Equality and Diversity (Week 3) PDF

Equality and Diversity Paul M Joseph Senior Lecturer Barrister Solicitor Please use this sway as self directed learning. There is a lot of material feel free to check out my videos and learning materials. Many thany thanks Paul https://sway.clou...

Equality and Diversity Paul M Joseph Senior Lecturer Barrister Solicitor Please use this sway as self directed learning. There is a lot of material feel free to check out my videos and learning materials. Many thany thanks Paul https://sway.cloud.microsoft/FVT8XhwfGCKnDOn2#content=LgpGwf0R1hQwu7 Equality and Diversity The Laws - promoting equality and valuing difference Aims - Provide an overview of equality and diversity - Understand the importance of valuing diversity - Raise awareness of discrimination - Understand what is meant by diversity - Discuss definitions - Apply learning to practical work situation Definition: Equality: Treating all people equally regardless of personal characteristics. Diversity: Recognising, valuing and using the differences which people have. ◦ NHS The Information Centre for Health and Social Care INTRODUCTION VIDEO https://sway.cloud.microsoft/FVT8XhwfGCKnDOn2#content=0T3Wx3BZHrxRmj Cultural diversity Click on this link to view an interesting video on cultural diversity Check Out My Video https://sway.cloud.microsoft/FVT8XhwfGCKnDOn2#content=5dS9YLbIOj44M6 Cultural Differences Cultural differences include patterns of:  Lifestyles Beliefs Values practices. Cultural diversity includes differences in race, ethnicity, national origin, language and religion. Important Points Diversity of race, language, religion, culture and biological factors within and between people of different ethnic groups can produce inequalities in health and uptake of health services. It is important to try to understand these differences and to reduce inequalities to improve health and health services to the whole population. Important Points NHS is committed to equality and diversity It is an integral part of all healthcare You have a responsibility to integrate the principles into your everyday work Legislation: The Equality Act 2010 https://sway.cloud.microsoft/FVT8XhwfGCKnDOn2#content=gxYt2buGJp9HtR Check out these videos on the Equality Act This act legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone. Purpose of the act To help make Britain a more equal society Provides new cross-cutting legislative framework protecting the rights of individuals Advances equality of opportunity for all It Updates, simplify and strengthen previous legislation Delivers a simple modern and accessible framework of discrimination law Protects individuals from unfair treatment and promotes a fair and more equal society Simplifies 116 pieces of equality legislation into a single Act Principle changes Single justification test New ways to claim discrimination re disability Remedying the Malcolm case ( please see case report and video below) Restrictions re health related questions from employers Association and perception Reasonable adjustments by service providers Transparency and private sector Definition of disability Dual discrimination Single equality duty Auxiliary aids as reasonable adjustment Harassment victimisation It dealt with the issues on Malcom's case please click on the next link for a full case overview The Malcolm case | Equality and Human Rights Commission (equalityhumanrights.com) Click on this link to read an interesting case Involving the Equality Act and the Corona Virus Vaccination No jab, no job: why your employer can't sack you for not taking the COVID vaccine in UK (theconversation.com) Legislation: It is against the law to discriminate against anyone because of: Age - Being or becoming a transsexual person - Being married or in a civil partnership - Being pregnant or having a child - Disability Sexual orientation and equality and diversity I have provided you with some videos to watch. You can dip in and out of these in your own time , they make interesting viewing. LGBT Awards of damages for sex discrimination in Employment Tribunal's https://sway.cloud.microsoft/FVT8XhwfGCKnDOn2#content=oHCMTeKSLkKuSx THESE FACTS AND FIGURES ARE INTERESTING Awards in sex discrimination cases stand out as having the most significant change in terms of both median and average awards. Sex discrimination also saw a significant increase in the highest award made. The median award has more than doubled from £6,498 in 2018/19 to £14,073 in 2019/20 and the average award has increased from £8,774 to £17,420. In 2018/19 the highest award for a sex discrimination claim was £24,103, in 2019/20 it was £73,619. The relative increase in the number of claims where awards were made compared to other claim jurisdictions is also significantly higher in sex discrimination cases - 19 awards of compensation were made in 2018/19 compared to 46 awards of compensation in 2019/20. This could be coincidence but it could also be related to the changing views of society brought about by the #MeToo movement. It may be that this has encouraged more female employees to bring claims with certain behaviours no longer being deemed acceptable. Costs Orders in Employment Tribunalss If an employer loses a case they may face paying the costs of the person bringing the claim these are often more that award of teh damages made by the Employment Tribunal Please see recent cost order made by the Tribunal The maximum costs award decreased significantly this year, decreasing from £329,386 in 2018/19 to £103,486 this year. The median costs award however stayed fairly static, increasingly slightly to £2,500 compared to £2,400 in 2018/19. What is Discrimination? Types of Discrimination - Race including colour, nationality, ethnic or national origin - Religion, belief or lack of religion/belief - Sex - sexual orientation These are called ‘protected characteristics’ Check out this video on you tube about protected characteristics and discrimination. Protected from discrimination: At work In education As a consumer When using public services When buying or renting property As a member or guest of a private club or association What is Racism? Check out this video on Racism ( Click on the link) George Floyd one year on: Reflections from the UK - BBC News Protection Continued You’re also protected from discrimination if: - You are associated with someone who has a protected characteristic, eg a family member or friend - You have complained about discrimination or supported someone else’s claim Equality and Diversity WHAT CAN I DO IF IM BULLIED FOR BEING GAY ? CHECK OUT THIS VIDEO https://youtu.be/m5GBIhU9v_A WHATS THE BENEFITS OF DIVERSITY What forms of Discrimination are there? You should make a special note of these they are KEY issues Direct Discrimination – treating someone with a protected characteristic less favourably than others Indirect Discrimination – putting rules or regulations in place that apply to everyone putting someone with a protected characteristic at an unfair disadvantage e.g. not allowing facial hair in a catering environment – will disadvantage Sikhs  Harassment – unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them; Victimisation – treating someone unfairly because they have complained about discrimination or harassment Harassment or banter? Colleagues ask A whether or not he likes football. When A says he is not interested, his colleagues say “you’re gay then”. Is this harassment or office banter? One off remarks? A filed a grievance, which the HR director rejected, on he basis that the remarks were office banter. The company’s evidence was that this expression is “quite normal in North East England football circles”, and is treated as a joke. In Austin v Samuel Grant (North East) Ltd, a heterosexual male employee, A, won a sexual orientation and religion or belief harassment claim after repeated inappropriate remarks made verbally and by email. Ethnicity and Diversity 1 - This video shows the complexity of ethnicity As HCP you cannot be judgemental or bias  It can be lawful to have specific rules or arrangements in place…………… as long as they can be justified. STEREOTYPING AND TREATING SOMEONE IN A DISCRIMINATORY MANNER IS ILLEGAL. BE AWARE OF THE NEED TO CARRY OUT YOUR ROLE IN AN INCLUSIVE AND NON DISCRIMINATORY MANNER CLICK ON THE FOLLOWING LINK FOR A CLASSIC CASE OF STEREOTYPING- THIS SORT OF ACTION MUST BE STOPPED https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.lawgazette.co.uk%2Fne ws%2Finvestigation-launched-after-black-barrister-mistaken-for- defendant%2F5105752.article&data=02%7C01%7CP.Marinaccio- Joseph%40Swansea.ac.uk%7C79762914f7464800007a08d86097c26a%7Cbbcab52e9fbe43d6a2f39f6 6c43df268%7C0%7C0%7C637365552196311312&sdata=EUTlmUwfSfcNC6eMWIgxPek1LzLVYKc wwHjtlSAygSQ%3D&reserved=0 Discrimination at work The law protects you against discrimination at work, including: dismissal employment terms and conditions pay and benefits promotion and transfer opportunities training recruitment redundancy Some forms of discrimination are only allowed if they’re needed for the way the organisation works, eg: - a Roman Catholic school restricting applications for admission of pupils to Catholics only - employing only women in a health centre for Muslim women Disability If you are disabled you have the same rights as other workers. Employers should also make ‘reasonable adjustments’ to help disabled employees and job-applicants with: Application forms (providing forms in Braille, audio formats) Aptitude tests (giving extra time to complete the tests) Dismissal or redundancy Discipline and grievances Interview arrangements (wheelchair access, communicator support) Making sure the workplace has the right facilities and equipment for disabled workers or someone offered a job Promotion, transfer and training opportunities Terms of employment, including pay Work-related benefits like access to recreation or refreshment facilities Ethnicity Please click on the link below to obtain an overview of what ethnicity and multicultural means https://www.youtube.com/watch?v=klKpMBJ4J1o  2 - Equality and Diversity What Are The Benefits Of Embracing Equality, Diversity and Inclusion Helps to reduce social and economic barriers Helps people understand social norms Is morally correct Reflects the community we serve Meets local needs Helps to build a strong community Supports and encourages social cohesion Supports minority groups in achieving potential Raises awareness. Equality and Diversity http://www.legislation.gov.uk/ukpga/2010/15/notes/contents Equality Act 2010 RECAP AND CONCLUSION WHY IS EQUALITY AND DIVERSITY SO IMPORTANT https://sway.cloud.microsoft/FVT8XhwfGCKnDOn2#content=GDyZYQDM47QV3y Please email me if you have any questions Paul Joseph [email protected]