diversity Flashcards
what were the main areas of legislation in the 2010 equality act
-sex
-age
-disability
-pregnancy
-religion
-gender reassignment
-sexual orientation
-race
-marriage
what is the 2010 equality act
- prohibits any businesses from discriminating against, harassing or victimising any current or future employees on the basis of any of the 9 protected characteristics
what are the types of discrimination under the 2010 equality act
- direct discrimination
- indirect discrimination
- discrimination by association
-harassment
-victimisation
whats direct discrimination
when someone is treated less fairly because of a protected characteristic
eg refusing to serve someone because of their religion
what is indirect discrimination
when a role or policy that applies to everyone but disadvantages a protected characteristic
eg insisting everyone has to drive
What is discrimination by association
This is when a family member or friends, have a protected characteristic and you’re treated unfairly because of that
What is harassment with discrimination
Can take out in the form of jokes, hostile acts or negative stereotyping and is deemed offensive by the recipient
Can complain about it even if its not directed at them
What is victimisation with discrimination
Someon is treated badly because they have made/ supported a complaint under the equality act
How do you challenge the 2010 equality act 3
Make an informal complaint
Raise a grievance using your employers grievance policy
- consult your trade union and make a claim to an employment tribunal
How can a business abide by the 2010 equality act reduce the risk of prosecution 7
-business can produce an equality policy. This will give applicants and workers confident that the business is serious about equality legislation
-equality training. This is due to as the employers responsibility for the actions of equality discrimination. Making sure the company isn’t liable if an employee gives discrimination as they had training
-work with trade unions to ensure staff are involved and grievances are dealt with quickly
- fair and transparent benefit scheme and conduct equal pay audits to ensure men and women are being paid the same for the roles they have
-written policies made to all employees. A shorter code of conduct can be drawn to remind managers the importance of the content of the legislation
-create transparent procedures for dealing with HR policies, such as promotion so employees understand the decisions taken
-provide reasonable adjustments to allow employees to carry out their work effectively. this could involve adjustments to the physical environment such as desk heights and ramps
What are the reasonable adjustments in the equality act
Employees have the right to make reasonable adjustments if an issue is flagged under the equality act
Eg- starting earlier / later to manage physical systems of a disability
Allowing time off to celebrate holiday
Workstation assessment to find out if they need specialist equipment
Allocating duties to other people to lighten the workload
Impact on the equality act on recruitment 5
- when setting out a job advert, a business can’t use terms that favour one sex over the other eg postman
-age related words should be avoided too, eg ‘mature’ as it has connotations of being an older person
-only advertising in magazines that focus on one gender can be seen as indirect discrimination
-format of advert must be accessible so it can be read by everyone , similarly, the format of the application must be available in large if asked
- place on the form for an application to say they ant to be interviewed under the guaranteed interview scheme. This states that any applicant who has a recognise disability is guarenteed an interview as long as they meet the minimum job requirement
Whats the Impact of organisations for selection 3
Equality and Diversity
- an employer must only act questions relevant to the application . Meaning q’s on age, gender, sexual preference etc should be avoided if there’s no relevance
- all candidates asked the same question and the test doesn’t discriminate against applicant eg to ask a women if shell need maternity and not ask the man
-interview location should be accessed by all eg ensure a lif is available to ensure everyone access it
Whats the impact of of the equality act on pay/ benefits 4
- all staff with the same job with similar experience should be paid the same, regardless of gender
-failure to do so can result in an employment tribunal, best interest to pay the same - compensation consisting of back pay (5 years in Scot) to be paid if tribunal agrees with employee
- publish your equal pay statistics as a show of good faith to your employees/ public
What’s the impact of equality on training for organisations 4
-business must provide training to all staff on the right and responsibilities of the employee with regard to equality
-additional training should be offered to managers who is in the position to recruit staff to ensure the are aware of the requirements of the law
-businesses must make reasonable adjustments to any training programme to ensure its accessible to participants no physical barriers stopping the applicant fully engaging with the training
-management must also ensure that women on maternity leave are offered training as part of their ‘keeping in touch’ days
