Human Resources

Equality, diversity & inclusion

Equality and Diversity - Legal Requirements

通过本指南中概述的程序不仅有助于确保不发生歧视, but also will assist in providing evidence of good practice when resisting any claims of discrimination which may be made to an Employment Tribunal.

Those involved in the process of recruitment, 挑选和委任人员必须了解相关的法例,并必须确保不违反这一点. 

Equality Analysis

Do you know what an Equality Analysis (EA) is?
Have you been tasked with completing one?
你是否正在制定一项新的策略/项目/政策/服务,或修订现有的策略/项目/政策/服务?
你是否为你的员工/服务安排搬迁办公室/大楼?

An equality analysis is simply a risk management tool to ensure legal compliance with the Public Sector Equality Duty (Equality Act 2010) and ensure best management practice.

It is a project planning aide that helps us in ensuring that we have transparent and fit for purpose policies and consultation and communication plans and can help us evidence that we are not discriminating against anyone, 黄金城安全购彩正在为所有人提供平等的机会,黄金城安全购彩正在促进所有人之间的良好关系. 这是一个清单,可以帮助黄金城安全购彩考虑对所有涉众的影响, be they staff, students, visitors, partners etc. and supports us in thinking about being inclusive and accessible to all and in creatively making reasonable adjustments.

(很好的做法是你们几个人一起填这个表格. 最佳实践是从一开始就让所有涉众参与到帮助实施EA的过程中. 当然,资源和时间可能不允许您这样做.)

下载下面的表格,如果您在填写EA时需要任何支持,请联系 A.M.MacKinlay@wilmingtonhop.com (Telephone: 01509 222389).

请注意,现在有一个在线表格,提供有用的指导说明,以帮助您完成EA. 

Loughborough University Equality Analysis Template Form

There is an online training course available which takes around 30 minutes to complete through Organisational Development and Marshalls (who provide our online Equality & Diversity online courses).

Equality Act 2010 - Introduction

This Act came into force on 1st October 2010.  The Equality Act replaces nine laws and 116 regulations to make it easier for employers to understand discrimination legislation.

合并的九项主要立法是:

  • the Equal Pay Act 1970
  • the Sex Discrimination Act 1975
  • the Race Relations Act 1976
  • the Disability Discrimination Act 1995
  • 《2003年就业平等(宗教或信仰)条例
  • 《2003年就业平等(性取向)条例》
  • the Employment Equality (Age) Regulations 2006
  • the Equality Act 2006, Part 2
  • 《黄金城》

该法案适用于英格兰、苏格兰和威尔士,其条款正在逐步生效.  有些规定只有通过后续法规才能实施. 

The Act identifies nine 'protected characteristics'. They are:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

Direct Discrimination

The Equality Act gives a new definition of direct discrimination; “direct discrimination occurs when a person treats one person less favourably than they would another because of a protected characteristic”.

Direct discrimination may occur if, for example:

  • A Higher Education Institution (HEI) or students’ union decides not to interview a Muslim applicant for a job because it assumes, on the basis of their religion or belief, that he or she will not be prepared to work in a bar
  • 一家高等教育机构认为女性不适合参加面试,所以只把男性求职者列入面试名单
  • 一所高等教育机构拒绝让一名使用轮椅的职员前往住院处
  • An HEI does not offer a training opportunity to an older member of staff because they assume that they would not be interested, and the opportunity is given to a younger worker
  • 假定某一职位不适合某一性别或种族的申请人进行招聘
  • 而不是根据婚姻状况来筛选申请人, sex, religious belief, sexual orientation, disability status or ethnic group
  • Refusing to employ a man in a ‘women only’ workplace
  • Operating a policy or practice of having no female employees (no married women) above a certain level or seniority in a particular grade.
  • Failing to appoint a woman because she is pregnant
  • Setting selection tests for one group which are not applied to another (for example English Language tests being set for Asian applicants which are not set for white applicants)

基于关联的歧视可能发生,例如:

  • A member of staff, 谁的孩子患有注意缺陷多动障碍, 是否因为担心孩子的行为而被拒绝参加毕业典礼或员工活动
  • 一名员工的晋升机会被忽视,因为他们的伴侣经历了性别重置

基于感知的歧视可能发生,例如:

  • An employer decides not to promote a female employee because senior staff believe her to be pregnant irrespective of whether she is pregnant or not
  • A mental health and wellbeing officer refuses to work with a member of staff because they believe the staff member to be gay irrespective of whether the staff member is gay or not

Indirect Discrimination

Indirect discrimination occurs when a provision, criterion or practice is neutral on the face of it, 但它的影响尤其不利于那些具有受保护特征的人, 除非适用该条款的人能够证明它是达到合法目的的适当手段. 最终,如果得到检验,将由法庭或法庭来决定什么是正当的.

Indirect discrimination may occur if, for example, an employer who requires staff to commit to working from 8pm to 11pm every evening indirectly discriminates against women, who are more likely to be primary carers of children, unless this can be objectively justified as above. Examples:

  • Advertising a vacancy within an organisation which employs very few women or members of ethnic minorities at that post’s level
  • 询问有关婚姻状况、家庭和育儿责任的问题.  (对两性都问同样的问题并不一定能确保不歧视.  The use of the information may still be discriminatory.)
  • Setting an age limit or qualification which cannot be justified (this may particularly disadvantage women who have taken a career break to have children)
  • Only using word of mouth to advertise a vacancy
  • Setting a condition which cannot be objectively justified on business grounds which disadvantages on grounds of religion or belief

Unfair Discrimination

不公平的就业歧视是偏见的结果, 妨碍正确考虑个人才能的错误观念和成见, skills, abilities, potential and experience.  它可以是直接的或间接的,有意的或无意的. 公平和透明的招聘程序至关重要,因为招聘是获得就业机会的门户. 法案中没有任何条款阻止黄金城安全购彩雇佣最适合这份工作的人. 

All forms of job advertisement, including emails, direct mail, signs, university notice boards, 以及在报纸上向公众做广告, the web, TV and radio are covered by the Act. 因此,你必须通知员工的缺席工作(如妇女产假, 那些长期病假和那些兼职或远程工作的人).

要小心询问教育和资格证书的日期,因为这可能会暗示年龄. 确保在招聘过程中有可访问的格式,如电子邮件, Braille, easy read, large print, audio-tape and computer disc etc.

Short listing, selection tests, assessment centres and interviews must be accessible, transparent and fair. Selection should be irrespective of any protected characteristic unless it is a genuine occupational requirement (section 4.7).

征聘过程应尽可能考虑到日期和时间, 不与宗教节日或仪式相吻合, dietary needs and cultural norms. 某些测试可能因为年龄和残疾而间接具有歧视性,例如那些有利于良好听力的测试, vision or muscular strength. 这些测试需要被证明是"达到合法目的的适当手段". 为残疾申请人预期合理的调整是一个很好的做法.

Harassment

The Act outlines three types of harassment:

  • 以制造恐吓为目的或效果的不受欢迎的行为, hostile, degrading, 对投诉人有侮辱性或冒犯性的环境, or violating the complainant’s dignity (this applies to all the protected characteristics apart from pregnancy and maternity, and marriage and civil partnership)
  • unwanted conduct of a sexual nature (sexual harassment)
  • 对一个人不如另一个人好,因为他们要么屈服于, or did not submit to, 性骚扰或与性别或性别重置有关的性骚扰

Harassment may occur if, for example, a member of staff, student, contractor or visitor makes comments on an applicant’s sexuality or age in a way that makes the applicant feel uncomfortable.
The perceptions of the recipient of the harassment are very important and harassment can have been deemed to have occurred even if the intention was not present, but the recipient felt they were being harassed.

Victimisation

Victimisation takes place where one person treats another less favourably because he or she has asserted their legal rights in line with the Act or helped someone else to do so.

Victimisation may occur if, for example:

  • an applicant is refused a job due to having made a complaint of unfair treatment at a recruitment exercise or who previously supported a colleague/employee in submitting a formal complaint.

Genuine Occupational Requirement (GOR)

There are certain circumstances where an employer can discriminate; this is when a genuine occupational requirement applies (formerly Genuine Occupational Qualification: GOQ). Examples:

  • 真实的:属于表演需要真实的种族群体的, modelling or a ‘special ambience’, e.g.: Chinese waiter/waitress for a Chinese restaurant
  • where the job holder provides services or welfare which can be provided most effectively by a person of that racial group

Being a man or a woman is a GOR only where

  • 真实性是必须的,例如表演或模特
  • Reasons of decency/privacy e.g. changing room attendants
  • 工作将在单人监狱或医院进行
  • The job involves working outside the UK in a country whose laws and customs are such that duties could not be performed by a person of the opposite sex
  • 法律要求这个人必须是特定的性别.g. women are not legally permitted to work down the mines

Being of a particular religious belief

  • For example Head teacher of a faith school

Being of a Particular Sexual Orientation

  • 这项工作只能由具有特定性取向的人来完成

With all potential GORs, they should be checked with the relevant Departmental/School HR Adviser to ensure you are working within the legislative boundaries. 

Regarding age, 不同的待遇是合理的,如果它是达到合法目标的适当手段. However, this can be a difficult test to meet. For example, it is unlikely that an HEI would be able to justify rejecting a candidate for a frontline student services role on the basis that they are ‘too old to identify with students’. The HEI would have to use objective evidence to justify that the role could only be undertaken by someone of a particular age group, 这与为学生提供服务的目标是成比例的. 在高等教育的大多数情况下,这种理由可能很难满足. 直接歧视的新定义扩展了基于联想和感知的保护, already applicable to race, sexual orientation and religion or belief, to include age, disability, gender reassignment, sex and pregnancy and maternity.

Disability Discrimination

该法案规定歧视残疾人为非法行为.  Disability is defined as “a long term physical or mental condition which has a significant adverse effect upon a person’s ability to undertake normal day to day activity”.  在这项立法中,长期被解释为预期持续12个月或更长时间. 提供必要的合理调整是一种积极的责任.  Job applicants who believe they have been unjustifiably discriminated against may take their complaint to an Employment Tribunal.  正当理由必须对特定案件具有实质性和实质性的意义.

该法案规定,以特殊方式对待残疾人是一种歧视, because of their disability, 相当于在无法证明治疗是合理的情况下对他们不利. For this type of discrimination to occur, the employer, or other person, must know, or could reasonably be expected to know, that the person has a disability. 

Failure to make reasonable adjustments

The Act will continue the existing duty upon Higher Education Institutions (HEIs) to make reasonable adjustments in relation to staff. These adjustments apply where a disabled person is placed at a substantial disadvantage in comparison to non-disabled people. 

第一项要求要求高等教育院校必须考虑他们做事的方式. For example, 适当考虑改变只提供纸质申请表格的做法. 高等教育机构将需要考虑调整这一做法, 并以其他格式提供申请表格和信息.  第二个要求与对建筑环境进行更改有关, 例如提供通往办公室/演讲厅的包容性通道.  第三项规定要求高等教育院校在提供辅助设施和服务时,须给予应有的重视, 例如,为视力受损的员工提供电脑屏幕阅读软件.

在招聘过程中允许残疾人士申请的例子如下:-

  • Extra time to complete the test
  • Provision of a reader or scribe during the test
  • 如果一个人的残疾阻碍了他在这样的考试中的表现,他会接受较低的通过率
  • 根据残疾情况提供口头或口头测试.

Enquiries about disability and health 

HEIs should note that the Act introduces new provisions which make it unlawful for an employer to ask about the health of a job applicant either before offering work to an applicant, or before including an applicant in a pool of shortlisted candidates from whom the employer intends to select a person to whom to offer work.

雇主仅通过询问申请人的健康状况并不违反该法, though the way in which the employer uses any disclosed information could be a contravention of a relevant disability provision.

HEIs will continue to be able to, and should, ask all applicants whether they require any reasonable adjustments or support during the recruitment and interview process.

HEIs will also continue to be able to ask monitoring questions establishing whether there are disabled applicants applying for job positions. As Loughborough is signed up to the Two Ticks scheme, monitoring is important in order to give guaranteed interviews to disabled applicants who meet the essential criteria for a post.

Gender Pay Gap

新的性别薪酬差距报告职责的细节已经公布 here. 大学被要求在通过以下途径获得的门户网站上公布差距和叙述声明: http://genderpaygap.campaign.gov.uk/. 学校必须在最迟的时间发布符合平等义务的信息 30 March 2018. Subsequently, annually

Positive Action

Further provisions under the Act, 与招聘和晋升有关, came into force on 6 April 2011.

The new positive action provisions mean that it is not unlawful to recruit or promote a candidate who is of equal merit to another candidate, if the employer reasonably thinks the candidate:

  • has a protected characteristic that is under­represented in the workforce; or
  • 具有这种特征的人会遭受与这种特征相关的劣势.

In practice it allows an employer faced with making a choice between two or more candidates who are of equal merit to take into consideration whether one is from a group that is disproportionately under-represented or otherwise disadvantaged within the workforce. 这有时被称为“平局决胜局”或“引爆点”. But this kind of positive action is only allowed where it is a proportionate way of addressing the under-representation or disadvantage. 

However, positive action does not allow an employer to appoint a less suitable candidate just because that candidate has a protected characteristic that is under-represented or disadvantaged.

Examples:

  • An employer has a vacancy for one of its senior jobs.  All the other senior jobs at that level are done by men.  The employer conducts a recruitment exercise and at the end of a stringent and objective process finds that two applicants – a man and a woman – could do the job equally well.  雇主可以决定采取积极行动,把工作交给女性. But the employer couldn’t give the job to the woman if the man would be able to do the job better than her – that would be unlawful direct discrimination against the man.
  • 一个雇主正在为其毕业生培训计划招聘人员.  经过第一轮考核,雇主确定20名候选人.  由于有许多候选人实力相当,所以在入围名单的第20名出现了决胜局.  The employer decides to use the positive action provisions to advance a candidate from a BME background to the next round of recruitment, 因为BME背景的人在公司里的代表性不足.  This would mean that the non-BME candidates could not claim unlawful race discrimination for not being put on the shortlist.

Positive action is entirely voluntary – there is no requirement for an employer to use the provisions in recruitment and promotion.

新增就业立法(2010年《黄金城安全购彩》未涉及)

Fixed Term Employees

The regulations prevent fixed term employees being treated less favourably than similar permanent employees and limit the use of successive fixed term contracts. 连续定期合同的使用期限将限制在4年以内, 除非有客观理由证明进一步使用定期合同是合理的.  For the purposes of this part of the Regulations, 由2002年7月10日起累积的服务将会被计算为四年的限额.  如果四年后续签定期合同, 它将被视为一份无限期的合同, 除非固定期限合同的使用具有客观上的合理性.

A fixed term contract employee has the right to ask their employer for a written statement confirming that their contract is permanent or setting out objective reasons for the use of a fixed term contract before the four year period.  From 1 October 2002, the end of a task contract that expires when a specific task has been completed or a specific event does or does not happen will be a dismissal in law.  Employees on these task contracts of two years or more will have a right to a written statement of reasons for this dismissal and the right not to be unfairly dismissed. 合同持续两年或两年以上,因裁员而未续约, the employee will have a right to a redundancy payment.

Employees who believe their rights have been infringed under these regulations may take their case to an Employment Tribunal.

Part-Time Workers

Legislation in relation to part time workers ensures that part time staff are not treated less favourably than comparable full timers in their terms and conditions of employment unless objectively justified.  Part timers are entitled to:

  • The same hourly rates of pay
  • The same access to pension schemes
  • 按比例享有同样的年假和产假/陪产假
  • The same entitlement to contractual sick pay
  • No less favourable treatment in access to training

The Rehabilitation of Offenders Act 1974

申请人可以保留被用于该法案其他目的的定罪信息.  这将包括各种各样的违法行为,但范围可能从停车定罪到小偷小摸. Where this is the case, convictions cannot normally be taken into account when considering someone’s suitability for a post unless it is a post where all convictions may be taken into account.  这方面的例子包括工作人员将与脆弱的人或儿童一起工作, examples include teaching, law and medicine. 有些信念永远不会被“花掉”,而是会被考虑进去.  These are likely to be for serious convictions such as assault and fraud and are defined as those with custodial sentences in excess of 30 months.  Where criminal record checks are required, this is undertaken under Disclosure; criminal record checks are made by theDisclosure and Barring Service (DBS).  Further details are available from Human Resources.

Human Rights Act 1998

该法案进一步落实了《黄金城安全购彩》保障的权利和自由. 第14条申明禁止基于诸如性别等理由的歧视, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

The Asylum and Immigration Act 1996

The Asylum and Immigration Act 1996 places an obligation on the employer to check an individual’s eligibility to work in the UK.  This check must be carried out at the time of offer of employment and any offer will be conditional on the provision of acceptable documentation, 这表明个人在英国工作的权利.  This check should be made of all prospective employees, 无论他们的认知或已知的种族或国籍.  个人需要担保人证明的情况, 在个人从事任何工作之前,必须确保这一点, paid or unpaid.