Frequently Asked Questions (FAQs)

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What are Human Rights?

Human rights are:

“ … basic rights and freedoms, to which everyone is entitled, either morally, legally or officially.  They are designed to limit the power of the state.  Human rights include the right to a fair trial, freedom of speech, thought and conscience, and freedom from torture and slavery.”  [1]

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948 as a response to the atrocities of the Holocaust and the Second World War.   A European Convention on Human Rights was first adopted at an international conference in Rome in 1950, and additional rules were added between 1952 and 1966. 

Until recently, people in the United Kingdom had to complain to the European Court of Human Rights in Strasbourg if they felt their rights under the European Convention had been breached. The Human Rights Act 1998 made these human rights part of our own law, and now courts here in the United Kingdom can hear human rights cases. 

The Human Rights Act 1998 covers:

• absolute rights, such as protection from torture;
• limited rights such as the right to liberty which can be constrained in some circumstances – for example by the courts in criminal cases; and
• qualified rights, which include the right to respect for private and family life, religion and belief, the right to freedom of expression, assembly and association, the right to peaceful enjoyment of property, and to some extent the right to education.

Public bodies can only interfere with qualified rights if what is done is allowed in law, is done to uphold some other aspect of the human rights legislation such as prevention of crime or protection of the public, or is necessary to uphold democracy or some pressing social need.[2]

The recognition of human rights results in people being treated fairly, with dignity and respect by public bodies of all kinds.  

The Equality and Human Rights Commission (EHRC) was created by the Human Rights Act 1998. 

[1]  The Hansard Society’s citizenship education website for young people:

http://www.hansardsociety.org.uk/blogs/Citizenship_Education/ 

[2]  A guide to the Human Rights Act 1998, third edition, Department for Constitutional Affairs:

http://www.dca.gov.uk/peoples-rights/human-rights/index.htm

* The DCA site is no longer updated though the site is retained for archive purposes and the Ministry of Justice is now responsible for this information (from 9 May 2007): 

http://www.justice.gov.uk/ 

Category: Equality and Diversity
Expert: Frances Candler

What is Diversity?

People of many different nationalities, ethnic groups, cultures, religious or non faith backgrounds, and of different age, gender, impairment, household type, sexual orientation and transgender status now live in Britain.  That is what makes it a diverse society.  

Changes in the make-up of our population, the effects of migration, economic and social change, and changes in our concept of personal freedom, mean that what is perceived as the ‘traditional British Citizen’ is changing: [1] By 2010 only 20% of the UK working population will be white, male, able-bodied and under 45.  People from ethnic minorities already make up 7.9% of the UK population and in London it is 31%.

Embracing diversity means being open to differences between people, and celebrating difference so that everyone’s talent is recognised and everyone has opportunities to actively participate within society.

Diversity is about valuing and respecting these differences and making sure that your volunteers, staff members, service users and members of the public are valued by understanding and respecting these differences in the way your organisation works.

Diversity is wider than equal opportunities because it is about relationships between organisations and people.  It is also about creating environments that everyone can be included in and can thrive in.

The term ‘diverse communities’ means groups from a broad spectrum of demographic, social, ethnic,  economic, religious, and cultural backgrounds.  The people who are covered by the seven equality strands are part of these diverse communities.   By valuing diversity we recognise the positive contribution which our differences make to society and to the effectiveness of our organisations.

[1]  Making Diversity Happen, NCVO, 2003  ISBN: 0 7199 1631 3

http://www.ncvo-vol.org.uk/publications/showall.asp?id=1468

 

Category: Equality and Diversity
Expert: Frances Candler

What is Social Exclusion?

Social exclusion refers not only to poverty and low income but to their causes and consequences. People are said to be ‘socially excluded’ when they experience a combination of linked problems such as unemployment, low educational attainment, low skills, low incomes, poor housing, high crime, bad health and family breakdown. 

People can also be socially excluded if they are seen as being different in some way, or when they face barriers that other people do not face that prevent their access to goods and services, or their participation in social and community life. 

People can be identified as different and can be socially excluded because of their age, culture, ethnic origin, faith, gender, impairment, household type, nationality, sexual orientation or transgender status – and indeed for many other reasons. 

Social inclusion therefore means reducing the inequalities that the least advantaged groups face compared with the rest of society.

Britain is becoming a more diverse country, and therefore voluntary organisations and community groups need to ensure that their policies and practices embrace diversity and social inclusion, and do not discriminate against anyone. By doing this, voluntary organisations will benefit by being able to:

• meet the different needs of people living in their local communities;
• attract more service users; and
• recruit staff and volunteers with a wider range of talent and different perspectives.

Category: Equality and Diversity
Expert: Frances Candler

What is Social Cohesion?

Since the 1950s Britain has developed significant ‘visible minority’ communities.  The policy of ‘multiculturalism’ was intended to protect and celebrate diversity, with minority languages, religions and cultural practices encouraged and minority rights set in legislation.  However, this approach is now being questioned on the grounds that locally, it has encouraged culturally and geographically distinct communities.  The key conclusion of the report on the civil disturbances in Oldham, Burnley and Bradford in 2001 was that people from different groups were not mixing and were leading ‘parallel lives’; and that more needed to be done to bring communities together [1]. 

Social cohesion is therefore seen as the process that ensures that different groups of people have a shared vision of their future and a sense of belonging, where peoples’ differences are celebrated and valued, where people from different backgrounds have the same life opportunities, and where strong and positive relationships are being developed through work, in schools and within neighbourhoods. [2]

“Integration and cohesion are sometimes seen as meaning the same thing. We do not agree. Both are processes and both share much in common, but cohesion is principally the process that must happen in all communities to ensure different groups of people get on well together; while integration is principally the process that ensures new residents and existing residents adapt to one another.” [3]

Integration or ‘inclusion’ to use the term that we prefer does not mean the same thing as ‘assimilation’.  Assimilation means that one cultural group absorbs other groups so that people from different backgrounds lose their separate identities.  Inclusion means that people retain their identities but adapt to each other while respecting each others’ needs and wishes.  Action that promotes social cohesion is important in bringing this about, so voluntary organisations have an important role to play in promoting inclusion and achieving social cohesion in the way that they work.  

[1] The Cantle Report - Community Cohesion: A report of the Independent Review Team

http://www.coventry.ac.uk/researchnet/icoco/a/2471

[2]  This is a summary of the recommendations of the Final report of the Commission on Integration and Cohesion: Our Shared Futures available from: http://www.integrationandcohesion.org.uk/Our_final_report.aspx

[3]  Our Shared Futures, Chapter 3

Category: Equality and Diversity
Expert: Frances Candler

What are Equalities?

Equalities can be described as all the work individuals and organisations carry out to promote equal opportunities and tackle discrimination. Equality is about recognising that inequalities exist and making sure that everyone is treated fairly.

Equalities work is wider than equal opportunities work.  Its aims are to make sure that:

• equality is central to all policy development and practice;
• employment and other services are genuinely accessible to everyone;
• everyone has individual needs and the right to have these needs respected without discrimination; and
• discrimination is identified, challenged and stopped.

Overall, equalities are about developing a framework within which people are treated differently according to their needs but with equal respect and fairness.

Diversity, social cohesion and equality are interlinked.  We are all different.  As a community we are increasingly diverse.  Yet we all share a common humanity.  Our common humanity makes us equal in worth, rights and responsibilities.

“There is only one race – the human race”. [1]

There is therefore a fundamental relationship between equality, diversity and human rights. Through implementing a human rights approach, organisations put their volunteers, employees and trustees, as well as the users of their services at the heart of their organisation’s mission and activities.  When services are designed with the user in mind, it encourages recognition that people are entitled to be treated fairly, with dignity and respect.

A voluntary organisation or community group performing strongly here would see these outcomes:

• service provision that better meets the needs of individual users
• service users who feel that their human rights and personal dignity have been respected and protected; and that
• there is increased choice in service provision

In summary, diversity is about valuing and respecting differences between people and taking these on board within your organisation, whereas equalities is about ensuring fairness, equality and social justice within your policies and practices.

See the FAQ on the seven equality strands and what the law says

[1]Mohandas Karamchand Gandhi (1869 - 1948)

Category: Equality and Diversity
Expert: Frances Candler

What are the seven equality strands?

The seven equality strands and what the law says

There are seven equalities strands and (currently) ten principal pieces of equalities legislation outlawing discrimination and promoting equality of opportunity for people from the seven equalities groups.

The seven equalities strands are:

• Sex equality
• Race equality
• Disability equality
• Equality for Lesbian, gay and bisexual people (LGB)
• Equality for transgender people
• Religion and belief equality
• Age equality.

The ten most important pieces of legislation covering equalities issues are, in chronological order:

• The Equal Pay Act 1970
• The Sex Discrimination Act 1975 plus the Sex Discrimination (Amendment) Act 1985 and the Gender Reassignment Regulations 1999
• The Race Relations Act 1976 and Race Relations (Amendment) Act 2000
• The Disability Discrimination Act 1995 and 2005
• The Human Rights Act 1998
• The Employment Equality (Sexual Orientation) Regulations 2003
• The Employment Equality (Religion or Belief) Regulations 2003
• The Equality Act 2006
• The Employment Equality (Age) Regulations 2006
• European Commission Goods & Services Directive 2004/113.

Category: Equality and Diversity
Expert: Frances Candler

What are the five types of discrimination outlawed by legislation?

1.      Direct discrimination

This arises where people are treated less favourably than others in the same or similar circumstances on grounds of their race, colour, nationality, ethnic or national origin, faith, gender, disability, sexual orientation and age.

Examples:

• Refusing to employ or dismissing a pregnant woman even though she has the required skills and experience to do the job.
• An employer limiting promotion to certain ethnic groups.
• A housing provider allocating a poorer property to a disabled applicant because of their disability.
• An employer requiring a full driving licence, when what they actually need is a person with an ability to travel easily. This requirement will exclude Disabled People who cannot drive, but may have an assistant whom they employ to drive them around.”

2.       Indirect discrimination

This occurs when there is a requirement or a condition placed on the provision of employment, goods or services which disadvantages particular groups of people on grounds of their race, faith, gender, impairment, age or sexual orientation and which cannot legitimately be justified.  

Examples:

• An employer asking for specific height requirements before an applicant who has all the necessary qualifications and experience is offered a job.
• Setting language tests where literacy and fluency in English is not necessary to do a job.
• Insisting that academic qualifications must have been gained in the UK.
• Social landlords asking for lengthy periods of local residence before they will give a tenancy to a housing applicant.

3.      Victimisation

This occurs when a person is treated less favourably or discriminated against because:   

• they have pursued or intend to pursue a legal case under the equalities legislation and the person against whom they take out the case treats them unfairly;
• they have given evidence or information in a legal case;
• they have alleged that discrimination has occurred.

4.      Harassment

This is commonly defined as conduct which violates a person’s dignity, is unreasonable, unwelcome and offensive, and which creates an environment which is intimidating, hostile or humiliating.

5.      Instructions or pressure to discriminate

It is unlawful to give instructions to a person to commit an unlawful act of discrimination or to put pressurise on a person to discriminate. It is also unlawful to aid a person to discriminate.

These five types of discrimination apply to all seven equality strands. 

Category: Equality and Diversity
Expert: Frances Candler

The Equality and Human Rights Commission (EHRC)

The Equality and Human Rights Commission (EHRC) was set up in 2006.  Its mission is to eliminate discrimination, reduce inequality, protect human rights and build good relations, ensuring that everyone has a fair chance to participate in society.

It brings together into a single organisation all the separate bodies that previously championed particular aspects of equalities legislation including the Commission for Racial Equality (CRE), the Equal Opportunities Commission (EOC) and the Disability Rights Commission (DRC). 

EHRC and the Voluntary and Community Sector

Advice on race equality issues that your organisation might previously have obtained from the CRE, for example, can now be obtained from the EHRC.  Cases of discrimination that might previously have been taken up by one of the separate organisations will also be taken up by the EHRC. 

As a voluntary and community organisation, you must operate within all the equalities legislation just as you would any other legislation.  There are no opt-outs.  That means that it is important that you understand what the law says about equality and discrimination.  

It also means that you need to develop policies that cover each of the main equalities strands, and you should try to ensure through some form of monitoring that you carry out these policies in practice.  That is what the following chapters will help you to achieve.

It is also important for voluntary and community organisations to have a basic knowledge of the Human Rights Act, which is often the basis for many frontline organisations’ work whether they realise it or not.  You can obtain more detailed information at:

http://www.equalityhumanrights.com/en/yourrights/humanrights/Pages/HumanRights.aspx

• Producing a community newsletter might include lobbying and campaigning which comes under ‘The right to freedom of expression’.
• ‘The right to protection from torture and inhuman and degrading treatment’ underpins those community groups that support asylum seekers or women experiencing from domestic violence.
• Groups campaigning for the homeless or working with families are supporting the ‘right to respect for your private and family life (and) your home’.

Category: Equality and Diversity
Expert: Frances Candler

Sex Equality - what does the law say?

The Sex Discrimination Acts 1975 & 1985 make it unlawful for people to be discriminated against on the grounds of their gender and marital status. 

Genuine Occupation Qualifications

The Sex Discrimination Act 1975 makes provision for discrimination in certain circumstances. It allows a person’s gender to be a genuine occupation qualification for a job. However, it will be up to the employer to demonstrate that being of a particular gender is an essential requirement for the job.

Example:

• A women-only employment policy for recruiting staff to work in a women’s refuge, or for modelling or acting work where people have to be of a particular gender.  This is achieved through creating a ‘Genuine Occupational Qualification’ that requires a woman worker.

Positive Action

The Sex Discrimination Act 1975 also allows for positive action training in the community and within the workforce for people of a particular sex where they are under-represented in certain trades or jobs.

Example:

• setting up specific training bodies for engineering or construction trades where women are under-represented.

It also allows employers to encourage people from a particular sex to apply for jobs where there is under-representation or no representation.  Positive action should not be confused with positive discrimination. Positive discrimination is illegal under the Act.

Category: Equality and Diversity
Expert: Frances Candler

Equal pay - what does the law say?

The Equal Pay Act 1970 makes it unlawful for employers to discriminate between women and men in their employment contracts (including their pay, conditions and contractual benefits such as pensions, sickness benefits, child care allowances etc). 

Examples:

• Women working full time earn on average 17% less per hour than men working full time. For women working part-time the pay gap is 36% per hour.
• One in five single female pensioners risk being in poverty in their retirement.
• On average retired men have between £50 to £100 per week more private pension income than women of the same age.

The Fawcett Society [1] - a charity that campaigns for equality between women and men in the UK on pay, pensions, poverty, justice and politics, and from whose web site the example given above is taken  – says there are three key reasons why pay gaps occur between the sexes:

• there is direct discrimination by employers who pay women less than men to do the same job;
• women and men tend to work in different trades and women are paid less even if the jobs require similar skill levels (e.g. a nurse is paid less than a police officer); and

Britain’s culture of long working hours means that if people want to thrive in their jobs, having childcare commitments will hold them back. As women are the main carers of children, their pay, job opportunities and career prospects are affected by their family responsibilities.

Sex discrimination and the voluntary and community sector

If your organisation has anyone working for you under an employment contract, equal pay and equal terms and conditions of employment between men, women and transgender people are very important issues.   

You need to be aware of what the sex discrimination, gender reassignment and equal pay laws and regulations say, and ensure that you do not discriminate against your employees. 

If necessary, seek employment and human resources advice from your local Council of Voluntary Service (CVS), the Advisory, Conciliation & Arbitration Service (ACAS), Equality Direct, or from a business support organisation such as Business Link [4].

ACAS is an organisation devoted to preventing and resolving employment disputes and has a particularly important role.  Its  aim is:

“… to improve organisations and working life through better employment relations.”

ACAS provides up-to-date information, independent advice and training, and works with employers and employees to solve problems and improve performance [2]

Equality Direct also gives free advice to employers on a wide range of equality issues [3].

[1]  To find out more, go to: http://www.fawcettsociety.org.uk/

[2] To find out more, go to: http://www.acas.org.uk/

[3]  To find out more, go to: http://www.equalitydirect.org.uk/

[4] To find out more go to: http://www.businesslink.gov.uk/bdotg/action/home?site=210

 

Category: Equality and Diversity

What is the Gender Equality Duty?

The Gender Equality Duty for the Public Sector

All public sector organisations have a statutory duty to promote gender equality since the Gender Equality Duty came into effect in April 2007.  This duty applies to all central and local government organisations, plus public bodies such as the fire service, police, NHS, schools and ‘quasi-governmental’ organisations like Job Centre Plus, Learning and Skills Council, or Capacitybuilders.

The Gender Equality Duty also applies to the voluntary and community sector or private companies where they are ‘fulfilling public functions’.  This means that if your voluntary organisation or community group is providing a public service under contract to a public body (e.g. your local authority) then you must take steps to:

• eliminate unlawful sex discrimination and harassment; and
• promote equality of opportunity between women and men.

Examples

 

• voluntary and community groups who are under contract or grant aided from their local authority to deliver specific services to members of the public or their local communities;
• a private prison transport company that takes prisoners from prison to the courts;
• A community transport scheme that is contracted to take older people or people with disabilities to a day centre or for medical treatment.

It also means that you must try to take account of the different needs of women and men when developing your policies and providing services.

Category: Equality and Diversity
Expert: Frances Candler

Race Equality - what does the law say?

The first Race Relation Act was passed in 1965 making racial discrimination in housing unlawful following the first ‘race riots’ in Notting Hill, and at a time when it was not uncommon to see signs in the front windows of a lodging house saying:

“No Blacks or Irish”. 

The law was amended in 1968 to include education and employment.  By 1975 the government realised that the law needed to address the continuing unequal status of Britain's ethnic minorities with more comprehensive legislation.

The Race Relations Amendment Act 1976, which is the foundation of current race equality legislation, makes it unlawful to discriminate against a person on the grounds of race, colour, nationality, ethnic or national origin. 

The 1976 Act outlaws discrimination in housing, education, employment and vocational training, residential and commercial tenancies, and in the way that goods and services are provided.

The Race Relations Amendment Act 1976 was again updated in 2000 to include recommendations contained in the 1988 Macpherson report following the racist murder of Stephen Lawrence.

William Macpherson concluded that the police were institutionally racist in their lines of investigation which resulted in Stephen Lawrence’s’ murderers being acquitted.  

Macpherson defines the term ‘institutional racism’ in his report as:

“… the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin.  It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantages minority ethnic people.”

The Race Relations Amendment Act 2000 was the government’s legislative response to the Stephen Lawrence inquiry report and was an historic step forward in a number of respects.  It expanded the scope of the 1976 Act to include all the functions carried out by public authorities.

Example:

• The Police were previously covered by the 1976 Act as employers. Under the 2000 Act, the delivery of services by the Police is covered, and Chief Constables are responsible for the conduct of officers in their service and can be prosecuted for their actions.

The Race Relations Amendment Act 2000 requires every public authority to promote race equality in the provision of its services, in the way it manages its business and in the way it manages its people.  One of the specific duties given to public authorities under this law is that they must produce a Race Equality Scheme which says how they are going to take forward the requirements of the Act.   

A Race Equality Scheme must include:

• a race equality policy which is signed by the head of the organisation e.g. the chair and/or chief executive; and
• a race equality action plan which must cover:

staff training;

ethnic monitoring of employees, committee members, volunteers and service users;

recruitment, retention and progression of staff from Black and minority ethnic communities; and

processes to deal with discrimination and racial harassment.

The scheme should also cover the authority’s dealings with migrant workers and refugees.

The Equality and Human Rights Commission is responsible for enforcing race equality laws. The Commission can take legal action against any person or organisation that has discriminated against someone on the grounds of race.

Legislation for Gypsy, Romany and Irish Travellers

Since the 1988 landmark case of CRE v Dutton, Romany Gypsies, who form the majority of the estimated 300,000 Gypsies and Roma in Britain, have been recognised in law as a distinct ethnic group for the purposes of the Race Relations Act 1976. Irish Travellers were similarly recognised as a distinct ethnic group in the O’Leary v Allied Domecq case in 2000. 

This means that all Romany Gypsies and Irish Travellers, whether they are nomadic, partly nomadic, or settled in housing or caravans on public or private sites, are protected from unlawful racial discrimination and harassment.  Public authorities and other organisations carrying out public functions are bound by the duty to promote race equality and must take account of the interests and needs of Gypsies and Irish travellers when carrying out their work.

Category: Equality and Diversity
Expert: Frances Candler

What is race discrimination?

Unlawful race discrimination can arise in five different ways, as a result of:

• direct discrimination;
• indirect discrimination;
• victimisation;
• harassment;
• pressure to discriminate unlawfully.

Direct discrimination

 

If you treat a person less favourably than someone else, you are discriminating against them. If the discrimination is on racial grounds – that is, on grounds of race, colour, nationality or ethnic or national origin, it is unlawful.  Direct discrimination cannot be justified on any legal basis. The fact that you have treated someone less favourably on racial grounds is all that counts.

Example:

If you refuse to consider applications from Bangladeshi job applicants because you assume they will want long holidays, you are probably guilty of unlawful discrimination.  Your motives for discriminating are immaterial and no explanations as to why it happened will make any difference.

Indirect discrimination

Indirect discrimination is less obvious than direct discrimination. It occurs when a formal requirement or a condition or a practice – even an informal practice – that applies equally to everyone puts people from a particular racial group (or groups) at a disadvantage, and there is no good business reason for it. In other words, indirect discrimination takes place when a seemingly unbiased policy or practice that has nothing to do with race has a racially biased outcome, and cannot be justified.

Example:

If your business has a dress code requiring all female staff to wear skirts, this could be indirectly discriminatory. There is no business case for such a rule, nor is there any other way of justifying it. It could discriminate against women from some communities that observe religious or cultural requirements to keep their legs covered.

Victimisation

The Act protects anyone who is victimised for bringing (or intending to bring) a complaint of racial discrimination, or for giving evidence in someone else’s complaint.

Example:

If a white worker agrees to be a witness in her Asian colleague’s racial discrimination case and is subsequently penalised in any way, she may have a case of victimisation against her employer.

Harassment

Harassment and segregation on racial grounds are forms of direct discrimination. However, since July 2003, harassment on grounds of race, ethnic or national origins is expressly prohibited by the Act and can be treated as a separate type of race discrimination. 

Example:

If white workers in a factory make racist jokes in front of black and Asian workers, this is racial harassment.  If the organisation has appropriate race equality policies the white workers may be liable for disciplinary action.  If the organisation does not have such policies, then it may be liable in law for the harassment caused by their workers on the grounds that they have not taken the necessary steps to prevent it occurring.

Pressurising someone to discriminate unlawfully

It is also unlawful to instruct or pressurise a person to discriminate unlawfully. The Act protects the person who has been disadvantaged because they have refused to carry out instructions that they believe will discriminate against someone else on racial grounds.

Category: Equality and Diversity
Expert: Frances Candler

Equality for Disabled People - what does the law say?

The Disability Discrimination Act 1995 makes discrimination against people with impairments (i.e. ‘disabled people’) unlawful in employment, education and the provision of goods, facilities and services.

The legislation covers people with physical, sensory and learning impairments, people with mental health issues, and people with health issues such as cancer, diabetes, multiple sclerosis and heart conditions; and people with severe disfigurements.

The 1995 Disability Discrimination Act defines disability as a physical or mental impairment which has a substantial and long-term (at least 12 months) adverse effect on his or her ability to carry out normal day to day activities.

Normal activities are everyday things like eating, washing and walking. However, they must affect one of the 'capacities' listed in the 1995 Act which include mobility, manual dexterity, speech, hearing, seeing and memory.

The Disability Rights Commission widened this definition to include within the term disability:

“ … any condition that arises from physical disability or impairment, or a long-term illness or condition that substantially limits normal day to day activity including but not restricted to: walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, or performing manual tasks.”

Employers and everyone who provides services to the public have a duty to take reasonable measures to make sure that they do not discriminate against disabled people.   

Landlords and other people who are responsible for letting or selling property have to ensure that they do not unreasonably discriminate against disabled people.

Other disability laws brought in since 1995 mean that:

• it is against the law for an employer to treat a disabled person less favourably, without good reason, because of their disability;
• employers and service providers must make reasonable adjustments for disabled people, such as providing extra equipment or help, or making changes to their working arrangements or the way they provide their services;
• service providers (including small and medium sized businesses or voluntary organisations) have to make reasonable adjustments to their premises to overcome physical barriers to access for disabled people;
• employers and service providers must conduct disability access audits and make necessary adjustments in their access arrangements and in the circulation areas within their premises.  In deciding what is a reasonable adjustment, factors such as how practical is it for the service provider to undertake the measures, what are the financial and other costs involved, and what resources the service provider has will be taken into account.

The Disability Discrimination Act 1995 Act has been significantly extended by the Disability Discrimination Act 2005.  This law  requires public bodies to promote equal opportunities for disabled people and it also allows the government to set minimum standards so that disabled people can use public transport easily.

Category: Equality and Diversity
Expert: Frances Candler

What is the Disability Equality Duty for the Public Sector?

Since 2006, all public sector organisations have a duty to:

• eliminate harassment and unlawful discrimination against disabled persons;
• promote positive attitudes towards disabled persons;
• encourage participation by disabled persons in public life; and
• promote equality of opportunity between disabled persons and other persons.

The Disability Equality Duty includes all public sector organisations such as central and local government, schools, health trusts or emergency services.  Each public sector organisation must comply with these duties and publish a Disability Equality Scheme which includes:

• a statement showing how disabled people have been involved in developing the scheme;
• an action plan including practical details of how improvements will be made for disabled people;
• a statement of the arrangements for gathering information on how the public organisation has performed in meeting its targets on disability equality. 

The public organisation must also produce an annual report showing what steps the organisation has undertaken to fulfil the duty, the results of the information-gathering exercise, and how this information has been used.

The Equality and Human Rights Commission is responsible for enforcing disability legislation and the Disability Equality Duty. The Commission can take legal against public bodies if they have discriminated against disabled people or not fulfilled their duty.

Positive Discrimination

The legislation allows positive discrimination in favour of disabled people in certain circumstances.  Employers are able to put in place arrangements which favour disabled people.

Example:

• Voluntary organisations and community groups that were set up to assist disabled people may discriminate in favour of disabled job applicants and employees. 

Disability discrimination

Example:

• An organisation restricted use of the disabled toilet to those with a visible impairment or mobility issues. Managers had not appreciated that people with hidden impairments may also need the additional space of a disabled toilet - e.g. people with diabetes may need extra space and privacy to inject; people with colostomy bags may need the space and privacy to empty bags.

Good practice

Examples:

• A high-street bank located in an old building had an entrance glass door was very wide and heavy. The bank has introduced a push button, which opens the door. Alternatively if you push or pull on the door it is also power assisted and opens very easily.
• A school had a well laid out disabled toilet but used it as a general toilet and the additional space required for transferring from a wheelchair was used for storing spare tables. The need for a wheelchair user to be able to make a ‘side transfer’ from chair to toilet was explained and the head teacher removed the tables immediately.
• A woman had severe spinal pain if she sat up for long periods. Her employer facilitated her work by allowing her use an orthopaedic bench at her desk rather than a chair. She used voice recognition software on the PC because she could not type when lying on the bench.

Category: Equality and Diversity
Expert: Frances Candler

Disability: what should an organisation consider?

Things your organisation may wish to consider:

• Does your organisation have any disabled people working for it?
• How do you know?
• Do you have disabled members or service users?
• How do you know?
• Are your premises accessible for people with a range of different kinds of impairment?
• Can disabled people use your services or join in your activities?
• Are you doing enough to promote your organisation to disabled people?
• Are the people who are involved in your organisation sensitive to the needs of disabled people?

Category: Equality and Diversity
Expert: Frances Candler

Disability: What practical steps can an organisation take?

• Provide accessible information – where to go to get leaflets converted, what formats should be considered; what to do if a person with communication difficulties (deaf, speech impaired etc) comes through the door,
• Think about the customer service aspects of welcoming disabled people.  Talk to the person, don’t patronise, don’t pity.  If you do not know how to meet a person’s needs – ask them.  Do not ask personal questions or pry into what is ‘wrong’ with them.
• Think about physical assess issues, including, issues for wheelchair users, visual impairments, mental health system users etc. How can your organisation provide an alternative reasonable adjustment if your service is not accessible?

Category: Equality and Diversity
Expert: Frances Candler

Who are lesbian, gay and bisexual people?

Lesbian, gay and bisexual people (LGB people) are diverse and come from all communities - they can be from black and minority groups, disabled people, women, older people or young people.

You cannot necessarily tell if someone is lesbian, gay or bisexual from their appearance.

It is generally believed that between 5% and 7% of the population (i.e. 3.6 million people in the UK) are lesbian and gay.  Although there are no firm figures for how many men and women are bisexual, LGB people nonetheless make up a significant proportion of our local communities [1]

It is therefore important for voluntary organisations to be aware of LGB issues and to provide services and employment opportunities for LGB people.

What the law says

Over the past 10 years there have been many changes to the legislation which affects LGB people. This ranges from an equal age of sexual consent, civil partnerships, outlawing discrimination in the workplace and in the provision of goods and services.

The three key pieces of legislation on sexual orientation are:

• Employment Equality (Sexual Orientation) Regulations 2003;
• The Equality Act (Sexual Orientation Regulations 2007); and 
• The Civil Partnership Act 2004.

The Employment Equality (Sexual Orientation) Regulations 2003 prevent employers and office holders from discriminating against someone on the grounds of their sexual orientation, whether they are lesbian, gay, heterosexual or bisexual. Here the discrimination can be on the grounds of actual or perceived sexual orientation or by association with someone of a different sexual orientation.

Examples of discrimination:

• Refusing to employ someone because they are lesbian or gay
• Not protecting workers from abuse and harassment from their colleagues

The Domestic Violence, Crime and Victims Act 2004 recognises that same-sex couples experience domestic violence and gives them the same rights as other men and women.

The Equality Act (Sexual Orientation Regulations 2007) covers matters outside employment law.  This law gives protection from discrimination on the grounds of sexual orientation in the provision of goods, facilities and services, education and exercise of public functions.

This legislation is a major step in ensuring equality for lesbians, gay men and bisexual people and is on a par with the legal protections provided to people on grounds of sex, race and religion or belief.

The Civil Partnership Act 2004 gives same-sex couples rights to form a civil partnership and gain legal recognition of their relationship. It has many similarities to marriage in terms of rights and obligations.

[1] Statistics from the Lesbian and Gay Foundation, and the Department of Health’s publication: Reducing health inequalities for lesbian, gay, bisexual and transgender people - briefings for health and social care staff.  

Category: Equality and Diversity
Expert: Frances Candler

What is good practice in working with LGB people?

The Commission for Social Care Inspection [1] says that lesbian, gay and bisexual people want to:

• feel safe and be treated fairly;
• be valued for who they are;
• be given the support and services to live the life they choose;
• be able to live different kinds of lifestyles.

LBG people are more likely to ‘come out’ or disclose their sexual orientation if they feel they are made welcome and that their rights are respected.

The welcoming environment must be backed with an equalities policy that states that fair and non-discriminatory services and employment opportunities will be provided to all service users and employees.

Good communication with LGB people, as with other people, is important as it will encourage people to get involved with your voluntary organisation and will promote better outcomes for your work.

Using language that respects LBG people and that acknowledges same-sex relationships and gender identity issues will enable people to ‘come out’ or disclose their sexual orientation without fear of reprisals.

Voluntary organisations and community groups can promote equality for lesbian, gay and bisexual people by:

• ensuring that staff, volunteers and committee members respect and value them and their relationships,  and deal with any issues that arise including tackling discrimination;
• by making sure that their policies and practices don’t leave out or exclude lesbian, gay or bisexual people;
• by training staff, volunteers and committee members on sexual orientation equality;
• making them feel welcome and able to talk freely about themselves;
• helping them to remain in contact with their communities, friends and relatives; and
• listening to what they have to say and acting upon their suggestions or views.

Most organisations do not carry out sexual orientation monitoring of their workforce, volunteers or service users as this is seen as a sensitive and confidential issue. They are therefore not aware of whether they are employing or providing services to LGB people within their communities.  The Equality and Human Rights Commission advocates the monitoring of sexual orientation and a question on sexual orientation is included within their Equality Monitoring Form

Monitoring sexual orientation will enable organisations to identify gaps and weaknesses in service delivery and employment practices; and enable organisations to put together an action plan to meet the needs of all service users, volunteers and employees.

[1]The Commission for Social Care Inspection (2007)

Category: Equality and Diversity
Expert: Frances Candler

Who are transsexual or transgender people?

A new equality strand has emerged since 2007 that refers to the rights of transgender or trans-sexual people.  Before this date transgender issues were largely included within the sexual orientation equality strand, and organisations working with lesbian, gay, bisexual and transgender people were referred to as LGBT groups.  Since the 2007 legislation, transgender people are treated as a separate category in terms of equality and diversity.

Transgender people have usually been through a process known as ‘gender reassignment’.  The term gender reassignment or ‘transition’ refers to the process that a person goes through to present themselves permanently in their new gender. This usually includes a regime of specialist psychiatric evaluation, hormone treatment, real-life experiences and sometimes reconstructive surgery[1]. 

The definition of transgender includes both male to female and female to male gender reassignment. 

Transgender people are not to be confused with ‘cross-dressers’ who wear the clothes of the opposite gender, usually for sexual or emotional gratification. 

Hampshire-based Chrysalis, an organisation that provides counselling, advice and support for transgender people, recommends the use of the word transgender (rather than transsexual) as the word transgender:

“ … is often preferred by transsexuals as their condition has nothing to do with sexual preference but everything to do with crossing the gender divide.”  (However) “ … some transvestites are claiming this

[1] To learn more, go to http://www.equalityhumanrights.com/Documents/Gender/Public%20sector/Gender%20equality%20duty/Meeting%20the%20gender%20duty%20for%20transsexual%20staff.doc where Meeting the gender duty for transsexual staff: Guidance for public bodies working in England, Wales and Scotland  is available.

 

Category: Equality and Diversity
Expert: Frances Candler

What does the law say about equality for transgender people?

Most of the current legislation including consumer law in England and Wales applies equally to both genders as it is asexual.  For example, the Housing Acts refers to the tenant, occupier or resident and do not discriminate between males and females.  As most of the legal terms refer to the title of the legislation and not to the person’s gender, it can be argued that, in most cases, transgender people are covered by human rights and equalities legislation.

However, there are five laws that promote equality and prevent discrimination against transgender people:

• the Sex Discrimination Act 1975 & the Sex Discrimination (Amendment) Act 1985;
• the Gender Reassignment Regulations 1999;
• the Gender Recognition Act 2004;
• European Commission Goods & Services Directive 2004/113 which came into force on 6 April 2008.
• The Sex Discrimination Act 1975, the Sex Discrimination (Amendment) Act 1985 and the Gender Reassignment Regulations 1999 make it unlawful to treat an employee or prospective employee ‘less favourably on grounds that he or she intends to undergo, is undergoing or has undergone gender reassignment’.

It is also unlawful to treat an employee’s time off for gender reassignment less favourably than a routine sickness absence.

The comparison will be made as to how the employer treats or would treat an employee or prospective employee who is not a transgender person.

However, there are exceptions to this general rule:

• Genuine Occupation Qualifications where a person from a particular gender is required for a specific post;
• the post involves the employee conducting intimate searches using  statutory powers (e.g. police, prison and customs); or
• the post involves working in someone’s private home and reasonable objection can be demonstrated by the employer because the work involves intimate contact with the householder/occupant – for example a care worker or nursing staff.

The Gender Recognition Act 2004

Under the Gender Recognition Act 2004, transgender people can gain legal recognition of their newly acquired gender providing they apply to the Gender Recognition Panel and meet the specific criteria laid down within the Act.  The criteria are as follows:

• they have had or have gender dysphoria – the personal experience of gender identity disorder;
• have lived in the acquired gender for two years ending at their date of application;
• they intend to live permanently in the acquired gender; and
• they have provided medical reports containing specific information to the Gender Recognition Panel.

If their application is successful, the person’s acquired gender is legally recognised and they will receive a full gender recognition certificate (GRC).  The GRC allows the person to be treated for all purposes as a person of their acquired gender, including any name change.

The Act also outlaws individuals in specific circumstances from disclosing the fact that someone has applied for a GRC and from disclosing someone's gender prior to obtaining the GRC. These disclosures are a criminal offence..

The European Commission Goods & Services Directive 2004/113

These regulations extend the Sex Discrimination Acts by introducing legal protection against discrimination and harassment on grounds of sex and gender reassignment in the provision of goods, facilities, services and premises (including housing).

The regulations also place new statutory duties on public bodies to tackle discrimination and harassment against transgender people. Previously transgender people were only covered in the employment and training field. They will now be protected against unlawful discrimination and harassment in the provision of goods and services as well.

Category: Equality and Diversity
Expert: Frances Candler

What is good practice in the work place for the equality of transgender people?

Good practice in the work place

Most voluntary organisations will have an equal opportunities or equalities policy in place.  It is important to make sure that the policy includes tackling discrimination and promoting equality for transgender people in terms of their recruitment, employment, volunteering, governance and service delivery opportunities.

The Equality and Human Rights Commission advocates the monitoring of transgender people and a question on transgender is included within their Equality Monitoring Form. (This is similar to the Commission’s approach on the other six equality strands). Monitoring will enable organisations to identify gaps and weaknesses in service delivery and employment practices; and enable organisations to put together an action plan to meet the needs of all service users, volunteers and employees.  

Recruitment and Employment

There are usually very few circumstances where an employer would need disclosure and questions relating to a person’s transgender when recruiting staff or volunteers, and a question should not be asked or answered. 

Chrysalis suggest that, unless it is mentioned by the person being interviewed, or there is an exceptional reason for the need to disclose whether a person is transgender in a recruitment interview, the information should be considered private and no questions should be asked.

In assisting employees to transition, good managers will discuss with their employees the best way to proceed.  This will allow the employee to say how their employer can help then in the workplace. The issues for discussion could include the following:

• whether the employee should stay in their present position or move to a different location within the organisation;
• the timescale involved from first taking medication to changing name and the transition through the surgery;
• how and when to inform colleagues and service users that do not already know – whether the person will inform them or whether the organisation will do it on their behalf;
• whether the organisation is geared up to make changes in its company records, insurances etc;
• what the organisation requires as a dress code, if they have one for other staff;
• at what point the transgender person will want to use the facilities provided for the new gender.

Example of Good Practice

• Rachel informed her company that she was a transgender person. After explaining this to her Chairman, it was decided that a plan should be drawn up to make the transition smooth for both Rachel and her employer.  This was helped by Rachel, who enlisted the support of a specialist organisation and had a plan of action of her own, which was flexible and able to fit in with the company’s plans.

Frequently asked questions and answers on the employment of transgender people [1]

Q: When does a transgender person start using single sex facilities?

A: There is no easy answer to this and this will need to be agreed between the person and the employer. It could be at any point along the path to transition – for example when the person is permanently dressed in their new gender or when they have the appearance of their new gender. It is not acceptable for the employer to ask the employee to use the disabled facilities for an extended period.

Q: Does a transgender person have to tell colleagues?

A: No, they do not. The ones the transgender person works with closely will see the changes taking place and it is hoped that they will be supportive. As for other people in the organisation that would be up to the transgender person to make a choice.

Q: What about any service users the transgender person may have?

A: If the transgender person has service users who they meet in person then it would be good practice for the employer to inform them unless the transgender person wishes to do this. This should be discussed and agreed between the transgender person and the employer.

Q: What if service users do not want the transgender person to deal with them – is their job on the line?

A: What should happen once the transgender person has told the service users what is happening is for the employer to interview them and ask them if they are happy with the transgender person continuing as their contact with the organisation. Those that do not wish to continue with the transgender person should be offered a new contact person or carer. There is no question of the job being on the line if the service user does not want the transgender person to deal with them.

Q: What if the transgender person gets hassle from colleagues? 

A: If the transgender person is getting any sort of hassle such as unwanted remarks, bad behaviour or being ignored, they should report this to their manager or contact an organisation like Chrysalis who will intervene on their behalf.

Self Assessment

This is a new and still developing area of equality and diversity practice, and relatively few organisations have yet developed policy and practice in this field.   

Basically you should:

• make a commitment to equality and non-discrimination for transgender people in your equality and diversity policy;
• get to know the law and what is seen as good practice, starting with the material that we have included here;
• think about how the law affects your organisation, your volunteers, workers, committee members and service users;
• ensure that your equality and diversity policy covers all the legal requirements;
• think about how you can monitor transgender people whether they are staff, volunteers or service users; and
• if you know there are gaps in your policy or practice, don’t just leave it, but develop a plan for getting it right.

[1] We are grateful to Chrysalis for allowing us to use these questions from their web site

Category: Equality and Diversity
Expert: Frances Candler

Religion and Belief: what does the law say?

The Employment Equality (Religion or Belief) Regulations 2003 outlaw discrimination (direct or indirect), harassment or victimisation in employment and vocational training on the grounds of religion or belief.

Part 2 of the Equalities Act 2006 prohibits discrimination against a person because of their religion or belief (including lack of religion or belief) when providing goods, facilities, services, public functions, or education, and in management and disposal of premises.

The Racial and Religious Hatred Act 2006 which came into effect in October 2007 creates an offence of using threatening words or behaviour to stir up religious hatred. Offences can be written, spoken, broadcast or published words or actions. Religious hatred includes hatred against a group defined by their religious belief or lack of religious belief. 

The Race Relations Act 1976 covers Jews and Sikhs because they are recognized as ‘racial groups’.

Category: Equality and Diversity
Expert: Frances Candler

How are religion and belief defined?

The 2003 Regulations define religion or belief as:

 “ … any religion, religious belief, or similar philosophical belief”.

Factors taken into account in deciding what is or is not a religious belief include;

• collective worship; or  
• a clear belief system; or
• a profound belief affecting a way of life, or world view.

The definition does not cover beliefs such as political beliefs or fanatical beliefs such as being a football supporter.  However, a broader definition was used in the Equalities Act 2006 than in the 2003 legislation, so that a philosophical belief that included shared beliefs such as such as animal rights activism, and also people who define themselves as Humanists or Atheists, or with no religion or belief were also covered.

Exceptions

The Employment Equality (Religion or Belief) Regulations 2003 allow an employer, when recruiting for a post, to treat job applicants differently on grounds of religion or belief if being of a particular religion or belief is a Genuine Occupational Requirement for that post.   There is also an exception where the employer has an ethos based on religion or belief, and being of a particular religion or belief is a genuine occupational qualification for the job.

An employer may also rely on this exception when promoting, transferring or training people for a post, and when dismissing someone from a post, where a genuine occupational requirement applies to the post.

A genuine occupational requirement cannot be used to justify victimisation or harassment.

There are also exceptions to the Equalities Act 2006 that allow charities and other organisations whose purpose is related to religion or belief to serve particular communities. There are also exceptions in public functions, including education. 

Category: Equality and Diversity
Expert: Frances Candler

What is religious discrimination?

Types of religious discrimination

Example of direct discrimination:

• During an interview, a Christian woman refers to the church that she regularly attends. Although she has the skills to do the job successfully, the interviewer does not employ her because she does not like the idea of working alongside someone who believes in God and might want to talk to her about her beliefs.

Example of indirect discrimination:

• A chief executive introduces a ‘no headwear’ rule for all staff. This would put Sikh men who wear a turban and Jewish men who wear a kippah at a disadvantage. This is an example of indirect religious discrimination, and would need to be justified otherwise it would be unlawful.

Example of possible discrimination and victimisation:

• A woman who works in a bank wears a crucifix around her neck where it can be seen by her customers.  Her manager asks her to remove it as there is a rule against wearing jewellery, and it is not part of the uniform.  She refuses on religious grounds, and is given a job in the back office.  [This may be discrimination].  She decides to leave. 
• A colleague who supported her when she was defending her right to wear the crucifix was later refused promotion on the grounds that she was a troublemaker.  [This may be victimisation].

Example of harassment

 

• A man who is an atheist is targeted by his Christian colleague, who believes that she must try to convert him to her religion. She leaves religious texts on his desk and tries to engage him in conversations about Christianity whenever there is a coffee break. The man complains to his employer, who tells him to ignore her.

 

Things your organisation might want to think about

Marginalised black and minority ethnic communities have often used religion and faith as a way of expressing their identities.  These often show up in things like diet and dress.  Where possible, employers should try to accommodate these differences.  Employers can be cited as unlawfully discriminating either directly or indirectly if they refuse to do this without reasonable justification.   We give some examples below.

 

• Dress – employers with strict regulations about dress code or uniforms may need to make adaptations to incorporate garments that are worn or not worn for religious reasons unless it impinges on health and safety.
• Dietary requirements – Work establishments offering meals should cater for staff that because of religion or belief may only eat certain food or food prepared in a specific way, e.g. halal, kosher and vegetarian food.
• Prayer days and religious holidays – Employers should where possible allow employees time and annual leave to celebrate religious festivals or to worship.
• Prayer times – as above but so as not to treat some members of staff more favourably than others, prayer times may need to be taken as part of the break times, but these could be at a different time than the usual break times.
• Prayer rooms and somewhere to wash feet and hands should be offered where possible.  There should be somewhere quiet for people to pray

Organisations that promote a positive attitude towards diverse faiths and beliefs will most likely reap dividends, encouraging a diverse workforce, bringing in additional skills and experiences,  enlarging the ‘market’ for the voluntary organisation or community group’s work, all of which will strengthen the organisational ethos of inclusion.

 

Category: Equality and Diversity
Expert: Frances Candler

Age Equality: what does the law say?

What the law says

Age discrimination is the most common form of discrimination in the UK according to research carried out in 2004 by the University of Kent on behalf of Age Concern. Their research showed that 29% of people they surveyed said that they had experienced it, compared to 24% who said gender discrimination was the most common.

The Employment Equality (Age) Regulations 2006 are the only legal provisions referring to age discrimination.  The regulations cover people of all ages including both young and older people.  The Regulations only apply to employment and vocational training. They make it unlawful for employers and those involved in training to discriminate against a person on the basis of his or her age.

The regulations cover:

• access to help and guidance, recruitment, promotion, career development, employment termination, pay and benefits. Upper age limits for unfair dismissal and redundancy have been removed;
• job applicants, employees, crown employees (except those serving the Armed forces and reservists), police officers and civilian employees in the armed forces;
• office holders such as judges, and members of the clergy and applicants and members of Trades Unions and professional associations;
• people seeking qualifications from a qualifications body such as the Law Society;
• applicants and students on vocational courses or government training programmes;
• applicants and students in further and higher education;
• people registered with employment agencies; and
• applicants and members of occupational pension schemes.

Individuals, employers, vocational training providers, employment agencies, and occupational pension schemes are all liable under the Regulations and must not discriminate on grounds of age.

These regulations do not cover the provision of goods, services or facilities or public services, so there is no legal protection against age discrimination in these fields. Nevertheless, it is good practice for voluntary organisations and community groups to adopt policies that seek to promote equality and counter age discrimination throughout all their areas of activity (including the provision of goods, services and facilities).

The legislation adopts similar definitions of discrimination as the other equality strands - direct and indirect discrimination, harassment and victimisation.

There are exceptions to the legislation.  These include Genuine Occupation Qualifications, positive action, and the National Minimum Wage where the age bands for younger employees are allowed as they have been objectively justified in making it easier for younger people find work.

The regulations also allow service-related pay and benefits to continue.  However, pay and benefits relating to service criteria of more than five years must be justified, and it will be down to the employer to prove it is essential.

Category: Equality and Diversity
Expert: Frances Candler

What does the law say about Retirement Age?

The law introduces a national default retirement age of 65. This makes compulsory retirement below 65 years unlawful unless it can be objectively justified by employers.  This will be reviewed in 2011.

All employees have the right to request that they work beyond the default retirement age or any other retirement age set by their organisation. All employers have a duty to consider these requests, but do not have to agree to a worker continuing beyond the age of 65.

Age Concern England is seeking a judicial review [1] against the government as they argue that by allowing compulsory retirement at the age of 65, the regulations do not comply with European Law. This case has been referred to the European Court of Justice and a ruling is awaited.

The regulations allow pension schemes to carry on running as they do now and they do not affect state pensions because to unravel existing pension schemes would take a lot of time and effort and would discourage employers from providing good pensions.

Example · asking for graduates may discriminate against older workers unless the employer can justify this requirement

[1] Situation at March 2008.  For more information, go to: http://www.ageconcern.org.uk/

Category: Equality and Diversity
Expert: Frances Candler

What is Age Discrimination and how can organisations promote age equality?

Examples of age discrimination:

• only making your training available to younger employees - this may discriminate against older employees
• not recruiting younger workers because they are seen as being less reliable than older workers
• advertising jobs that require a specific minimum or maximum length of experience as this will disadvantage certain age groups
• asking for graduates may discriminate against older workers unless the employer can justify this requirement. 

ACAS guidelines on promoting age equality in the workplace or training

• Make sure that equalities policy and action plans cover age, and discuss with your employees how they can help to tackle age discrimination.
• Monitor your workforce including thinking about who is likely to retire and when, and consider flexible working arrangements for older workers.
• Wherever possible, advertise in a cross-section of the media so that you are reaching out to all age groups with your vacancies.
• Avoid specifying minimum/maximum length of experience unless it is absolutely necessary for the job.
• Only ask for a date of birth on your equalities monitoring form and not on the application form to ensure that it is not seen by the interview selection panel. Use competence/skills based application forms.
• Train staff who will interview prospective employees or candidates for promotion not to stereotype or discriminate on grounds of age.
• Monitor your recruitment selection process. Check whether you need to take positive action to recruit under-represented age groups to your workforce.
• Make sure training is open to everyone regardless of a person’s age, especially for older workers.
• Set the same standards of performance regardless of the employee’s age. Also when writing up performance appraisal meetings, avoid stereotypical comments such as ‘does well for her age’.
• Review your redundancy policy to ensure that you do not discriminate on grounds of age and bear in mind that ‘last in, first out’, or length of service to select employees for redundancy are likely to be discriminatory.

Category: Equality and Diversity
Expert: Frances Candler

How can an organisation promote age equality?

This is a new and still developing area of equality and diversity practice, and relatively few organisations have yet developed policy and practice in this field. 

Basically you should:

• make a commitment to age equality in your equality and diversity policy;
• get to know the law and what is seen as good practice, starting with the material that we have included here;
• think about how the law affects your organisation, your volunteers, workers, committee members and service users;
• ensure that your equality and diversity policy covers all the legal requirements;
• think about how you can monitor older people whether they are staff, volunteers or service users; and
• if you know there are gaps in your policy or in how you put your policy into practice, don’t just leave it, but develop a plan for getting it right.

Category: Equality and Diversity
Expert: Frances Candler

How does an organisation promote diversity and tackle discrimination?

Human rights, equality and diversity affect many areas of your organisation’s work.  There are laws and regulations in place that are intended to help you to promote equality, respect diversity and tackle discrimination.  But there are also gaps.  The fact that providers of goods and services, and public authorities, can still in theory discriminate against older people is an example of this.  But even if the law is still evolving, that does not mean that voluntary organisations and community groups should not aim to treat everyone in a way that respects their individuality as human beings.

The key question is: how does your organisation bring all this information and experience together to promote diversity and tackle discrimination? 

The answer is for all organisations of whatever size to develop a holistic approach to diversity and equalities through:

• writing a set of guiding principles for your organisation in an Equality and Diversity Mission Statement
• developing an Equality and Diversity Policy
• writing an action plan for putting the policy into practice
• monitoring how well you are carrying out your policies in practice

Category: Equality and Diversity
Expert: Frances Candler