Overview of the EQUALITY ACT 2010 Prue Grimshaw Equality & Diversity Officer November 2011
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 BEFORE 2010
GENERAL PUBLIC SECTOR DUTY In the exercise of their functions, public authorities must have due regard to the need to: To eliminate discrimination, harassment and victimisation; To advance equality of opportunity; To foster good relationships. 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).
THREE KEY AIMS GENERAL PUBLIC SECTOR DUTY To eliminate discrimination, harassment and victimisation; To advance equality of opportunity; To foster good relationships. Legal duty to have DUE REGARD to these aims in all decisions that are made..by professionals using
http:// www.equalityhumanrights.com/advice-and-guidance/new-equality-act- guidance/protected-characteristics-definitions / Disability Gender Reassignment Age – 2012 outside the workplace REDUCING BUREAUCRACY Marriage & Civil IN DELIVERING Partnerships 9 PROTECTED FAIRNESS & (for the 1 st Aim of the Duty) Sexual Orientation CHARACTERISTICS EQUALITY or THROUGH EQUALITY STRANDS TRANSPARENCY Pregnancy & ACCOUNTABILITY & Maternity Sex Race Religion or Belief KEY CONCEPTS OF THE PUBLIC SECTOR EQUALITY DUTY – WHO IS PROTECTED?
http://www.acas.org.uk/media/pdf/s/k/Equality_Act_2010_guide_for_employers_JANUARY_2011.pdf NO DIRECT DISCRIMININATION NO INDIRECT DISCRIMINATION NO HARRASSMENT NO THIRD PARTY HARRASSMENT NO DISCRIMINATION ARISING FROM DISABILITY DUTY TO MAKE REASONABLE ADJUSTMENT KEY CONCEPTS OF THE PUBLIC SECTOR EQUALITY DUTY – DUTY & PROHIBITED CONDUCT
PUBLIC SECTOR EQUALITY DUTY SPECIFIC DUTIES To publish data No later than 31st January 2012 To analyse impact To publish equality objectives 6th April 2012 For Schools to publish data & equality objectives 6th April 2012 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 objectives and assess the impact of their employment policies on equality).
IMPLEMENTATION GENERAL DUTY: Children & • Eliminate discrimination, harassment & victimisation • Advance equality of opportunity Family Services • Foster good relationships WIDE PUBLICATION Health Housing COMMUNICATION Adult Services & TESTING OUT BY THE 3 rd SECTOR & THE COMMUNITY SPECIFIC PUBLIC SERVICE Planning Services DUTY - Data Publish by end of Jan 2012 Corporate Services - Setting Equality Objectives Publish Apr by 2012 http://www.equalityhumanrights.com/ http://homeoffice.gov.uk/equalities/ http://www.acas.org.uk/index.aspx?articleid=3017
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 SERVICES INFORMATION ABOUT EMPLOYEES The make-up of the workforce The number of people from GPC who access and use services in different ways The gender pay gap & pay equality issues Customer from different GPC satisfaction levels Recruitment & retentions for staff from GPC and feedback Applications for flexible working GPC/outcomes Results of consultations (could be linked to Applications for learning & development KDRs - EqIAs) GPC/outcomes Complaints: about discrimination together with Grievances & disciplinary issues for staff from other complaints from people from different GPC GPC Service outcomes for people from different GPC Staff Surveys (Your Voice) Policies and programmes put in place to address Policies and programmes put in place to address the above issues the above issues PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES
EQUALITY IMPACT ANALYSIS 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 Sexual Marriage & Sex Religion Pregnancy & Gender Orientation Age Disability Race Civil or Belief Reassignment Maternity (Gender) Partnership (Identity) 2. THE COUNCIL SEEKS DATA & CONSULT with the 1. PREPARATION stakeholders that will be affected. Identifying the activity the Council is undertaking, its nature and who from the Council is involved. Work out the stakeholders - those who will be 3. THE COUNCIL PLANS actions to affected by the activity the Council’s activity Eliminate or monitor discrimination, harassment and victimisation Assess the impact on the 3 aims of the Public Sector Equality Duty. IF THE COUNCIL DETERMINES Promote equality of opportunity and THAT THERE IS NO IMPACT ON EQUALITY, YOUR Foster good community relations ANALYSIS STOPS HERE PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES
PUBLISHING DATA RBKC Web Site – Published Data Information & Data Information & Data Transparency London Accessible KDRs (EqIAs) Portal External Register Data e.g. HYPERLINK Census Equality Page ONS Information & Data Health Information & Data Education Cabinet Reports Exclusions Staffing Report Census Information Consultations Intranet PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES
HOW ARE WE PROPOSING TO ORGANISE THE INFORMATION FOR EASE OF ACCESS Equality information and data Equality information and data with more explanation
DEVELOPING OBJECTIVES STRATEGIC TARGETED – PURPOSEFUL MOVING FROM A to B TO ACHIEVE SPECIFIC & MEASURABLE IMPROVEMENT REACTIVE CONTINUAL PUBLISHING DATA, EQUALITY IMPACT ANALYSIS & DEVELOPING OBJECTIVES
TARGETED OBJECTIVES – SPECIFIC & MEASURABLE http://www.rbkc.gov.uk/communityandlocallife/communityengagement/equalityanddiversity.aspx 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
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