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Equalities Online Toolkit

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DEVELOP Wiltshire

on 11 December 2015

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Transcript of Equalities Online Toolkit

Equalities Online Toolkit
Let's get started!
Click on each bubble to find out more!

The Equality Act 2010

Public Sector Equality Duty
The public sector Equality Duty came into force across Great Britain on 5 April 2011. It means that public bodies have to consider all individuals when carrying out their day-to-day work – in shaping policy, in delivering services and in relation to their own employees.

The Public Sector Equality Duty:

general duty to eliminate discrimination, harassment, and victimisation
advance equality of opportunity between people from different groups
foster good relations between people from different groups

DEVELOP understands the need for continual development and outreach work especially in our more rural parts of Wiltshire as well as improved representation and channels of communication between statutory and voluntary sector organisations.

DEVELOP offer solutions and practical support and actively seeks to build capacity in communities to enable effective representation.

We hope that this Equalities Online Toolkit gives organsations and individuals practical information, guidance and understanding to strengthen local communities.

Jane Windle-Hartshorn
Chief Executive

Equality, Inclusion & Diversity
Why is it important?

Today we live and work in an increasingly diverse world, a world of individuals with different cultural, ethnic and experimental backgrounds, unique styles, perspectives, values and beliefs.

Valuing equality, diversity and inclusion enhances our creativity and our understanding of different communities and allows us to develop initiatives and projects that are relevant and inclusive.
What do You Need to Know?
Most of the new Equality Act was already in place in the previous anti-discrimination laws that it replaces. This includes the Race relations Acts 1976, the Sex Discrimination Act 1975, and the Disability Discrimination Act 1995. In total there are nice pieces of primary legislation and over 100 pieces of secondary legislation being incorporated. Bringing into one piece of legislation will make the law easier to understand and apply.

As the act is an amalgamation and harmonisation of existing law, there aren't many massive changes. For example, indirect discrimination is being extended to apply to disability and gender reassignment for the first time. The prohibition on direct discrimination on grounds of pregnancy and maternity and gender reassignment will apply in schools for the first time. The Act also introduces some new provisions such as the prohibition on discrimination arising from disability.

The Equality Act became law in 2010 and now covers all nine protected characteristics of equality. This means there is now one single piece of legislation which makes it clearer for groups to understand as well as providing rights for more groups of people.
What does Equality, Inclusion and Diversity mean for us all?
The standards of behaviours that guarantee respect and dignity
Integration/Inclusion that can be achieved through equality of opportunity and access
Having a good E&D Policy should ensure positive experiences for employees, service users and stakeholders
What are the nine protected characteristics covered by the Act?
Does this apply to me?
This Act applies to the majority of groups and organisations. If you provide a service to the public, provide facilities or sell products then it will apply to you. Even if your services and/or facilities are provided for free it will still apply. The only exception may be to private clubs and associations with less than 25 members, although this might depend on other factors.
What is covered under the Equality Act 2010?
Direct Discrimination
Discrimination by Association
Perception Discrimination
Indirect Discrimination
Positive Action
Private Members Clubs/Associations
Direct Discrimination
When an individual is treated less fairly than someone else because they possess one or more of the above protected characteristics. This applies to all characteristics.
Discrimination by Association
Being treated unfairly due to association with an individual who possesses a protected characteristic. This applies to all protected characteristics except Marriage and Civil Partnership and Maternity and Pregnancy.
Perception Discrimination
When an individual is treated unfairly because they are thought to possess a certain protected characteristic. The person does not necessarily have to possess the particular characteristic for perception discrimination to occur. This applies to all protected characteristics except Marriage and Civil Partnership and Maternity and Pregnancy.
Indirect Discrimination
This is when a rule or policy (or equivalent) applies to everyone but puts those who possess a particular protected characteristic at a disadvantage. However, indirect discrimination can be justified if the reasoning behind said rule or policy (or equivalent) is to meet a legitimate aim. Reducing costs is not considered a legitimate aim. This applies to all protected characteristics except Maternity and Pregnancy.
This is unwanted behaviour, which is not necessarily directed at the particular individual, related to a protected characteristic which offends or violates the individual or creates an intimidating or humiliating environment. This applies to all protected characteristics except Marriage and Civil Partnership and Maternity and Pregnancy.
The occurs when a person has made a complaint of discrimination (or equivalent) and is then treated badly afterward. However, this will not count as victimisation if the complaint was not genuine. This applies to all protected characteristics.
Positive Action
Positive Action describes a behaviour which allows particular groups of people who share a protected characteristic. This is to allow the needs of these people to be met, particularly if they are disadvantaged or under represented. For example, disabled people can be treated more favourably than non-disabled people and steps can be taken to ensure their needs are met. Another example is targeting people of a particular race to join a local group so it is reflective of the local community.
Charities are allowed to set up groups which provide support, social activities, etc. for groups of people who share a particular protected characteristic as long as they can justify they have a legitimate aim for doing so. For example females compared to a mixed class and also attract women of particular faiths. A group cannot be set up for groups of people of a particular colour.
Private Members Clubs/Associations
Associations and clubs with more than 25 members can restrict their membership to people who possess a particular characteristic, as long as it is not restricted by colour.
You cannot discriminate against a woman because she is breastfeeding.
There are also some changes which relate to employed members of staff
Pre-Employment Health Related Checks
Extension of Employment Tribunal Powers
Equal Pay - Direct Discrimination
Pay Secrecy
Pre-Employment Health-Related Checks
Under the Equality Act 2010 employers are allowed to ask certain pre-employed health related questions, mainly relating to disability. For example, if requirements or adjustments are needed in order for the person to attend the interview comfortably. Employers are also allowed to ask questions relating to diversity, often called monitoring, which enables them to see if they are attracting candidates who are reflective of the local population.
Extension of Employment Tribunal Powers
Employers are now required to reduce the risk of discrimination towards other employees and not just the person who has made the complaint.
Equal Pay - Direct Discrimination
Now employees can raise a case of sex discrimination if they believe they would receive a higher salary if they were of a different sex, even if no comparison can be made in the organisation.
Pay Secrecy
You cannot restrict your employees from having discussions relating to differences in pay and whether they relate to protected characteristics. However, employees can insist that these discussions are not held with people from outside the workplace.
Discrimination in detail
It's against the law to discriminate against anyone in Britain.
Somebody is less favourably treated because of a protected characteristic and...

direct discrimination by association
direct discrimination by perception.
Can occur when you have a rule or policy that applies to everyone but disadvantages a particular protected characteristic. Is unwanted behaviour related to a protected characteristic that has the purpose or effect of violating a peron's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Is unwanted behaviour related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Someone is treated badly because they have made or supported a complaint or grievance under the Act.
Positive Action and The Equality Act 2010
Section 195 of the Equality Act 2010 allows employers to use positive action in recruitment and promotion.

The term 'positive action' refers to a number of methods designed to counteract the effects of past discrimination and to help abolish stereotyping.

Taking positive action is legal, if people with a protected characteristic:
are at a disadvantage
have particular needs
are under-represented in an activity or type of work
This is done voluntarily - there is no legal requirement to take positive action.
Positive action during recruitment became lawful for the first time in the UK from April 2011.

The essential guide to the public sector equality duty

For more information:
Wiltshire Council's commitment to public sector Equality Duty
Publishing Equalities Information and setting Equality Objectives is part of Wiltshire Council's compliance with the Equality Act 2010 and the council's demonstration of meeting the public sector Equality Duty.
For more information please visit :
Wiltshire Council's equality information and equality objectives document 1mb (http://www.wiltshire.gov.uk/mobile/equalities-2014-equality-info-and-objectives.pdf)
They have created an Easy Read version 219kb outlining what we have to do as part of the Equality Duty. (http://www.wiltshire.gov.uk/mobile/equalities-publishing-equality-info-2014-easy-read.pdf)

Equality of Opportunity Policy
View the Equality of Opportunity Policy 102kb (http://www.wiltshire.gov.uk/comprehensive-equality-policy.pdf)

Working in Health
What you need to know
The Equality Act - Human Rights - Mental Capacity Act
The above are all linked to the Care Quality Commissions aims. The main link between the Equality Act, Human Rights and the Mental Capacity is Disability.
Disability: A physical or mental impairment that has a long term and substantial adverse effect on a person's ability to carry out normal day to day activities.
The Equality Act 2010: Reasonable adjustments duty
The duty contains three requirements that apply in situations where a disabled person would otherwise be placed at a substantial disadvantage compared with people who are not disabled.

The first requirement involves changing the way things are done (equality law talks about where the disabled service user is put at a substantial disadvantage by a provision, criterion or practice of the service provide).
Does your organisation have rules or ways of doing things, whether written or unwritten, that present barriers to disabled people?

A practice may have the effect of excluding disabled people from enjoying access to your services. Or it may create a barrier or hurdle that might put disabled people at a substantial disadvantage to access your services.

It might be reasonable for you to stop the practice completely, or to change it so that it no longer has that effect.

Visit 'The three requirements of the duty' by The Equality and Human Rights Commission: http://www.equalityhumanrights.com/private-and-public-sector-guidance/organisations-and-businesses/duty-make-reasonable-adjustments-remove-barriers-disabled-people/three-requirements-duty
Care Quality Commission (CQC): Equality, Diversity and human Rights
Equality Diversity and the human rights of patients and employees are protected by CQC guidelines. The Care Quality Commission expects organisations to:

1. Service design: Demonstrate how they ensure that the promotion of equality, diversity and human rights are actively promoted in their services.
2. Service delivery: Demonstrate how the promotion of equality, diversity and human rights influences how the practice delivers services across the range of regulated activities being registered.
3. Patients shaping services: Show what the practice does to increase the influence of equality, diversity and human rights issues on the planning and delivering of services.
You can read more about how these guidelines apply, with examples for dentist surgeries from PPD dentistry here: http://www.ppdentistry.com/dental-management/article/cqc7
Mental Capacity Act 2005
The Mental Capacity Act 2005 (MHA) Code respect code is the following: recognition of diversity, consider person's views, wishes and feelings and follow them wherever practicable. No unlawful discrimination.
The Act has five key principles:
1. We must begin by assuming that people have capacity.
"A person must be assumed to have capacity unless it is established that he/she lacks capacity."
2. People must be helped to make decisions.
"A person is not to be treated as unable to make decisions unless all practicable steps to help him/her to do so have been taken without success."
3. Unwise decisions do not necessarily mean lack of capacity.
"A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision."
4. Decisions must be taken in the person's best interests.
"An act done, or decision made under this Act for or on behalf of a person who lacks capacity must be done, or made, in his/her best interests."
5. Decisions must be as least restrictive of freedom as possible.
"Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action."
Working with Diverse Communities in Wiltshire
Nuances of cultural differences should be researched in advance if possible to avoid misunderstanding. Just as it is important to tailor messages differently to groups with different interests it's important to understand that differences in languages, cultural norms, expectations, values and beliefs mean that a one-size-fits all approach to communicating will not succeed.
When planning an event or meeting with diverse communities: Choosing a suitable time
Timing is an important aspect of running successful events. The time of year, day of the week and time of the day in which you hold your event can all influence how willing and able people are to come along. The amount of time you're asking participants to set aside to attend should also be given careful consideration. You will need to consider each of these aspects of timing in deciding when would be best to arrange opportunities for your target audience to gather together.
Time of year
Day of the week
Time of day
Length of event
Influencing factors
Easy read – Guide to the public sector equality duty visit:
You're protected from discrimination in these situations: at work, in education, as a consumer, when using public services, when buying or renting property, as a member or guest of a private club or association.
Types of Discrimination:
When planning an event or meeting with diverse communities: Choosing the right venue
Where will be best for you to hold your event or meeting? It is important to select a venue that is appropriate for and accessible to your target audience(s).

When choosing a venue, ask yourself the following questions:
Audiovisual requirements
Other delegate requirement
Religion Background Implications for Attendance at Events
Different religions have different practices and traditions, some of which include reserving time or days of the week for worship, or restraining from certain foods.

We have created a quick summary of some religions and faiths with quick facts that can help you plan your events and be more aware of cultural differences when engaging with diverse communities. Our summary includes information about:
Promotion and Advertising of your Event or Meeting
DEVELOP can help you promote your activities, contact us on 0845 034 5250 or email hello@wearedevelop.org.uk.
Make use of community centres and other community organisations as part of your local promotions strategy. These organisations usually provide advice and information. They are a vital source of support for some and have high levels of trust and contact with the community.
At the outset is important to know which communities are in the area, which ones you wish to target and appropriate methods to be used in publicising the event. For example: Use of language, Graphic images, Social media, Audio, etc.
Use existing community networks and look at what types of community outreach are already underway in your community.
If you don't have access to your own mailing list, consider asking local community groups/networks to distribute invites to your target audience on your behalf.
Contact and work with community/faith leaders and advisers as they may be deemed to be a trusted source of communication by the community.
Peer translators: Encouraging members of the community to act as spokespeople or translators at community event can overcome some language and communication difficulties that could potentially exist. However, if you are asking a member of the community to translate spend time with them in advance to ensure that they are familiar with your message.
Consider whether translations of written materials are required or appropriate to your target audience. If they are, consider using bilingual materials (with English and the mother tongue).
Once you have made an initial contact, follow-up e-mails and letters with a telephone call or personal visits to establish relationships.
Equalities Policies
An equality policy is the name people give to a written document you can use to set out your organisation’s commitment to tackle discrimination and promote equality and diversity in areas such as recruitment, training, management and pay.

Equality law does not say you have to have an equality policy

However, having an equality policy shows your organisation’s commitment to equality for your workers and, if this applies to you, for your customers, clients or service users too.
Click here to read more about Equalities Policies from the Equality and Human Rights Commission: http://www.equalityhumanrights.com/private-and-public-sector-guidance/employing-people/equality-policies-training-and-monitoring/equality-policies
Other resources
Links to useful Equal Opportunity Policy Sites: http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice/

Advice in BSL - Introduction to information in British Sign Language (BSL) on benefits, debt, education, employment and how a Citizens Advice Bureau can help you: http://www.adviceguide.org.uk/bsl
Our legacy
Click here to find out more about the Mental Capacity Act 2005: http://www.nhs.uk/Conditions/social-care-and-support-guide/Pages/mental-capacity.aspx
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