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John Wrench and Tariq Modood THE EFFECTIVENESS OF EMPLOYMENT EQUALITY POLICIES IN RELATION TO IMMIGRANTS AND ETHNIC MINORITIES IN THE UK John Wrench and Tariq Modood Report commissioned by the International Labour Office, Geneva June 2000 INTERNATIONAL MIGRATION PAPERS 38 THE EFFECTIVENESS OF EMPLOYMENT EQUALITY POLICIES IN RELATION TO IMMIGRANTS AND ETHNIC MINORITIES IN THE UK John Wrench and Tariq Modood International Migration Branch INTERNATIONAL LABOUR OFFICE GENEVA INTERNATIONAL MIGRATION PAPERS 38 THE EFFECTIVENESS OF EMPLOYMENT EQUALITY POLICIES IN RELATION TO IMMIGRANTS AND ETHNIC MINORITIES IN THE UK John Wrench Danish Centre for Migration and Ethnic Studies University of Southern Denmark Tariq Modood Centre for the Study of Ethnicity and Citizenship University of Bristol International Migration Branch INTERNATIONAL LABOUR OFFICE GENEVA International Migration Papers International Migration Papers (IMP) are produced by the International Migration Branch of the ILO to make available current research on global migration trends, conditions of employment of migrants, and the impact of state policies on migration and the treatment of migrants. Some ten to fifteen such papers are published each year as working papers. Readers’ comments on these IMP papers are most welcome since they are intended to stimulate discussion, identify emerging issues of concern, and suggest options for state and social partner interventions in the field of migration. A full list of IMPs is included at the end of this issue. This IMP No. 38 inaugurates a new occasional series addressing discrimination and promoting equality of opportunity in the world of work. In addition to contributing data, perspective and options for ongoing efforts, issues this year are intended to contribute to the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, 31 September to 8 October 2001. Comments can be directed to: ILO, International Migration Branch 4, route des Morillons CH-1211 Geneva 22 Tel. +41.22 799 8091 Fax: +41.22 799 8836 e-mail: [email protected], [email protected] iii Table of contents Foreword ...................................................................................v Executive Summary ......................................................................... 1 1. The Employment Profile of Ethnic Minorities .............................................. 3 1.1. Patterns of economic activity ......................................................... 5 1.2. Types of employment ............................................................... 6 1.3. Sectoral composition of work ........................................................ 7 1.4. Occupational distribution of work ..................................................... 8 1.5. Job level .......................................................................... 9 1.6. Earnings .......................................................................... 11 1.7. Unemployment ................................................................... 12 1.8. Self-employment .................................................................. 14 1.9 Ethnic minority self-employment .................................................... 15 1.10. The Irish in Britain ................................................................ 17 1.11. Education ........................................................................ 18 1.12. Trends ........................................................................... 20 1.13. Recent studies ................................................................... 21 2. The Question of Discrimination .......................................................... 23 2.1. The evidence for racial discrimination ................................................. 24 2.1.1. Evidence from the census, statistics and surveys .................................. 25 2.1.2. Discrimination testing ........................................................ 26 2.1.3. Research into the activities of “gatekeepers” ..................................... 29 2.1.4. Research into the experiences of ethnic minorities ................................ 32 2.1.5. The actions of aggrieved employees ............................................ 35 2.1.6. Employment tribunal cases and CRE formal investigations ......................... 36 2.2.. Institutional racism ................................................................ 37 2.3. Structural discrimination ........................................................... 38 2.4. Anti-discrimination and equal opportunity interventions ................................. 39 3. Legal and Administrative Measures Addressing Discrimination ............................. 41 3.1. The Race Relations Acts ............................................................ 41 3.2. Industrial tribunals ................................................................. 44 3.3. The Commission for Racial Equality ................................................. 45 3.4. The law and positive action .......................................................... 47 3.5. Contract compliance ............................................................... 48 3.6. Weaknesses of the UK legislation ................................................... 49 3.7. Evolving legislation ............................................................... 50 4. Voluntary Measures .................................................................... 51 4.1. The CRE’s Code of Practice ......................................................... 51 4.2. The Race Relations Employment Advisory Service ...................................... 52 4.3. Surveys of employers’ equal opportunities initiatives ................................... 52 4.3.1. The audit of staff ............................................................ 54 4.3.2. Ethnic monitoring ........................................................... 54 4.3.3. Equal opportunities action plans and statements .................................. 55 4.3.4. Equality targets ............................................................. 55 4.3.5. Recruitment initiatives ....................................................... 56 4.3.6. The use of positive action .................................................... 57 4.3.7. Racial harassment ........................................................... 58 4.4. Developments in the 1990s .......................................................... 59 4.5. The diversity management approach .................................................. 60 iv 5. Collective Action and Trade Unions ...................................................... 62 5.1. Equal versus special treatment ...................................................... 63 5.2. Current issues: Racism ............................................................64 5.3. Participation in unions ............................................................65 5.5. Unions, the degradation of work and the new excluded ..................................69 6. Conclusions ............................................................................72 6.1. Positive and negative conclusions ...................................................73 6.2. The balance between voluntarism and compulsion .....................................75 6.3. The business case for equal opportunities .............................................76 6.4. The need for minimum legal standards of employment conditions .......................81 6.5. Final remarks ......................................................................83 Bibliography ...............................................................................85 International Migration Papers ..............................................................93 v Foreword The International Labour Organization is committed to an agenda of promoting decent work for all in the global economy. As a standards-based institution, ILO has always given particular attention to promoting social responsibility in treatment of workers and others at risk in the world of work. Migration and the protection of migrant workers have emerged as fundamental challenges in this globalizing world. As ILO’s own research has emphasized, globalization is producing winners and losers, and those who loose their livelihoods in economic restructuring and unregulated trade don’t just disappear. Rather, many of them migrate elsewhere, to where they perceive opportunities to survive and earn an income. Migration and the treatment of migrants - and ethnic minorities - are clear measures of social health, or lack of it, in individual societies and among the community of nations. Migrants are the image and reflection of a host of economic, social and political problems exacerbated by a globalization whose benefits are not shared equitably. Nonetheless, social responsibility is the legitimizing feature of any system of economic activity and governance. This study and others to follow, represent a concerted effort to provide policy-makers, legislators, employers, workers and others concerned with perspectives, tools and practical examples to strengthen socially responsible policy and action by governments and social partners. With its particular expertise and competencies, ILO initiated in 1991 a major international research project “Combating Discrimination in Employment Against Migrant and Ethnic Minority Workers.” This research has already made a significant contribution to documenting discrimination and identifying best practices to overcome
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