building capacity for equality impact assessment in colleges · handout 1: equality act 2010 –...

Building capacity for equality impact assessment in collegesHandbook for trainers

Introduction iRecommendations for delivery iiOutline of training materials iv

Aim and purpose of training 1

Background and context 2Handout 1: Equality Act 2010 – the public sector equality duty 4

Overview of equality impact assessment 9Handout 2: the EIA process 11

EIA in practice 12Exercise 1 12Handout 3: EIA evidence/resource bank 13Trainer notes: suggested answers for exercise 1 14Exercise 2 15Handout 4: example scenarios for exercises 2 and 3 16Handout 5: equality impact assessment – steps 1 and 2 18Trainer notes: suggested impacts and evidence for scenarios 20Exercise 3 27Handout 6: equality impact assessment – step 3 28Trainer notes: suggested actions and outcome for scenarios 29

Mainstreaming EIA 34

Contents

This handbook was written by Kath Bridger of BSV Associates Ltd for Equality Challenge Unit. © Equality Challenge Unit, 2013 ECU’s resources are provided free of charge to the UK HE sector and also for colleges in Scotland. Information can be reproduced accurately as long as the source is clearly identified and it will not be used for profit.

Contact

Freya Douglas [email protected]

iSeptember 2013

Abbreviations and glossary

Introduction

These training materials have been developed for colleges to use when training staff and student representatives to undertake equality impact assessment (EIA). The training will help to build college-wide knowledge, understanding and expertise that will contribute to both the delivery of the specific duties to assess and review policies and practices and to mainstream the public sector equality duty (PSED).

Staff responsible for adapting and delivering the materials will benefit from having experience of delivering training, a broad knowledge and understanding of equality and diversity in the context of their college and a good understanding of the Equality Act 2010.

Notes supporting slides provide suggested commentary. You may wish to use these when delivering the training.

EIA Equality impact assessmentEHRC Equality and human rights commissionPSED Public sector equality dutyRegionalisation Reorganisation of the college sector into

regional college groups in line with the Scottish government’s education strategy

Negative or adverse impact

The outcome of a decision, policy or practice that creates disadvantage or unequal treatment of a person with a protected characteristic

Neutral impact The outcome has no negative or positive results for people with protected characteristics

Positive impact The outcome creates a benefit to support the advancement of equality of opportunity for people with protected characteristics and/or promotes good relations between groups

Compound impact

The collective outcome (positive, neutral or negative) of decisions or changes made together, for example in the context of college merger

Quantitative evidence

Evidence based on the analysis of numerical data, for example enrolment numbers, student achievement statistics, staff profile

Qualitative evidence

Evidence based on the analysis of data that is not numerical, for example interviews, focus groups, course reviews

ii Building capacity for equality impact assessment in colleges

Accessibility

Room set up

Timings

College context

Audience

Recommendations for delivery

These training materials have been designed for use with staff at all levels across the college. They could also be used when working with student representatives who are involved in board meetings, change planning or college committees.

Training slides and exercises should be tailored to reflect individual college’s name and refer to college specific strategies and processes.

Suggested timings for each section are provided in the outline of materials section below. Timings are notional and can be adapted as appropriate.

As the activities will involve group work, cabaret style seating with 4 – 8 people around each table is recommended. Where groups are smaller, boardroom style will enable working in pairs.

A range of accessibility factors need to considered when organising and delivering the training. In particular:

= Accessibility for disabled staff. See this guide from JISC TechDis www.jisctechdis.ac.uk/techdis/resources/introaccessibility.

= Time of day – ECU recommends that the training is held between 10:00 and 16:00 to ensure that people with childcare and other caring responsibilities can attend the full session.

= The timing of the training in relation to religious days and festivals that are commonly observed by staff within your college. The BBC has a religious events calendar. www.bbc.co.uk/religion/tools/calendar

= Consideration should also be given to accommodating daily religious practice (prayer space).

= Catering requirements such as for allergies and intolerances and religious requirements e.g. halal, kosher etc.

iiiSeptember 2013

Recommendations for delivery

Confidentiality

Training packs

Materials

Equipment You will require:

= facilities for showing presentation slides

= copies of relevant activities and accessible handouts

The following materials may be of assistance when preparing for and delivering the training session/s:

= your college’s strategic and/or operational plans

= your college’s equality policy/policies, including current EIA policy/process

= Equality Act 2010 code of practice on employment www.equalityhumanrights.com/uploaded_files/EqualityAct/employercode.pdf

= your college’s most recent mainstreaming report, published employment information, equal pay statement and equality outcomes

= ECU’s guidance on EIA during regionalisation www.ecu.ac.uk/publications/assessing-impact-for-equality-college-regionalisation

All participants are likely to find copies of the training slides and exercises useful therefore these should be provided to staff at the beginning of the session, or before the session for those who required prior reading time to aid accessibility.

To ensure freedom of discussion it is important to make staff attending the training aware that discussion in the room will be kept confidential. Participants should be free to use the information received, but neither the identity nor the affiliation of the speaker/s, nor that of any other participant, may be revealed.

Staff attending the training should be advised not to name individuals when using examples and to avoid using examples in which sensitive and personal information could easily be connected with an individual.

iv Building capacity for equality impact assessment in colleges

Outline of training materials

The session should take between two and three hours depending on participants’ knowledge, understanding and experience of dealing with equality issues and how the trainer chooses to tailor the session.

Section Slides Aim and purpose Materials Approx timing

Aim and purpose of training 1 An introduction to the session Slides 3 minsBackground and context 2–7 Develop understanding of:

The legislation and the context for delivery of EIA

The scope and benefits of EIA

Individual and college responsibility

Slides

Handout 1

7 mins

Overview of equality impact assessment (EIA)

8–9 Introduce the EIA process and its five steps

Slides

Handout 2

10 mins

EIA in practice Steps 1 and 2: considering evidence, assessing impact

10–11 Give participants hands on experience of working through an impact assessment (steps 1 and 2)

Exercise 1

Exercise 2

Slides

Handout 3

Handout 4

Handout 5 20–35 mins

30–45 minsEIA in practice Step 3: taking action

12 Give participants hands on experience of working through an impact assessment (step 3)

Exercise 3

Slides

Handout 6

Handout 5

30–40 minsEIA in practice Steps 4 and 5: publication, monitoring and review

13–14 Highlight key aspects of steps 4 and 5 of the EIA process

Slides

Handout 3

15 mins

Mainstreaming EIA Optional section for board level/ senior manager/ workstream leader audiences

15–17 Demonstrate strategies for effective college wide implementation and mainstreaming

Slides 10 mins

1September 2013

Slide 1

Aim and purpose of training

It is important to emphasise that EIA is a legal requirement. It is therefore important that the college takes proactive steps to ensure it is undertaken effectively. This training will support the college in meeting its legal obligations.

It is likely that equality is already being considered on an ongoing basis, a part of the college’s mission, ethos and values.

However, the legislation requires the college to demonstrate how consideration of equality is a central aspect of how the college operates by recording consideration of equality in a systematic way through undertaking EIA.

Increasing capacity and developing skills to undertake EIA are important as EIA reinforces the evidence for, and contributes to the drive for continuous improvement, supporting the college’s core business and mission, ie the best education and training experience; an employer of choice for staff. It supports Education Scotland inspections, internal review and processes for quality enhancement and self evaluation.

It is also an important tool in ensuring that robust and appropriate decisions are made through merger and regionalisation processes.

This training is designed to support staff in the delivery of EIA.

Aim and purpose of the training

= Ensure that [name of college] meets the requirements of the Equality Act 2010

= Build an effective, embedded approach to equality consideration and impact assessment

= Increase capacity for the delivery of equality impact assessment (EIA)

= Provide resources and support

2 Building capacity for equality impact assessment in colleges

Background and context

Slide 2

This slide sets out the three requirements of the PSED. The protected characteristics covered by the legislation are shown on the next slide.

Legislative context

Colleges have a responsibility to meet the requirements of the Equality Act 2010 including the public sector equality duty (PSED)

They are required to give due regard to the need to:

= eliminate unlawful discrimination = advance equality of opportunity = promote good relations

3September 2013


Slide 3

The PSED covers these nine protected characteristics. However, for marriage and civil partnership the requirement to give due regard only applies in respect of the need to eliminate unlawful discrimination in employment.

Explain the notion of ‘due regard’. This can be described as the consideration of the impact of our decisions and practice in the context of equality. It applies equally to both existing and potential students and staff.

Handout 1 gives examples of how due regard can be made in relation to the three requirements of the PSED.

Protected characteristics

= age = disability = gender reassignment = marriage and civil partnership (in employment) = pregnancy and maternity = race = religion or belief (including no belief) = sex = sexual orientation


Handout 1: Equality Act 2010 – the public sector equality duty

Need of the duty Having due regard

Example

Eliminate unlawful discrimination, harassment and victimisation

Take steps to ensure discrimination, harassment or victimisation of people with protected charac-teristics does not occur

Ensure that appropriate policies and procedures are in place and staff are aware of and have confidence to use them (eg bullying and harassment)

Ensure all groups are able to access the same terms and conditions – eg same sex partners receive the same rights, conditions and entitlements such as parental leave and opportunities for flexible working

Advance equality of opportunity Remove or minimise disadvantages related to a protected characteristic

Take account of the needs of disabled students and staff – eg learning and teaching practice, accessibility, adapted work practices

Meet the needs of people with protected charac-teristics

Address the needs of those with caring responsibilities/take account of those who work part time – eg meeting times, methods and timing of communications

Encourage participation of people with protected charac-teristics in areas where it is dispro-portionately low

Proactively address underrepresentation – eg progression of women in their chosen career, part-time and full-time staff from protected characteristic groups participating in training, gender balance on particular courses, differences in retention/completion rates for students from protected characteristic groups

Promote good relations Tackle prejudice Take account of difference wherever possible – eg if refreshments are provided at meetings, vegan or vegetarian food is included as norm

Promote understanding

Ensure that staff know what their responsi-bilities and entitlements are – eg provision of training, resources and support; include in staff review; promotion of diversity across the student body through events/posters/calendars

5September 2013


Slide 4Legislative context continued

Specific duties support the delivery of the PSED. This includes the requirement to assess and review policies and practice against the three needs of the PSED – therefore, undertake EIA.

This means: = equality impact needs to be considered for each

need of the PSED for all protected characteristics = evidence needs to be gathered and used in the

assessment = results of EIAs must be used to inform policy/

practice development = all EIAs must be recorded and published

There are nine Scottish specific duties. The specific duties are designed to support colleges in how they deliver the PSED. EIA is one of these duties as it is a key tool to help colleges meet the PSED.

This slide summarises the requirements of the EIA specific duty. Further explanation of these will be given later in the training.

The duty requires that equality impact is considered for each need of the PSED for all protected characteristics, with the exception of marriage and civil partnership which is only required to be considered for the need to eliminate unlawful disctrimination and only in employment.

In order to do this, the duties specify that the college must consider evidence relating to people with protected characteristics (including any evidence received from people with relevant protected characteristics).

EIA cannot be a tick-box exercise. The college must make sure it uses the findings or results of the EIA when developing the policy or practice.

The college must record the EIA so that its results can be published to demonstrate that it is meeting the duties.



Slide 5

This slide illustrates the scope of EIA, which encompasses all aspects of how a college functions and what it delivers. This means that it is everyone’s responsibility to ensure that equality is considered effectively and extends to practice and behaviour as well as written policy documents and procedures.

This is clearly set out in the EHRC’s guidance on assessing impact and the public sector equality duty. www.equalityhumanrights.com/scotland/public-sector-equality-duty/non-statutory-guidance-for-scottish-public-authorities

Scope

EIA needs to cover: = strategic decisions, operational decisions,

policies/procedures and practice = whole college – staff at all levels and students = all functions/departments

‘...policy should be broadly understood to embrace the full range of your policies, provisions, criteria, functions, practices and activities including the delivery of services – essentially everything you do.’

EHRC guidance (May 2012)

7September 2013


Slide 6

This slide highlights the positive aspects and benefits of EIA.

Considering a range of evidence will help gain a clear understanding of any equality issues or impacts and highlight effective practice that is already taking place. It enables us to understand why and how we develop and deliver our policies and practices to meet the needs of all our students and staff.

An evidence-based approach supports organisational development and improvement of staff and student experiences by demonstrating the benefits of change where it is required.

EIA enables colleges to demonstrate how they make sure that equality, diversity and inclusive practice are at the heart of strategy and practice and are linked directly to key drivers. This should include, for example, quality assurance and enhancement, recruitment and selection, curriculum planning, learning, teaching and assessment, staff development and workforce diversity. EIA is therefore a key element of the processes that are central to governance and management.

Reference can be made here to college specific strategy, policy and practice in respect of equality and diversity, quality assurance and enhancement, health and safety, safeguarding, strategic planning and how EIA will support their delivery.

Benefits

EIA helps the college in: = understanding equality issues = developing robust evidence-based

policy/practice = being accountable for its decisions and actions = quality assurance and enhancement = taking an anticipatory approach to action/

mitigating risk

EIA enhances effective governance and management.



Slide 7

EIA should not be delegated to equality and diversity practitioners or equivalent. The EIA process should be embedded across the whole college and be approached on a systematic basis. This means that it will be happening at all levels within the college and involve staff in a range of job roles.

The college board, both local and regional, is responsible for ensuring that EIA has been undertaken appropriately and in line with the specific duties. It must also undertake and record EIA for its own decision making.

Managers at all levels should coordinate EIA, for example leaders of workstreams, projects and committee chairs should lead EIA in their own areas.

Policy owners, who have the knowledge required to undertake an EIA, should take ownership of the EIA process. However, it is important to involve people with equality knowledge (not necessarily an equality and diversity practitioner) in an EIA.

A team approach is important – it provides more than one perspective and draws on a range of knowledge and expertise. Involving staff at all levels across the college means that action becomes a reality at both strategic and operational levels.

Accountability and ownership

Who undertakes EIA? = regional board and college board members = managers at all levels = individual staff as part of a team = ‘owner’ of policy /procedure /decision

Team approach to include EIA expertise and objectivity.

Involvement of staff at all levels ensures action and change at both strategic and operational levels.

9September 2013

Overview of equality impact assessment

Slide 8

The college’s EIA process needs to meet the legislation but it should also be appropriate for the college and developed collaboratively on an ongoing basis. The duties do not specify a process for EIA but are designed to enable EIA to be carried out within a college’s existing mechanisms and frameworks, eg during self-evaluation processes or operational planning. Colleges can be flexible in their approach as different types of policies and practices may require different approaches.

However the duties do specify that EIAs must consider evidence relating to protected characteristics. Engaging with people with protected characteristics as part of the process is necessary to ensure that appropriate conclusions are reached.

It is also essential to record the evidence, discussion and action points that arise during the EIA process. This enables colleges to demonstrate due regard to the needs of the PSED and ensure that any negative impact is addressed or positive impact achieved.

Impact assessment should not just be regarded as a process to address deficit. It is also a means to demonstrate and further develop positive impact through highlighting and sharing things that work well and could be transferable to other areas.

Outline the college’s current EIA process, and how it is built into/links with other processes, or will in future.

The process

= No specified methodology or template but needs to be fit for purpose and work at all levels

= Explore the potential for positive impact/ highlight good practice

= Remove/mitigate negative impact = Record evidence and discussion to

demonstrate how due regard to the PSED has been given

= Engagement with relevant individuals/groups (or their representatives) with protected characteristics


Overview of equality impact assessment

Slide 9

This slide shows the five essential steps of EIA, which reflect the requirements set out in the duties.

For all impact assessments, steps 1 and 2 go hand-in-hand. Without proper consideration of evidence, equality impact cannot be understood. An evidence base also supports proportionality of response to equality issues – where impact is marginal or where mitigating an impact for one group has a greater impact on another.

Deciding on, recording and taking appropriate action will demonstrate that the college is using the results of assessments to advance equality. The key questions on handout 2 can ensure that actions are clearly documented and, at the same time, demonstrate that due regard has been given to each need of the PSED.

As well as being a legal requirement, publishing EIAs supports transparency and provides an opportunity for engagement with people with protected characteristics.

Monitoring and review provide a mechanism to ensure that actions taken as a result of EIA are effective and appropriate. EIA should form part of continuous quality review processes embedded in the college’s governance and management framework.

Keys steps for EIA

1. Consider relevant evidence relating to people who share a protected characteristic

2. Assess the impact of applying a decision of a new or revised policy or practice against the needs of the PSED

3. Act on the results of the assessment 4. Publish the results of the assessment 5. Monitor and review the decision/

application of the policy or procedure

11September 2013

Handout 2: the EIA process

Steps in the EIA process Questions for equality consideration1 Consider relevant evidence relating to people who share a protected characteristic

What potential positive/neutral/negative impacts can be identified?

What does evidence demonstrate about positive/neutral/negative impacts for different protected characteristic groups? Eg statistics on participation, progression or outcomes, feedback or complaints

Does the policy/procedure/practice/decision take account of the needs of people with different protected characteristics? How is this demonstrated?

Does it affect some groups differently? Is this proportionate?

2 Assess the impact of applying a decision of a new or revised policy or practice against the needs of the PSED and each protected characteristic

3 Act on the results of the assessment

What action will you take to address negative/promote positive impact, including addressing any gaps in evidence?

How will you ensure there is/will be no unlawful discrimination?

How is/will equality of opportunity be advanced?

How are/will good relations be fostered?4 Publish the results of the assessment

How will you communicate the outcome of the EIA to staff, students, your community and other stakeholders?

Where will you publish and when?5 Monitor and review the decision/application of the policy or procedure and its impact on equality

How will you ensure and demonstrate that your actions are effective?

How will you periodically check that equality impacts have not changed?


EIA in practice

Exercise 1To identify college-specific sources of evidence and where they are situated to help with undertaking future EIAs.

Slide 10

When undertaking impact assessment these are the types of evidence that might be considered. Participants should be encouraged to think about sources of evidence that could be used to assess equality impact.

It is important to emphasise that a range of evidence is needed in EIA and that quantitative statistical data should be complemented with qualitative evidence, including anecdotal evidence, which provides an understanding of people’s experiences.

1 Considering the evidence

Consider the evidence related to protected characteristics at college and local level: = quantitative = qualitative = anecdotal

Participants will need handout 3: EIA evidence/resource bank.

Working in groups/pairs and using handout 3, participants should start to develop an evidence/resource bank and identify where there may be gaps.

Allow time for feedback and discussion at the end of the exercise. Examples of sources of evidence have been provided and these can be used as prompts during feedback.

13September 2013

Handout 3: EIA evidence/resource bank

Source

(eg recruitment stats, staff surveys, student feedback, case studies)

Qualitative evidence provided

(eg student experience)

Quantitative evidence provided

(eg staff/student profile)

Which protected characteristics are covered?


Trainer notes: suggested answers for exercise 1

Source

(eg recruitment stats, staff surveys, student feedback, case studies)

Qualitative evidence provided

(eg student experience)

Quantitative evidence provided

(eg staff/student profile)

Which protected characteristics are covered?

Management information data

Numerical staff profile data

Age, disability, gender, ethnicity. In some cases other protected charac-teristics

Periodic staff survey Staff experience and their understanding of equality

Enhanced numerical data on the profile of staff and their experience

All protected character-istics

Annual student survey Student experience Enhanced numerical data on the profile of students and their experience


Course review, self evaluation reports

Student/staff experience related to retention, participation and success across programmes

Quantitative information on student participation and success across programmes


Committee meeting notes

Staff and student equality related issues identified and discussed

Various

Programme student data

Statistical evidence of student participation in the department’s programmes by protected characteristic


Consultation exercises Staff/students’ thoughts, understanding and experience a specific issue

All protected charac-teristics, depending on the issue under consideration

Review of complaints received

Staff/student experience Statistical data on types of complaint, profile of complainants


Observations/conversations (anecdotal)

Staff/student experience, levels of understanding, inclusive practice


15September 2013

EIA in practice

Exercise 2To give participants experience of working through steps 1 and 2 of an impact assessment and develop their skills in considering equality impacts.

Slide 11

This slide shows suggested questions for EIA steps 1 and 2 (refer to handout 2).

2 Assessing impact

= What positive/negative equality impacts can be identified for each of the three needs of the PSED?

= What does evidence demonstrate about positive/neutral/negative impacts?

= Is account taken of the needs of people with different protected characteristics?

= How is this demonstrated? = Does it affect some groups differently? Is

this proportionate?

Participants should work in small groups or pairs depending on the size of the whole group. They will need:

= handout 4: exercise scenarios Examples have been provided at strategic/regional, operational management and practitioner/learning and teaching levels. The scenarios can be tailored to reflect situations that are specific or relevant to the college or alternative scenarios can be provided by the trainer according to the circumstances of the college and appropriate to the group.

= handout 5: equality impact assessment example format for steps 1 and 2 This handout contains the first two pages of an example format for an EIA process. The remaining pages are contained in handout 6 and will be used for exercise 3.

Using handout 5, groups/pairs should work through steps 1 and 2 of an impact assessment for each of the scenarios on handout 4.

Allow time for feedback and discussion on all three scenarios at the end of the exercise.


Operational management level

Handout 4: example scenarios for exercises 2 and 3

Strategic/regional level Scenario 1Centralisation of finance function as part of a merger process

Three finance teams need to be brought together and potentially rationalised as part of the merger of Oldtown, Middletown and Hightown Colleges. A centralised finance function will serve the newly formed Newtown College.

While roles and responsibilities/finance tasks could be undertaken disparately across the three sites, it is intended that the centralisation of the three finance teams would improve service provision and deliver an efficient, effective finance function for the new college as part of the college’s finance strategy and strategic plan.

It is anticipated that the centralisation would facilitate financial savings, time efficiency and greater opportunities for staff development.

Scenario 2Development of a new student learning support facility

The recently formed Newtown College is undertaking a programme of building and campus regeneration works. As part of this programme it is proposed that the college’s student learning support facility should be accommodated in a new hub area.

The hub will be a large open space that will house the main reception, a café, IT facilities and comfortable seating areas. It is proposed that an area for learning support services will also be housed here in order to make the service accessible and available to all students.

17September 2013

EIA in practice

Practitioner level Scenario 3Policy change for external student trips

As part of annual course reviews across Broadly College it has been identified that in the national certificate agriculture programme those who go on the optional external visits achieve better outcomes than those who do not.

Therefore, as these are known to be a useful means of building knowledge as part of the course, providing students with the opportunity to develop their practical skills, the college has decided to make attendance on these visits mandatory.

The design for the learning support space is open plan and spacious in order to maximise light and ensure that it is welcoming. It will have a service desk where students can come directly for one off aspects of support or to make appointments to discuss particular issues and individual, small meeting spaces where students can meet with support staff to discuss confidential issues.

The decision to place the service in the hub has been based on the need to make the service more accessible and inclusive.


Protected characteristics

Key questions

Notes

Handout 5: equality impact assessment – steps 1 and 2

Title of policy, decision, procedure, or relevant practiceEIA team and lead member of staffType of policy, decision, procedure, or relevant practice

New

Existing

Date of assessment:What are the aims or purpose of the policy, decision, procedure, or relevant practice?Who is likely to benefit?

Identify and consider appropriate evidence related to protected characteristics

Assess the potential impact on groups with protected characteristics (include staff, students and other stakeholders)

= What positive/neutral/negative impacts can be identified?

= What does evidence demonstrate about positive/neutral/negative impacts? Are there any gaps in evidence that need to be addressed?

= Does your evidence fully demonstrate that account has been taken of the needs of people with different protected characteristics?

= If different groups are affected differently is this proportionate?

AgeDisabilityGender reassignmentMarriage and civil partnership (in employment)Pregnancy and maternityRaceReligion or belief (including no belief )SexSexual orientation

19September 2013

EIA in practice

PSED needs Detail of potential positive/neutral/negative impact

Not known Evidence

Eliminating unlawful discrimination, harassment and victimisation Is the policy likely to treat anyone less favourably or disadvantage them because of their protected characteristics?

Could it lead to different outcomes for different protected groups?Advancing equality of opportunity Will the needs of staff and students with different protected characteristics be met?

Could the policy lead to increased take-up/participation by protected groups?

Are there any opportunities to proactively advance equality for specific protected groups and/or between protected groups?Promoting good relations Have steps been taken to tackle prejudice and promote understanding?

How have relevant individuals, groups or organisations been involved/consulted in developing and impact assessing this policy?


Trainer notes: suggested impacts and evidence for scenarios

Title of policy, decision, procedure, or relevant practice

Scenario 1 Centralisation of finance function

Scenario 2 New student support facility

Scenario 3 Mandatory external student tripsEIA team and lead member of staffType of policy, decision, procedure, or relevant practice

New

Existing

Date of assessment:What are the aims or purpose of the policy, decision, procedure, or relevant practice?

Scenario 1 Efficient, effective finance function in the merged college

Scenario 2 Provision of accessible, inclusive student support facility

Scenario 3 Improved outcomes/achievement for studentsWho is likely to benefit? Scenario 1 Staff/students/the college

Scenario 2 Students

Scenario 3 Students

21September 2013


Evidence


Could it lead to different outcomes for different protected groups?

Potential for discrimination in the case of rationalisation of the service currently on three sites – potential redundancy situation could impact on:

= age (older or younger staff could be more likely to be made redundant)

= disability (changes to working location and hours could impact on disabled staff )

= gender (the numbers of men and women at different levels)

= pregnancy and maternity (those who are pregnant or on maternity leave could be affected)

= race (redundancies could have a differential impact on staff from different ethnic groups, eg minority ethnic staff could suffer a proportionally larger number of job losses than white staff )

HR statistics broken down by protected characteristics and taking account of potential impacts.

Advancing equality of opportunity Will the needs of staff and students with different protected characteristics be met?


Are there any opportunities to proactively advance equality for specific protected groups and/or between protected groups?

Changes to working location and hours could have a negative impact on how the college can meet the needs of:

= gender/age (access to childcare etc for those with caring responsibilities)

= gender reassignment (ability to attend regular appointments for someone in transition)

= religion or belief (accommodating religious practice in working hours and prayer space, and availability of appropriate catering)

Potential positive impact on equality of opportunity if facilities at the new site can be upgraded to meet the needs of all staff.

Evidence gathered from consultation with staff and feedback on potential solutions.

Scenario 1



Evidence

Promoting good relations Have steps been taken to tackle prejudice and promote understanding?


Potential for negative impact on relations between staff groups where the above impacts are not taken account of.

Consultation with staff needs to take place to understand how the change could have impacts on relations and to explore potential solutions.

Learning about potential impacts could increase understanding between staff of diversity and difference.


23September 2013

Scenario 2


Evidence



Potential for discrimination if building design does not meet the needs of disabled people.




The design of the service space could have negative impacts on meeting the needs of and/or service take-up by:

= disability (the same could be applicable for those with hearing impairments)

= gender (men can be less likely to access support if they perceive doing so as a sign of weakness. Hub may mean fewer male students access support)

= race (international students may find it easier to have difficult conversations in a quiet environment – it might make it easier to hear and understand a second language)

= sexual orientation (LGB students may feel anxious about discussing issues if they feel that confidentiality is not assured)

Potential positive impact on equality of opportunity through ensuring service is inclusive of all students. For example, opening hours could be extended to give part-time/evening and distance learners equal opportunity to access the services.

Statistics broken down in respect of protected characteris-tics in respect of:

= student profile

= achievement

= access to support services

= type of enquiry/support required

Consultation with students and support staff in respect of potential equality impact issues.

Information with regard to opening hours, arrangements for booking appointments.

ECU male student experience research.



Evidence



Potential positive impact due to increased interaction between different groups using services.

Potential negative impact if requirements of different groups are not accommodated.


25September 2013


Evidence



Making trips mandatory may impact adversely on disabled students – access to buildings/facilities and transport during trip

Policies and practices of the external visit partners need to be considered.

Statistics in respect of student achievement and outcomes broken down by protected characteristic.




Current low participation could be a result of students’ protected characteristics, so research would need to be conducted to find out why they do not attend and potential solutions where an equality impact is a barrier. Potential issues include:

= disability (lack of accessibility for those with mobility or hearing impairments)

= gender (timing of trips for those with caring responsibilities)

= religion and belief (accommodating religious practice in visit timings/locations; some groups of students may have parental objections to them staying overnight unchaperoned)

= content and delivery of talks/activities etc, eg language used, references, how student relationships are handled

Consultation with students and staff to be conducted.

Scenario 3



Evidence



Fostering good relations between students and external partners, with a potential long-term impact on access to the industry for a diverse range of students, may for example lead external partners to think about disability access, or gendered assumptions about their industry.

27September 2013

EIA in practice

Exercise 3Support participants in finding appropriate solutions/taking action to address negative impact or create/promote positive impact.

Slide 12

This slide shows the questions for EIA step 3 (refer to handout 2) together with the options for action. In each case a clear rationale for the decision needs to be recorded and evidence to support it presented.

Where amendments or changes to remove barriers are required appropriate solutions/actions to mitigate negative impact need to be identified and acted upon.

3 Taking action

What changes are you making/action are you taking to address negative/promote positive impact, including any gaps in evidence?

Outcome of EIA: = no action required = amendments or changes to remove barriers = proceed with awareness of adverse impact = abandon (stop and rethink)

Clearly outline the reasons for the decision.

Participants should work in small groups or pairs depending on the size of the whole group. They will need:

= handout 4: exercise scenarios

= handout 6: equality impact assessment example format (step 3)

Using handout 6, groups/pairs should work through step 3 of an impact assessment using the scenarios they worked on in exercise 2. Participants should discuss:

= a decision and subsequent actions

= the rationale for their decision/actions

= how the decision/actions meet the requirement of the PSED

Allow time for feedback and discussion on all three scenarios at the end of the session.


Summary of EIA outcome

Demonstrate how any unlawful discrimination, harassment or victimisation is/will be eliminated

Include:

= where negative impact is identified, action to reduce

= where none is identified, action to monitor/review in the future

= justification of any proportionate negative or positive impact for different groups

How is/will equality of opportunity be proactively advanced?

What changes will be made/action taken?How are/will good relations be fostered?

How will relevant individuals, groups or organisations be involved or consulted?

What changes will be made/action taken?

Key question

Handout 6: equality impact assessment – step 3

What changes are you making/action are you taking to address negative/promote positive impact in meeting the needs of the PSED for all protected groups, including any gaps in evidence?

No action – no potential adverse impact

Amendments or changes to remove barriers

Proceed with awareness of adverse impact

Abandon (stop and rethink)

29September 2013


Scenario 1

Trainer notes: suggested actions and outcome for scenarios


Redundancy and redeployment policies and criteria for the merged college will be impact assessed to ensure that if a redundancy situation arises any potential unlawful discrimination is eliminated

Redundancy and redeployment policies will be adhered to in any redundancy situation



The needs of staff relating to their protected characteristics will be taken into account as far as possible

Review/EIA of flexible working arrangements in order to support staff with different travel times/arrangements

Promotion of current flexible working practices in order to support staff in managing time pressures

Review of car parking at new service location, e.g. in respect of disabled parking

Ensure services previously available to staff affected are still accessible, e.g. college childcare

How are/will good relations be fostered?



Consultation will take place with staff to ensure impacts and needs are identified, on proposed actions and post action to monitor impact, this could be achieved through survey/focus groups







Scenario 2


Design of facilities to take account of accessibility for disabled people, e.g. for wheelchairs, adequate seating provided, office facilities for service staff



The needs of service users relating to their protected characteristics will be taken into account as far as possible

Review of opening hours - could be extended to give part time/ evening and distance learners equal opportunity to access services

Consideration of arrangements for students to meet privately to discuss issues

Consideration of other methods by which students could seek advice/book appointments (e.g. over phone) providing reassurance on confidentiality




Consultation can be carried out via online survey with follow up focus groups to gather evidence of where equality impact could occur, for example for part time students, carers, disabled students





31September 2013


Scenario 3


Work with visit partners so that there are reasonable adjustments to visit locations/transport, facilities and activities where needed.



Consult with students to find out why they don’t attend the visits and what would encourage them to attend. Possible subsequent actions may include:

Possible abandonment of policy and review of whether the learning outcomes of the visits could be achieved in a different way for those who cannot attend, e.g. through videos, visits to the college by external experts

Flexibility in timings of visits/locations

Review of activities/content with visit partners to ensure inclusive of all students




Consultation will take place (as above)

Good relations will be fostered through consultation and the development of appropriate solutions (see above)






EIA in practice

Slide 13

As well as being a requirement, publication is important in order to ensure that the college can demonstrate it is accountable for its decision-making and practice. Everyone undertaking EIA in the college must record the process and ensure it is sent to [insert staff member/department] for approval, publishing and follow up monitoring.

College-specific information should be provided with regard to the college’s own approach to publication.

It will support the development of partnerships and consultation with community and special interest groups and can form a platform for communication and engagement.

Publication is also a means to demonstrate that equality and diversity contribute directly to the college’s strategic aims and ambitions and it is a tool for enhancement/improvement of practice. This could be particularly useful in the context of merger or federal working.

4 Publication

How will you communicate the outcome of the EIA to staff, students, your community and other stakeholders?

Where will the outcome be published?

[Insert college specific information to show: = when/how/where publication will take place = transparency of decision making and actions = contribution to strategic ambitions/enhanced

operational delivery]

33September 2013

EIA in practice

Slide 14

College-specific information should be inserted with regard to the college’s own approach to monitoring and review.

It is important to ensure that not only is action taken but that it can be demonstrated to be effective.

Rather than creating an additional system for monitoring and review for EIA purposes, it should be built into mechanisms and processes that already exist, for example, annual course reviews, staff appraisals, quality enhancement programmes.

Ensuring that responsibility is attached to actions provides accountability and operationalises actions, embedding them into operational planning, delivery and reporting mechanisms and demonstrates how they contribute to both mainstreaming and the college’s equality outcomes.

For board level/senior manager/workstream leader audiences the above point can be linked to the specific duty to report on mainstreaming equality and the review of equality outcomes.

5 Monitoring and review

How will you ensure and demonstrate that your actions are effective?

What is your timeframe for delivery and reporting?

[Insert college specific information to show: = timeframe for review = process for monitoring the implementation of

EIAs = how responsibility is attached at both strategic

and operational level]


Slide 15

Mainstreaming EIA

The college has a specific duty to mainstream equality across all its functions. EIA is a key tool in achieving this. It also provides a tool for decision-making and management. The robust evidence base that the EIA process provides means that decisions are not based on perceptions or assumptions.

Informed decisions ensure that better policies, procedures and systems are developed to shape and support the way the college is governed and managed. This is imperative in the context of merger and regionalisation. It can ensure action is taken and everyone understands their responsibilities and is accountable for their actions.

In this way, EIA is a tool that is central to legislative compliance, effective governance and strategic and operational management. EIA has to be applied in the context of regionalisation, merger or local organisational change to ensure changes/decisions/new policies and ways of working take account of equality impact.

It may be helpful to supply copies of ECU’s guidance Assessing impact for equality during and beyond college regionalisation. www.ecu.ac.uk/publications/assessing-impact-for-equality-college-regionalisation

Mainstreaming EIA A tool for informing decisions

Regional or college level in respect of policy, procedures and systems.

Individual level in respect of practice, behaviour and communication.

Supporting change and organisational development through merger and regionalisation.

35September 2013

Mainstreaming EIA

Slide 16

Through the requirement to monitor and review, EIA becomes a useful management tool.

For monitoring and reporting purposes, performance indicators for equality can be built into both strategic and operational plans.

Also, reporting on equality consideration and due regard can be incorporated into, for example, committee reporting and in committee papers, workstream reports, reporting on regionalisation decision-making, in the same way as other core business processes such as risk assessment or health and safety.

Performance management through appraisal and staff development can support staff in the development of their skills to deliver the college’s equality ambitions and in their own practice.

Both the decision-making and management aspects of the EIA process can be used to inform planning. Taking a holistic, embedded approach to EIA ensures that it is built into all aspects of how the college plans and delivers its services, achieving the best experience/outcomes for staff and students.

Mainstreaming EIA A management tool

Monitoring and reporting.

Informing performance management.

A tool for planning and development

Developing best practice/mitigating risk.

Informing partnership building.

Supporting staff – resources/training.


Mainstreaming EIA

Slide 17

The strategies set out on this slide can be used for effective implementation and have been drawn from the experience of other colleges and universities. They support a whole college approach.

Leadership at the highest level demonstrates commitment and enables leaders to act as and be visible champions of the equality and diversity agenda. At the same time, EIA should be visibly led from the highest level and this is particularly important in merger and regionalisation. For example, leaders of workstreams, projects and committee chairs should lead EIA in their own areas.

Senior level ownership is particularly important where multiple changes are being implemented as a result of regionalisation/merger [tailor to fit college context] and where there may be compound impact as a result of these multiple changes. This compound impact needs to be impact assessed to ensure that the effect of each decision is considered holistically. It is likely that college board, senior management team, and operational managers will undertaken these larger scale EIAs but others will need to contribute their expertise

Embedding into organisational development at strategic and operational levels will result in better outcomes for both staff and students.

Mainstreaming EIA Strategies for effective implementation

Leadership – sending out the right message.

Part of an ongoing process of evidence based reporting and decision making.

Demonstrate how decisions based on equality consideration will:

= contribute to delivery of strategic objectives = enhance practice and deliver results

Central aspect of governance and management.

Identify contribution to supporting the development and delivery of college mission and strategy.

37September 2013

Mainstreaming EIA

Delivering EIA as a central part of governance and management ensures that the College can demonstrate that equality, diversity and inclusive practice are becoming mainstreamed.

By using EIA as an organisational development tool, there is an opportunity to identify its contribution to supporting the college’s mission and strategic aims, not just in terms of equality and diversity but also in respect of the best student and staff experience. This is particularly relevant in the context of merger and regionalisation.

Reference can be made here to the college’s mission and strategic aims.

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