The Local Government Equality Standard pages 4 to 7
Chapter Two Race Equality Scheme pages 8 to 19
Chapter Three Disability Equality Scheme pages 20 to 29
Chapter Four Gender Equality Scheme pages 30 to 36
Chapter Five Equality Policy on Sexuality pages 37 to 41
Chapter Six Equality Policy on Religion/ Belief pages 42 to 47
Chapter Seven Equality Policy on Age pages 48 to 55
Chapter Eight Equality Policy on Rurality page 56
Appendices
Appendix A How to contact us pages 57 to 61
Appendix B Consultation Arrangements page 62
Appendix C List of Functions pages 63 to 66
Appendix D Equality Impact Assessment Toolkit pages 67 to 82
Appendix E Useful names, addresses and contacts pages 83 to 85
Appendix F Glossary of Terms pages 86 to 87
Appendix G Summary of Consultation pages 88 to 95
Berwick-upon-Tweed Borough Council
Inclusive Equalities Scheme
Introduction
We are pleased to introduce this new Inclusive Equalities Scheme for Berwick-upon-Tweed Borough Council. This Scheme represents the most far reaching commitment to equalities that has ever been made in this Council’s history and it should be seen as a major step forward in the way we are approaching our responsibilities in this District and it demonstrates our commitment to making equality and diversity a reality for all who live, work and visit here.
The production of this Scheme follows a considerable amount of research, policy and function scrutiny, consultation and involvement with a wide range of partners and we are proud to say that the results reflect well on these efforts in achieving a tool for the practical implementation of the full range of equality issues.
Every individual in the area served by Berwick-upon-Tweed Borough Council expects and should receive fair and equal treatment when accessing our services
Employment opportunities with us should be fair and we recognise that our workforce should represent the diverse nature of the communities we serve.
In everything we do, we aim to remove unfairness and promote equality of opportunity, equal access for all and good relations between people from all backgrounds.
We recognise that people are often treated differently on the basis of many factors –
race or colour, nationality, ethnic or national origin
disability
gender, marital status
sexual orientation
religion, belief or culture
age
geographical location and income group
We decided sometime ago to produce an Inclusive Equalities Scheme that incorporates all our legal responsibilities for both service delivery and employment. The Scheme goes beyond the minimum that the law requires and takes into account good practice in all areas of equality.
In the Scheme, we start with our overall Equalities commitment, encompassing geographical location and income group in Chapter One. Then we address each of the other equality issues in separate chapters, dealing with specific needs relating to each one. A detailed action plan has been produced for each equality ‘strand’.
There is much talk about moving towards “Diversity” as a unifying approach to all equality issues but it is our view that until we are certain that we have removed all practical barriers that exist for an individual arising because of the separate equality issues, we cannot truly say that we are achieving an approach that relies on treating a person as an individual.
By working through our programme of commitments set out in the Scheme, we hope to work towards a more inclusive social model where diversity is understood, accepted and valued, and becomes the norm.
Jane Pannell, Chief Executive Cllr E. I Hunter, Leader
In 2006, we revisited our Race Equality Scheme and the processes that it had put in place, to ensure that services meet the needs of the community as a whole and that the basis of delivery is fair and equitable.
This review also presented us with an opportunity to re-examine our long-standing commitment to equality of opportunity and to accept that notwithstanding this commitment, this had been isolated to specific areas and services and consequently it had not always been an integral part of the day-to-day working of this authority.
In order to redress the balance, we embarked on an ambitious journey toward social inclusion.Our definition of social inclusion is a society which
Has a shared vision and shared values
Improves the quality of life for all by reducing inequalities
Tackles unfair and unlawful discrimination
Builds strong cohesive communities
Acknowledges that diversity brings added value to the lives of all who live and work and travel to the area
This means that in addition to addressing the statutory requirements, we also have moral duties. Thus, we established that an Inclusive Equalities Schemewould make extremely good business sense. Our Scheme incorporates our Race Equality Scheme (see Chapter Two ) and the two recent duties described as our Disability Equality Scheme (see Chapter Three) and our Gender Equality Scheme(see Chapter Four
OurInclusive Equalities Scheme also covers the statutory requirements in relation to The Employment Equality Regulations - Sexual Orientation, Religion or Belief and Age and should be seen to apply across the wider social spectrum including important local issues such as urban/ rural mix, income group and geographical location.
We intend that our Inclusive Equalities Schemewill lay a firm foundation upon which we will continue to build on the promotion of our all embracing approach and thus provide us with a robust framework for evolution and learning. It also provides us with a framework of actions and evidence gathering to achieve nationally recognised standards through The Equality Standard for Local Government.
We will therefore examine everything that we do through the processes described in our Action Plans at the end of each Chapter and in this way seek to demonstrate that over time, we will meet the needs of all minority groups in our district, all men and women, and people with disabilities and of all age groups.
1.2 Our Vision and Values
Our Vision is simple:
“Working together to build a borough people are proud to live and work in through community leadership and excellent services.”
Our vision is underpinned by a set of values that is shared by members and officers.
Our Values: -
Leadership
Partnership
Customer First
Equality
1.3 The Local Government Equality Standard (LGES)
The Equality Standard recognises the importance of fair and equal treatment in local government services and employment and this will help us achieve Our Vision and Values and to implement the commitments made in this Inclusive Equalities Scheme.
The Standard has been developed as a tool to enable authorities to mainstream gender, race and disability into council policies and practices at all levels. However, Berwick-upon-Tweed Borough Council intends to apply them in addition to sexual orientation, religion or belief and age. We also have a commitment to fairness of treatment in relation to geographical location and income group and consider the effects of rural/ urban mix.
The Standard promotes a framework for delivering an integrated and mainstreamed approach to equality and diversity in employment and training, service delivery, corporate policies and community consultation.
It aims to:
§ provide a systematic framework for mainstreaming of equalities
§ meet legal obligations
§ integrate equalities policies and objectives with Best Value
§ tackle institutional discrimination and develop anti-discrimination practices
§ over time, improve performance
The Standard is achieved by working through five levels starting with Level One through to Level Five for excellence. The five levels are :
Level One - Commitment to a comprehensive equality policy
Level Two - Assessment and Consultation
Level Three - Setting equality objectives and targets
Level Four - Information systems and monitoring against targets
Level Five - Achieving and reviewing outcomes
1.4 What we intend to do to achieve Level One
We will achieve Level One at the end of March 2007 by demonstrating that :
§ we are improving equality practice at both corporate and departmental level
§ we are committing officer time and resources for improvement
§ we are carrying out equality action planning and equality target setting within all departments and service areas
§ we are planning systematic consultation
§ we have a fair employment and equal pay policy
§ we have an impact and needs/ requirements assessment
§ we are monitoring progress
§ we audit and scrutinise ourselves
1.5 What we intend to do to achieve Level Two – Assessment and Consultation
We are committed to achieving Level Two by the end of September 2007
To achieve Level Two, we will have to demonstrate that :
§ we have engaged in an impact and needs/ requirements assessment
§ we have engaged in consultation with designated community, staff and stakeholder groups
§ we have engaged in the development of information and monitoring systems
§ we have engaged in an equality action planning process for employment, pay and service delivery
§ we are developing a system of self assessment, scrutiny and audit
The Corporate action plan we have devised to achieve this follows.
1.6 What we intend to do to achieve Level Three – Setting Equality Objectives and Targets
To achieve Level Three we will have to demonstrate that:
We are working in partnership with all the Northumberland District and County Councils to achieve Level three ESLG by December 2008
The Equality Standard for Local Government –
Corporate Action Plan
Objective
Actions/ Targets
By Whom
Time Frame
To achieve Level One
Quarterly assessment of Best Value Performance Indicator 2a
Input from all Departments and Equalities Steering Group
Continuous action to collect data
Level Two to be achieved by end of September 2007
To achieve Level Three we will be able to demonstrate that:
● we have completed a full and systematic consultation process with designated community, staff and stakeholder groups
Quarterly assessment of Best Value Performance Indicator 2a
Input from all Departments and Equalities Steering Group
Continuous action to collect data
Level Three to be achieved by end of December 2008
● we have set equality objectives for employment, pay and service delivery based on impact and needs/ requirements assessment and consultation
As above
As above
Level Three to achieved by end of
December 2008
● equality objectives have been translated into action plans with specific targets
As above
As above
Level Three to achieved by end of
December 2008
● we are developing information and monitoring systems that allow us to assess progress in achieving targets
As above
As above
Level Three to achieved by end of December 2008
● action on achieving targets has started
As above
As above
Level Three to achieved by end of
December 2008
Chapter Two - Race
2.1 Introduction
This is Berwick-upon-Tweed Borough Council’sRace Equality Scheme for 2007 – 2010. It supersedes our original Scheme which was developed in May 2002 and updated in May 2005.
We are committed to the promotion of Racial Equality in the way that we deliver our services and in our quest to become a preferred employer. We aim to recognise the cultural, ethnic, religious and linguistic diversity that our Borough and society reflect.
This document has been designed to demonstrate how we will put into practice our commitment to the promotion of Race Equality and in particular how we intend to address our Statutory Duties under the Race Relations (Amendment) Act 2000.
2.2 The Race Relations Act 1976
The Race Relations Act 1976 brought into being a number of controls to eliminate discrimination based on race. Race is defined as “race, colour, nationality, national or ethnic origin.” Discrimination could be direct, indirect, or by victimisation or harassment - all forms are equally unacceptable and likely to be unlawful.
In 1999 the Report of the Stephen Lawrence Inquiry by Sir William MacPherson was published which identified the fact of “institutional racism” in one of Britain’s main public services.
“Institutional racism” is defined as :
“The collective failure of an organisation to provide an appropriate and professional
service to people because of their colour, culture or ethnic origin. It can be seen
or detected in processes, attitudes and behaviour which amount to discrimination
through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which
disadvantage minority ethnic people.”
In the course of the Inquiry it became apparent that the 1976 Act left a number of gaps because some elements of public functions were not classed as a service and so failed to deal with situations when a person might suffer prejudice but was unable to take action about it because a “service” was not being provided to that person at the time.
2.3 The Race Relations Amendment Act 2000
In order to close this gap the Race Relations (Amendment) Act 2000 was passed and became law on 2nd April 2001. This widens the scope of the original 1976 Act and outlaws racial discrimination in all public functions. It requires all public authorities to follow a minimum standard, signaling that racial discrimination in the way an authority works is unacceptable and must be eliminated.
One of the specific duties set down by the Act is the requirement to publish a Race Equality Scheme. Our Race Equality Scheme is set out in this Chapter and now forms part of our Inclusive Equalities Scheme.
Our Race Equality Scheme sets out how we intend to continue to meet the requirements of the Act and specifically our arrangements for:-
Meeting the General Duty
§ how we will eliminate unlawful racial discrimination
§ how we will promote equality of opportunity
§ how we will promote good relations between persons of different racial groups
Meeting the Specific Duties
§ to produce a Race Equality Scheme which sets out the way we intend to meet the General Duty and the associated Specific Duties
§ to assess our functions and policies for relevance to race equality
§ to monitor our policies for impact on race equality
§ to assess and consult on new policies
§ to publish the results of any consultation, monitoring or assessment carried out
§ in relation to any current or new policies
§ to ensure that the public have access to the information and services we provide
§ to train our staff on the requirements of the Act
Meeting the Employment Duty
to monitor existing staff (and any applicants for jobs, promotion, or training) by their racial group.
This will include monitoring and analysing, according to racial group, all examples of:-
§ grievances lodged
§ disciplinary action
§ performance appraisals
§ training
§ staff leaving the Council
2.4 Berwick-upon Tweed Borough – geographical location and population breakdown
Berwick-upon Tweed Borough is a geographically diverse community - urban and rural – centred around an old Market town with a large commuter population.
Berwick-upon-Tweed Borough Council is a statutory local government body serving a population of 29,949. We are one of the largest employers in the area. The Council provides a number of services to the Borough and its communities.
The Council believes that, as a responsible employer and service-provider, we should continue to place racial equality at the very heart of our corporate being. This is demonstrated by policies, practices, service given, manner of behaviour, decisions taken.
Therefore everyone - members of the public, visitors, external organisations or bodies, Councillors, staff – will be treated in the same way in whatever dealing they may have with the Council. Decisions or actions will not be influenced by any form of racial prejudice. Conditions and requirements will not be imposed, or policies adopted, which in any way lead to comparatively unfavourable treatment between racial groups. On the contrary – the Council will continue to strive to ensure that its conduct actively promotes equality at all times and in all areas.
2.6 How and when will we meet the general and specific duties?
We have produced a list of all our functions, policies and procedures which includes our assessment of the relevance of each function and duty to race equality. See Appendix C
This is only the first step of a lengthy procedure which will lead to further, more detailed Impact Assessments for which the Northumberland authorities have developed a common toolkit for use in each service unit. See Appendix D.
The Council has trained each Service Unit Manager who is responsible for the completion of the impact assessment. A Corporate equality and diversity steering group has also been established to monitor and ensure the impact assessments are being completed.
To assess the level of relevance of a particular function or policy to the general and specific duties, we use the following measurements: -
What evidence is there?
This is assessed by using research information, outcomes of consultation, ethnic monitoring of service delivery and whether or not we receive any complaints.
Is there public concern, especially among ethnic minority communities, that certain functions/policies are discriminatory or racist?
This is assessed by using research information, outcomes of consultation, complaints and ethnic monitoring of service delivery.
2.7 How we will review our plan and timetable
It is our firm belief that this Scheme should not be thought of as being set in stone. In order to maintain its usefulness and validity, it will be reviewed and updated regularly in the light of both comments received on it and our experience in implementing it. It is therefore reviewed in the following ways: -
The Equalities Steering Group reviews and monitors impact assessments undertaken in respect of all the functions and services of the Council
The Scrutiny Committee undertakes the evaluation of the Impact assessment outcomes and scrutiny.
Wider Community Consultation – we will embark on a programme of wider community consultation towards the end of this year.
2.8 Our Racial Equality Performance Indicators and Targets
A number of national Best Value Performance Indicators have been set up specifically to address racial equality within the Corporate framework these are:-
BVPI 2a The Equality Standard for Local Government
This records the level of the Standard to which the Authority conforms. The Council will achieve Level One and aims to achieve Level Two by September 2007. For further details of how we intend to do this see Chapter One.
This Performance Indicator is the responsibility of the Director of Environment..
BVPI 2b Duty to Promote Race Equality
This measures the effectiveness of our Race Equality Scheme and records the progress being made against the targets in the Scheme.
Spread over a range of criteria the Council achieved 47 % for 2006-2007 against a target of 84% and aims to achieve 100% for 2007-08.
This Performance Indicator is the responsibility of the Director of Environment.
BVPI 17
This relates to the percentage of local authority employees from minority ethnic
communities compared with the percentage of the economically active ethnic minority community population in the authority area.
At Berwick-upon-Tweed Borough Council, we analyse the overall numbers of the different ethnic groups that make up our workforce. The overall non white minority ethnic proportion of our workforce in March 2007 was 0%, which is lower than the economically active non white minority ethnic proportion of the Berwick-upon-Tweed Borough area (0.4% )but is subject to change over a period of time.
Source: 2001 Census see www.statistics.gov.uk
This Performance Indicator is the responsibility of Personnel Officer
BV PI 174
This relates to the number of racial incidents recorded by us per 100,000 population.
“Racial incidents” are any incidents regarded as such by the victim or anyone else. The indicator applies to all of our services including employment.
This Performance Indicator is the responsibility of the Customer Services Officer. No incidents were recorded per 100,000 of population in 2006/07.
BV PI 175
This relates to the percentage of racial incidents that resulted in further action. Subsequent action must be recorded in writing and would entail such things as:
§ Detailed investigations e.g. interviews with alleged perpetrator(s)
§ Referral to the police or other body (CRE, CAB etc.)
§ Mediation
§ Warning to the perpetrator which if oral must be recorded at the time
§ Relocation of the victim
§ Removal of graffiti
Traditionally, the reporting of such incidents has been low in the Berwick-upon-Tweed Borough. However, because we are taking an ever more proactive stance on this we are seeking to improve our procedures for recording and responding to such incidents.
BVPI 175 is the responsibility of the Customer Services Officer. The reported figure for 2006/07 was zero.
Our performance on all of these indicators is published in the Council’s Best Value Performance Plan
2.9 Training
It is essential that all Council members and staff have a good understanding of the principles of the Race Relations (Amendment) Act 2000 and its important implications for service delivery. In view of this the Council has implemented training in the following areas: -
§ General equalities awareness training for all staff through sessions included in staff briefings
§ Specific training for line managers and those responsible for undertaking equality impact assessments through sessions facilitated by specialist consultants
§ General equalities awareness training for all Members through sessions included in all Member briefings
§ Provision of training for all staff through online training material. The material includes self assessment tests which are recorded and will form an LPI to be reported from 2007-08
2.10 Contact details and Consultation Arrangements
To contact us see Appendix A. For details of our consultation arrangements see Appendix B.
Race Equality Scheme –
Corporate Action Plan
The General Duty
Actions/ Targets
By Whom
Time Frame
To demonstrate that Berwick-upon-Tweed Borough Council meets the General Duty by explaining :
● how we will eliminate unlawful racial discrimination
by implementing the Specific Duties – see below
Member Champion
All Departments supported by Director of Environment
Continuous
● how we will promote equality of opportunity
by implementing of the Specific Duties – see below
Member Chamption
Leader of the Council
All Departments supported by Director of Environment
Continuous
● how we will promote good relations between persons of different racial groups
Through various local activities and partnerships
The Equality Steering Group
To be led by Director of Environment
Director of Environment
Continuous
Forum meets every six weeks
Corporate support for the work to meet the General Duty and Specific Duties
Commitment to Race Equality to be incorporated in the Corporate Plan
Director of Environment
Immediate and continuous
Corporate Policy Review
Equality Impact Assessments are carried out in respect of every policy function, process and procedure.
Results are fed into service business planning process.
New policies will be formulated giving consideration to the Corporate Commitment to Race Equality
All Departments supported by Director of Environment
As above
As above
Continuously in line with Departmental 3 years rolling Equality Action Plans
Annual business planning cycle
Continuous
Race Equality Scheme –
Corporate Action Plan Continued
The General Duty
Actions/ Targets
By Whom
Time Frame
Consultation
Through web site
Wider Community Consultation
Director of Environment with ICT Department
The Inclusive Equalities Scheme including the Race Equality Scheme will be circulated for consultation throughout the community and will be continuously improved and updated in response to comments received
Training and Development
Equalities training offered to all members and line managers
All Councillors have received specific race equality awareness raising sessions and further will be provided through all member Briefings
Director of Environment
Director of Environment
On-line Equality and Diversity Training available June 2007 onwards
As and when needed
Specific Duties
Actions/Targets
By Whom
TimeFrame
Produce a Race Equality Scheme which sets out the way we intend to meet the General Duty and the associated Specific Duties
Review and improve existing Race Equality Scheme
Director of Environmentt
This updated version to be reported to Members in March 2007
Assess our functions and policies for relevance to race equality
Undertake Equality ImpactAssessments
Offer Equality Impact Assessment “surgeries”
All Departments with the assistance of Director of Environment and Equalities Steering Group
Director of Environment and Equalities Steering Group
In line with the Business Planning process and the 3 year Equality Rolling Action Plans
A programme of Impact Assessment training was completed in December 2006 and will be supplemented with further training as and when needed
Monitor our policies for impact on race equality
Develop proportionate means of collecting, analysing data
All Departments with the assistance of Director of Environment and Equalities Steering Group
Continuous
Assess and consult on new policies
Undertake Equality Impact Assessments
Equalities Steering Group to be provided with copies
All Departments with the assistance of Director of Environment
Director of Environment
As and when required
The Equalities Steering Group meets every six weeks
Publish the results of any consultation, monitoring or assessments carried out in relation to any current or new policies
Through Intranet and website pages
Communicate to the Equality and Diversity Forum and publish in
Council Results
Director of Environment
Director of Environment
In Council Results every June
Equalities Steering Group meets every six weeks
Ensure that the public have access to the information and services we provide
Contract with Language Link for interpreting services
“Access Signpost” to go on all our leaflets, booklets and letters offering alternative formats
Director of Environment and
Ongoing
To train our staff on the requirements in respect of the Specific Duties Act in relation to service delivery
Equalities training offered to all officers through online training
Equality Impact Assessment training
Director of Environment
Director of Environment
Managing Equality and Diversity Training June 2007
A programme of Impact Assessment training was completed in December 2007 and will be supplemented with futher training as and when neeed
Other
Actions/ Targets
By Whom
Time Frame
To review and improve the reporting and recording procedures for racial incidents
Involve the Equalities Steering Group
Director of Environment and Equalities Steering Group
Meeting of local stakeholders to be held to determine next actions
Race Equality Scheme –
The Employment Duty Action Plan
Specific Duties
Actions/ Targets
By Whom
Time Frame
To demonstrate that Berwick-upon-Tweed Borough Council meets the Specific Duty for Employment
To monitor, analyse and report on :-
● existing staff
● all applications for jobs at
all stages of the process
● applications and delivery
of training
by ethnic group.
Personnel Officer
Continuous
As above
To research the feasibility of a system to monitor, analyse and report on promotion by ethnic group
Personnel Officer
Research to be completed by – to be advised
As above
Monitor, analyse and report on all examples of:-
● grievances lodged
● disciplinary action
● performance appraisals
● staff leaving the Council
by ethnic group
Personnel Officer
Continuous
To demonstrate that Berwick-upon-Tweed Borough Council meets the Specific Duty for Employment
General equalities awareness training made available to all staff and members
All staff involved with recruitment and selection receive relevant training
Director of Environment
Personnel Officer
As above
Investigate positive measures if areas of under-representation are identified in the monitoring process and take appropriate action
CDO
Continuous
To support the Specific Duty for Employment Berwick-upon-Tweed Borough Council will seek to eliminate harassment on the grounds of race
Monitor complaints of harassment and take remedial measures as needed
Summary reports to be made available to the Equalities Steering Group
Personnel Officer
Continuous
Chapter Three - Disability
3.1 Introduction
The Disability Equality Duty requires Berwick-upon-Tweed Borough Council to produce a Disability Equality Scheme to be reviewed annually and revised by March 2010. The Disability Equality scheme describes the way that we will meet our legal duties under the Disability Discrimination Act 2005.
In its 2005 report “Improving the Life Chances of Disabled People”, the Government sets out its vision of disability equality as follows:
“By 2025, disabled people in Britain should have full opportunities and choices to improve their quality of life and will be respected and included as equal members of society”.
At present disabled people do not have the same opportunities or choices as non-disabled people. Nor do they enjoy equal respect or full inclusion in society on an equal basis. The poverty, disadvantage and social exclusion experienced by many disabled people is not the inevitable result of their impairments or medical conditions, but rather stems from attitudinal and environmental barriers. This is known as ‘the social model of disability’, and provides a basis for the successful implementation of the duty to promote disability equality.
Whilst many people have positive attitudes towards disabled people, some express pity, fear, lack of respect, contempt and even sometimes hostility and aggression. These attitudes are hurtful, can lead to discrimination and can also place unnecessary restrictions on disabled people.
Berwick-upon-Tweed Borough Council recognises that we have an opportunity to make an enormous contribution towards removing the barriers to equal opportunities for disabled people. We intend to do this by addressing the way in which we run our services and how we employ people. We can also exert influence in the community at large, for example when we provide leisure and other services, when we regulate the activities of others, when we award licenses or planning permission, and when we inspect the performance of other organisations.
All of our functions are listed in Appendix B.They are all subject to the duty to promote disability equality. They have all been provisionally assessed for their relevance to disability equality on a matrix of High (H), Medium (M) or Low (L). A more in depth Equality Impact Assessment will be carried for those functions which have been assessed as having High or Medium Relevance to Disability Equality.
Berwick-upon-Tweed Borough Council is committed to fulfilling this new duty in the delivery of all our services because we know that one in six of the population has an impairment or a condition and thus a significant proportion of our customers and employees are disabled within the meaning of the Disability Discrimination Act.
By taking on the disability equality duty we will benefit in the following ways :
● better targeted policies will help avoid wasting public money
● representation of different groups at all levels will help us to find out about everyone’s perspectives and tailor services correctly
● improvements in perceptions of services, and more satisfaction with services will improve quality of life for all residents of Berwick-upon-Tweed Borough
● better involvement and more participation by service users and members of the public will help us to identify priorities for local people.
Meeting the disability equality duty will help us to:
● achieve a more representative workforce
● attract able staff
● avoid losing or undervaluing able staff
● improve staff morale and productivity
● improve staff management
People in Berwick-upon-Tweed Borough were asked about their health in the 2001 Census
The Disability Discrimination Act 1995 has been amended so that it now requires Berwick-upon-Tweed Borough Council to adopt a proactive approach, to mainstream disability equality into all decisions and activities. It requires us to:
• promote equality of opportunity between disabled persons and other persons
• eliminate discrimination that is unlawful under the Act
• eliminate harassment of disabled persons that is related to their disabilities
• promote positive attitudes towards disabled persons
• encourage participation by disabled persons in public life; and
• take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons.
• produce a Disability Equality scheme demonstrating how we intend to fulfill the general duty and specific duties.
• Involve disabled people in the development of the scheme which we have done by:
- Working with Castle Morpeth Disability Association in development of survey used to inform scheme.
- Contacting local disabled people and their support networks to canvass their views which we have taken account of
- Published the scheme on our website
• Publish our methods for impact assessment – see Appendix D
• Publish a plan showing the action we intend to take – our plan is attached at the end of this section
• Explain
- How we are going to gather information in relation to employment and delivery of our services
- How we are going to put the information gathered to use, in particular how we will review our action plan and prepare future Disability Equality Schemes.
We must also publish an annual report containing a summary of the steps taken under the action plan, the results of our information gathering and how we have used the information.
3.3 Berwick-upon-Tweed Borough Council – our ongoing actions in relation to disability equality
As an area with a higher than average age than the general population we, at the Council, are aware of the increasing likelihood of acquiring disabilities due to age, or existing disabilities worsening, again due to age. It is estimated that as many as 1 in 6 of the population have a condition or impairment although many of those people will not see themselves as disabled.
We have already taken many steps towards increasing disability equality in the Berwick-upon-Tweed Borough
• We are establishing an Equality and Diversity Forum with a wide range of partners in the voluntary and community sector
• There is a radio control for Care Alarms which is a scheme where residents who join the scheme can activate the emergency services through a monitor which they wear.
• We provide the Berwick-upon-Tweed Borough Council Handy Person Scheme which provides a safety check inspection to help prevent trips and falls and basic repairs to the home to reduce the chances of accidents
• We plan to link with national disability campaigns and we will develop local campaigns based on our research with the community to address the issues that they have brought to the fore.
• A comprehensive audit of all Council buildings was conducted in 2006 and we will be responding to the results of the audit by improving our premises and access to our services over a period of time.
• We provide Disabled access Grants where a householder can be given a grant to make access adaptations to their home.
• We provide an assisted lift scheme available for anyone who finds it difficult to present their bin at the kerb-side for collection
• We provide a concessionary travel scheme for people who have a disability
3.4 Contact details and Consultation Arrangements
Person
Role
Telephone
E-mail
Mr Rob Marriner
Director of Environment
01289 301820
ram@berwick-upon-tweed.gov.uk
You can write to Mr Marriner at:
Berwick-upon-Tweed Borough Council
Council Offices, Wallace Green
Berwick-upon-Tweed
TD15 1ED
Disability Equality Scheme –
Corporate Action Plan
The Council has a duty to people who have a disability to participate in public life. We intend to do this by:
Action
Who?
When by?
How this will promote disability equality
How will we
know we have achieved it?
Researching the incidence of disabled councillors and employees within Berwick-upon-Tweed Borough Council
Personnel
Officer/Customer Services working Group
By April 2007
Results published by December 2007
It will encourage disabled people to think of themselves as potential employees and as potential councillors
Identified role models of disabled people on the Council and in the council workforce
Consideration of setting up a Disabled Users Group to be involved in directing council policy, practices and procedures
Customer Services Working group
July 2007
To report back by December 2007
It will help disabled people identify good and bad practice in service provision
Feedback will enable the council to make strategic decisions about licensing, etc.
Identify positive images of disabled people in public life
Director of Environment
July 2007
It will encourage disabled persons and the wider public to regard disabled people as being effective in public life
When council policies, actions, etc.use disabled peole’s thinking and perspectives as a matter of routine
Increased public consultation with disabled people and their support networks
Director of Environment
July 2007
It will help the Council to understand and remove barriers to participation
When thre is increased representation of disabled people on the Council and other public bodies in Berwick-upon-Tweed
Disability Equality Scheme –
Corporate Action Plan Continued
The Council has a duty to promote positive attitudes towards disabled persons. We will do this by:
Action
Who?
When by?
How this will promote disability equality
How will we know we have achieved it?
Entry and exit surveys of staff attitudes towards disabled persons prior to training on disability equality
Personnel Manager/Equality Steering Group
Initial results to be published December 2007
It will benchmark position and establish goals for improvement
When all staff have completed surveys and statistical data is available.
Training for all frontline staff on the disability equality duty based on the social model of disability
Director of Environment
July 2007 onwards
Staff will be confident to work with disabled service users and colleagues
Measured through evaluation of training outcomes and via customer satisfaction surveys
Keeping abreast of national and local developments in relation to promoting positive attitudes towards disabled persons
Director of Environment
By April 2007 and continuous thereafter
Will help to benchmark progress within the Borough against other areas in the country
Evidence of changing attitudes in customer surveys, staff surveys and locally organised opinion polls.
Disability Equality Scheme –
Corporate Action Plan Continued
The Council has a duty to eliminate harassment of disabled persons that is related to their disabilities. We will do this by:
Action
Who?
When by?
How this will promote disability equality?
How will we know we have achieved it?
Conducting a research project to determine the incidence of harassment of disabled people in relation to their impairments in the Borough
Director of Environment
July 2007
Will provide a benchmark to measure progress and effectiveness of local campaigns
Statistical information available to compare with national statistics
Implementing recommendations of Access Audit carried out in 2006
Director of Environment
By March 2008
Disabled people will have increased access to all council buildings
This will be monitored against the audit recommendations, and new goals for access will be set for the longer term future.
Conducting a disabled persons’ Customer Satisfaction survey for all council services
Head of Public protection
By July 2007
This will provide a benchmark by which to measure progress, and identify gaps in resources
Statistical evidence will be available to all council departments for increasing disabled people’s access, satisfaction and employment opportunities
Identifying resources and budgeting for increased inclusion of disabled people in the Berwick-upon-Tweed Borough community
Director of Environment
By April 2007
Take account of disabled peoples’ requirements even where that apparently involves treating them more favourably than other persons
Increased demand for appropriate resources to support disabled peoples’ needs and access requirements in Berwick-upon Tweed Borough
Use information gathered as a result of this Action Plan to promote disability equality and review existing scheme.
Director of Environment
Next scheme to be produced by 4 December 2009
It will help us to identify barriers to inclusion and set goals for their removal
When we have good working partnerships with a range of disabled people and their organisations, representing a wide range of perspectives and impairment groups
Publish annual report containing summary of the steps taken under the action plan, the results of information gathering and how we have used the information
Director of Environment
First report December 2007, Second Report December 2008.
This will show that we have made real improvements in disability equality.
From uptake of schemes and when people with disabilities can confirm improvements have been made to their quality of life.
Disability Equality Scheme –
Corporate Action Plan Continued
The Council has a duty to promote equality of opportunity between disabled persons and other persons . We will do this by
Action
Who?
When By?
How this will promote disability equality
How will we know we have achieved it?
Develop arrangements for gathering information in relation to employment
Personnel Officer
July 2007
It will help us to identify barriers to employment and to progression and to set goals for removal of those barriers
Programmes of positive action have been drawn up to improve employment opportunities for disabled people
Ensure that disabled people are aware of employment opportunities with the Council
Personnel Officer
July 2007
It will improve employment prospects for disabled people
Feedback from disabled people and their support networks in the community will show that Berwick-upon-Tweed Borough Council is perceived as a disability friendly employer
Make every effort to keep people in a job if they become disabled whilst working for us
Personnel Officer
September 2007
It will help disabled people to retain their employment and it will increase disabled people’s confidence in disclosing impairments
Monitoring of the workforce will show that disabled people retain their employment with the Council
Interview all disabled applicants who meet the basic criteria for a job and consider them on their abilities
Personnel Officer
July 2007
This will improve employment opportunities for disabled people
Monitoring of the workforce will show that there is an increase in the employment rates of disabled people.
Make sure all employees have the right level of disability equality awareness needed to make this scheme work
Director of Environment
September 2007
Managers and employees will have positive attitudes towards disabled people and the working environment will be equally comfortable for disabled and non disabled people
Monitoring will show that there is an increase in recruitment and retention of disabled people and there will be few or no complaints of discrimination or harassment relating to disability
Chapter Four - Gender
4.1 Introduction
This chapter sets out Berwick-upon-Tweed Borough Council’sGender Equality Scheme. It describes the way that we will meet our legal duties under Part 3 of the Equality Act 2006 and how we intend to advance equality between women and men.
It has been 30 years since the Sex Discrimination Act came into force. Since then, great strides have been made in achieving equality between the sexes and tackling sex discrimination. For example, more women are in the labour market and are helped by flexible work patterns and increased childcare provision. Having said that, there is still a long way to go. Women still come second too often in the workplace and other spheres of life, while men face inequalities too, particularly in their increasingly clear wish to play a full role as fathers and get a better balance between work and personal life.
Nationally, women are still being paid less than men and in some instances face discrimination at work despite record numbers of tribunal cases. In the past 30 years there have been 250,000 employment tribunal cases related to sex discrimination and 67,000 linked to equal pay. Record numbers of cases have been heard in the past five years, but gender equality problems remain "stubbornly persistent" according to the Equal Opportunities Commission who have calculated that individuals spent £51 million taking tribunal cases last year, while employers forked out £68 million to defend themselves.
At Berwick-upon-Tweed Borough Council, 19.2% of the top 5% of the workforce are women. This is recorded in BVPI 11a.
Part-time women workers earn almost 40% less per hour than full-time men, a figure which has barely changed since the 1970s. Most part-time women workers are stuck in jobs below their potential, partly because of lack of flexible working at more senior levels, said the Equal Opportunity Commission report, Facts about women and men in Great Britain, 2005.
The gender equality duty should also be seen in its context of fitting into the broader equality picture. Women and men, including transsexual people, will experience different forms of disadvantage depending on their age, ethnicity, colour, religion and belief, sexual orientation, marital or civil partnership status and whether or not they have a disability. For example, only 47% of disabled women are in employment, compared with 53% of disabled men. Of the disabled women in employment, only 52% work full-time. This compares with an employment rate of 75% for non-disabled women and 86% for non-disabled men.
In order to understand and address questions of gender equality under the duty, we will consider that complexity and whether particular groups of women or men are experiencing particular disadvantages.
Here at Berwick-upon-Tweed Borough Council we recognise that we have an opportunity to make a difference by playing our part in the continuing struggle to remove these barriers and achieve the full and equal participation of women and men in the workplace and in society. We also intend to play our part in making our services more responsive to women and men’s different needs as this will increase opportunities, reduce inequalities and improve quality of life for all.
All of our functions are listed in Appendix C and are subject to the duty to promote gender equality. Our Equality Impact Assessment Toolkit is shown in Appendix D
4.2 The Equality Act 2006
The gender equality duty aims to make gender equality central to the way that public authorities work, in order to create :
● Better informed decision making and policy development
● A clearer understanding of the needs of service users
● Better quality services which meet varied needs
● More effective targeting of policy and resources
● Better results and greater confidence in public services
● A more effective use of talent in the workforce
This creates new enforceable duties for public authorities which we must have due regard to when carrying out our functions. These came into effect on 6th April 2007.
4.3 The General Duty
This duty requires us to adopt a proactive approach, mainstreaming gender equality into all decisions and activities. It specifically requires us to :
● Eliminate unlawful discrimination and harassment based on gender
and
● Promote equality of opportunity between men and women
This means being conscious of our obligations under the Sex Discrimination Act and the Equal Pay Act and taking steps to ensure compliance. It also means taking active steps to promote gender equality when carrying out our functions and activities.
4.4 The Specific Duties
To help us meet the General Duty, further Specific Duties are set out as follows:-
To produce a Gender Equality Scheme identifying gender equality goals and showing the action we will take to implement these goals
Consult employees and stakeholders as appropriate in drawing up the Gender Equality Scheme
Publish the Gender Equality Scheme setting out the goals and planned outcomes
Monitor progress and publish annual reports on progress
Review the Gender Equality Scheme every three years
Develop and publish a policy on developing equal pay arrangements between men and women including measures to :
Develop and publish arrangements and criteria for identifying developments that justify conducting a formal gender impact assessment.
4.5 Aim of the Duties
The aim of the duties is not to establish processes but to make visible and faster
progress towards gender equality. In preparing our Gender Equality Scheme and the associated Gender Equality Action Plan we will use the following indicators of progress:
● Gender equality issues, and their budgetary implications, are considered at the
beginning of policy making
● It is easy to find a wide variety of data and information to assess effectively how certain actions will affect women and men
● Women and men from all groups of the community feel effectively engaged in
decision and policy making around issues that have a direct effect on them
● Service users notice that services are delivered more appropriately and service
outcomes by gender begin to improve
● Women and men are making greater use of services that their sex had previously under-used
● Women and men are represented at all levels of the workforce and in all areas of work
● Sexual and sexist harassment of staff and service users is dealt with promptly
and systematically, according to agreed procedures, and tolerance of
harassment drops within the organisation as a whole
● There is no discrimination against pregnant women and women returning from
maternity leave
● The gap between women and men's pay narrows and is eventually eliminated
● Employees and service users with caring responsibilities are receiving greater
support from this organisation, including flexible and part-time working
opportunities at all levels of work
● Transsexual people feel supported and valued as employees and potential
employees
● Barriers to the recruitment and retention of transsexual staff have been identified and removed
Employees are
♦ aware of the gender equality duty
♦ understand how it will affect their work
♦ are trained in gender equality issues at a level appropriate to their role and responsibilities
5. Berwick-upon-Tweed Borough Council – our ongoing actions in relation to gender equality
Provision of Maternity leave – we provide the statutory minimum of paid leave plus dependant on length of service, we also provide additional maternity benefits.
Provision of two weeks Paternity leave
Flexible working hours to help full and part time staff with childcare or other care responsibilities
The duty is enforceable by law by the Equal Opportunities Commission and subsequently by the Commission for Equalities and Human Rights.
6. Contact details and Consultation Arrangements
Person
Role
Telephone
E-mail
Mr Rob Marriner
Director of Environment
01289 301820
ram@berwick-upon-tweed.gov.uk
You can write to Mr Marriner at:
Berwick-upon-Tweed Borough Council
Council Offices
Wallace Green
Berwick-upon-Tweed
TD15 1ED
Gender Equality Scheme –
Corporate Action Plan
The General Duty
Actions/ Targets
By Whom
Time Fame
Eliminate unlawful discrimination and harassment based on gender
By implementing the Specific Duties – see below
CEO
All Departments with Director of Environment
Continuous
Promote equality of opportunity between men and women
By implementing the Specific Duties – see below
CEO
All Departments with Director of Environment
Continuous
Specific Duties
Actions/ Targets
By Whom
Time Frame
Monitor progress and publish annual reports on progress
Analyse existing data and produce a gap analysis
Publish results
All Departments with Director of Environment
CEO
Departmental 3 Year Rolling Equality Action Plans
Council Annual Report every June
Review our Gender Equality Scheme every three years
Regular feedback through the Equalities Steering Group/Customer Services Working Group
Director of Environment with input from all Departments
Equalities Steering Group meets every 6 weeks
Results published by 30th April 2010
Conduct and publish gender impact assessments consulting appropriate stakeholders covering:
Equalities Steering Group/Customer Services Working Group using the Equality Impact Assessment Toolkit
All Departments with Director of Environment
Results included in 3 Year Rolling Equality Action Plans
Results fed into Business Planning in the planning cycle
● all primary legislation
Identify the potential impact
Borough Secretary/ Director of Environment
As need arises
● significant
secondary legislation
Equalities Steering Group/Customer Services Working Group
Borough Secretary/Director of Environment
As need arises
● all major proposed
developments in
employment, policy
and services
Managers using the Equality Impact Assessment Toolkit
All Departments with Director of Environment
Results included in 3 Year Rolling Equality Action Plans
Results fed into Business Planning in the planning cycle
Gender Equality Scheme –
Employment Action Plan
Specific Duties
Actions/ Targets
By Whom
Time Frame
Develop and publish a policy on developing equal pay arrangements between men and women including measures to :
Equality Impact Assessment
Publish results
Personnel Officer
See Job Evaluation timescale
● promote equal pay
Job Evaluation Scheme in progress
Personnel Officer
In progress
● ensure fair promotion
Linked to Job Evaluation
Personnel Officer/Equalities Steering Group
In progress to tie in with restructure
● ensure fair development opportunities
Linked to Job Evaluation
Personnel Officer/Equalities Steering Group
In progress to tie in with restructure
● tackle occupational segregation
Linked to Job Evaluation
Personnel Officer/Equalities Steering Group
In progress to tie in with restructure
Conduct and publish gender impact assessments consulting appropriate stakeholders covering
all major proposed
developments in
employment and policy affecting staff
Equality Impact Assessments to be carried out and fed into business planning process
Director of Environment
In line with 3 year Equality Impact Assessment Plan
Other employment actions
Review of Recruitment and Selection
Personnel Officer
On going
As above
Review of advertising
Personnel Officer
On going
As above
Review of Job Descriptions and Person Specifications
Personnel Officer and
all Services Departments
On going
Chapter Five – Sexuality
5.1 The Employment Equality (Sexual Orientation) Regulations 2003
From 1st December 2003, the Employment Equality (Sexual Orientation) Regulations came into effect. The aim of the Regulations is to eliminate unfair discrimination based on sexuality in employment and vocational training.
Those protected are :
all workers including the self employed, contract workers, office holders, the police and members of trade organisations.
people taking part in or applying for employment related vocational training, re-training or work experience including all courses at Further Education and Higher Education Institutions and training provided by employers or private and voluntary sector providers.
Those not protected are :
members of the regular armed forces, full-time and part-time reservists and
unpaid volunteers
5.2 Definition of Sexual Orientation
Sexual orientation is defined as –
§ Orientation towards persons of the same sex (lesbians and gay men)
§ Orientation towards persons of the opposite sex (heterosexual)
§ Orientation towards persons of the same sex and the opposite sex (bisexual)
Gender reassignment is a separate issue and unrelated to sexual orientation despite a common misunderstanding that the two issues are part of the same picture. It is unlawful to discriminate against or harass anyone on the grounds that the person intends to undergo, is undergoing or has undergone gender reassignment. These issues are already covered by the Sex Discrimination (Gender Reassignment) Regulations 1999. See Chapter Four, our Gender Equality Scheme
5.3 Unlawful Discrimination
The Regulations make it unlawful for employers to :-
§ discriminate against job applicants, employees or former employees,
§ in the recruitment and selection for employment process
§ in the terms of employment afforded to employees
§ in the opportunities afforded to employees for promotion, transfer, training or receiving any other benefit
§ in dismissing or subjecting employees to any other detriment
5.4 Unlawful Discrimination
The Regulations describe the following ways in which discrimination can occur – these are the same definitions as for other anti-discrimination legislation (except for disability).
Direct Discrimination
deciding not to employ someone because of their sexuality
dismissing someone because of their sexuality
Indirect Discrimination
pension benefits are only payable to an opposite sex partner
Discrimination by way of victimisation
if a manager dismissed an employee who had given evidence on behalf of another employee who had claimed sexual orientation discrimination
Discrimination by means of Harassment
When someone is subjected to unwanted conduct on the grounds of sexual orientation which has the purpose or effect of: violating their dignity or creating an intimidatory, hostile, degrading, humiliating or offensive environment for them.
5.5 Other Relevant Legislation
5.5.1 The Sexual Orientation (Provision of Goods and Services) Regulations
The Equalities Act includes an order making power that will allow Regulations to be made to prohibit sexual orientation discrimination in the provision of goods, facilities and services, in education and in the execution of public functions.
The Government recognises that discrimination faces lesbian, gay and bisexual people in this area in their day-to-day lives and is keen to ensure that the Regulations have effect where they are most needed.
The Civil Partnership Act 2004 came into force on 5 December 2005 allowing two non-related adults of the same sex to register a civil partnership, which has many of the same rights and responsibilities as marriage.
From 5 December the Employment Equality (Sexual Orientation) Regulations 2003 allows employers to restrict employment benefits to married people and people in a civil partnership to the exclusion of those who hold neither status. The Regulations will also require spouses and civil partners to be treated equally in the workplace and for vocational training.
Employers must check that any benefits they provide for spouses of employees, or benefits contingent on marriage such as health insurance for a spouse, or time off before or after a marriage are also available to an employee in a civil partnership, or to their civil partner, if appropriate.
There is no requirement to offer these benefits more widely than spouses and civil partners – i.e. to unmarried opposite-sex couples and unregistered same-sex couples.
Employers must also amend human resource systems and forms and outward facing material and forms to reflect the introduction of civil partnership. Where there is a reference to ‘spouse’ or ‘marriage’ there should also be a reference to ‘civil partner’ or ‘civil partnership.’
They should avoid making people identify themselves as either married or in a civil partnership. In most situations because the treatment given to civil partners and married people is the same, there should be no need to identify them separately.
Be aware that some people may want to change their name upon registering a civil partnership, or hyphenate their name with their partners.
5.6 Contact details and Consultation Arrangements
Person
Role
Telephone
E-mail
Mr Rob Marriner
Director of Environment
01289 301820
ram@berwick-upon-tweed.gov.uk
You can write to Mr Marriner at:
Berwick-upon-Tweed Borough Council
Council Offices
Wallace Green
Berwick-upon-Tweed
TD15 1ED
Sexuality –
Action Plan
Corporate
Actions/ Targets
By Whom
Time Frame
Corporate
Commitment to Equality on the grounds of sexuality and the promotion of a culture of acceptance and freedom from harassment to be incorporated into the Corporate Plan
CEO
All Departments
Continuous
Corporate Policy Review
Equality Impact Assessments will be carried out in respect of every policy function, process and procedure.
Results will be fed into the service business planning process
New policies will be formulated giving consideration to the Corporate Commitment to Equality on the grounds of sexuality
All Departments with Director of Environment
As above
As above
In line with 3 years departmental rolling Action Plans
Legal and Democratic
Monitoring of developments in legislation in relation to sexuality
Adjust action plans accordingly
Borough Secretary
All services
Ongoing
Sexuality –
Employment Action Plan
Employment
Actions/ Targets
By Whom
Time Frame
Recruitment and Selection
All managers given recruitment and selection training and guidance on best practice
Explicit reference made to the Councils commitment to Equality on the grounds of sexuality within the information sent to prospective candidates
Personnel Officer
As above
Continuous
Training and Development
General equalities awareness training made available to all staff and members
All staff involved with recruitment and selection to receive relevant training
Equalities training offered to all members
Director of Environment
Personnel Officer
As above
Continuous
Chapter Six - Religion or Belief
6.1 Introduction
The 2001 Census was the first Census to ask a question on religion and the results expressed as percentages for Berwick-upon Tweed- Borough were as follows :-
There is little variation between the different wards with all showing the majority religion as Christianity.
6.2 The Employment Equality (Religion or Belief) Regulations 2003
On 2nd December 2003, the Employment Equality (Religion or Belief) Regulations come into effect. The aim of the Regulations is to eliminate unfair discrimination based on religion or belief in employment and vocational training.
Those protected are :
§ all workers including the self employed, contract workers, office holders, the police and members of trade organisations.
§ people taking part in or applying for employment related vocational training, re-training or work experience including all courses at Further Education and Higher Education
§ Institutions and training provided by employers or private and voluntary sector providers.
Those not protected are :
§ members of the regular armed forces, full-time and part-time reservists
§ unpaid volunteers
6.3 Definition of Religion or Belief
Religion or belief is not explicitly defined in the Regulations. In most cases it will be clear what is or is not a religion or a similar belief. It will be for the courts to decide in cases where this is in dispute. Factors to be considered are whether there is collective worship, a clear belief system and a profound belief affecting way of life and view of the world. The protection against discrimination extends to all the well known religions and other beliefs such as Paganism and Humanism. The Regulations also cover those without specific religious or similar beliefs.
6.4 Unlawful Discrimination
The Regulations make it unlawful for employers to :-
• discriminate against job applicants, employees or former employees,
in the recruitment and selection for employment process
• in the terms of employment afforded to employees
• in the opportunities afforded to employees for promotion, transfer, training or receiving any other benefit
• in dismissing or subjecting employees to any other detriment
The Regulations describe the following ways in which discrimination can occur – these are the same definitions as for other anti-discrimination legislation (except for disability).
Direct Discrimination
At interview it becomes apparent that a job applicant is a Muslim – although the person has all the skills and competencies required for the job, the employer decides not to offer the applicant the job because of their religion
Indirect Discrimination
Drivers for a delivery company like to wear baseball caps. The Manager applies a “no headwear rule”. This rule disadvantages Sikhs who wear a turban for religious reasons.
A high street clothing retailer has a uniform requirement that female sales assistants must wear a skirt that shows the legs below the knee and does not allow matching trousers to be worn underneath. This rule disadvantages women who are Muslims.
A group of employees working for a small company based in a rural area ask for facilities to observer Muslim prayers. The Managing Directors office is often used for meetings but their request is refused.
If the refusal was unreasonable this could be unlawful.
Discrimination by way of victimisation
After giving evidence to an Employment Tribunal on behalf of a colleague who had brought a claim of discrimination on the grounds of religion or belief, an employee applies for promotion. The application is rejected even though the evidence shows all the necessary skills and experience. The manager says that the application was rejected because the employee is perceived to be a troublemaker.
Discrimination by means of Harassment
When someone is subjected to unwanted conduct on the grounds of religion or belief which has the purpose or effect of: violating their dignity or creating an intimidatory, hostile, degrading, humiliating or offensive environment for them.
An employee is subject to continuous remarks about his partner’s religious convictions. He finds this offensive and distressing and complains to his manager. He is told not to be so sensitive and the remarks are only harmless workplace banter.
6.5 Religious Observance in the Workplace
The Regulations do not say that employers must provide time and facilities for religious or belief observance in the workplace. However, Berwick-upon-Tweed Borough Council will consider whether our policies, rules and procedures indirectly discriminate against workers or employees of particular religions or beliefs and where there is a risk that this might occur, consider what changes can be made.
Many religions or beliefs have a special festival or spiritual observance days. An employee or a worker may request holiday to celebrate festivals or attend ceremonies. Berwick-upon-Tweed Borough Council will sympathetically consider such requests where it is reasonable and practical for the employee/ worker to be away from work and they have sufficient holiday entitlement in hand.
6.6 Other relevant legislation
6.6.1 The Equality Act 2006 Part 2
This came into force in October 2006. It extended protection against discrimination on the grounds of religion or belief in the provision of goods, facilities and services, the management and disposal of premises, the exercising of public duties and in education.
In these areas it is unlawful to discriminate against an individual on the grounds of the religion or belief (or lack of it) of that person or of someone with whom they are associated.
There are a number of exceptions, for example for organizations which have a purpose related to a religion or belief..
6.6.2 The Racial and Religious Hatred Act
This Act was passed by Parliament in 2006. The Act creates an offence of “incitement to religious hatred” to protect against extremists stirring up religious hatred because of people’s religious beliefs or lack of religious beliefs.
Examples of religious hate crime include :
● using threatening words or behaviour or displaying threatening material with the
intention of stirring up religious hatred
● religiously aggravated assault
6.7 Contact details and Consultation Arrangements
Person
Role
Telephone
E-mail
Mr Rob Marriner
Director of Environment
01289 301820
ram@berwick-upon-tweed.gov.uk
You can write to Mr Marriner at:
Berwick-upon-Tweed Borough Council
Council Offices
Wallace Green
Berwick-upon-Tweed
TD15 1ED
Religion or Belief -
Service Delivery Action Plan
Corporate
Actions/ Targets
By Whom
Time Frame
Corporate
Commitment to eliminating discrimination on the grounds of religion or belief to be incorporated in the Corporate Action Plan
Commitment to the promotion of a culture of acceptance and freedom from harassment to be incorporated into the Corporate Plan
CEO
All Services
CEO
All Services
Continuous
Continuous
Services
Equality Impact Assessment of all services with relevance to Religion or Belief will have been done to ensure that any risk of unlawful discrimination in the provision of goods, facilities and services including housing will have been identified and as far as possible eliminated
3 Year Departmental Rolling Equality Action Plans will have been updated
Line Managers in conjunction with Director of Environment and Equalities Steering group/Customer Services Working Group
As above
By end of March 2008
As above
Religion or Belief -
Employment Action Plan
Employment
Actions/ Targets
By Whom
Time Frame
Recruitment and Selection
Review our current practices in relation to content of job descriptions and person specifications
All managers given recruitment and selection training and guidance on best practice
Explicit reference made to the Councils commitment to Equality of Religion or Belief within the information sent to prospective candidates
Personnel Officer and Equaltiies Steering Group
Ongoing
Training and Development
General equalities awareness training made available to all staff and members
All staff involved with recruitment and selection to receive relevant training
Impact assessment workshops will be offered to all line managers and equalities champions
Equalities training offered to all members
Director of Environment
Ongoing
Chapter Seven - Age
7.1 Introduction
By 2006, in the UK, half of everyone aged 16 or over will be over 50.
Currently only 70% of people aged between 50 and state pension age are in work compared to 81% of those aged between 25 and 49.
Increased life expectancy combined with shortfalls in pension will mean increasingly that people will want to retire later.
Around 1 million people choose to work beyond state pension age already.
In local Government 62% of employees are aged over 40 compared to 48% in the economy as a whole and only 8% are aged under 25 as against 16% generally. This clearly shows that Local Government generally, will have to be more attractive to younger people as an employer now and in the future.
The 2001 Census data Berwick-upon-Tweed Borough Council area showed that of the Resident Population, the spread of age groups across the District by percentage was :-
Forthcoming legislation to make discrimination on the grounds of age unlawful will only apply to employment and vocational training – there will be no protection against discrimination in areas such as access to goods facilities and services including housing.
However, Berwick-upon-Tweed Borough Council is committed to ensuring equality of service provision for all age groups and will actively seek to ensure that any particular needs of any age group are met. All Council polices are assessed for their impact on the grounds of age – see Appendix D for our Equality Impact Assessments Completion Form.
7.2 The Employment Equality (Age) Regulations 2006
On 1st October 2006, the Employment Equality (Age) Regulations came into effect with the aim to eliminate unfair discrimination based on age in employment and vocational training.
Those protected are :
§ all workers including the self employed, contract workers, office holders, the police and members of trade organisations.
§ people taking part in or applying for employment related vocational training, re-training or work experience including all courses at Further Education and Higher Education Institutions and training provided by employers or private and voluntary sector providers.
Those not protected are :
§ members of the regular armed forces, full-time and part-time reservists
§ unpaid volunteers
7.3 Unlawful Discrimination
The Regulations make it unlawful for employers to :-
§ discriminate against job applicants, employees or former employees,
§ in the recruitment and selection for employment process
§ in the terms of employment afforded to employees
§ in the opportunities afforded to employees for promotion, transfer, training or receiving any other benefit
§ in dismissing or subjecting employees to any other detriment
The Regulations describe the following ways in which discrimination can occur – these are the same definitions as for other anti-discrimination legislation (except for disability).
Direct Discrimination
§ not including a manager in a group attending a new company management development initiative on the grounds that he or she is too old
§ deciding not to employ someone because of their age
§ dismissing someone because of their age
Indirect Discrimination
§ where for a job specification states “must be recently graduated” as relatively few people in an older age group are likely to meet this performance criterion.
§ where a job advert requires a specified number of years of a particular type of experience which a younger candidate might be very unlikely to have.
Discrimination by way of victimisation
§ if a manager dismissed an employee who had given evidence on behalf of another employee who had claimed age discrimination.
§ if someone was ignored or “cold shouldered” by colleagues because they claimed that they were not selec
