Unit 6:

Managing a FALL 2019

Successful
Business Project
Employers seek guidance on how to implement, manage and promote effective an equality
and diversity policy. Consider what the following are:
Equality- considers the fair treatment to avoid discrimination or unjust predicial treatment of
people based on age, gender, race, disability, religion or belief, sexual orientation
Diversity- a state of being diverse… showing variety and difference as a strength,
Society has created laws and policies on how to deal with such issues, how to Plan, Implement,
Control/Monitoring and Reviewing policies by what practical steps should be taken to ensure
that the organisation complies with the law and harness it’s benefits.
Employers' Duties
Employers duty- ensure that its stakeholders are not subject to discrimination because of
protected characteristics.
An equal opportunities policy is not a legal requirement for UK organisations but is seen as
good practice to promote equality and diversity in the workplace.
Employers implement an equal opportunities policy and ensure compliance with it occurs.
Employers have a duty of care to ensure all their employees comply with the equal
opportunities policy and colleagues are treated with respect and dignity.
It is important to communicate and promote the equal opportunities policy to employees on a
regular basis.
Employees' Duties
Employees have a duty not to discriminate against their colleagues because of any of the
protected characteristics. Employees that discriminate may face a tribunal and be required to
compensate victims.
Diverse thinking ensures a positive duty on all employees to comply and treat colleagues with
respect and dignity.
All employees are under a duty not to engage in any behaviour that could be interpreted as
harassment on related to any of the protected characteristics
In Practice- What is Equality and
Diversity?
Most employers are familiar with the concepts of equality and discrimination, ie that they must
not treat employees unfavourably on certain grounds such as sex or race. Diversity, on the other
hand, may be a less familiar concept. Diversity is about:
•recognising that people are different from one another
•valuing and respecting people as individuals irrespective of their differences and differing needs
•accommodating differences where possible.

Promoting equality and diversity involves more than just dealing with the requirements of the
Equality Act 2010. It requires recognition that people from different backgrounds can bring fresh
ideas and perspectives that can make an organisation more effective.
The Business Case for Equality and
Diversity
Equality and diversity can become drivers for change when they relate to the current and future
business needs. These include:
•becoming an employer of choice (see Recruiting and Retaining the Best Staff — Becoming an
Employer of Choice)
•improved staff morale and performance (see Strong Staff Morale and Enhanced Performance)
•increased output (see Increased Sales — Improved Services and Being Attractive to Customers)
•better reputation (see Positive Image and Profile)
•better understanding of all the organisation's customers (see Ability to Deal with the Globalisation of
Business)
•stronger ability to comply with legislation and avoid litigation (see Compliance with Equality
Legislation, Compliance With the Anti-discrimination Legislation and Avoiding Legal Challenges and
Damage to Reputation).
Recruiting and Retaining the Best Staff —
Becoming an Employer of Choice
Benefits in recruiting the best people (irrespective of gender, age, sexual orientation, ethnicity or
nationality, religion or belief, disability, educational/social background, etc) include:
•Strong Staff Morale and Enhanced Performance
•Promotion of equality and diversity can help the organisation to:
•develop and motivate staff to make the most of their potential
•reduce sickness and absence rates
•retain staff for longer (turnover costs are high and there is evidence that women, ethnic minorities
and younger workers are more likely to leave their jobs)
•improve staff morale, leads to more effective work and higher productivity
•improve work-life balance issues and flexible working
•not to do so significantly reduces the pool of talent in recruiting
Increased Sales — Improved Services and
Being Attractive to Customers and Clients
A workforce that has a good understanding of the customer market can facilitate awareness of
customer needs and increase access to new markets.
Many organisations have found that even though they believe their model is customer driven,
their employee profile is out of line with their customer profile.
Traditional approaches to management are no longer effective.
New technologies, demographic changes in the workforce and an increasingly global
marketplace challenge organisations to adopt new ways of working.
Organisations that value and encourage diversity amongst their employees will have a
competitive advantage over others.
Positive Image and Profile
Customers want to identify with an organisation whose products/brands they buy or services
they use. Research has shown that consumers express a clear preference for a company that
treats people with respect (Adkins, S. Cause related marketing who cares wins, Butterworth-
Heinneman, 1999).
If organisations do not listen to their customers, customers will take their business elsewhere.
Increasingly, organisations recognise the damage that can be caused to brands or organisational
image, for example by high-profile discrimination cases
Ability to Deal with the Globalisation of
Business
Companies are increasingly operating globally; they are therefore managing multicultural
workforces and coming into contact with clients from many countries.
Issues of ethics are important, with managers having to develop a relationship with, and to trust,
people who operate in very different business cultures. As a result, pre-established styles have
to be reviewed and changed, eg a confrontational style that may be acceptable in some
countries is highly unproductive in others.
The diversity approach reflects and helps to prepare staff for these types of challenges.
Compliance With Equality Legislation
It is still the case that the main driver for many employers in looking at ways of promoting
equality and diversity is the law (according to CIPD research). However, an organisation that
focuses only on compliance with the law will not transform its culture into one that is more
inclusive, or which values and respects differences.
Public Sector Equality Duty
The Equality Act 2010 applies to public authorities and private-sector. However, public
authorities are also subject to a single equality duty which covers all the protected
characteristics as defined in the Equality Act 2010. The public sector equality duty consists of a
general duty, with three main aims (set out in s.149 of the Equality Act 2010); and specific duties
(set out in secondary legislation which accompanies the Equality Act 2010). Three main aims
are:
1. Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited
under the Equality Act in the exercise of the public authority’s public functions
2. Advance equality of opportunity between people who share a relevant protected
characteristic and people who do not share that characteristic
3. Foster good relations between people who share a relevant protected characteristic and
people who do not share it.
Public Sector Equality Duty
Every public authority must consider these three main aims and actively take equality into
account in all their decision-making, including:
•the way they recruit and treat their staff
•the way they devise and amend policies
•how they deliver their services
•how they pay others to deliver goods and services on their behalf.
Public Sector Equality Duty
The public sector equality duty in effect means that public authorities are required to mainstream
equality into their core functions, ie all their policies, procedures, processes, employment functions,
decision-taking, administrative functions, service design and delivery and day-to-day practices.
The specific duties (for England) are designed to help public bodies with the better performance of
the general duty by requiring them to publish relevant, proportionate information demonstrating
compliance with the general duty, and to set equality objectives. In particular, they require relevant
public authorities to do the following.
Publish, at least annually, information to demonstrate their compliance with the equality duty. This
must include information relating to employees who share a relevant protected characteristic (for
public authorities with 150 or more staff) and other people affected by its policies and practices, eg
service users.
Publish, at least every four years, one or more specific and measurable equality objectives which
support the achievement of the requirements of the equality duty.
Developing an Equality and Diversity
Policy
Although it is not required by law, there are many advantages and positive reasons why
organisations should formulate and implement an equality and diversity policy.
•promote equality and diversity in the workplace
•maximise the effective use of human resources
•ensure that no employee or job applicant receives less favourable treatment than another on
the grounds of gender, race, etc
•increase awareness of issues associated with the employment of minority groups, such as
disabled people
•the organisation and its employees to deal effectively with any instances of unlawful
discrimination (including harassment and victimisation) by means of a complaints procedure.
Developing an Equality and Diversity
Policy
To be effective, an equality and diversity policy must have, and be seen to have, the full support
of senior management (and, if relevant, trade unions).
In addition, the policy should be fully communicated to all staff, making it clear that the co-
operation is required from everyone (see Communicating the Equality and Diversity Policy to
Staff)
The introduction of an equality and diversity policy must be followed up by practical guidance
and training for all employees, especially managers and supervisors who are responsible for
recruitment and promotion decisions (see Equality and Diversity Training).
An equality and diversity policy should ideally outline the corporate approach to equality and
diversity (what the basis of this is, including reference to the business case, the law, and moral
and social considerations as appropriate), the organisation's responsibilities to its staff and
customers and the responsibilities employees have within the policy.
Key Elements of an Equality and Diversity
Policy
Different organisations will have different priorities. When designing a policy, the employer needs to
take account of the business and ethos of the organisation.
The key elements to be included in a policy are:
a definition of where overall responsibility for the policy lies (eg the board/senior management team)
the operating principles of the policy, including a clear statement of the organisation's core values,
the employer and employee responsibilities for promoting and delivering the equality and diversity
policy as well as the legal and business context
the details of the policy broken down into its component parts such as recruitment and promotion
management and staff training
how the policy will be monitored, evaluated, reviewed and amended over time (see Monitoring and
Reviewing Equality and Diversity).
The Role of the Equality and Diversity
Officer
Larger organisations can make good headway in combating unlawful discrimination, if they
appoint an equality and diversity officer who is a member of the management team and has an
appropriate level of authority. The responsibility for implementing the policy and monitoring its
effectiveness can be allocated to this person.
Communicating the Equality and
Diversity Policy to Staff
It is important that the equality and diversity policy is included within the employer's handbook,
if one exists, and to clarify whether or not it constitutes a contractual document. The reason for
this is that if the policy forms part of employees' contracts of employment, then individuals may
take legal action to enforce its terms, whether in the civil courts or, if their employment has
terminated, in an employment tribunal.
It is particularly important that the organisation's policy on equality and diversity is effectively
communicated to all employees. Every effort should be made to ensure that both the policy and
the reasons for implementing it are fully understood, and that all employees fully understand its
implications. Employees must be engaged at all levels to ensure that the policy is successful.
Embedding Equality and Diversity into
the Recruitment Process
The aim of an organisation should be to become the employer of choice for a diverse range of
job applicants. Its first task should therefore be to make sure that it has the widest possible pool
of talent from which to recruit the best employees.
To make any equality and diversity policy effective, the organisation must have information on
how its recruitment procedure works, as well as the diversity profile of applicants, shortlisted
candidates and those offered jobs. It is then in a position to analyse where the gaps are and
make targeted improvements.
Equality and Diversity and Job
Advertisements
It is important to consider the kind of image the organisation portrays in its recruitment literature and
advertising: the images should not be of only one type of person (eg young, white, male).
Job advertisements should of course be checked for discriminatory wording or unjustified requirements, for
example, "only handwritten applications accepted" could discriminate against someone with severe dyslexia or
with limited manual dexterity.
As well as checking for discriminatory wording in any of the organisation's recruitment literature, consideration
should be given to the range of publications used to advertise the vacancies so as to ensure they reach a diverse
audience.
Application Forms or CVs?
Best practice is to require all candidates to fill out a standard application form – this is preferable to requesting
CV’s as the employer has more control over the information supplied by candidates.
It is good practice to design job application forms so that personal details, eg name, gender, date of birth,
nationality, ethnic origin, marital status and age, can be entered on to a separate page of the form which can then
be detached from the main part of the form (and held confidentially by the HR department) before the
shortlisting process begins. The main part of the form can then be assigned a reference number for identification
purposes.
Application Forms or CVs?
Best practice is to require all candidates to fill out a standard application form – this is preferable
to requesting CV’s as the employer has more control over the information supplied by
candidates.
It is good practice to design job application forms so that personal details, eg name, gender, date
of birth, nationality, ethnic origin, marital status and age, can be entered on to a separate page
of the form which can then be detached from the main part of the form (and held confidentially
by the HR department) before the shortlisting process begins. The main part of the form can
then be assigned a reference number for identification purposes.
Shortlisting - Purpose of a Shortlist
The aim of compiling a shortlist is to produce a list of candidates, all of whom, on the basis of
qualifications, skills and experience measured against the competencies required, could do the
job satisfactorily. Each application should be examined carefully and measured against the
competencies set out in the person specification.
If shortlisting is carried out systematically and objectively, there should be little risk of bias and
prejudice affecting the choice of candidates for interview.
Managers involved in recruitment decisions need to take great care to avoid making
assumptions about job applicants and the type of work they would be capable of performing, or
willing to perform.
It is important also to avoid making assumptions about a candidate’s right to work in the UK
based on, for example, their surname or nationality.
Invitation to Interview
It is good practice for employers to ask all job applicants invited to attend interviews whether
they will require any adjustments, eg a different time or place for the interview, a reserved
parking space, etc.
At this stage of the recruitment process, the employer should not require candidates to disclose
whether they have a disability or ask for information about their health (see Pre-Employment
Health Enquiries in Disability Discrimination).
Interviewing
It is important that all managers who conduct recruitment interviews have received training on interview
techniques and how to avoid stereotyping, prejudice and discrimination.
The skill of interviewing is complex and it is surprisingly easy to unconsciously draw favourable or unfavourable
conclusions about a candidate based on irrelevant factors. The “halo effect” can occur when an interviewer is
initially impressed by one particular quality of the candidate or by something that they have in common with the
candidate, which then creates an unwitting rapport.
The opposite effect can also arise when something about the candidate creates an initial negative impact on the
interviewer, for example appearance. If the candidate’s colour, foreign accent, age, mode of dress or visible
disability unconsciously creates a negative impression, this could lead to the individual being rejected, a decision
that could amount to unlawful discrimination.
All stereotypical assumptions held by interviewers about people from different backgrounds should be recognised
as inappropriate and put aside.
Interviewers should also beware of rejecting a candidate on the grounds of a "gut feeling" or hunch or the vague
notion that they would not "fit in", as these feelings are often based on underlying personal attitudes and
prejudices and are likely to get in the way of selecting the best person for the job.
Interview Questions
All candidates must be asked to demonstrate how their knowledge and experience relates to
each of the competencies set out in the person specification.
It is important that the same topics and skills areas are dealt with in respect of each of the
candidates. This does not, however, mean that each candidate should be rigidly asked exactly
the same questions or that there should be no supplementary questions asked. Supplementary
questions will, in any event, be necessary, for example in order to clarify a point or to establish
information that appears to be missing.
Experience outside the workplace can be discussed provided it relates to the competencies
required for the job.
Exploration of the candidate's personal circumstances, for example questions about marital
status or childcare arrangements, are, however, unlikely to be relevant to the job and can be
unlawful, eg an assumption that because Ms X has three school-age children, her timekeeping is
likely to be erratic.
Keeping a Record of Interviews
Interviewers should take notes during the interview and, after the interview is over, immediately
complete a written assessment before the next interview, ideally marking the candidate against
headings devised as part of a points-based system.
Records of interviews should be kept for approximately six months after the appointment is
made. In the event of a claim of discrimination by an unsuccessful candidate, the employer will
be well placed to produce evidence of the way in which the selection decision was made and
why the person was rejected in favour of another candidate. The absence of documentation to
back up the recruitment process and selection decisions will not impress an employment
tribunal and will make it very difficult for the employer to defend a discrimination claim
successfully.
Equality and Diversity Training
Training is important to ensure that the organisation’s equality and diversity policy, along with
associated procedures, is delivered effectively.
While no single approach to equality and diversity training is right for every employer, there are some
core areas that organisations may want to consider as they develop their policy:
the organisation's approach to equality and diversity and why it is important
what the equality and diversity strategy means in practice
various myths about equality and stereotypes
the law on equality and discrimination and what it means in practice
the business case for equality and diversity, including why it is in the employer’s interests to have an
effective equality and diversity strategy
the roles and responsibilities of staff in enforcing the organisation's policies and procedures.
Liability
Employers are liable under the Equality Act 2010 for any act of discrimination carried out by any of
their employees in the course of their employment.
Employers can only defend themselves against claims of discrimination if they can show that they
took all reasonable steps to prevent their staff from behaving in a discriminatory way.
To protect themselves from liability therefore, employers need to:
devise and implement an equal opportunities and an anti-harassment policy
implement a complaints procedure and ensure it is made readily accessible to all workers
provide training to all employees on equality, discrimination and harassment, with additional training
for managers and supervisors who hold responsibility for recruitment and employment decisions
communicate the policies on a regular basis to all staff and take steps to ensure they are fully
understood
effectively monitor compliance.
Dealing with Complaints of
Discrimination
Despite all reasonable measures being taken by an employer to implement an equality and
diversity policy and eliminate all forms of discrimination from the workplace, individual
behaviour cannot be controlled all the time, and instances of discrimination (especially
harassment and/or bullying) may still occur.
The employer should adopt a zero-tolerance approach towards discrimination and harassment
and make it clear to all employees that any instance of discriminatory behaviour or harassment
towards a colleague will lead to disciplinary action up to and including dismissal.
A manager who receives a complaint of harassment should investigate the circumstances
thoroughly and, if the complaint is well founded, take immediate steps to put a stop to the
behaviour that is causing offence. It will also be appropriate in most circumstances to instigate
disciplinary action against the harasser.
 Monitoring and Reviewing Equality and
Diversity
The law does not require organisations to monitor the composition of their workforces, although the public sector equality duty places certain
requirements on public authorities with regard to the collection and publication of workforce equality data.
The key purpose of monitoring is to ensure that the organisation’s policy on equality and diversity is working in practice. The specific objectives of
monitoring are to:
discover any barriers to equality of opportunity; analyse the reasons for any differences in the treatment of an individual or group of individuals; identify
areas where change is needed; identify the steps necessary to overcome barriers, prevent discrimination and achieve the required changes.

Where personal data is gathered as a result of monitoring, organisations must be clear about:
why they are keeping the specific records; how they will analyse the data gathered; what they will do with it in terms of taking action.

An effective equality and diversity policy with an efficient monitoring system is an important tool to help an organisation to deliver its equality and diversity
strategy over time.
When monitoring and reviewing the diversity of the workforce, it should be remembered that:
monitoring is an important part of equality and diversity and is necessary to ensure that equality and diversity policies are working in practice; the
monitoring system should suit the organisation; for organisations with small numbers of staff a simple system is sufficient; the organisation should inform
all staff and job applicants of the reasons for monitoring and stress that all information gathered will be held confidentially; data should not be collected
for its own sake.
 Data Protection Implications
When collecting data for monitoring, employers must comply with their obligations under the Data Protection Act 2018,
particularly as some of the information concerned is likely to constitute “special categories of personal data”. Special
categories of personal data are defined as information about an individual’s:
racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership
genetic data or biometric data for the purpose of uniquely identifying the individual
health
sex life or sexual orientation.
Special category data processing may be lawful if it is done for the purpose of equal opportunity monitoring as between
different groups of people with a view to enabling equality to be promoted or maintained. For this to be lawful, the
individual’s explicit consent must be obtained and the data gathered must not be used for any purpose other than
equality monitoring (eg must not be used for short-listing or selection decisions).
Additionally, an employer must have an appropriate policy document in place when carrying out special category data
processing.
Guidance on how to comply with data protection obligations can be found in Parts 1 and 2 of the Employment Practices
Code (Recruitment and Selection and Employment Records, respectively).
 Targets
Monitoring of equality and diversity has often been associated with “targets”. This is especially the case for the public sector, where the
Government has set targets for some sectors to achieve in areas such as the ethnic profile of staff.
The concept of targets can be easily misunderstood and, for example, be associated with “affirmative action”. However, it must be
emphasised that targets are not quotas, which are unlawful. A “quota” would indicate a result that must be achieved no matter what,
whilst a “target” is something to aspire to.
Targets are one way in which an organisation can measure progress, as it develops its equality and diversity policy over time. If an
organisation finds, for example, that it employs no people with disabilities, it may want to take a number of steps to encourage applications
from people with disabilities. Such steps may include:
reviewing how the organisation advertises vacant posts
reviewing how it makes interview arrangements
signing up to the "two ticks" programme (the Employment Service's disability symbol scheme that employers can join to indicate they are
positive about the employment of people with disabilities)
implementing a training programme to improve staff awareness on issues of disability.
To measure how much progress has been made by taking defined actions, the organisation may set itself a target for the number of
disabled people it would expect to employ within a given time frame given the nature of the business, the location and its accessibility. The
actual achievements can then be compared with the target.
Training
It is important that staff are familiar with the company’s policy and procedure on equal opportunities and the
avoidance of discrimination and understand both the employer’s and the employee’s responsibilities.
Employers need to ensure that there is equal treatment and equal access to training for all staff irrespective of
gender, family status, race, religion, sexual orientation, age, disability and part-time status. The criteria used to
determine eligibility for training must be based on objective factors such as individuals’ abilities and job duties.
The following training should be carried out by all employers:
training for all line managers and others responsible for recruitment and employment decisions in equality,
diversity and the avoidance of bias
awareness training for all staff covering the need to avoid all forms of harassment and the types of behaviour that
can be viewed as harassment
induction training for all new staff to make them aware of the organisation’s policies on equality/diversity and
harassment/bullying, and the importance of following them
special training or additional training (where appropriate) for any employee who has a disability, to enable them
to perform the job to the best of their ability.
Training
Training should be flexible as regards:
timing — so as not to disadvantage female employees with children, part-time staff or those
who for religious reasons cannot work on a particular day of the week
location and venue — which should be suitable for any employee who has limited mobility or
who uses a wheelchair
duration of individual sessions and regular breaks, for example to accommodate the needs of an
employee who adheres to a particular religion to pray at regular intervals, or for an employee
whose disability makes it difficult for them to concentrate for lengthy periods
materials — for example the provision of handouts in extra large print for an employee with a
visual impairment.
If an employer buys in training from an outside provider, it is necessary to check that the
provider has sufficient awareness of the requirements of discrimination legislation.
 Additional ideas from students
Strategies Initiatives
1. Understand Diversity and Equality 1. Written policy statement, signed agreement
2. Create a gender balance in the workplace 2. 40-60% one gender type, different nationalities
3. Communication 3. Channels used- paper, PC, SM, Apps
4. Representative of all programs 4. Motivate/reward- intern, certificates, payment, food
5. Work for university 5. Class flexibility on attendance
6. Establish a sense of belonging 6. Implement student decisions in programs
7. Cultural or national events 7. Incorporate other universities
8. Communicate activities to personnel 8. Creation of a regular online template for personnel
List of Relevant Legislation
Data Protection Act 2018
The Equality Act 2010
Employment Act 2002
Human Rights Act 1998
Employment Rights Act 1996
Employment Rights Act 1996
The Equality Act 2010 (Specific Duties) Regulations 2011
Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
Fair Employment and Treatment Order (Northern Ireland) 1998
List of Relevant Cases
Green v DB Group Services (UK) Ltd [2006] IRLR 764, HC
Queenscourt Ltd v Nyateka [2006] EAT/0182/06
Majrowski v Guy's and St Thomas's NHS Trust [2006] IRLR 695, HL
London Underground Limited v Edwards (No 2) [1997] IRLR 157
Falkirk Council v Whyte [1997] IRLR 560, EAT
Armitage, Marsden and HM Prison Service v Johnson [1997] IRLR 162, EAT
Deane v London Borough of Ealing [1993] IRLR 209, EAT
Irish Case Law
Cunningham v BMS Sales Ltd DEC-E2007-006
Further Information
Publications
Guides for small businesses: Equal Opportunities in England: It’s Your Business Too, EHRC
Code of Practice on Racial Equality in Employment, EHRC
Code of Practice: Rights of Access — Goods, Facilities, Services and Premises (1996, rev
1999) (available online from the Equality and Human Rights Commission)
Fair Employment Code of Practice, Department of Higher and Further Education, Department for
Work and Pensions
Organisations
Advisory, Conciliation and Arbitration Service (Acas) http://www.acas.org.uk
Age UK http://www.ageuk.org.uk
British Chambers of Commerce http://www.britishchambers.org.uk
Chartered Institute of Personnel and Development (CIPD) http://www.cipd.co.uk
Equality and Human Rights Commission (EHRC) http://www.equalityhumanrights.com
Department for Business, Energy & Industrial Strategy (BEIS)
https://www.gov.uk/government/organisations/department-for-business-energy-an...
Department for Education (DfE) http://www.gov.uk/government/organisations/department-for-
education
Disability Alliance http://www.disabilityalliance.org
Employers’ Forum on Age (EFA) http://www.efa.org.uk
Organisations
Employment Tribunals http://www.justice.gov.uk/tribunals/employment
Employers and Work-life Balance http://www.employersforwork-lifebalance.org.uk
Equality Commission for Northern Ireland http://www.equalityni.org
Federation of Small Businesses http://www.fsb.org.uk
Local Government Association (LGA) — Workforce Team http://www.local.gov.uk/workforce
Northern Ireland Human Rights Commission http://www.nihrc.org
Opportunity Now http://www.opportunitynow.org.uk
Race for Opportunity (RfO) http://www.raceforopportunity.org.uk
RADAR http://www.radar.org.uk
Redundancy Help http://www.redundancyhelp.co.uk