Toolbox Talk

Conscious and Unconscious Bias

All employees and court users have the right to be treated equally, with dignity and respect. We all have a responsibility
to make a conscious effort to avoid our own beliefs and values having a negative impact on the way we interact with all
the people we come into contact with, especially in the workplace. OCS are committed to working in an inclusive and
supportive environment, providing a workplace free from harassment, bullying, discrimination, or abuse. To achieve
this goal, OCS work within the parameters of our values and the Equality Act of 2010.

Behaviours
Positive behaviours
 Treat all with respect, value differences, be helpful and
polite, be customer focused.
 Understand that the court environment is diverse and has
people from all backgrounds, treat all people equally.
 Has self-awareness, understands how their behaviour can
affect others attitude and how their attitude can affect
others behaviour
 Uses customer service focused approach including HALO
model.
 Work together to support each other, listen to everyone and
work as a team.
 Understands the impact of the Equality Act and
Conscious/Unconscious Bias
Unacceptable Behaviours
 Unwanted, unreasonable and personally offensive to the
recipient (irrespective of the intentions)
 Creates an intimidating, hostile or humiliating
environment affecting their court experience.
 Fails to recognise the different diverse backgrounds that
court users may come from
 Fails to both respect the rights and recognise the impact
that such behaviour may have on others
 Disregards the feelings of others
 Fails to understand the importance of Reasonable
Adjustments to enable all those present in the court are
treated fairly and equally.
 Has no knowledge or regard for the Equality Act and
Conscious/Unconscious Bias

The Equality Act 2010

Ensures that everybody is treated equally and fairly:

1. When you are in the workplace

2. When you use public services like healthcare
3. When you use businesses and other organisations that provide services and goods
4. When you use transport
5. When you join a club or association
6. When you have contact with public bodies like your local council or government departments

To ensure that we all know who may be more vulnerable than others, the act has 9 protected groups
Communication
Language barriers, including word choice, tone, intonation and non-verbal communications, can cause
misunderstandings and misinterpretations between people. Using words that other people are unable to understand
makes the communication ineffective and prevents messages from being conveyed. Language barriers include (this list is
not exhaustive):
 Difference in Language: The accents and dialect (use of words) of people belonging to different places differs
even if their language is the same. Though the language may be the same the meanings, implications and
interpretations of words are different.
 No Clear Speech: People who speak soft/ small voice may not be understood. There might be difficulty
understanding the meaning of the message and the feedbacks. This also includes raising your tone of voice as this
could be interpreted as being aggressive and or shouting.
 Inappropriate Choice of Words: Be careful to converse in a neutral, professional way. Wording used to show
agreement can be taken as sarcasm which is negative in nature. Words with two meanings, should be avoided as it
can be interpreted in any way. So, the message may not be sent as intended.
Do not assume the person you are speaking to will find something as funny, familiar or acceptable as you do.
Avoid familiar speech that may be inappropriate and do not assume that because a person presents as one thing,
they are that person in reality, for example:

Chloe (36) – has slurred speech and a strong accent

Assumptions – Chloe’s speech impediment and accent could lead someone to think she may have limited cognitive
ability, particularly if they’re unfamiliar with hearing her talk. This may lead to over simplifying information and come
across as patronizing. Alternatively, it could lead someone to think she is under the influence of alcohol or drugs, and to
treat her differently as a result.

Reality – Chloe is representing herself at the Employment Tribunal, appealing against the unfair dismissal from a job
following a brain injury. The brain injury affected her speech, but not her cognitive ability which is above average.
Being patient and listening carefully to Chloe significantly improves communication and her experience of HMCTS.

Phil (55) – appears to wear dirty, un-ironed clothes and has long hair that appears unwashed

Assumptions – Phil’s appearance may suggest a degree of neglect and that he could be experiencing mental health
issues, or that his accommodation arrangements are unreliable. You may therefore treat him as a vulnerable user and
oversimplify information.

Reality – Phil is a regular court user and is an experienced solicitor and familiar with the court system. A courteous
welcome from the security officer ensures that Phil’s day at court starts well.

You can see from these examples that we form opinions based on our own beliefs and values. These, in turn, ‘leak’ into
our words and actions, this is known as bias and has two forms….

Bias both Conscious and Unconscious

Our brains can often make quick judgments and assessments of people and situations. This can result in bias.
Bias is something that happens automatically and outside of our control. It’s triggered by our brain making
quick judgments and assessments of people and situations. It’s influenced by our background, cultural
environment, the media and personal experiences.
If the brain senses danger, it will make rapid, automatic unconscious decisions. Our brains can unconsciously
categorise people by stereotyping.

Consequences of not controlling our Bias reactions

A lack of awareness can lead to misunderstandings can result in us feeling unhappy and can impact internal and external
relationships, your commitment to work and effect our personal wellbeing. This may result in a formal grievance or
people bottling things up. It’s very important that you retain a professional outlook and treat all court users equally.

Stereotyping Exercise (group or individual)

CTSO to make notes on the below

We may stereotype people depending on their appearance

e.g. colour of their skin, age, gender or simply what they’re wearing
or how they talk.
Would you lend your phone to either of these people in the street ?

HALO

Is the customer service model that OCS developed for CTSO’s.

Further Learning

Log onto the OCS Academy where you will find the following further learning
Opportunities.

Unconsious Bias Front Line

https://www.ocs-academy.com/course/view.php?id=146

Unconscious Bias for Managers

https://www.ocs-academy.com/enrol/index.php?id=102

Toolbox Talk – Conscious and Unconscious Bias

Attendance Record

Name of Manager/Supervisor Date:

presenting TBT

Participant Name Employee No

Signature
(please print) (or date of birth)
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