NATSPEC HR FORUM30TH June 2010

E&D – what it means for recruitmentActivity 1 Feedback

1. The Equality Act 2010 replaces which existing anti-discrimination laws.

All of them - (2 pts)

Previous Legislation covered•S

ex (Equal Pay Act 1970 and Sex Discrimination Act 1976)

•Race (Race Relations Act 1976)

•Disability (Disability Discrimination Act 1995 (DDA)/SENDA 2001)

•Sexual orientation (Employment Equality (Sexual Orientation) Regulations 2003/ Equality Act (Sexual Orientation) Regulations 2007

•Religion or belief (Employment Equality (Religion or Belief) Regulations 2003/Equality Act, 2006)

•Age (Employment Equality (Age) Regulations 2006)

•Marriage and civil partnership

•Gender reassignment

•Pregnancy and maternity

Simpler Law•L

ess complex - replaces nine pieces of legislation and 100 other instruments

•Clear and consistent approach – extending the scope for positive action

•Gives people better access to their rights – clearer law and guidance; protects people from dual discrimination

Stronger Law•M

ore inclusive public services; A new integrated Equality Duty on public bodies

•Fairer services for older people – bans age discrimination in service and public functions

•More rights for disabled people – schools to provide more resources (where reasonable); prevents employers asking health and ability questions before making a job offer

2. In which month did/does the full Act come into force?

C) October – (2 pts)

3. Which of the following are NOT protected by anti-discrimination law?

d) Alcoholism e) Obesity g) Ginger hair k) Class (2 pts)

•Discrimination on grounds of alcoholism, obesity, ginger hair and class are not currently limited by discrimination law.

•Less favourable treatment on the grounds of hair colour or appearance, except where it is linked to race, isn't specifically prohibited and name calling of someone with red hair does not amount to unlawful discrimination.  Picking on someone because they have ginger hair could amount to bullying however.

4. In terms of Positive Action, what does the new Act now state?B: Employers will be allowed to discriminate in favour of a minority applicant who is as qualified as another applicant for the same role, if that minority group is under-represented in the workforce

B) - (2 pts)

Positive discrimination•F

avouring minority applicants to meet a quota - is illegal, and every person appointed to a job in the UK must be selected on merit

Positive Action•T

he 2010 Act includes an extended definition of positive action to enable employers to address significant patterns of under-representation amongst their staff.

•Positive action will be allowed if it is a proportionate means of addressing needs for disadvantages shared by members of a protected group. It will also be allowed to encourage wider take up in activities where the participation of members of a protected group is disproportionately low.

Positive Action allows for….•Targeted advertising •Targeted training for identified groups/individuals•Recognition of overseas qualifications•Mentoring/work shadowing opportunities•Empowerment strategies – BME focus groups•Fast track training• ‘Grow your own’ CPD strategies• there is a clause which would, in certain circumstances,

allow employers to recruit or promote a worker with a protected characteristic in preference to another equally qualified candidate

5. What do the following acronyms stand for?

A) BAME - (Black Asian & Minority Ethnic)B) BME (Black & Minority Ethnic)

6. By 2020, what will be the percentage of BME entrants to the labour force?

B) 75% - (2 pts)

7. What is the approx BME student population in FE and specialist colleges in the UK?

20% - (2pts)

8. In cases of discrimination, what is the maximum amount of compensation that can be awarded?

D) No limit – (2 pts)

9. Out of 360 (circa) FE colleges in England, how many have principals/chief executives from a BME background?

13 – (2 pts)

10. Out of 68 (circa) specialist colleges included in Natspec’s list of colleges, how many have principals/chief executives from a BME background?

????