SLIDE 1
Overview of the EQUALITY ACT 2010
Prue Grimshaw Equality & Diversity Officer November 2011
SLIDE 2 BEFORE 2010
The Equality Act 2010 replaces a number of major pieces of previous legislation & 100 sets of regulations including:
- Equal Pay Act 1970
- Sex Discrimination Act 1975
- Race Relations Act 1976
- Disability Discrimination Act 1995
- Employment & Equality (Religion or Belief) Regs 2003
- Employment Equality (Sexual Orientation) Regs 2003
- Employment Equality (Age) Regulations 2006
SLIDE 3
To eliminate discrimination, harassment and victimisation; To advance equality of opportunity; To foster good relationships. GENERAL PUBLIC SECTOR DUTY In the exercise of their functions, public authorities must have due regard to the need to:
Public authorities listed in Schedule 19 of the Equality Act (e.g. local authorities, FE and HE bodies, schools, health bodies, police, fire and transport authorities, government departments). Public, private, or voluntary organisations carrying out public functions (including on behalf of a public authority).
SLIDE 4
THREE KEY AIMS
To eliminate discrimination, harassment and victimisation; To advance equality of opportunity; To foster good relationships. GENERAL PUBLIC SECTOR DUTY
Legal duty to have DUE REGARD to these aims in all decisions that are made..by professionals using
SLIDE 5 Pregnancy & Maternity KEY CONCEPTS OF THE PUBLIC SECTOR EQUALITY DUTY – WHO IS PROTECTED? Disability Gender Reassignment Marriage & Civil Partnerships
(for the 1st Aim of the Duty)
Race Religion
Sex Sexual Orientation Age – 2012 outside the workplace REDUCING BUREAUCRACY IN DELIVERING FAIRNESS & EQUALITY THROUGH
9 PROTECTED CHARACTERISTICS
EQUALITY STRANDS
TRANSPARENCY & ACCOUNTABILITY http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act- guidance/protected-characteristics-definitions/
SLIDE 6
KEY CONCEPTS OF THE PUBLIC SECTOR EQUALITY DUTY – DUTY & PROHIBITED CONDUCT
DUTY TO MAKE REASONABLE ADJUSTMENT NO INDIRECT DISCRIMINATION NO DIRECT DISCRIMININATION NO DISCRIMINATION ARISING FROM DISABILITY NO HARRASSMENT NO THIRD PARTY HARRASSMENT
http://www.acas.org.uk/media/pdf/s/k/Equality_Act_2010_guide_for_employers_JANUARY_2011.pdf
SLIDE 7 PUBLIC SECTOR EQUALITY DUTY
SPECIFIC DUTIES To publish data No later than 31st January 2012 To publish equality objectives 6th April 2012 For Schools to publish data & equality objectives 6th April 2012 To analyse impact To report progress (minimum annually)
Public authorities with under 150 employees are not required to publish information on their employees (but should collect this to help develop their
- bjectives and assess the impact of their employment policies on equality).
SLIDE 8 GENERAL DUTY:
- Eliminate discrimination, harassment & victimisation
- Advance equality of opportunity
- Foster good relationships
WIDE PUBLICATION Children & Family Services Health Housing Adult Services Corporate Services SPECIFIC PUBLIC SERVICE DUTY - Data
Publish by end of Jan 2012
- Setting Equality Objectives
Publish Apr by 2012 IMPLEMENTATION
COMMUNICATION & TESTING OUT BY THE 3rd SECTOR & THE COMMUNITY
Planning Services
http://www.equalityhumanrights.com/ http://homeoffice.gov.uk/equalities/ http://www.acas.org.uk/index.aspx?articleid=3017
SLIDE 9 PUBLISHING INFORMATION SHOWING COMPLIANCE WITH THE EQUALITY DUTY
- To eliminate unlawful discrimination, harassment and victimisation
- To advance equality of opportunity
- To foster good relations between groups
This could include information relating to: INFORMATION ABOUT EMPLOYEES
The make-up of the workforce The gender pay gap & pay equality issues Recruitment & retentions for staff from GPC Applications for flexible working GPC/outcomes Applications for learning & development GPC/outcomes Grievances & disciplinary issues for staff from GPC Staff Surveys (Your Voice) Policies and programmes put in place to address the above issues
INFORMATION ABOUT SERVICES
The number of people from GPC who access and use services in different ways Customer from different GPC satisfaction levels and feedback Results of consultations (could be linked to KDRs - EqIAs) Complaints: about discrimination together with
- ther complaints from people from different GPC
Service outcomes for people from different GPC Policies and programmes put in place to address the above issues PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES
SLIDE 10 EQUALITY IMPACT ANALYSIS PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA - EQUALITY IMPACT ANALYSIS FORM (Being updated November 2011)
- To eliminate unlawful discrimination, harassment and victimisation
- To advance equality of opportunity
- To foster good relations between groups
Age Disability Race Religion
Sex (Gender) Sexual Orientation (Identity) Gender
Reassignment
Marriage & Civil Partnership Pregnancy & Maternity
Identifying the activity the Council is undertaking, its nature and who from the Council is involved. Work out the stakeholders - those who will be affected by the activity the Council’s activity Assess the impact on the 3 aims of the Public Sector Equality Duty. IF THE COUNCIL DETERMINES THAT THERE IS NO IMPACT ON EQUALITY, YOUR ANALYSIS STOPS HERE
- 2. THE COUNCIL SEEKS DATA & CONSULT with the
stakeholders that will be affected. 3. THE COUNCIL PLANS actions to Eliminate or monitor discrimination, harassment and victimisation Promote equality of opportunity and Foster good community relations
SLIDE 11
PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES PUBLISHING DATA
RBKC Web Site – Published Data Information & Data KDRs (EqIAs) Information & Data Cabinet Reports Staffing Report Information & Data London Accessible Register Census Information Consultations Intranet Transparency Portal External Data e.g. Census ONS Health HYPERLINK Equality Page Information & Data Education Exclusions
SLIDE 12 HOW ARE WE PROPOSING TO ORGANISE THE INFORMATION FOR EASE OF ACCESS
Equality information and data Equality information and data with more explanation
SLIDE 13 PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES DEVELOPING OBJECTIVES
CONTINUAL REACTIVE STRATEGIC TARGETED – PURPOSEFUL MOVING FROM A to B TO ACHIEVE SPECIFIC & MEASURABLE IMPROVEMENT
SLIDE 14
- A target should be readily measurable and directly related to the objective, not dependent on either
the nearest fit or proxy indicators
- You should be able to state clearly either the improvement or the achievement, through specific and
time limited actions – not subject to known economic or social predictable influences
- We define the time limit – not the process under the specific duties i.e. a four year objective
reviewed annually
- It is an ongoing not one off process, taking as long as we predict and then being replaced as
necessary help to focus effort, attention and resources on specific equalities/issues in order to achieve
demonstrable improvement
- For the Council to look at what we are doing now – trawl existing plans for TARGETED OBJECTIVES that “fit
the bill”
- Review our current information, equality assessments and data, for warranted attention and a TEO
- Be alert to new info, developments that may give rise to improving equalities through TEOs
CONSULTATION ON THE APPROACH BY END OF NOVEMBER
TARGETED OBJECTIVES – SPECIFIC & MEASURABLE http://www.rbkc.gov.uk/communityandlocallife/communityengagement/equalityanddiversity.aspx
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