EQUALITY AND DIVERSITY IN UK HIGHER EDUCATION

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EQUALITY AND DIVERSITY IN UK HIGHER EDUCATION

• Professor Janet Finch
• Vice Chancellor, Keele University

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Why important for AUA members?

• Equal opportunities and diversity now mainstream
  issue because.
• Wider definitions now cover
• race and ethnicity
• gender
• disability
• sexual orientation
• religion and belief
• (in future) age
• New legal emphasis positive duty to promote
  equal opportunities
• Duties apply to
• All public bodies (includes HEIs)
• Therefore all individual employees of public
  bodies
• Legal change in the burden of proof HEI (or
  individual) has to prove NOT discriminated

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Positive duty to promote equal opportunities

• Race Relations (Amendment) Act in 2000 the new
  benchmark legislation
• Prohibits racial discrimination in the carrying
  out of public functions.
• Places a general duty on all public bodies,
  including HEIs, to
• Eliminate unlawful racial discrimination
• Promote equality of opportunity and
• Promote good relations between people of
  different racial groups

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Exercising the positive duty

• Requirement of RRAA to publish annual Race
  Equality monitoring data (staff and students)
• The most effective thing that any HEI can do to
  promote good race relations, eliminate racial
  discrimination, and promote equality of
  opportunity is to go all out to establish, in all
  areas of activity
• Transparency information, use of criteria
• Consistency ongoing, 2 way communication and
  consultation
• Accessibility easy to get information, and easy
  to use it when you get it
• Approachability i.e. that people are
  approachable
• Accountability reporting on what is done, why
  and with what effect, through formal channels and
  within the communication and consultation process

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Concerted actions within the HE sector

• Establishment of Equality Challenge Unit in
  2001
• Funding Councils required all HEIs to produce
  Race Equality Policies and action plans
• Examples of ECUs work to support the sector
• Timely policy formation advice, together with
  detailed guidance e.g. Forthcoming act on Gender
  Reassignment
• Guidance e.g. Disability in HE Employment,
  monitoring within the HE context, carrying out
  impact assessments within HE (in future)
• Regular presentations to senior management and
  assisting HEIs reviewing and revising policies,
  on all of these issues (invitations welcome)
• Conferences and workshops
• Collaborative projects with HEIs

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New areas (1) Religion and beliefs

• The Employment Equality (Religion or Belief)
  Regulations became law on 2nd December 2003
• HEIs must allow that everyone has the right to
  their own belief system, but not to force it on
  others.
• The right to freedom of thought, conscience and
  religion is absolute, but the right to manifest
  beliefs is qualified by the need to protect the
  rights and freedoms of others

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Religion and beliefs contd

• All staff, regardless of religious belief or
  non-belief, are required to work in accordance
  with their contract.
• Not entitled to time off for religious
  observance. Requests for time off against holiday
  entitlement treat with sympathy.
• Dress codes Items related to cultural/religious
  norms (e.g. hijab, kippah, mangal sutra) welcome
  diversity, limited by considerations of health
  and safety, appropriateness and decency.
• Food availability - Should provide appropriate
  food in its food outlets according to demand. The
  views of relevant groups should be canvassed at
  regular intervals.
•  
• .

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New areas(2) Sexual orientation

• The Employment Equality (Sexual Orientation)
  Regulations 2003 came into force on 1st December
  2003
• The legislation protects everyone
• gay, lesbian, bisexual or heterosexual.
• those who are believed to be of a particular
  sexual orientation, whether or not they are.
• those who are treated less favourably because
  they are associated with gay or bisexual people
  are also covered.
• Discrimination against people who have undergone
  gender reassignment is a separate issue. It is
  proscribed by the Sex Discrimination (Gender
  Reassignment) Regulations 1999.

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New areas (3) Age

• Age discrimination legislation comes into force
  1st October 2006
• The government intends to outlaw age
  discrimination in general (with one or two
  exceptions) with similar definitions and
  sanctions to those that already exist in the
  other equalities strands.

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How does this affect Universities?

• It gives the HEI the power and indeed the
  obligation to take action because it places
  binding legal responsibilities on the HEI

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New legislative requirements

• Universities cannot now lawfully permit anyone,
  staff or students, to
• discriminate directly or indirectly, harass or
  victimise any member of staff or any student
• because of their
• sexual orientation
• religion
• belief
•  

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Types of discrimination

• Direct discrimination to treat less favourably
  for example by refusing to employ or admit or by
  dismissing or expelling because of a persons
  sexual orientation, disability or religion /
  belief etc.
• Indirect discrimination apply a criterion,
  provision, or practice that has the effect of
  disadvantaging people of a particular religion,
  race, gender etc.
• Harassment subject someone to unwanted conduct
  that violates that persons dignity or creates an
  intimidating, hostile, degrading, humiliating, or
  offensive environment for them.
• Victimisation retaliate against someone because
  they have made a complaint or allegation of
  discrimination

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Changes in the burden of proof

• Previously a person had to prove they were being
  discriminated against, now the institution has to
  prove they are doing enough to prevent
  discrimination e.g. through policies, training
• The burden of proof in race, disability,
  religious or sexual orientation discrimination
  cases is the same as for sex discrimination
• If a prima facie case is made it is for the HEI
  to prove that it did not occur
• The fact that the burden of proof rests with the
  HEI has major implications for operational
  practice
• Statistical monitoring is not required for
  religion, belief, sexual orientation, but,
  however it is good practice to monitor the effect
  of policies and practices since this might assist
  in the defence of any action against an
  institution

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How does this affect those who work in
Universities?

• Individual responsibility, for example The RRAA
  places a responsibility on every public servant
  for ensuring race equality in the delivery of
  public services
• Affects all areas of University provision and
  services every area covered by administration.
• Burden of proof applies to individual officers,
  or line managers (in respect of their staff).
• It is anticipated that tribunals will expect to
  see
• That individuals answering the case on the part
  of the HEI have been properly informed about
  their responsibilities, and are properly
  supported and trained
• Monitoring records
• Explicit criteria
• Records of how the criteria have been applied
  (not created afterwards)

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How does this affect those who work in
Universities?

• Burden of proof is relatively new (last July),
  so case-history is not yet established
• It has always been the case that Tribunals have
  tended to give the benefit of the doubt to the
  employee
• In future the Tribunal will draw adverse
  inferences if the employer fails to
• Answer all questions in the Tribunal
  questionnaire
• Respond to Tribunal questionnaires within 8 weeks
  (therefore appropriate records need to be already
  to hand)

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What should individuals do?

• Mainstream equal opportunities
• Personal responsibility how we interact with
  colleagues, set the tone around us, make clear
  what is acceptable and what not
• Professional responsibility being aware that
  equal opportunities has to permeate everything
  that the HEI does
• Familiarise ourselves with basic principles
• Take advantage of training
• Normal, careful record keeping making sure
  there are proper systems for keeping records
• Ensure at all times that transparent criteria are
  set and adhered to
• Contribute/participate in equal opportunities
  forums
• Check that all public facing activity is EO
  sensitive
• Embrace cultural diversity