of the Race
Relations Act 1976, as amended (the Act) and the various specific duties (including the
employment duty) that were introduced by way of statutory instruments
NB. If reading this document electronically, please use the links for more information.
What is the race equality duty?
In 2001, the Race Relations Act was amended to give public authorities a new statutory duty
to promote race equality. The aim is to help public authorities to provide fair and accessible
services, and to improve equal opportunities in employment.
Race equality schemes: the three-yearly review
If you are subject to the specific duty to prepare and publish a race equality scheme, you are
required to review your list of functions, policies and proposed policies that are relevant to the
general statutory duty. This review must be done at least every three years.
The general duty
The general duty applies to all public authorities listed in Schedule 1A of the Race Relations
(Amendment) Act 2000.
Codes of practice
The Commission has produced a statutory code of practice, and four non-statutory guides,
providing practical guidance to help authorities meet their duty.
Sectoral guidance
This section of the guide is divided into four parts. Each contains sector-specific advice on
how to meet the third strand of the duty (to promote good race relations).
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Specific duties
The specific duties were introduced to help public authorities to meet the general duty. It is
obligatory for all public authorities listed in Schedule 1 of the Act to meet the specific duties.
Procurement and the duty
Public authorities in Britain spend billions every year on contracts with private and voluntary
organisations for goods, works, and services. It is vital, therefore, that they take full account
of all the implications - both economic and social - of their investment. They must also ensure
that this investment is consistent with their race equality obligations.
Compliance and enforcement
The race equality duty is a statutory duty and therefore failure to comply can result in legal
enforcement action.
Race equality duty documents
A resource for all the guidance to help with the race equality duty.
2.
GENDER EQUALITY DUTY (Source: http://www.equalityhumanrights.com)
Introduction
All public authorities in England, Wales and Scotland must demonstrate that they are
promoting equality for women and men and eliminating sexual discrimination and
harassment.
What is the gender equality duty?
The gender equality duty [GED] is a legal obligation which came into force in April 2007. It
was introduced by the Equality Act 2006, which in turn amended the Sex Discrimination Act
1975.
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General guidance
The general guidance given in this section applies to all public bodies, with information on
processes such as gender impact assessment, collecting and using information, consultation,
developing objectives, producing a scheme, employment, and procuring goods and services.
Codes of practice
The Code is the statutory guidance on the legal requirement of the duty. It must be used by
public authorities to make sure they are complying with the law.
Sectoral guidance
Guidance for local government, health and care, housing and accommodation, justice and
the legal system, schools and other educational bodies.
Specific duties
The specific duties on public authorities vary slightly between organisations in England,
Scotland and Wales.
Enforcing the GED (Gender Equality Duty) - A toolkit for individuals
We have designed this toolkit to enable you to take steps to check whether a public authority
is complying with the GED and, if not, to call for the authority to comply.
Gender equality duty documents
A resource for all the relevant guidance for the general equality duty.
4.
DISABILITY DUTY (Source: http://www.equalityhumanrights.com)
This section provides information on the disability equality duty. If reading this policy
electronically please use the links below for more information.
What is the disability equality duty?
The Disability Equality Duty came into force on 4 December 2006. This legal duty requires all
public bodies to actively look at ways of ensuring that disabled people are treated equally. All
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of those covered by the specific duties must also have produced a Disability Equality
Scheme, which they must now implement.
Codes of practice
The Commissions Statutory Codes of Practice on the Disability Equality Duty aims to clarify
what the duty means for the public sector.
Sectoral guidance
The Disability Equality Duty applies to the public sector across Great Britain and covers over
45,000 public authorities. The Disability Rights Commission has produced guidance specific
to the different sectors to help public bodies effectively implement the duty.
Specific duties
Most public authorities in Britain are covered by specific duties to promote disability equality.
The statutory code of practice includes guidance for public authorities on meeting the specific
duties.
Secretary of State duty
The Disability Discrimination Act 2005 places specific requirements on certain Secretaries of
State to publish a report every 3 years, setting out the current position of disability equality
across their policy sector, and proposals for coordinated action.
Meeting the duty
Public authorities must work to meet the actions outlined in their Schemes in order to
promote disability equality and to make a real difference to the lives of disabled service users
and staff.
Disability equality duty documents
A resource of all the guidance needed for the disability equality duty.
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