Derby Equality & Diversity Network Welcome to EQUALITY ACTion 2010 Putting the EQUALITY ACT into ACT ion – what does it mean for you?

Thank you to our sponsors derbyshire FRIEND Mental Health Services NHS Trust

Derby Equality & Diversity Network EQUALITY ACTion 2010

EQUALITY ACTion made simple by Tina Attenborough ATTENBOROUGH LAW Employment Law & HR Solutions

The Equality Act 2010 From 1 October, discrimination law is set to change - radically? The Act will replace all of the UK’s current discrimination and equal pay laws Familiar legislation will be repealed New Act contains 218 clauses and 28 schedules!

Who is protected? Age Sex Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race, Religion or belief (including caste discrimination) Sexual orientation Discrimination is defined as less favourable treatment because of certain “protected characteristics”, namely:-

Unlawful Acts Prohibited conduct in the workplace includes:- Direct and indirect discrimination Harassment Victimisation Discrimination arising from disability, including failure to make reasonable adjustments Instructing, causing or inciting others to discriminate, harass or victimise

“Unwanted conduct related to a relevant Protected Characteristic (other than pregnancy and maternity and marriage and civil partnership), which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual” Under the new Act, employees can complain of offensive behaviour even if it is not directed at them personally The claimant need not possess the relevant “Protected Characteristic” themselves Harassment

Extended so that employers will be liable for harassment of their employees by non-employees (eg. a customer or contractor) Liability only where harassment has previously occurred on two or more occasions where the employer was aware but failed to take reasonable steps to prevent it Third Party Harassment

No longer require a comparator to establish victimisation Potential drafting problems - s27 Proceedings under previous legislation not a “protected act”! Victimisation

Where a disabled person is treated in a particular way (because of the disability) and that treatment cannot be justified London Borough of Lewisham v Malcolm [2008] IRLR 700 HL Disability Discrimination

The costs of making reasonable adjustments to allow for a person’s disability is the responsibility of the employer This explicitly includes the provision of information in an accessible format (eg. Braille) Disability Discrimination

If a claimant alleges they were excluded from the recruitment process as a result of their disability, it will be up to the employer to prove otherwise Be careful when asking health or disability- related questions during the recruitment process Disability Discrimination

The Equality Act 2010 The Act will also... Render unenforceable any “secrecy clauses” preventing employees discussing their pay Force private sector employers with over 250 employees to make public any pay differentials between male and female staff Allow Employment Tribunals to make recommendations for the wider workforce as well as the individual claimant

Implications for the Public Sector The Act will create a General Equality Duty requiring public authorities to have due regard to:- –eliminate discrimination, harassment and victimisation –advance equality of opportunity –foster good relations between different groups

Other specific duties (currently under consultation by the Government Equalities Office) will also apply to:- –Central Government Departments –Local Government –NHS –Some Educational bodies –Other various non-departmental Public Bodies Implications for the Public Sector

Requesting equality information Checklists Standard contract terms A fairer future Public Procurement

Proposed Duties Bodies with more than 150 employees will have to publish:- –data on equality in their workforce (by April 2011, and annually thereafter) –specific and measurable objectives, setting out how they will meet the requirements of the General Equality Duty (by April 2012, and thereafter at least four-yearly) –regular impact assessments

Your Views Proposals still in draft Consultation period ends 10 November To download the consultation, and put forward your views, go to specific_duties_consultation.aspx

A Few Recent Cases Employer could not justify the requirement for job to be done full time Employers can force employees to retire at 65 Dismissal to avoid pension costs was found to be age discrimination

Question time ?

Derby Equality & Diversity Network EQUALITY ACTion 2010

Place your chosen image here. The four corners must just cover the arrow tips. For covers, the three pictures should be the same size and in a straight line. Inclusion & Diversity Catherine Hamilton & Simon Langley Past & Present UK Inclusion & Diversity Managers

National Grid in the UK

An introduction to National Grid  Who are we:  UK / US – Gas / Electricity – Transmission / Distribution  Largest utility in UK, second largest in US (28,000 employees circa)  Our recently launched brand ‘Power of Action’ is a commitment by all our employees to make a difference in our daily lives such as:  I&D, energy solutions, protect environment, enhance safety, care of our communities.  Who we employ:  Mainly electrical and mechanical engineers  Clerical and admin staff (emergency call centres)  All business functions (Legal, HR, Finance, Supply Chain)  Schemes (Graduates / Students / Apprentices / Foundation Engineers)  At March % female and 13.2% BME.

Our Brand – The Power of Action Be inclusive and diverse

Our I&D journey so far ……..   Launched our vision – to create an environment for change  Hosted a number of focus groups - to create a baseline position  Set up a global executive steering group and established line of business structures - to demonstrate accountability  Formed employee networks - to better understand diversity issues   Developed metrics – to understand under representation  Established external relationships – to benchmark and share ideas  Part of Chairman's award – to recognise level of Board support  Transition from I&D awareness to I&D action – to embed  Conducted a strategic review – to monitor progress and better appreciate emerging factors

Inclusion & Diversity Strategic Review  The development and launch:  the I&D Business case  the Inclusion Charter  Appointment of a project role to drive the initial phase forward  Inclusive Leadership workshops  Development of a revised set of global I&D goals  Refocus of the Employee Networks  Establish a new governance structure

Building trust, transparency and an inclusive and engaged workforce Developing our talent, leadership skills and capabilities Lead from the Top

I&D Business Case  Delivering engagement and productivity which set benchmarks in the industry  Attracting and retaining the talent capable of delivering against the growth strategy  Being recognised externally as the foremost electricity and gas company

Inclusion Charter I expect to be Respected and included as a valued member of the team, regardless of my background Able to contribute at work to the best of my ability Helped to grow my capabilities and fulfil my potential Appreciated for the work I do, whatever my role Able to raise concerns about issues that I feel are important and confident that they will be properly considered Treated fairly and not limited by others’ assumptions about me Able to strike a work-life balance that works for me and the company Able to observe the commitment to building a sustainable inclusive environment

Inclusion Charter I will myself Listen to other people and seek to understand before I judge Recognise the needs of others and treat them with respect and consideration Take action and ownership to make others feel included and valued Keep an open mind to different ways of thinking and doing things Develop my skills and knowledge to maximise my potential and the contribution I can make Challenge behaviours that I feel are not in line with National Grid Values Treat every colleague, customer and member of the public with respect, integrity and dignity

2012 Inclusion & Diversity Objectives  Create a culture of an inclusive workplace for all. (Employee Survey)  Achieve 25% of women and 16% of ethnic minorities employed by National Grid  Improvements at all levels within the organisation where under representation exists.

Inclusive Leadership Course “I think its absolutely the right thing to do. Fundamentally it's just about treating each other with respect.” “a very thought provoking session – and impacting more broadly than just the National Grid world” “Performance Management discussions were an easier discussion as I appreciated the wider issues” “I have set up one of my female staff with a female mentor and this is proving a successful move” “Inclusivity is far more difficult to bring about than respect for diversity” “Simple things/actions can be damaging to the workplace”

Training for All  Foundations of Leadership  Orientation programme  Learning Bytes  Coaching 2 programme

Walk the Talk Young Offenders Programme Women Empowered – Chairman's Awards winners Sponsorship of Special Olympics

Impact at 2009/10  30% of new recruits are female against 22.6% currently in post – excellent performance in a science based industry  2 Women now on our Executive Committee and 2 non-Executive Board members are female  20% of new recruits are BAME against 13.5% in post  Considerate Treatment in the Employee Survey up 10%  78% of employees say they are treated fairly, up 9% from previous year. With women at 82%.  2009 Performance Management ratings showed no gender bias  Average rating of 4.6 (out of 6) from Senior Managers Inclusive Leadership Course  13% of employees are members of Employee Resource Groups

Employee Resource Groups In partnership with I&D and the Business Veterans 3600

Benchmarking/Awards  Times Top 50 Where Women Want to Work  Workingfamilies.org.uk  Race for Opportunity  Stonewall Workplace Equality Index  Women on their Way  Opportunity Now (BITC)

Any Comments or Questions?

Derby Equality & Diversity Network EQUALITY ACTion 2010

Derby Equality & Diversity Network EQUALITY ACTion 2010 Ask The Audience Vanessa Boon, Director, Energise

Derby Equality & Diversity Network EQUALITY ACTion 2010 Workshops – Inclusive Leadership - Conference room (front half) Employment Checklist - Conference room (rear half) The Customer Experience - Training Room 1, this floor Purchasing Power - Training Room 2, this floor Attracting Diverse Talent - Training Room 3, this floor Engaging Diverse Groups - Training Room 8 – upper level

Derby Equality & Diversity Network EQUALITY ACTion 2010 Taking Pride: what has your organisation done to promote equality that makes you feel proud?

Derby Equality & Diversity Network EQUALITY ACTion 2010 Thank you for taking part Please give your feedback forms to your facilitator Thank you