Diversity & Equality Committee
Equality Impact Assessments
Toolkit
May 2008 Amended July 2009
This document is available in alternative formats upon request. Please contact Darren Mooney on 01244 511138 or email [email protected] Section Content Page Part 1 Introduction and Background information 1 Introduction 2 Equality Groups 2 What is an Equality Impact Assessment? 3 Three Equality Duties 3 Legal Context 4 What should be assessed? 6 Who is responsible for carrying out EQIA? 6 Involvement of Equality groups 7 When should EQIA be carried out? 8 University Equality Policies 8 Stages of an Equality Impact Assessment 9 Role of University Committees 12 Part 2 Carrying out the Equality Impact Assessment of 14 your policy Stage 1 Mapping 15 Stage 2a Completing the Screening Template 16 Stage 2b Prioritisation 19 Stage 3 Completing the Full Equality Impact 21 Assessment Template Stage 4 Consultation 33 Stage 5 Reporting and Publication 36 Stage 6 Monitoring and Review 37
Appendix 1 Definitions 38 Appendix 2 Sources of Data and Statistics 41 Part 1
Introduction and Background information Introduction
1. The Equality Impact Assessment Toolkit is designed to assist member of staff who develop or review policy, practice and criterion at the University of Chester in completing the Equality Impact Assessment (EQIA) process.
2. This toolkit has been designed as a step by step guide on completing the three EQIA templates in order to ensure all policies, provision and criterion of the University do not unlawfully discriminate against any Equality Group.
Equality Strands
3. The equality strands covered within this process are:
Age Disability including Mental Health Gender identity / expression (Male, Female, Trans) Race, Ethnicity, Nationality, Colour or Creed Sexual Orientation (Homosexual, Bisexual, Heterosexual) Religion and Belief including Non Belief
NB: Marital Status and Civil Partnership Status can be included under Gender and Sexual Orientation respectively
4. It is important to remember that people have multiple identifies and can be categorised into multiple equality strands. When conducting impact assessment it is important to see the person and not to make unsubstantiated assumptions or stereotypical opinions.
Example 1: An International female student from Malaysia, who is a Muslim, will have a different cultural background, experiences and expectations than a UK born female Muslim student of Pakistani decent or a female Muslim student from Nigerian decent. Figure 1 Overlapping identities
Example 2: A student who is born blind will have different needs than some one who becomes blind as a result of injury or gradually over time. The student born blind will probably have grown up learning to read Braille, use canes and maybe a guide dog or work with Speech Software, whereas the other student probably won’t be able to read Braille and may have limited experience using computer software.
What is an Equality Impact Assessment?
5. An Equality Impact Assessment is defined as a detailed and systematic analysis of the potential or actual effects of a policy or practice, provision or criterion in order to ascertain whether it has a differential impact on identifiable groups of people (i.e. a different impact on some one because they are gay or female or Catholic compared to the ‘norm’)
6. In other words the EQIA is a tool to review all the Universities functions to ensure that they do not disadvantage any member of the University community, its customers or stakeholders. In effect it is not dissimilar from a Health and Safety Risk Assessment exercise to reduce or remove risk before it can occur.
7. Over the long term, the EQIA process will create a cultural change within the institution whereby all aspects of University business are considered by their impact on groups. By promoting an inclusive culture the University creates an environment where all are valued.
Three Equality Duties
8. As a Public Authority the University is required to implement the three equality general duties. All staff in carrying out the public functions of the University are legally required to implement the equality duties. The three equality duties are:
3 Race Equality Duty Universities have a ‘general duty’ to have due regard for:
the need to eliminate unlawful racial discrimination the need to promote equality of opportunity between persons of different racial groups the need to promote good relations between persons of different racial groups.
Disability Equality Duty Universities have a ‘general duty’ to:
promote equality of opportunity between disabled persons and other persons eliminate discrimination that is unlawful under the Disability Discrimination Act (1995) eliminate harassment of disabled persons that is related to their disabilities promote positive attitudes towards disabled persons take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons.
Gender Equality Duty Universities and colleges have a ‘general duty’ to:
Eliminate sex discrimination Promote gender equality.
Legal Context
9. The three ‘General Duties’ outlined above, are known as positive equality duties. They require more than simple compliance with the law, they require proactive promotion of equality of opportunity and elimination of discrimination.
10. Underpinning each General Duty are a number of ‘Specific Duties’, most notably the requirements to:
Produce and publish an Equality Scheme1. To monitor staff and student numbers and progression by Disability, Gender and Ethnicity.
1 See University of Chester’s Disability and Gender Equality Scheme’s and Race Equality Action Plan
4 To assess the impact of the University’s policies, provision and criterion by Disability, Gender and Ethnicity.
11. The requirement to assess the impact of our policies on the grounds of Race was introduced by The Race Relations Act (Statutory Duties) Order 20012 and came into effect in May 2002, on the grounds of Disability by The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 20053 and came into effect on the 5th December 2006 and on the grounds of Gender by The Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 20064 which came into effect on the 5th April 2007.
Other Equality Strands
12. There is no legal requirement to conduct Equality Impact Assessments on the grounds of Religion and Belief, Sexual Orientation or Age. However, the University has adopted a proactive and all-encompassing Equality Impact Assessment Process which shall include the diversity strands of;
Age Religion Belief and Non belief Sexual Orientation including Civil Union Status
13. Although there is no legal requirement to conduct EQIA on the grounds of Age, Sexual Orientation or Religion, Belief & Non Belief, the University does have a legal requirement not to Directly Discriminate, Indirectly Discriminate, Harass or Victimise staff, students or customers on these grounds. The EQIA process provides a robust mechanism to ensure that the institution is compliant with these legal requirements.
14. It is also expected that over the coming years the three excluded equality strands will be included within the specific duties to impact assess. By including them now, the University will be able to comply with the future legal requirements immediately.
15. Furthermore, there are many functions of the University which may disadvantage one group of users over another. The full impact assessment process provides an opportunity to look at these areas, including:
Mode of Study e.g. part time, full time, e-learning, distance learning, and Foundation degree. Offending past e.g. criminal convictions. Country of Origin e.g. Home Student, International Student, Ireland and island students etc. Employment Contract e.g. Full Time/Part Time, Fixed Term/Permanent contracts etc.
2 http://www.opsi.gov.uk/SI/si2001/20013458.htm 3 http://www.opsi.gov.uk/si/si2005/20052966.htm 4 http://www.opsi.gov.uk/si/si2006/uksi_20062930_en.pdf
5 Trade Union membership or none. Other grounds e.g. Poverty, Homelessness, immigration status, language, social origin etc.
What should be assessed?
16. All formal and informal policies, provision and criterion need to be assessed. In practical terms this means that the following should be assessed:
Policies Strategy documents Procedures Partnership Agreements Guidelines Business Plan Codes of Practice Annual Operating Statements Quality Manuals
Criterion e.g. Job Specifications, tests, entry requirements Services e.g. Transport, Gym, Pastoral Support, Education, Human Resource support Projects e.g. Building works, refurbishments, relocations,
(This is not an exhaustive list)
17. ‘Provision’ would also be extended to include all Academic and Human Resource processes and documents including;
Programme Validation Documents Programme Specifications Staff Training Events
18. All new policies are to be assessed before they are approved. Assessment and re-assessment of policies should occur no less frequently than every three years.
19. From hereon in ‘Policy’ shall be used to refer to all functions covered within the scope of the EQIA process.
Who is responsible for carrying out EQIA?
20. The strategic ownership of the University’s EQIA process rests with the Equality Impact Assessment Steering Group, chaired by the Deputy Vice Chancellor. The purpose of this group is to oversee the process, to ensure departments meet their deadlines and to develop templates and assessment tools.
21. The EQIA Steering Groups itself is a subgroup of the Diversity & Equality Committee.
6 22. The responsibility for carrying out an individual EQIA must rest with the person who is writing or reviewing the policy in the first instance (hereon in called the policy owner). It is advisable that at least two people work on the EQIA process. It is recommended that those assessing a policy have:
Knowledge and understanding of the policy and its implementation. Knowledge and understanding of equality. An ability to be objective about the policy.
23. It is unrealistic to expect the Universities Diversity Officers alone to access all the policies of the University. This would require the Diversity Officers to have an in-depth working knowledge of all aspects of the institution.
24. The Diversity Officers can be involved as part of the team when conducting the assessment exercise and as specialists in equality law to aid the process, though in most ways involvement will be indirect through training and development exercises and the creation of resources to aid in the process.
25. It is recommended that representatives of different equality groups are involved within the drafting process of the policy and within the Equality Impact Assessment processes.
Involvement of Equality Groups
26. Involvement goes beyond simple consultation; it requires representatives from equality groups to be actively involved within the drafting process of the policy and / or the Equality Impact Assessment process.
27. The benefit of this approach enables people affected by the policy or people with specialist knowledge to identify best practice and to facilitate it being embedded within the drafting process.
28. Examples of groups who could be involved within this process include:
Students from equality groups Staff from equality groups Student Societies e.g. LGBT Society, Christian Union Staff Support Group e.g. Disability Staff Group Equality Representatives from Partner Organisations Charities Trade Union Representatives Sector specific working groups and committees
29. The practicalities of organising and running Involvement and consultation exercises should be discussed before you begin the EQIA process. You will need to make the decision as to which policies you are going to seek the opinions of equality groups from, if you are going to assign resources to this process (though some groups may consult for free, you may need
7 to provide refreshments, documents and transport. This is specifically relevant when consulting disability groups and the likely hood that you will need to produce alternative formats for documents).
When should EQIA be carried out?
30. All new policies should be assessed as part of the drafting process. This should occur early enough for mistakes to be corrected but late enough for a considered judgement to be reached.
31. Full consideration of how a proposed policy is likely to affect people from diverse backgrounds and circumstances should be an essential ingredient in all stages of the policy development, from inception to implementation.
32. For existing policies the University has adopted the following broad timescale:
December 2007 All policies Mapped
January 2008 New policies to undergo a complete Equality Impact Assessment
June - December 2008 All mapped policies screened and prioritised if a complete EQIA is required.
June - December 2009 All existing policies to have undergone a complete EQIA
University Equality Policies
30. When conducting an assessment of a policy, it is important to bear in mind the pre-existing equality policies and action plans which may outline an area of activity your policy may need to include. The main equality policies are:
Diversity and Equality Policy Disability Equality Scheme and Action Plan Gender Equality Scheme and Action Plan Race Equality Policy Dignity at Work Policy
Other policies could include
Equal Pay Policy Flexible Working Policy Maternity Leave and Pay Policy Parental Leave Policy
8 Stages of an Equality Impact Assessment
The Equality Impact Assessment process can be broken down into 7 stages: Stage 1 Mapping exercise
31. A mapping exercise is a systematic method of collecting information on all the areas of work, responsibilities and other relevant functions of the University. All formal and informal policies are to be identified before impact assessments take place. Part 2 of the toolkit provides further information.
32. The benefits of this approach will be two-fold: it will provide a focus for the University to identify all policies and allocate responsibilities for impact assessment accordingly, and It will allow the University to look at impact assessment within our own operational context.
Stage 2a - Screening Process
33. All policies are to be initially screened for equality relevance using Appendix 6 of the Disability Equality Scheme (DES). Completing this process will determine whether a full impact assessment will be required.
Stage 2b – Prioritisation
34. Based on the information gathered, screened policies are to be given a priority (Low, Medium or High), to determine the order in which policies are to be assessed and the resources allocated to each.
35. When deciding to undertake an impact assessment of a policy, and when assigning a priority status, it is important to emphasis relevance of, and proportionality of the policy.
36. This process should be regarded in the same way as any good management practice and resources for impact assessment should be directed to the policies, functions and practices which have the greatest relevance and impact on equality and diversity.
Stage 3 - Full Impact Assessment
37. Full impact assessment will be carried out on policies where an adverse impact has been identified. Appendix 7 of the Disability Equality Scheme (DES) will be used to conduct a full EQIA.
Stage 4 – Consultation*
38. Consultation is to occur throughout the impact assessment process with equality target groups, though reviewed policies are to be open to public consultation before final approval and adoption. Please refer to Part 2 of the toolkit which provides further information before you start your assessment.
10 Stage 5 – Reporting & Publishing
39. The policy owner will write a report of the main findings of the impact assessment and will email this report to the Diversity Officer/s. Contact details are available at the end of this document. Completed Assessments will be published on the internal and external websites.
Stage 6 – Monitoring
40. Assessed policies will be monitored for future adverse effects. Data collection, analysis and re-assessment will take place no less frequently than every three years.
11 The role of University Committees
41. Where a University Committee, (including Sub-Committee, Working Group, Steering Group or Project Group) is responsible for approving policies, procedures or criterion or is itself the owner of the policy, it is the responsibility of that group to ensure that an equality impact assessment has been carried out before it is approved.
42. As noted in para 19-23 the responsibility of conducting a EQIA rests with the policy owner or author. They are also responsible for ensuring that the outcome of the EQIA is reported to the committee. In the first instance the committee chair should request the completed report with the submission of the policy for approval.
43. Failure to submit a report or the completed EQIA documents does not mean that the policy can not be approved. This is at the discretion of the committee. It must be noted that the committee must take responsibility for failing to ensure an assessment was carried it if a complaint is lodged or the University is requested to report of its progress.
Screening
44. When a policy has been screened the outcome can be reported in three ways: a. A covering note with the policy outlining the main outcomes, recommendations and priority b. Completed page three of the screening form ‘Timetable for impact assessment’ c. The submission of the completed screening document for committee scrutiny.
45. The policy owner will have assigned a priority (Low, Medium or High) to the policy for a Full Impact Assessment. The committee should ensure that the priority is suitable (see ‘How to assign priority’ page 16 for additional details). If the priority is not suitable the committee should amend the status.
46. If the committee is unsatisfied with the screening it has the responsibility to require a new screening to be completed or require a full impact assessment to be conducted on the policy.
Full Impact Assessments
47. It is recommended that the policy owner produce a report on the outcome of a Full Impact Assessment and submit this to the committee with the policy, instead of the completed assessment document.
48. This will allow the policy owner or author to identify the key outcomes from the assessment for the committee. See Stage 5 page 29 for the recommended format of the report. 49. The committee can request the full impact assessment documents if it so wishes throughout the process.
Recommendations
50. If there are recommendations from the report committee chairs should:
a. Outline how each action is to be completed, by who and by when. b. Outline what chair actions can be carried out if required to enable the policy to pass the assessment. c. If assigned High Priority decide if the policy can still be implemented in the interim or must be rejected for immediate amendments.
What to do if no assessment has been carried out
51. If no assessment has bee carried out on the policy committee chairs must:
a. Identify why no assessment has been conducted b. Identify when the policy is due to be assessed (see para 52) c. Decide whether the policy can adopted without needing a assessment report (see prioritisation) d. Outline when and by whom the assessment will be conducted
52. There are a number of reasons why a policy may not be accompanied by a impact assessment. They are:
a. The policy has been ratified and a subservient committee which has approved the impact assessment b. Superficial amendments have been made which does not alter the scope or context of the policy c. Policy review planning has assigned the document a review date within the 3 year period from its first adoption d. The policy is a departmental version of an institutional policy which has not been altered and therefore is not owned by the department.
13 Part 2
Carrying out the Equality Impact Assessment of your policy Stage 1
Mapping
53. It is essential that all University policies are collated and included in the mapping and included in the Policy Matrix (or equivalent).
54. This process must capture all existing policies and functions your department is responsible for. This will ensure that nothing is missed out.
55. Policies owned by other department which you use but haven’t amended are the responsibility of the other department. If you have identified their policy as one that may need assessing, contact the policy owner in the first instance.
56. If you have adapted a University policy for your own use you will have to access the parts of the policy unique to you. You may want to do this in conjunction with the other departments concerned.
57. To map your policies you can use the EQIA Policy Matrix template, appendix 5 of the DES.
Figure 2 Example of completed Matrix after policy mapping exercise. Stage 2a
Completing the Screening Template
58. The screening process is a preliminary stage in the impact assessment process. It can be viewed as a mini assessment, used to ascertain whether the policies aims and objectives have an impact on any area related to equality and diversity.
59. Policies that are judged to have an impact on an equality and diversity area can then, using the screening process, be scrutinised without resources being diverted to those that are not.
60. Using the 3 broad categories of YES (relevant), NO (not relevant) and UNKNOWN, the screening process can be used to establish levels of priority – Low, Medium or High.
61. Most policies will relate to equality in one way or another, as such the screening process is a useful tool with which to identify areas for immediate attention.
62. It is important to emphasis the relevance and proportionality of the policy, provision and criterion you are screening and ultimately assessing. From the mapping exercise you will have identified the number of policies your department will need to assess. If your department has a large number of policies, provision or criteria and a limited time to conduct the screening, it is suggested that you spend some time reviewing the list of policies and deciding what order and time frame you will screen them.
63. It may be useful to consider which of the policies are due to be reviewed soon as part of the review cycle and therefore could wait and be screen during its review. When deciding which polices are more important to select, think about the scope of the policy, how many people or business areas it effects. you may want to spend some initial time deciding which policies Some departments will have a greater number and you may want to consider identifying which policies will be looked at first to manage the work load. Bare in mind the scope of the policy and the workload it will take to assess the policy.
64. Resources for impact assessment should be directed to the policies, functions and practices which have the greatest relevance and impact on equality and diversity.
It is important that policies which have a greater relevance are screened first over policies that have little effect or scope. Once you have decided on the order you can begin the screening process.
65. Before attempting to complete the Initial Screening form (appendix 6 of DES) for your policy you need to be sure that you have enough evidence with which to make a judgement on the affects of your policy or proposed policy. How to use this section
The following information is to be used in conjunction with the template document you are using to assess your policy. For each section of the template, the corresponding number can be found in the sections below. Use the information below to guide you when completing the templates.
Section on Comment Screening Form
1. Outline here what the purpose of the policy is Examples include; it outlines the University’s position on Maternity Leave or it details a strategy for increasing student participation.
2. Outline here the scope of the policy, what it includes or outlines.
3. Outline here why the policy is needed, why it is being drafted and who’s responsibility will it be to implement it.
4. Is the policy implemented by all areas of the University or is it specific to one or more departments only? Can other departments alter the policy to meet their requirements? If this is the case how will you screen the policy and the amended versions?
5. Who are all the stakeholders in the policy? The stakeholders may include:
University Students Employees Professional Bodies Government Sector Organisations etc
6. Outline here what data, research and information you are using to inform your policy development and the screening process. Stage 3, section 2 and appendix 2 of the toolkit give further information on data usage.
7. After you have reviewed the data you are using for the screening process, indicate with a cross in the table whether you have identified any evidence for higher or lower participation/usage/satisfaction etc. rates. Gives details to justify your findings
8. Indicate with a cross in the table whether you have identified any evidence that each equality group has different needs or
17 experiences when accessing University services. Give details to justify your findings.
9. Indicate with a cross in the table whether you have identified from your research if policies similar to your own has resulted in adverse effects on each equality strand. Give details to justify your findings.
10. Can the policy be altered to promote equality of opportunity or community cohesion? If it can please provide details, if it can’t please justify your findings.
11. If you do not have sufficient information to answer question 9 please indicate here which groups or organisations you should consult to fill in any gaps in your knowledge.
12. Have you identified any gaps in your data collection for monitoring purposes? If you have, describe here what data you need to collect and how you intend to do this.
13. In questions 7,8 and 9 you are asked to indicate a YES to indicate a ‘relevant’ impact or NO ‘no relevant’ impact. Taking into account if you have identified and Impact (Yes or No), in your opinion is a Full Equality Impact Assessment required?
If you have identified any adverse impacts, discrimination, trends or results from your research then it is likely that you will have to conduct a full EQIA. If the policy has no equality impact then most likely there is no need to conduct a full assessment. Please justify your decision
14. Please outline here any further comments
18 Stage 2b
Prioritisation
66. Once you have completed the Initial Screening template on your policy, you need to complete the ‘Timetable for impact assessment’ template.
67. Complete the information boxes detailing the title, author and department which own the policy.
68. Answer question 1 giving the policy a priority for a complete assessment, based on the information obtained at stage 2a.
69. When deciding to assign priority for a policy which requires a Full Impact Assessment it is important to take into account the relevance and proportionality of the policy.
70. Resources for impact assessment should be directed to the policies, functions and practices which have the greatest relevance and impact on equality and diversity.
How to assign priority
For a policy to be prioritised as Low it will need to meet one or Low more of the following criteria Screening has identified no impact or probably no impact on one or more equality groups. The policy has little impact or affects a minority of university business. Equality groups have been consulted and have prioritised the policy for assessment as Low
For a policy to be prioritised as Medium it will need to meet one Medium or more of the following criteria: Screening has identified an impact or probable impact. Equality groups have been consulted and have prioritised the policy for assessment as Medium. Equality groups have been consulted and have prioritised the policy as High but other operational consideration in your opinion reduces the priority level. The policy is ‘low level’ e.g. an operational policy affecting a small area of business as opposed to a ‘high level’ which is a strategic or department wide operational policy. The policy is due to be reviewed within 1 year and the policy is not directly discriminatory
For a policy to be prioritised as High it will need to meet one of 19 High more of the following criteria: Screening has identified an impact with clear evidence of discriminatory practices on one or more equality groups. The policy has a wide reaching effect influencing major university business. Equality groups have been consulted and have prioritised the policy for assessment as High. The policy is illegal There is case law evidence of discrimination of a similar policy. Complaint has been upheld.
71. Once you have given the policy a priority indicate when it should be reviewed e.g. immediately, 1 year, 2 year, 3 year (maximum). The date for review should take into account the policies pre-existing review cycle and the EQIA Time table as outlined in the University Equality Action Plans (See Part 1 Para 22 for further information)
72. Completed questions 2 to 3 as requested. Indicate with the last question whether a full assessment will be required.
73. If you indicate YES please complete the full impact assessment templates (appendix 7 DES) for your policy. If you indicate NO Please go to Stage 5 Reporting and Publishing (page 29)
Checklist
74. Use the checklist attached to the Initial screening form template (appendix 6 DES) to check that you have completed the screening process of your policy.
The checklist does not have to be included in the submission of the completed screening form with the policy, nor with any subsequent reports or covering notes. The checklist is simply a tool to aid policy owners when conducting the screening
20 Stage 3
Completing the Full Equality Impact Assessment Template
Introduction
75. This section of the EQIA Toolkit will look at how to complete the Full Equality Impact Assessment. We will look at each of the questions and provide additional information and explanations to assist you with completing the form.
76. As previously outlined throughout this document the word ‘Policy’ will be used as an inclusive term covering policy, provision and criterion.
77. NB italic writing is text from the Full EQIA Template.
Completing the Full Assessment Template
78. It is advisable that the Full EQIA is not carried out by a single individual. As no single person is an expert of all areas of diversity and equality it is advisable to utilise the experience of both policy developers and users. It is also advisable to include service users from specific target groups in order to inform EQIA.
Use the information below as a guide when completing each section on the template. The Section Numbers correspond with the numbering on the template
Section 1 – Aims / Status n/a Complete the details about the policy, name, assessor, date etc a) Outline here what the purpose or the aims and objectives of the policy are. Examples include; it outlines the University’s position on Maternity Leave or does it detail a strategy for increasing student participation. b) Your policy is being created or exists for a specific reasons with a specific aim. Which group is the policy going to support or who is going to be using it. Examples are students, staff, public, graduates, parents, professional body, local authority or government department. c) A policy should not be developed with out first involving the users of the policy in order to ensure that it meets the needs of both the institution and the user. Outline here how stakeholders have been involved. Examples include membership of reviewing committee, consultation, focus groups or other research. d) Outline here what the policy aims to achieve Examples; to reduce complaints, to meet a legal obligation, to increase participation on a programme, to recruit staff, to maintain stock, to reduce disruptions etc e) Detail here the resource implications of implementing the policy. These could be short term or long term. The broadest interpretation of resources should be used including money, staffing, equipment, time etc. f) Research informed policy development should be integral to all new policies. When writing this policy, what research have you used to inform its development and to come to the position you have reached? Examples include customer feedback, national reports, focus groups, data and statistics, journal articles etc g) Is the policy still in development or is it in its final draft? Has it been approved by a working group or committee or is it awaiting adoption? h) When do you expect the policy to become a live document?
Section 2 – Examination of Available Data a) It is important to involve different groups in the policy drafting process. Disabled customers, female staff or Muslim students are the experts in how a policy affects them.
Involvement goes beyond consultation and should be attempted first. This is particularly important when reviewing disability impact.
Examples include;
Lesbian, Gay, Bisexual & Trans (LGBT), female/male, different religious communities etc staff, students, charities, local and national governments organisations, lobby groups, customers and other stakeholders, local community, Higher Education Academy,
22 Trade Unions, Student Unions, Student Clubs and Societies, Professional Organisations etc b) a & b Outline here existing in house University data both qualitative and quantitative which is relevant to the policy. What data are you using to inform the policy development process? Examples include; enrolment data, progression and retention data, research papers, recruitment, retention and progression of staff data, Audits, staff satisfaction survey, student satisfaction surveys, training and module feedback, committee minutes and reports, project evaluation reports etc c) a & b Outline here existing external data both qualitative and quantitative which is relevant to the policy. What data are you using to inform the policy development process? Examples include National Student Survey, Employment tribunal Data, Commission for Equality & Human Rights reports and recommendations, legal cases and awards, Other University benchmarks, Government and local government reports and data, Census data, Higher Education Statistics Agency Data, National Health Service data, Trade Union data, Research Journals and Reports, peer reviewed papers etc d) a & b Once you have reviewed the existing data, are there any gaps that you may need to fill in before being able to fully access the impact of the policy? For example do you have enough data on the potential or actual impact of your policy on Lesbian, Gay or Bisexual people, Hindu’s, Men, over 50’s etc? e) Taking into consideration all of the data, can the policies aims and objectives still be achieved? Example:
23 70.If you have identified any gaps in the available data you may need to fill these before you can continue with the assessment process. This may require you to conduct research, consultations, and focus groups or involve different people in the process. Appendix 2 of this toolkit provides further information on data.
Section 3 - Impacts a) You have now reviewed all the available data and have filled any gaps in your knowledge. Outline here what the likely impact the policy will have on all users. Outlined if the impact is intended or unintended and is the effect positive or negative?
What is the intended impact of the policy on all users? Increased attendance, recruitment, increased income
What may be the unintended impacts of the policy on all users? Is the effect positive or negative? Does the data support the expected outcomes of the policy or are there unexpected outcomes?
3b.i.I Will the policy have more of an impact on different age groups? This impact could be beneficial or detrimental. If the effect is detrimental to different age groups tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.II.a Will the policy have more of an impact on people with a physical or sensory impairment (mobility impaired, visually impaired, hearing impaired, Manuel dexterity etc)? This impact could be beneficial or detrimental. If the effect is detrimental to people with a physical or sensory impairment tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.II.b Will the policy have more of an impact on people with a Mental Health difficulty (Bi-polar, depression, anxiety etc )? This impact could be beneficial or detrimental. If the effect is detrimental to people with a Mental Health difficulty tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy.
3b.i.II.c Will the policy have more of an impact on people with a Specific Learning Difficulty (Dyslexia, Dyspraxia, Dyscalculia, Irlens Syndrome, Asperges etc )? This impact could be beneficial or detrimental. If the effect is detrimental to people with a Specific Learning Difficulty tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and 24 if so what will be done to change the policy.
3b.i.III.a Will the policy have more of an impact because some one is a male or female? This impact could be beneficial or detrimental. If the effect is detrimental to sexes tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy.
3b.i.III.b Will the policy have more of an impact because is, intends to or has undergone a Gender Reassignment, has Gender Dysphoria or is Trans? This impact could be beneficial or detrimental. If the effect is detrimental on the grounds of Gender Reassignment tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.IV Will the policy have more of an impact because of someone Marital or Civil partnership status? This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy.
3b.i.V Will the policy have more of an impact because someone is Pregnant or is on or will require Maternity leave? This impact could be beneficial or detrimental. If the effect is detrimental to tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.VI.a Will the policy have more of an impact because of someone’s Racial Identity (e.g. Race, Ethnicity, Colour)? In addition you may wish to consider institutional racisms and racist attitudes.
This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.VI.b Will the policy have more of an impact because of someone’s Country of Origin (e.g. Asylum Seeker, Refugee, Visa Status, Fee Status etc)?
This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.VI.c Will the policy have more of an impact because of someone’s Language proficiency (e.g. First Language, Second Language, qualifications, translations etc)?
This impact could be beneficial or detrimental. If the effect is 25 detrimental tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.VII Will the policy have more of an impact because of someone’s Religious Belief, or equally their non belief? Equally this can include someone perceived religious belief or non belief.
This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy. 3b.i.VIII Will the policy have more of an impact because of someone’s Sexual Orientation (e.g. Lesbian, Gay, Bisexual, and Straight)? Equally this can include someone’s perceived sexual orientation.
This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is, whether this is legal, and if so what will be done to change the policy.
There is no legal requirement for the areas covered in sections 3.b.i.IX – XV to undergo any equality impact assessment processes. This section is here in order to allow the policy to be reviewed and developed to be as inclusive as possible. There may be other legal or policy objectives covering some of these areas and this should be considered if you decide not to complete the following sections.
3b.i.IX Will the policy have more of an impact because of someone’s past criminal convictions? This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is and if the policy needs to be amended. 3b.i.X Will the policy have more of an impact because of someone’s mode of study (e.g. Full Time, Part Time, Distance Learning, Foundation, PG) etc? This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is and if the policy needs to be amended. 3b.i.XI Will the policy have more of an impact because of someone’s type of Employment (e.g. Full Time, Part Time etc)? This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is and if the policy needs to be amended. 3b.i.XII Will the policy have more of an impact because of someone’s membership or lack of membership of a Trade Union, or activity within the Union movement? This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is and if the policy needs to
26 be amended. 3b.i.XIII Will the policy have more of an impact because someone has been in Care (State care, foster care, adopted etc) This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is and if the policy needs to be amended.
The University is committed to supporting students from care, and currently has the Frank Buttle award. 3b.i.XIV Will the policy have more of an impact because of someone’s Socio-economic background . This impact could be beneficial or detrimental. If the effect is detrimental tick the ‘Yes’ box. Set out what this impact is and if the policy needs to be amended.
It should be noted that government objectives specifically relate to Widening Participation. It should also be noted that class and economic background intertwine with race, gender and disability and can’t not necessarily be separated. 3b.i.XV Outline here any other areas you have looked at through this impact assessment process. c) If you have identified the policy as being directly discriminatory e.g. it discriminates against someone simply because they are ‘gay’, ‘black’, ‘male’ etc tick YES, alternatively tick NO if you haven’t. d) i If you have identified the policy as being indirectly discriminatory e.g. it applies a criterion, provision or practice which disadvantages people of a particular group tick YES, alternatively tick NO if you haven’t. d) ii If you ticked YES to di can this be justified in order to meet a particular aim of the policy or for reasons that could be justified in court?
Example
The specialist biology Lab is on the 1st floor and there is no lift to access it. It is a requirement for students to undertake core modules which use the lab. This would indirectly discriminate against mobility impaired people taking the course or teaching on the course. It could be objectively justified indirect discrimination because the cost to build the lift is an unreasonable undertaking in the short term, as long as the University has plans to build a lift. e) It is lawful for an organisation to permit ‘positive action’ if it can justify that doing so will meet a legitimate aim. Positive Action is 27 whereby a particular policy is adopted which benefits a particular group which is under represented
Does the policy promote positive action? If you tick NO go to Q f if you ticked YES please describes.
Example:
Establishing a Disability Staff Group in order to provide support mechanisms
A University would specifically advertise in Afro-Caribbean or Asian press and radio in order to recruit more students from these groups
A University creates a training programme on which only women can enrol. The training programmes aims are to increase the number of female applicants for managerial posts and ultimately to break the so called ‘glass ceiling’ This policy would discriminate against men.
Please note Positive Discrimination is generally illegal. The only exception is Reasonable Adjustments for disabled people to ‘level the playing field’ and where a Genuine Occupational Qualification (e.g. Indian staff to work in an Indian restaurant to make it authentic or a female welfare officer to work in a female refuge) can be justified.
A Genuine Occupational Qualification would be highly unlikely to be justified within a Higher Education setting. If you are unsure please seek legal advice f) Genuine Occupational Requirement - Recruitment and selection on the grounds of a racial group, gender, disability, sexual orientation or religion/belief is allowed in certain jobs where being of particular racial group, sex, disability, sexuality or religion/belief is a genuine occupational requirement for that job. For example, recruiting a member of a religious group to perform acts of worship for that group is lawful, whereas hiring a person of a particular religious group to clean the windows of a building used for worship could be unlawful if that person was chosen on the grounds of his/her religion. Also it would be acceptable to recruit from a particular sex if the job involved intimate or personal care or procedures. A number of cariteria need to be met, some of which include:
Physiology or authenticity - Where a specific type of person is required for reasons of physiology or, in dramatic performances or other entertainment, for authenticity. 28 Privacy and decency - Where it is necessary to preserve privacy and decency - if the job is likely to involve close physical contact (not just physical proximity) with a person. This GOQ may be used where actual physical contact or close proximity may occur and the identity of the person performing the job must be necessary, rather than preferable, for doing the job.
Private households - This GOQ may apply where the jobholder will have social or physical contact with a person living in a private home, or the job will entail knowledge of intimate details of such a person’s life.
Single-sex establishments - This GOQ may apply in circumstances where the job is done in a hospital, prison or other establishment for persons requiring special care, supervision and attention where those persons are all of one sex and it would not be reasonable, having regard to the essential character of the establishment, for the job to be done by a member of the opposite sex.
Personal welfare and counselling - A GOQ may be claimed where the holder of the job provides individuals with personal services promoting their welfare or education, or similar personal services, which can most effectively be provided by a member of a specific sex. To support this claim the employer will have to show that the nature of the services is directly related to the sex of the person providing them. An employer cannot rely on stereotyped assumptions about a specific sex.
If the policy require a GOR seek legal advice immediately before proceeding with the Equality Impact Assessment. g) Although a policy may not legally be directly or indirectly discriminatory or illegal, there still remains the possibility that is has an adverse impact on different groups. This will apply more to groups where there is no legal protection from discrimination under equality law, specifically question d) XIV.
Each equality law has its own specific regulations and requirements which are not necessarily universal rights e.g. they don’t always have the same legal standing in education, employment and goods and services.
If you are unsure please seek legal advice or clarification.
Section 4 - Modifications
29 71. Section 4 provides an opportunity to alter the existing policy in order to promote equality of opportunity and meet the University’s legal requirements.
72. Back in Part 1 para 6 (three equality duties) we outlined the Disability, Gender and Race Equality Duties on the University to promote equality and remove discrimination.
73. Section 4 of the screening form provides an opportunity to change the pre- existing policy in order to embed the Equality duties.
74. Use the questions in this section to think about how the policy can be modified to promote equality.
75. Outline within the boxes i – viii how you will / have modified the policy to promote equality of opportunity and eliminate discrimination.
Q. If you make these modifications, would there be impacts on other groups or on the ability of the policy to achieve its purpose?
76.Outline within this section if you change the policy will it have any effect on other users of equality groups.
Example
You organise an induction event at 6pm to allow all students to attend. After your research you discover that the nursery closes at 5:30. As a result you move the session to 4pm. Consequently Part Time students who work till 5pm can not attend.
Section 5 – Further Research a) If you do not have enough Primary Data to make an accurate judgement on the impact on a particular group tick YES, if you have all the data you needed tick NO. If you ticked YES outline here what additional New Primary Data you need to collect b) If you do not have enough Secondary Data to make an accurate judgement on the impact on a particular group tick YES, if you have all the data you needed tick NO. If you ticked YES outline here what additional Secondary Data Analysis you need to conduct
Section 6 – Consultation / Involvement
In the first instance please refer to Stage 4 – Consultation (page ?) of this document for additional information. a) Outline here why you have decided to consult a particular 30 group/organisation or why you have decided to use a particular way of consulting people over another. Involvement goes beyond consultation and requires the active participation of a group in the development of a policy. Detail here how this was achieved Example include LGBT Staff Group, RNIB, Islamic Society, Press for Change, Students and Staff etc b) You may need to involve particular groups in your policy development. Detail here which groups you have involved and consulted. c) If you haven’t consulted already, outline here what your planed time scale will be. d) Detail which member/s of staff is responsible for organising the consultative and involvement processes for this policy e) Give details f) Tick the relevant box. If there is other methods of involvement and consultation please provide details. g) Detail here how you intend to use the information you gain from the consultation exercise and the involvement of equality groups to improve the policy
Recommendation h) After using all the information you have gathered and analysed. Indicate here whether you as the EQIA Assessor recommend either to Reject, Introduce or Amend the policy on the current Equality Impact Assessment Information.
Section 7 – Decision making and Report to Line Management a) Out line here whose responsibility it is to accept or reject the policy. Examples include:
Dean / Director Working Group or Sub Committee Senate Governors b) Outline here if the policy was accepted or rejected by the decision making body
31 Section 8 – Monitoring and Review a) Detail here how you intend to monitor the impact and implementation of the policy. Example include annual reports, statistics, completion dates, feedback surveys etc b) Detail here how you intend to use the data you collect to inform the development or amendments of the policy or the need for future policy development and/or prioritisation. Examples include reporting to University Committee’s, using data to inform Business Planning Processes, identification of areas for improvement to action, to inform staff development opportunities etc c) Detail here when the policy will next be looked at or reviewed. This should be no longer than 3 years after its adoption. Also outline whose responsibility this will be.
Section 9 – Public availability of reports / results a) Where do you intend to publish the results of the EQIA? Whose responsibility is it to ensure that the report is complied, approved and made available? b) Where do you intend to publish the results of the consultations? Whose responsibility is it to ensure that the report is complied, approved and made available? c) Where do you intend to publish the monitoring outcomes? Whose responsibility is it to ensure that the report is complied, approved and made available?
71.You have now completed the Full Equality Impact Assessment of your policy. If you have not done so already should open your policy to public consultation. Please refer to the next section for further information
32 Stage 4
Consultation
78. Consultation is a key part of the impact assessment process as it enables institutions to ascertain how their policies and practices are affecting individuals. It also engages people in the decision-making process and raises awareness of the work that the University is doing to meet the general duty. This, in turn, can raise staff confidence in the institution’s commitment to tackling inequality.
79. It is therefore recommended not only to have a specific period set aside for consultation after a policy has been revised, but to consult throughout the impact assessment process: from deciding whether a policy is race equality relevant, through collecting data, to determining where best to publish the results. This will ensure a more responsive and consequently successful impact assessment process.
Organisation of consultations
80. Responsibility for organising consultations is determined by the nature of the policy or practice and where it originated. For local policies or practices, responsibility for impact assessment lies with the policy owner and they would also therefore be responsible for any consultations.
How much to consult?
81. It is recommended that the concepts of proportionality and relevance are used when deciding how much to consult on a policy. This means that the amount of consultation undertaken should be in proportion to the equality relevance of the particular policy. Reference back to the initial prioritisation of race equality relevance into high, medium or low will assist in determining how much to consult.
Who to consult?
82. Who needs to be consulted depend on the aims of the policy and who it affects. Those most likely to be affected are the most important to consult, but it is in any case useful to include consultation with:
relevant internal stakeholders: staff, students relevant external stakeholders (for policies which have a clear external impact): local businesses, community and voluntary sector organisations, religion and faith groups equality target groups: those most likely to face discrimination. The University’s LGBT or Disabled Staff Groups can be used for this purpose. trade unions: all have equality sections nationally that can offer advice. UCU and Unison can be an invaluable help locally as they have a strong commitment to equality and diversity and can encourage members to take part in consultations.
How to consult
83. Consultations need to be well organised, run to a set timescale and have clear objectives. It is advisable to employ a variety of methods to ensure that the different needs of those being consulted are met, enable tailor- made approaches to gathering specific information and reduce the likelihood of ‘consultation fatigue’.
84. Possible methods for consultation are similar to the ones described for collecting qualitative data and include:
focus groups surveys pilot projects interviews requests for feedback.
85. The main principle when choosing consultation methods is to use the method that elicits the information you need from the groups you want to reach. For example, consultation on an institution-wide policy on bullying and harassment would work better through an anonymous staff survey than by running a pilot project. This is because the latter would not enable information to be gathered about the perceptions of staff. Furthermore, the frequency of formal bullying and harassment cases may not be high enough for a pilot project to be run effectively.
How to encourage participation and offset consultation fatigue
86. Participation in consultations can sometimes be hindered by scepticism on the part of those being consulted, who may feel that nothing will change as a result of their comments. To reduce the risk of this, the University will publish and promote the findings of consultations (appropriately anonymised) and adapt policies in light of the findings.
Liaising with equality target groups and trades unions prior to consultations will promote engagement with the policy process and ensure that those consulted feel ownership over and have input into institutional functions. This in turn should raise participation rates and reduce time spent on consultation later.
87. Consultation fatigue can occur if people feel they are being consulted about too many things too often. It is highly probable that over-consultation will occur in the first year of an institution carrying out impact assessments but, as the process becomes more embedded in institutional functions, it will become a more efficient and quicker process. Furthermore, as those consulted witness changes being effected as a result of the impact
34 assessment process, there is a high probability that they will see that their respective contributions are being valued by the University and so be more willing to come forward in the future.
88. Consultation fatigue can be reduced by ensuring the following:
there is not an excessive number of mailings the same people are not being consulted on a regular basis people are asked what policies they are interested in being consulted on the consultation procedures are clear and simple to follow the document being consulted on is clear and simple to follow a variety of consultation mechanisms is employed the results of consultation are acted upon and communicated.
Ensuring the consultation method is accessible
89. Good practice for accessible consultation should be implemented, such as taking into account the practical issues surrounding:
suitability of venue timings of consultations facilitation of face-to-face discussion the language, format, availability and accessibility of materials used in the consultation.
Maintaining an informal setting can help people feel at ease, making them more likely to contribute openly and honestly to consultations.
The results of consultations should be published and disseminated with the report of the impact assessment, using appropriate media such as internal staff newsletters, intranet, student newspaper, e-mails and posters.
Checklist for consultations
Ensure a representative sample of people being consulted with specific measures for equality target groups
Use a variety of accessible methods for consultation
Take into account issues of proportionality and relevance
35 Stage 5
Reporting and Publication
92. You are required to write a report outlining the findings from the EQIA Screening or Full Assessment to outline what has been assesses, how it has been assesses and the outcome of the assessment.
93. This is particularly important when outlining to Managers or Committee’s the main findings of the assessment instead of submitting the completed assessment forms.
94. Draw particular attention to where you have found discriminatory practices and have successfully removed or justified the practices. Further more you should emphasis where the policy promotes equality of opportunity.
95. If the screening / full assessment showed no discrimination this still needs to be reported to the Manager or Committee approving the policy. This can be done by including a statement on the Agenda item covering note at committees noting that an assessment has been conducted and no adverse effect found.
96. When writing a detailed report it can broadly be structured under the general heading of:
Policy Aims and Objectives Relevant data and research Involvement and Consultation Impact on Equality Groups Actions and Amendments Monitoring Recommendations Conclusions
97. An Executive Summary or the complete report should be submitted with the policy to the relevant committee when being submitted for approval. If there is no impact identified (this should be relevant only for new policies) only a covering note will be required on the policy.
The complete report must be submitted to the Equality Impact Assessment Steering Group via Darren Mooney and Kathryn Fagan for noting and uploading onto IBIS and the external website.
98. Please note that all reports and completed assessment documents will be available for public viewing and will be uploaded onto IBIS and the external website. Publication is a legal requirement. 36 Stage 6
Monitoring and Review
99. Equality Impact Assessments are not a one off process, but is part of the cycle of institutional quality control and policy development. All policies should be reviewed no less than every 3 years, and the time table for reviewing should be maintained by all policy owners and departments.
100. Policies with scope to affect all stakeholders or a substantial stakeholder base e.g. all students or all staff should be reviewed annually to ensure that they are kept up to date with legislative developments or other development and priority changes within the University.
101. Always remember all policy development and review should be research based and informed.
Conclusions
102. You should now have completed the Equality Impact Assessment process for your policy. We hope that this Toolkit has been useful. If you have any suggestions for improvements please contact the diversity officers with suggestions. Appendix 1 - Definitions
Criterion – basis by which comparisons or judgements are made, often against particular reference points.
Disability - someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. Normal day to day activities include mobility, manual dexterity, speech, hearing, sight and memory.
Direct Discrimination - occurs when factors unrelated to the merit, ability or potential of a person or group are used as an explicit reason for discriminating against them. An example would be recruiting a male applicant to a position rather than a more appropriately qualified woman because of irrational, prejudicial or stereotypical views, or not promoting someone because they have a disability. Intentions and motives are irrelevant in cases of direct discrimination, because it is the act that is punished, not the intention behind it.
Equality Impact Assessment - Impact assessment in the equality and diversity context is a detailed and systematic analysis of the potential or actual effects of a policy or practice, provision or criterion to ascertain whether it has a differential impact on identifiable groups of people. Assessment should take place not only of all formal policies and practices, but also informal ones because of the need to eliminate indirect discrimination. Impact assessment is an anticipatory process that allows institutions to predict possible barriers faced by equality target groups. A judgement of adverse impact is made if the impact of a policy disadvantages one or more equality target groups. Steps then have to be taken to mitigate this adverse or negative impact.
Indirect Discrimination - Indirect discrimination occurs when there are rules, regulations or procedures in place that have a discriminatory effect on certain groups of people. For example dress codes requiring women to wear knee length skirts could indirectly discriminate against women from some cultural or religious groups who would not feel able to dress in this way
Genuine Occupational Requirement - Recruitment and selection on the grounds of a racial group, gender, disability, sexual orientation or religion/belief is allowed in certain jobs where being of particular racial group, sex, disability, sexuality or religion/belief is a genuine occupational requirement for that job. For example, recruiting a member of a religious group to perform acts of worship for that group is lawful, whereas hiring a person of a particular religious group to clean the windows of a building used for worship could be unlawful if that person was chosen on the grounds of his/her religion. Also it would be acceptable to recruit from a particular sex if the job involved intimate or personal care or procedures
Harassment - Harassment is unwanted conduct which may create the effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment which interferes with an individual’s learning, working or social environment or induces stress, anxiety, fear or sickness on the part of the harassed person. Institutional Racism - The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin which can be seen or detected in processes; attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantages minority ethnic people.
Policy – any decision, principle plan or set of procedures that influences and determines the way an institution carries out its business (internally or externally).
Positive Action - Positive action is the deliberate introduction of measures to eliminate or reduce discrimination, or its effects. It is not about special treatment for any one particular group, but the fair treatment of all people. It is concerned with levelling the playing field so that everyone has access to the same opportunities. The qualification floor remains the same. There are three main types of positive action: action that reveals potential discriminatory practice through, for example, the assessment of policies or monitoring; action which changes discriminatory practice in light of any findings; and action which attempts to counter-balance the under-representation of a particular group.
Positive Discrimination - occurs when one person or group of people is treated more favourably than another person, or group, would be treated in the same situation, based on a defining characteristic. This characteristic might be race, gender, sexual orientation, or religion or belief. It is illegal to recruit someone purely on that basis, unless there is a genuine occupational requirement. However, as the law relating to disability is fundamentally different from other equalities legislation, it is lawful for employers to advertise certain posts as only being available to disabled people. Positive discrimination is sometimes confused with positive action, which is lawful.
Practice – more informal than a policy and refers to a customary way of operation or behaviour, perhaps built I[ over a number of years. It can be identified through being routinely performed, locally, regardless of any official requirements in policy.
Provision – an action which serves to provide for, or meet the requirements or particular needs of people.
Religion or Belief - means any religion, religious belief, or similar philosophical belief
Sexual Orientation - means a sexual orientation towards (a) persons of the same sex (b) persons of the opposite sex; or (c) persons of the same sex and of the opposite sex. Commonly referred to as Lesbian, Gay (Homosexual), Bisexual or Straight (Heterosexual)
Transgender - Transgender is an umbrella term used to include transsexual people, transvestites, and those with gender dysphoria, or a person who is in the process of transitioning.
39 Vicarious Liability - Higher education institutions and their governing bodies can be held to be vicariously liable for the actions of staff and students for actions carried out in the HEI’s name. This liability applies even if the action was not authorised by the HEI. To avoid vicarious liability, an HEI would have to demonstrate that the member of staff or student was not negligent, i.e. that they had taken reasonable care, or that the member of staff or student was acting in his/her own right rather than on institutional business. Alternatively, an HEI would need to show that it had taken all reasonable steps to ensure that the action had not taken place. This could be done by having a policy that was communicated to staff or students by training, briefing or otherwise informing them and that, in the particular situation in question, the individual had acted contrary to the rules and procedures. An HEI could be deemed to be vicariously liable for harassment, by a member of staff against another member of staff or a student, when at work or otherwise on institutional business, if members of staff had not been correctly briefed about their responsibilities and/or what constitutes acceptable behaviour.
Victimisation - A person is victimised if they are punished or treated unfairly because they have made a complaint, or are believed to have made a complaint, or to have supported someone who has made a complaint, for example, of discrimination against an HEI, a department or an individual
40 Appendix 2 - Sources of Data and Statistics
External Resources
Equality Commissions and Organisations
The Commission for Equality and Human Rights http://www.equalityhumanrights.com/en/Pages/default.aspx Stonewall http://www.stonewall.org.uk/ Government Equalities Office http://www.womenandequalityunit.gov.uk/ Press for Change http://www.pfc.org.uk/
Higher Education
Equality Challenge Unit http://www.ecu.ac.uk/default.asp Higher Education Funding Council for England http://www.hefce.ac.uk/ Higher Education Statistics Agency http://www.hesa.ac.uk/ Higher Education Empirical Research Database http://heerd.open.ac.uk/ University Colleges Admission Service http://www.ucas.com/ The National Union of Student www.nusonline.co.uk and www.officeronline.co.uk
Government Departments
Prime Ministers Strategy Unit http://www.cabinetoffice.gov.uk/strategy/ The Cabinet Office http://www.cabinetoffice.gov.uk/ Department for Communities and Local Government http://www.communities.gov.uk/corporate/ Department for Culture, Media and Sport http://www.culture.gov.uk/ Department for Children, School and Families - http://www.dcsf.gov.uk/ Department for Innovation, Skills and Universities - http://www.dius.gov.uk/index.html Department of Health http://www.dh.gov.uk/en/index.htm Department for International Development http://www.dfid.gov.uk/ The Foreign and Commonwealth Office http://www.fco.gov.uk/ The Home Office http://www.homeoffice.gov.uk/ Ministry of Justice http://www.justice.gov.uk/ Department for Work and Pensions http://www.dwp.gov.uk/ UK Resilience http://www.ukresilience.info/ 10 Downing Street Website http://www.pm.gov.uk/output/Page1.asp
Research Councils
Arts and Humanities Research Council http://www.ahrb.ac.uk/ Biotechnology & Biological Science research Council (BBSRC) http://www.bbsrc.ac.uk/ Engineering & Physical Sciences Research Council (EPSRC) http://www.epsrc.ac.uk/default.htm Economic & Social Research Council (ESRC) http://www.esrc.ac.uk/ESRCInfoCentre/index.aspx Medical Research Council (MRC) http://www.mrc.ac.uk/index.htm Natural Environment Research Council (NERC) http://www.nerc.ac.uk/ Science and Technology Facilities Council (STFC) http://www.scitech.ac.uk/Home.aspx
Regional and National Statistics
Communities and Local Government http://www.communities.gov.uk/index.asp?id=1503718 National Statistics http://www.statistics.gov.uk/ Training and Development Agency for Schools http://www.tda.gov.uk/
Trade Unions
Trade Union Congress http://www.tuc.org.uk/ National Union of Teachers http://www.nut.org.uk/ University and College Union (UCU) http://www.ucu.org.uk/ 42 UNISON http://www.unison.org.uk/ Royal College of Nurses (RCN) http://www.rcn.org.uk/
Tribunals
Employment Tribunals http://www.employmenttribunals.gov.uk/ Special Educational Needs and Disability Tribunal http://www.sendist.gov.uk/
Internal Resources
The University of Chester collects many different types of data and conducts research on the student experience and staff experience. Data available internally includes:
Type of data Department Number of Students Foundation Under Graduate Post Graduate o Taught Student Records o Research (MIS) By Gender Ethnicity Age Disability Status Progression Rates Retention Rates Degree Attainment rates Induction Feedback Survey Destination of Leavers of Higher Education data Student Complaints and Disciplinarians Student Support & Student Welfare, Development and Graduation Guidance Careers usages stats Volunteering and Mentoring stats Student Finance and Debt Survey National Student Survey Student Satisfaction Survey Learning & Teaching First Year Experience Survey Institute
43 44