Ask the Expert: Royston John on the Equality Act 2010
The Equality Act 2010 came into force on 1 October 2010. It aims to provide a simpler, more consistent and more effective legal framework for preventing discrimination. All voluntary organisations should make sure their policies and practices comply with the Act.
Royston John, Director of National Coalition Building Institute London, advises Chief Executives, Medical Directors and other senior staff on diversity and equality issues and leads a number of directorate management and staff teams through equality debates.
Royston regularly trains on equality and diversity; equality impact assessments, sex discrimination; race discrimination; cultural awareness; team development; harassment and bullying; recruitment and selection; managing change; performance management; organisational structure changes and service planning issues.
Q: It seems to me that the voluntary sector is still not adequately engaged with the implications of the Equality Act on their work, especially in terms of service provision and as employers. How can voluntary sector organisations better engage with the Act?
The Act has not been talked about enough because most organisations were distracted by the pending Comprehensive Spending Review (CSR). This period of waiting amidst such uncertainty allowed the voluntary sector to move towards doing practically nothing, because under the CSR, saving money was seen as key and we need to be prudent. Unfortunately, the issues that 'hard' managers consider to be 'soft', such as personal development, human resources and equalities are often the first to be stopped for financial reasons. Alas, as we know, these are often the areas that need to be continued as real longer term benefits are there to be gained.
At this stage, the sector (indeed all areas) need another high profile law case to prompt them into action. The BBC losing the age discrimination case recently is one thing but it still predates the New Equalities Act which has not yet been tested. However, organisations need to be demonstrating they are being pro-active because as unions and employees become more aware of how strong the Act really is, they can then easily prove employer compliance or lack of it.
For example, take an employee complains about offensive language. The employer cannot prove that he/she had 'a quiet word'. More evidence will be needed such as staff dialogue about 'why it is not ok to be offensive to other groups'. Such an approach, even if tied to quality service delivery or bottom line profits, would be necessary. Striving to get it right from the beginning always makes it easier.
So, here is a possible action – put up signs or send an email saying "you count too". Include contact details so staff can enquire further. Ask those who enquire to a meeting and then invite them to become equalities champions. Organise a half day NCBI awareness training for them, then ask managers to hold a two-hour equality meeting with staff. Invite an equality champion to be present at that meeting. Listen, respond, support staff dialogue and, as an organisation, you will go from strength to strength.
Q: Do you think, as providers of public service for 'public benefit', voluntary sector bodies should be doing equality impact assessment on their services, policies and functions, especially in light of challenging public sector funding cuts?
Yes, yes and yes. If we, as voluntary sector bodies, were to do equality impact assessments (EIA), we are likely to find that whilst we are busy providing services, we have not truly counted the cost. A more detailed look would likely identify that we are providing good quality services but not to those most in need and, possibly, not in line with their service needs. If voluntary sector bodies are providing services that customers don't need, then that is wastage. So service quality could improve and savings realised if the customer was consulted more and in an inclusive way.
EIA is not complex, it is a mindset. Once that bridge of understanding has been crossed, the day-to-day application becomes easier.
Where voluntary sector bodies are concerned about cost then approaching the EIA from the perspective of 'what can I save by applying EIA?' will prove beneficial. They will likely notice aspects of duplication of work; uncertainty of the customer; excluded customers and; repeating of the same service because of quality standards. This will then provide an opportunity an opportunity to improve customer satisfaction which will lead to fewer complaints; less investigations of complaints; less risk of employment tribunals and real savings.
Key to EIA success is starting with services and service users and getting as many people involved as possible. It is always easier to connect to and understand people's service needs because they are usually not too distant from our own needs. Many organisations seek to start EIA by reviewing policies and quite naturally often find it difficult. Policies are sterile and by their nature, remote from the very service and service users they are intended to support. So EIA will always make services real, improve quality and ultimately, realise savings. Just do it!
