Equality Legislative Responsibility Training by Gulshan Kayembe Senior

Equality - Legislative Responsibility Training by: Gulshan Kayembe Senior Consultant

Key objectives n n Understand the key purpose of equalities legislation Develop knowledge and understanding of the requirements of the Equality Act 2010 and how it applies to schools Understand what the Public Sector Equality Duty requires schools to do Understand how to set equality objectives and meet the requirements of the Public Sector Equality Duty.

Defining Diversity: “Diversity is about the recognition and valuing of difference in the broadest sense. It is about creating a working culture and practices that recognise, respect, value and harness difference for the benefit of the organisation and the individual” Department of Health

Definitions of Diversity: 2 “…accepts that the workforce consists of a diverse population of people. This diversity consists of visible and non-visible differences which include factors such as sex, age, background, race, disability, personality and working style. It is founded on the premise that harnessing these differences will create a productive environment in which everybody feels valued, where their talents are being fully utilised and in which organisational goals are met” Kandola & Fullerton (1994)

What’s the narrative here?

How much does reflect where we are? What does this mean for some people/groups?

The legal framework

The Equality Act 2010 n n One single equality Act Covers 9 characteristics Covers everything to do with employment for all 9 characteristics including recruitment and selection, appraisal/performance management, training, promotion etc Covers everything to do with goods and services for all characteristics except age.

Protected Characteristics n n n n n Age Marriage and civil partnership Disability Gender reassignment Pregnancy and maternity Race Religion or belief Sexual orientation

Types of discrimination n n n Direct Associative Indirect Harassment Third Party Harassment Victimisation By Perception

Positive Action n n Removes barriers – in services and employment i. e. to education for pupils and for staff Addresses disadvantage Focused on needs/evidence based approach Often termed ‘levelling the playing field’ Strengthened in 2010 Equality Act to enable employers to select the candidate with one of the protected characteristics if choosing between two equally qualified/suitable candidates.

Public Sector Equality Duty: n n n Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not.

The Specific Duty: n The ‘Specific Duty’ for schools is to gather and publish information to show we are complying with the Equalities Duty; how we remove or minimise disadvantage and take steps to meet different needs and encourage participation when it is proportionately low.

How much do we understand about gender identity/sexuality?

We are still very unaccepting of mental health. Yet we needn’t be:

Principles to guide our work on diversity n n n n Balance Flexibility ‘can-do’ approach Being proactive Communication Listening Keeping an open mind

What are the benefits of diversity? n Develop school’s ethics and values n Improve education quality and outcomes n Reflect changes in society and personal expectations n Enhance people management practices n Comply with legislation n Maximise use of existing resources

What are the issues in diversity for organisations? n n n n Potential to discriminate Prejudiced assumptions about people different from ourselves Bias, stereotyping and labelling far from eradicated – unconscious bias Barriers to education for some groups Unfair outcomes for different groups. Lack of a diverse work force Lack of inclusion - staff and/or pupils.

Another definition of diversity A diverse organisation is one which values difference. It is one which recognises that people with different backgrounds, skills, attitudes and experiences bring fresh ideas and perceptions. Diverse organisations encourage and harness these differences to make their services relevant and approachable. A diverse organisation draws upon the widest possible range of views and experiences, so it can listen to, and meet, the changing needs of its users, staff, volunteers, partners and supporters. Volunteering England

How to bring about change? § Adopting the Equalities Standard for local § § § government Focuses on eliminating institutional discrimination Promoting positive action to achieve objectives Set targets for improvement See education quality and outcomes improve Involve staff, pupils, parents and wider community in decision making

Bringing about change – key strategies n n n Use of consultation – greater involvement of staff, pupils, parents etc in decision making Focused and planned approach to monitoring and incisive analysis of data/information collected Making good use of positive action Information – how its presented; publicised; formats; target audience Developing a strong culture of promoting inclusion and diversity Leadership from the top is strong.

What’s wrong with this policy? All forms of discrimination are barriers to educational opportunities, personal growth, spiritual development and life chances. Any discrimination or alleged discrimination by any person in the school community will always be treated seriously. It will always be made clear that discriminatory behaviour in our community is unacceptable. The school will make known to all in the school community its intolerance towards any form of discrimination. The school will pay due regard to the EO legislation when appointing staff. It will ensure that all pupils have equal and fair access to the curriculum, including extra curricular activities, resources, option choices, examination entries and careers guidance. The school will offer a broad and balanced curriculum within which sexual, cultural and ethnic diversity will be treated positively. The school will monitor resources ensuring they are representative of all groups. The school will ensure adherence to relevant legislation in place at any time including the provision of the Race Relations Act 1976; Sex Discrimination Act 1975 and Disability Discrimination Act 1995. The school will promote and embrace British Values and the Prevent Agenda. The school will ensure that our EO policy is monitored and reviewed regularly, and that all in the school community are made aware of it.

EQUALITY OBJECTIVES – anything wrong? 1. To monitor and analyse pupil achievement and act on any trends or patterns in the data to diminish the differences in identified groups, focusing particularly on the achievement of white working class and black Caribbean boys. 2. To monitor and promote the involvement of all students in the extracurricular aspect of Federation life, focusing on the leadership opportunities for all students. 3. To monitor the rates of exclusions of identified groups, specifically those protected groups that are over represented in national exclusion figures. 4. To monitor and promote the engagement of parents in the Federation, particularly of the targeted groups. 5. To monitor the representation of women in senior leadership positions in the Federation and ensure they are well represented. 6. To monitor the gender pay gap and ensure that any gaps identified by the data are addressed.

Publishing equality information: what is required? n n In addition, to publishing equality objectives, schools should publish information on: • The diversity of the school population. • How they are performing in relation to the three aims of the public sector equality duty. • The diversity of the workforce where schools have more than 150 employees. These are the minimum requirements.