Equality and Diversity and the RAE Simon Inger Catherine Hole Diana Newport-Peace Marlene Bertrand Welcome. Who we are, why we’re all in the team. Who you are and your variety of experience

This session Why are we doing this? Legal framework for equalities and diversity RAE context Case studies The RAE dry run This is what will happen this morning. Case studies you’ve had – we won’t go through all of them but will hand out notes to all – the idea is to get you discussing and processing the thoughts. Other participants pointed out that in discussion they’d reached different conclusions than they would alone – should surprise no-one here.

Objectives Awareness of the legislative framework for RAE 2008 across the University - current laws relating to equality and diversity and to employment. Information for robust and defensible RAE submission decisions; to protect the legal rights of individuals considered for inclusion. Compliance with the University’s code of practice for preparing submissions to RAE 2008. E&D much more explicitly considered in RAE2008 – lots of law, complex and changing situation. It’s about making the best possible RAE submission for the University – not excluding people who would add to the case but have been disadvantaged in some way. 3) Protecting individuals – give them the best chance of success and protecting us against legal challenge 4) Ensuring that we do the process right – not challenged by external audit because if we don’t get this right we will be rumbled. More broadly, diversity is a hot issue, rapidly expanding legal landscape but also culture change so we can’t afford to stand still because if we don’t adapt the competition will. Let me tell you a story…(stride length regulations) The more people we can get to engage with the issues and rehearse some of the often messy thinking around E & D, the more that kind of thinking will get embedded into the everyday business of the University and we can hopefully uncover and eliminate our own stride length regulations.

How much do we know? What % of all academic staff (R,T and R&T) in UK Universities are female? a) 29% b) 40% c) 53% What % of disabled people are born with their disability? a) 8% b) 35% c) 60% On average, how much less do black and minority ethnic academic staff earn compared to their white colleagues? a) 5% b) 12% c) 19% Among full-time academic staff, 61% of white staff have permanent contracts. What % of Asian staff in the same group have permanent contracts? a) 21% b) 36% c) 66% In RAE 2001, 37% of all male academics were counted as research active. What proportion of female academics were considered research active? a) 19% b) 32% c) 50% Let’s kick off with a quick quiz – five topical questions covering a variety of diversity issues. Two minutes to discuss these with your neighbour and we’ll see how we did.

How much do we know? What % of all academic staff (R,T and R&T) in UK Universities are female? a) 29% b) 40% c) 53% What % of disabled people are born with their disability? a) 8% b) 35% c) 60% On average, how much less do black and minority ethnic academic staff earn compared to their white colleagues? a) 5% b) 12% c) 19% Among full-time academic staff, 61% of white staff have permanent contracts. What % of Asian staff in the same group have permanent contracts? a) 21% b) 36% c) 66% In RAE 2001, 37% of all male academics were counted as research active. What proportion of female academics were considered research active? a) 19% b) 32% c) 50% Feedback: 40% of staff but 8% of professors, 46% of Research 1B THM = people become disabled while at work – need help and good management, can’t assume disabled people have got it all worked out. 3,4) This is about loading into certain grades and job roles – historical reasons behind this? 5) Same again – is this a loss of potential talent? Take-home message (slides 1, 3-5): there are inequities in the HE system: trick is to unpick why they have built up over the years and try to find ways of resetting the balance.

What is diversity? Race Gender Disability Age Sexual Orientation Religion & Belief Terms and conditions of work Trade union membership What do we mean by diversity? – Legally speaking……

Diversity and the Law “It is unlawful to discriminate against someone on the grounds of their sex (including gender reassignment), sexual orientation, marital status, race, colour, nationality, ethnic origin, religion, beliefs, disability, pregnancy or childbirth, or because they are a member of a trade union. It is also unlawful to discriminate against part time workers.” (and fixed-term contract workers) Source: A-Z of Equality and Diversity, AUA, March 2005

What is discrimination? “Constituting, setting up, observing a difference between; making distinction.” OED The RAE is all about discrimination – based on clear criteria applied to all RAE is about discrimination: this is where uncertainty arises - can we talk about applying the same criteria to all and yet treat certain groups more favourably?

What is discrimination? “[Unlawful] discrimination takes place when an individual or group of people is treated less favourably than others because of factors unrelated to their merit, ability or potential.” Source: A-Z of Equality and Diversity, AUA, March 2005 What we have to avoid is unlawful discrimination, which happens when factors are at play which are not about merit, ability or potential. Issue here is that we judge people by the same standard, but we’re careful about whether different groups have had the same opportunities to reach those standards. We aim to treat people fairly, which is not the same as equally.

Direct discrimination “Direct discrimination occurs when factors unrelated to merit, ability or potential of a person or group are used as an explicit reason for discriminating against them.” Eg, not employing a pregnant woman because her upcoming maternity leave will be an inconvenience. Eg, not employing a disabled person as their use of a wheelchair might be inconvenient to other colleagues. Source: A-Z of Equality and Diversity, AUA, March 2005 Get further into discrimination

Indirect Discrimination “Indirect discrimination occurs when there are rules, regulations or procedures in place that have a discriminatory effect on certain groups of people.” Eg. dress code, age bar, stride length Source: A-Z of Equality and Diversity, AUA, March 2005 This is the tricky one. The underpinning principle is that certain groups of people will be affected disproportionately by a given criterion.

The academic context Universities must : Eliminate discrimination Promote equality of opportunity Monitor and plan action Have policies – shaped and enacted by all staff and students Refer to ECU booklet Refer to last point – policies useless without engagement

Positive Duty For race, gender and disability, Universities must be strategic, proactive and organised in achieving equality of opportunity ie. monitoring and understanding imbalances and taking action to correct them; providing additional training

University action / successes Women’s and Men’s support network & events Self – Organised staff groups- race, LGBT, Disabled staff, religion and belief Springboard - personal development programme Equalities and Diversity Committee and E+D Network Conferences, seminars and workshops – awareness raising and promoting equality Childcare voucher scheme (Care4) Providing equipment and adjustments for disabled staff- increasing accessibility Equality action outlined in Annual action plans

Diversity thinking Equality of opportunity, eliminating discrimination Taking advantage of diversity, maximising contribution and success Close by saying that this is how E & D thinking has moved on. Equality, non-discrimination – everyone thinks that’s a good thing but there is still bias in the system To move things on now people are talking about celebrating and exploiting diversity for maximum success. From deficit model to benefit(?) model

Legislative Framework for RAE 2001 Equal Pay Act (1970) Sex Discrimination Act (1975) Race relations (Amendment) Act (2000)

Legislative Framework for RAE 2008 Employment Act (2002) Paternity and Adoption Leave Regulations (2002) Gender Recognition Act (2004) Disability Discrimination Act (2005) Equality Act (2006) Part-time workers (Prevention of less favourable Treatment) Regulations 2000 Fixed-term employees (prevention of less favourable treatment) Regulations 2002 Working time directive / Regulations 1998

Legislative Framework for RAE 2008 Employment Equality (Religion and Belief) Regulations (2003) Employment Equality (Race) Regulations (2003) Employment Equality (Sexual Orientation) Regulations (2004) Employment Equality (Sex Discrimination) Regulations (2005) Employment Equality (Age) Regulations (2006) Equal pay act (1970) Sex discrimination act (1975)

RAE 2008 – What else is new? Increased emphasis on equality and diversity Provision for taking account of ‘special circumstances’ affecting research volume (case studies) Equalities training for RAE panel members University Codes of Practice Equality Profiling

Code of Practice A transparent framework for decision making Relevant to decision makers and researchers In training packs & at www.bath.ac.uk/rae To be reviewed regularly

RAE 2008 – the rules Guidance on submissions Panel criteria and working methods Generic statement Main panel statement Sub-panel statement AND University policies Relevant English/UK Law

Case studies What relevant legislation (if any)? Issues re. the decision to submit in the RAE Any accompanying comments to submission? Could anything have been done differently in the past? Advice to Head of Department / Group now?