Colour, Culture, Ethnic, Race and Religious Equality · PDF fileColour, Culture, Ethnic, Race...

Colour, Culture, Ethnic, Race and Religious Equality Policy

Contents

May 2008 Ref:POL0033

Page Overview 1 Summary 2 Further Information 3 History 4 Approval 5 Review Key Information A simple, stand alone reference guide with outline information for all staff 1 Summary

1.1 Purpose 1.2 Statement

2 Responsibilities 3 Legal Requirements Primary Information More detailed information for staff/learners on Race Equality Policy 1 Definitions 2 Responsibilities

2.1 Learners 2.2 Staff

3 The Five Dimensions to Racial/Religious Equality 4 Policy Guidelines

4.1 Learners 4.2 Staff

5 Procedure for dealing with incidents of racist/religious discrimination 5.1 Learners on Work Placement

Supporting Information Detailed Information for those with responsibilities for ensuring the implementation of this policy 1 Legislation

1.1 The Employment Equality (Religion & Belief) Regulations 2003 1.2 The Race Relations Act 1976 1.3 The Protection from Harassment Act 1997 1.4 The Human Rights Act 1998 1.5 The Public Order Act 1986

2 Language and Cultural Diversity This document is available in large print or in an alternative format that meets your needs. Please contact the HR Officer.

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Contents

May 2008 Page - 1 - Ref:POL0033

1 Summary This is an explanation of the policy and procedures which applies to staff and learners regarding learner rights and responsibilities in relation to Colour, Culture, Ethnic, Race and Religious Equality. 2 Further Information Director of Learner Support Services H R Officer Heads of Schools Equal Opportunities Committee Line Managers Assistant Principal, Corporate Services 3 History This document was originally produced by a working party comprising:

• Equal Opportunities Co-ordinator Rachel Johnson

• Student Services Manager Janice Elliott

• Head of Faculty Don Hanson Consultation included:

• Principal • Student Services Planning Group • Equal Opportunities Committee • UNISON & NATFHE • Joint Consultative Committee • Equal Opportunities Committee

4 Approval The policy was approved by the Senior Management Team on 13 March 2002 5 Review This document will be reviewed annually by the Human Resources Officer in consultation with the Equal Opportunities Committee, Personnel, UCU & UNISON.


Key Information A simple, stand alone reference guide with outline information for all staff


1 Summary 1.1 Purpose To ensure:

• That the College protects all individuals for whom it has a responsibility against all forms of colour, cultural, ethnic, racial and religious discrimination.

• That all people within the organisation are aware of their rights and responsibilities in relation to colour, cultural, ethnic, racial and religious equality towards others within the organisation and those external to the organisation with whom they have contact in the course of study or course of employment.

• That the College will promote equality in relation to colour, cultural, ethnic, racial and religious diversity and seek to eliminate discrimination on grounds of colour, culture, ethnicity, race and religion.

• The College will challenge and take appropriate action wherever there is discrimination on grounds of colour, culture, ethnicity, race and religion.

1.2 Statement The College is committed to providing an environment that reflects and respects colour, cultural, ethnic, racial and religious diversity.

The College will seek to:

• Develop an ethos which respects and values all people irrespective of their colour, culture, ethnicity, race and religion.

• Eliminate all colour, cultural, ethnic, racial and religious forms of discrimination in its recruitment and selection processes and procedures.

• Ensure that there are no barriers to access of College provision and activities based on colour, culture, ethnicity, race and religion.

• Encourage and support initiatives aimed at promoting further training education and employment opportunities for all irrespective of colour, culture, ethnicity, race and religion.

• Ensure the curriculum is delivered to all participants avoiding stereotyping based on colour, culture, ethnicity, race and religion.

• Seek to disseminate information about good anti-discriminatory practices relating to colour, culture, ethnicity, race and religion.

• Determine priorities, set targets and monitor and evaluate performance of its strategies developed to counteract discriminatory practices in relation to colour, culture, ethnicity, race and religion.

• Have an accessible complaint procedure to address complaints arising from alleged discrimination on the grounds of colour, culture, ethnicity, race and religion.

• Produce an annual report detailing the progress made towards implementing strategies and achieving targets.


Primary Information More detailed information for staff/learners on Race Equality Policy


2 Responsibilities The Director of Learner Support Services has overall responsibility for the procedure.

• The H R Officer has responsibility for staff training and dissemination of the policy information; monitoring systems and procedures and development and implementation of the action plan in relation to Equal Opportunities.

• All managers have responsibility for ensuring that they and their staff understand and implement the policy. • All staff and learners have a personal duty for the implementation of the policy and must show respect and

consideration for others irrespective of colour, culture, ethnicity, race and religion. 3 Legal Requirements The College is committed to addressing colour, cultural, ethnic, racial and religious discrimination and recognises the requirements under:

• The Equal Pay Act 1970 • The Rehabilitation of Offenders Act 1974 • The Sex Discrimination Act 1975 • The Disability Discrimination Act 1995 • The Protection From Harassment Act 1997 • The Data Protection Act 1998 • The Human Rights Act 1998 • The Public Interest Disclosure Act 1998 • The Public Order Act 1998 • The Gender Re-assignment Regulations 1999 • Special Educational Needs and Disability Act 2002 • The Employment Equality (Religion or Belief) Regulations 2003 • The Employment Equality (Sexual Orientation) Regulations 2003 • The Disability Discrimination Act 2005 • The Employment Equality (Age) Regulations 2006 • The Equality Act 2006




1 Definitions Equal Opportunities & Racial / Religious Equality

The means by which disadvantage and discrimination is reduced and eliminated by legislation and positive action. Equal Opportunities aims to ensure that no group receives less favourable treatment, thereby enabling all people to have equal access to the provision of goods, services, education, training, facilities, premises and employment.

IT DOES NOT MEAN TREATING EVERYONE THE SAME Racism

All attitudes, procedures and patterns - economic, social and cultural - whose conscious intention is to create maintain and extend power, influence and privilege of one group of people over another. A belief in the superiority of a particular race, including the theory that human abilities are determined by race, behaviour, prejudice and/or antagonism based on this. Racialism

An implicit set of negative beliefs about a racial or ethnic group. This can result in offensive or violent behaviour towards members of a racial or ethnic group. Prejudice

An opinion or feeling about people of a different group which is formed beforehand, without informed knowledge, thought or reason and which is likely to be sustained even in the face of evidence to the contrary. Racial Discrimination

Unequal treatment of an individual or group on account of their racial origin or colour. Harassment

Harassment can be defined as causing another to fear violence will be used against them. It can also involve threatening, abusive or insulting words or behaviour. This offence can also involve the display of any writing or sign which is threatening, abusive or insulting. Causing alarm or distress to a person also constitutes harassment. Racial Harassment

Conduct [whether by act or omission] which is intended to cause or does cause physical or mental distress to an individual or group on account of their colour, race, nationality or ethnic origins. Harassment can include unnecessary touching, unwanted physical contact, leering, personal remarks, verbal or written abuse, visual displays, coercion, isolation or non co-operation. Racial Prejudice

Pre-judging on the grounds of colour, national origin or ethnic group.




Discrimination

To single out a particular person, group, etc, for special favour often because of a characteristic such as race, colour, disability, sex or social class. Unfavourable treatment based on prejudice. Direct Discrimination

Where a person treats someone less favourably than another person is, or would be, treated on the grounds of sex or racial group. Indirect Discrimination

Where an unjustifiable requirement or condition is applied equally but, whether intentional or not, has a disproportionate effect on one sex, racial group or disabled people because the proportion of people belonging to these groups who can comply with the requirement/condition is considerably smaller than the proportion of people in the opposite group who can comply with it. Ethnic

Relating to the classification of human beings into groups, especially on the basis of nationality, colour, culture, values, religion etc. Everyone belongs to an ethnic group, e.g. English, Scottish, Welsh, Jewish, etc. The term 'ethnic' does not mean black. The term ethnic literally means 'tribe'. Ethnic Minority

A group, usually identifiable and differentiated from the main population of a community by racial origin or cultural background. Victimisation

This consists of treating a person less favourably than others are or would be treated in the same circumstances and may occur because that person has made a complaint or allegation of discrimination, or has acted as a witness or informant in connection with proceedings under equality legislation. Positive Discrimination

When a person is appointed for a job solely on the basis of their ethnic origin, sex or disability. This is unlawful and against equal opportunity. Positive Action

Under the Race Relations Act 1976 and the Sex Discrimination Act 1975, positive action can be taken where a particular sex or ethnic group is under represented in area of employment;

• To provide facilities for special training which would help them compete on equal terms for jobs;

OR

• To encourage them to apply for posts in the organisation/those areas of employment or training.




Institutional Racism The Stephen Lawrence Inquiry Report defined Institutional Racism 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. 2 Responsibilities 2.1 Learners Specific legal requirements are laid on educational establishments for whom it is unlawful to discriminate on the grounds or colour, culture, ethnicity, race and religion:

• In the terms on which they offer education

• By refusing to accept an application

• In the way learners are afforded access to benefits, facilities or services

• By exclusion of learner from the establishment, or subjection to any other detriment. 2.2 Staff It is unlawful to discriminate on the grounds of colour, ethnicity, race and religion:

• Recruitment and selection

• Terms of employment

• Promotion or transfer

• Training/CPD

• Access to benefits, facilities or services

• Dismissal Staff in College are Legally Obliged to:

1 Act in accordance with the Code of Conduct 2 Report all racist/religious incidents 3 Co-operate with agreed policies.




Managers' and Supervisors' Responsibilities:

1 Foster a workplace free of racial/ religious harassment 2 To intervene 3 To follow appropriate College policies and procedures.

3 The Five Dimensions To Racial/Religious Equality Discrimination Eliminating any racial/religious discrimination in relation to staff recruitment and promotion, the purchase of goods and services, or curriculum management. Harassment Ensuring that all learners, staff and visitors can go about their business in an atmosphere free of threat or racial/religious abuse. Widening Participation Encouraging the maximum access to the full range of courses and other College services for people of all races, ethnicity, religion and cultures. Inclusive Learning Providing support to enable individual learners of different abilities and needs to progress through the curriculum towards successful achievement. Celebrating Diversity Recognising and reflecting the positive contributions of men and women of different cultures, religions. 4 Policy Guidelines 4.1 Learners Awareness Raising

• All learners will be given information on equal opportunities and harassment as part of the induction process and tutorial programme. In this way learners will be encouraged to consider the issue of racial/religious discrimination a responsible manner and develop and understanding of the College's stance on this and related issues.




Ethos and atmosphere

• In accordance with expressed policy the ethos and atmosphere of the College should show respect for the diversity of the learner body.

Entry and Recruitment Procedures

• Information on equal opportunities issues e.g. ethnicity, should be included on enrolment forms. Course Publicity

• Course publicity and marketing materials will be monitored to ensure that minority groups have equal access to information and opportunities

• Marketing materials reflecting a diverse College community should be encouraged alongside positive images of minority groups.

Facilities and Resources

• Learning resources will be made available which support education in diverse context

• The individual needs of learners will be met by the provision of appropriate facilities. Curriculum Delivery

• Teaching styles will be developed which ensure that minority groups are given equal attention in diverse teaching situations

• Curriculum materials/presentations will be critically reviewed by course teams on a regular basis to ensure that they are free from any form of bias or discriminatory assumptions and images

• To propose ways in which the curriculum can be adapted where necessary, to take account of diversity of needs, interests and experiences of learners and those with special educational needs.

Learner Access

• The College will apply the principle and practice of fair selection to the recruitment and selection of learners, recognising that many groups in society covered by the equal opportunities policy are under-represented among learners, or are deterred by discrimination or stereotypes from attempting particular courses.

− There will be an annual survey of the learner body which will provide a profile according to equal opportunities issues. The equal opportunities working party will use this survey to set targets for improving the position of groups found to be under-represented, will consider strategies for implementing the improvements and will review progress and strategy annually.

− The College will develop positive dialogue with local employers, community organisations, churches, trades unions, job centres and voluntary organisations to ascertain needs and aspirations, and to use the information constructively when preparing its publicity material to attract potential learners




4.2 Staff Recruitment and Selection The College will ensure that all recruitment procedures are both fair and relevant by ensuring that:

• Direct discrimination does not occur

• Indirect discrimination does not occur

• Person specifications should match job descriptions

• Equal Opportunities Statements are present in all job advertisements

• Positions are advertised in such a way as to ensure exposure to minority groups

• All advertising material and accompanying literature relating to employment will avoid presenting minority groups in stereotypical ways.

• Selection decisions will be made on the basis of the requirements of the job as set out in the job and person specifications.

• Interviews will be conducted in such a way so as to avoid misunderstandings because of individual differences which may lead to underestimation of a candidates abilities.

• Individuals on interview panels will be fully acquainted with issues relating to prejudice and discrimination

• No questions will be asked of the applicants unless they can be shown to be essential.

• The College recognises its responsibilities under Equal Opportunities legislation. It further recognises that there are other disadvantaged groups not covered by legislation and will permit no discrimination against these groups during employment or at recruitment and selection.

• All job advertisements will include the statement 'Striving to be an Equal Opportunities Employer' or otherwise include reference to the organisations commitment to equality of opportunity.

• Positive action advertising will be encouraged whenever Section 38 of the Race Relations Act applies.

• Advertisements for job vacancies will not appear in a form or be published in a manner which is likely to discriminate against applicants from a particular minority group.

• Applicants for employment with the College will be considered solely on the basis of suitability for the post.

• Where educational requirements are stated equivalent overseas qualifications will be accepted as an alternative.

• Job applicants will be assessed according to their personal capabilities to carry out a given job.

• Interviewing arrangements will be periodically reviewed to ensure that unlawful discrimination is avoided in the use of selection tests, processing of applications and the content of questions posed to applicants.

Monitoring




• The staff of the College should reflect the learner body. Targets should be set and all posts monitored at the application, short listing and appointment stages.

• It is the responsibility of all employees to ensure that they treat all service users with equal respect and that

they are aware of the specific needs of disadvantaged groups in their area of work. Managers should constantly monitor and review service provision in order to ensure that the needs of all members of the community are met.

• The College is committed to providing responsive services which are relevant to the needs of all sections of

the local community. Guidelines and procedures will be kept under review to ensure that individuals receive appropriate services, on the basis of their needs.

Staff Development

• Training is an integral part of promoting equal opportunities and the College recognises its responsibility to raise in all its staff an awareness of race equality issues.

• Staff will be required to undergo such cultural and religious staff development as is deemed relevant and

appropriate.

• All staff will be offered an opportunity to receive induction, tuition and information necessary for compliance with equal opportunities legislation and practice.

• All staff will receive career counselling and will be encouraged to fulfil their career potential.

• The College will arrange positive action training and other measures where appropriate to ensure that

proper attention is given to meeting the needs of minority groups which arise from a history of discrimination and disadvantage.

• All those involved in staff review shall actively develop anti-discriminatory practice, and challenge

stereotypical career paths, in accordance with the equal opportunities policy.

• Everyone involved in training shall themselves have been trained in anti-oppressive practices and the equal opportunities policies.

• Training will be arranged for all employees to understand their position in law and under this policy.

• Redundancy, training and promotion practices and the operation of conditions of service will be periodically

reviewed to ensure that they are not directly or indirectly discriminatory.

• Cultural and religious needs will be considered and met wherever reasonably practicable within the framework of existing Conditions of Service.

Decision Making

1. Wherever possible consultation should take place with representatives of the minority communities and their representation sought on decision making bodies.




5 Procedure for Dealing with Incidents of Colour, Cultural, Ethnic, Race and

Religious Discrimination Confidential advice on the procedure and associated matters may be obtained in the first instance from any of the following:- Student Advisers, Counsellors, the H R Officer, Learner Support Services staff, Line Managers, Personnel Manager and Unions (UCU and UNISON). Confidentiality is to be maintained, by all parties involved, concerning all matters referred for resolution under these proceedings. Learners, contractors or visitors, making complaints against another learner, member of staff, work placement provider, contractors and other visitors to the College should progress their complaint using the "Complaints and Suggestions Procedure" obtained from Customer Services. Complaints involving members of staff, making a complaint against another member of staff may choose to progress their complaint using the Grievance Procedure, Dignity at Work Procedure or the Complaints and Suggestions Procedure. Where a member of staff wishes to make a complaint against a learner they should, in the first instance, use the Learner Disciplinary Procedure. Using a formal College procedure ensures that all incidents are recorded, investigated and appropriate action taken. 5.1 Learners on Work Placement

1 If a learner alleges that he/she has been subjected to harassment in relation to colour, culture, ethnicity, race or religion whilst on work experience, it should be reported to the Course Tutor of the course on which the learner is studying who will then inform the H R Officer.

2 The learner must immediately be withdrawn from the placement, and the placement must not be used until

the outcome of any investigation or when the H R Officer is satisfied that the placement meets the Colleges Equal Opportunities Policy.

3 The Head of School should investigate and liaise with the Company/establishment concerned. If the

allegation is proved and no satisfactory action is taken, the Principal should be informed and any future use of the placement must be terminated.

4 Further information can be obtained from the H R Officer, and a copy of the Equal Opportunities Procedure

for Learners on Work Experience can be found in the Supporting Information section of this policy.


Supporting Information Detailed Information for those with responsibilities for ensuring the implementation of this policy


1 Legislation 1.1 Employment Equality (Religion & Belief) Regulations 2003

The regulations apply to all employment and vocational training in respect of recruitment, term and conditions, promotions, transfers, dismissals and training. Religion and belief is defined as: • Any religion, religious belief or similar philosophical belief • Included those who do not have a religious belief • Extends beyond the move well known religious and faiths to beliefs such as Paganism and Humanism. It is unlawful on the grounds of religion or belief to: • Directly discriminate against anyone • Indirectly discriminate against anyone • Subject someone to harassment • Victimise someone • Discriminate against someone after the working relationship has ended.

1.2 The Race Relations Act 1976

This Act makes it unlawful to discriminate on the grounds of colour, race, nationality [including citizenship] or ethnic or national origins. This Act covers employment and training, education, provision of goods and services, housing and advertisements. It legislates against discrimination in any one of the three ways:

2. Direct Discrimination: treating a person, on racial grounds, less favourably than others are or would be treated in the same circumstances. Segregating a person from others on racial grounds constitutes less favourable treatment;

3. Indirect Discrimination: applying a requirement or condition which, whether intentionally or not,

adversely effects one racial group considerable more than another and cannot be justified on non-racial grounds. (A racial group is a group defined by reference to colour, race, nationality or ethnic or national origins);

4. Discrimination by means of Victimisation: treating a person less favourably than others are or would

be treated in the same circumstances because that person has made a complaint or allegation of discrimination, or has acted as a witness or informant in connection with proceedings under the Act, or has been involved in any other way in its enforcement, or intends to do any of those things.

Cases of race discrimination against an employer go to an Employment Tribunal. Claims must be made within three months from the act of discrimination. Discrimination in education cases are taken through the County Court. All cases must be notified to the Secretary of State. Timescales vary according to the type of educational establishment.




1.3 The Protection From Harassment Act 1997 This Act makes harassment both a civil tort and a criminal offence. The principal aim of the Act is to deal with stalking but the legislation also provides an additional remedy for those who are subjected at work, or outside work, to racial or sexual harassment, or to harassment on grounds of sexual orientation or disability. To Constitute Harassment Under The Act The Conduct:

5. Can constitute causing another to fear that violence will be used against them;

6. Can involve threatening, abusive or insulting words or behaviour, or disorderly behaviour;

7. Can involve the display of any writing, sign or other visible representation which is threatening, abusive or insulting;

• Can include alarming the person or causing them distress;

• Must be of a nature that a reasonable person in possession of the same information would consider it to be harassment.

The Act Provides For:

• A maximum sentence for causing fear of violence of 5 years imprisonment and/or an unlimited fine;

• A maximum sentence for causing harassment of 6 months imprisonment and/or a £5000 fine;

• The Court to make an order to protect the victim of the offence, similar in its extent to a civil junction, which, if breached, will constitute contempt of court and will be punishable by up to 5 years imprisonment or an unlimited fine;

• The victim of the crime of harassment to take civil proceedings to obtain damages for any anxiety caused by the harassment and any financial loss resulting from the harassment.

Identifying Harassment

Harassment is unwanted behaviour that is unreciprocated:

• Physical contact

• Verbal and written communications

• Visual displays

• Isolation and non co-operation

• Coercion

• Intrusion. It is important to be aware that people will not necessarily complain that they are being racially/sexually harassed. It is therefore necessary to take account of race, gender and discrimination as factors in incidents or problems.




Frequently, problems will surface in other ways, such as:

• Absence from work/study

• Under-performance

• Changes in behaviour

• Appearing to be 'over-sensitive' to criticism

• Being quiet and/or withdrawn

• Being aggressive and/or argumentative

• Reluctance to be involved with a particular person, activity or service

• Low recruitment in particular areas

• Poor retention in particular areas. 1.4 The Human Rights Act 1998 The key equal opportunities part of the European Convention on Human Rights is Article 14:

"The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin,

association with a national minority, property, birth or other status". The Human Rights Act came into force on 2nd October 2000. From that date all public authorities must act compatibly with the European Convention of Human Rights in all that they do. The Act only 'incorporates' part of the European Convention on Human Rights. In other words, it does not incorporate any of the procedural rights of the Convention. However, it does include all of the substantive rights:

To life;

• To freedom from torture or inhuman or degrading punishment; • To freedom from slavery, servitude, enforced or compulsory labour; • To liberty and security of the person; • To a fair trial; • To respect for private and family life; • To freedom of thought, conscience and religion; • To freedom of expression; • To freedom of assembly and association; • To marry and found a family; • To education in conformity with 'parents' religion and philosophical convictions; • To freedom from unfair discrimination in the enjoyment of these rights.




How Will It Work Under the Act, the courts will have to interpret any existing law being consistent with the convention, as far as they can. If a piece of legislation is not compatible, courts will not have the power to strike it down. But they can declare it incompatible and then the Government is then morally obliged to put it right. This will have a profound impact on the way the legislation is interpreted and applied, with a major shift of power from Parliament to judges. They will, in effect, be able to rewrite sections of Acts and where this is not possible there will be fast-track parliamentary procedure to enable the government to swiftly put right any defective legislation. Other Convention rights directly relevant to equal opportunities race equality are:

• Article 9 - "the right to freedom of thought, conscience and religion......either alone or in community with others and in public or private, to manifest......religion or belief, in worship, teaching, practice and observance....."

• Article 10 - "...the right to freedom of expression......freedom to hold opinions and to receive and impart information and ideas without interference by public authorities..."

• Article 11 -"......the right to freedom of peaceful assembly and to freedom of association with others..." 1.5 The Public Order Act 1986 Under this Act it is against the law to commit acts of racism, sexism, and other forms of discrimination in a public place. The Public Interest Disclosure Act 1998 The Public Interest Disclosure Act, commonly called the 'Whistleblowers Act', came into force on 2 July 1999. The Act provides protection for workers who disclose information which might otherwise be regarded as confidential. Normally, employers' confidential information is covered by either express terms of contract or by the common law duty of fidelity which an employee owes to his or her employer, The Act, however, says that where the nature of the disclosure falls into one of six categories outlined below, and the manner of disclosure is one permitted by the Act, then workers will have protection in law from detrimental action by the employer. Workers are protected from unfair dismissal or victimisation for blowing the whistle on wrongdoing at work. The Act modifies the Employment Rights Act 1996 by adding a new s.43B (definitions of 'qualifying disclosures') and ss.43C - 43H (the ways in which a disclosure should be made to give the worker the protection of the law). A new s.103A provides protection from dismissal, s.47B provides protection from detrimental action short of dismissal and s.43J makes void any term in a contract of employment which prevents an employee from making a protected disclosure. Scope and Coverage The Act covers employees, apprentices, certain agency workers, homeworkers, National Health Practitioners such as GPs, certain dentists, ophthalmists and pharmacists. It will also cover a worker who works or worked under a contract, whether express or implied, whereby the worker undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the worker. The genuinely self-employed are not covered by the Act.




Trainees on work experience programmes where the training is provided under a contract of employment or by any university, College, school or other educational establishment run by that establishment, is covered by the PIDA 1998. Qualifying Disclosures Certain kinds of disclosures 3/4 known as ‘qualifying disclosures’ 3/4 qualify for the protection of the Act. A ‘qualifying disclosure’, i.e. one which will give the worker protection, must fall into one of the following categories:

• a criminal offence has been, is being, or is about to be committed; • the employer is failing to comply with his legal obligations; • a miscarriage of justice has happened or is likely to happen; • an individual's health and safety is being jeopardised; • the environment is, or is likely to be damaged; • information falling into any of the above categories has been, is being or is likely to be deliberately

concealed. The worker does not have to show that, for example, a criminal offence has been committed. He or she has to have a reasonable belief that this is so. The belief need not be correct, it might be discovered subsequently that the worker was in fact wrong, but the worker must show that he or she held the belief, and that it was a reasonable belief in the circumstances at the time of disclosure. It will be for the employment tribunal to decide whether or not such a belief was reasonable. The Act also specifically provides that the location of the alleged offence is irrelevant, e.g. the worker may complain about the damage his or her employer is doing to the environment on the west coast of Africa. Disclosure of information by a worker is not a qualifying disclosure if in making it he or she commits an offence, e.g., the disclosure was prohibited under the Official Secrets Act 1989. Note also that a disclosure of information which would be protected from disclosure because of legal professional privilege cannot be a qualifying disclosure if made by the legal adviser, or, for example, a typist in that adviser's office for whom the information was disclosed in the course of obtaining legal advice. Protected Disclosures To gain the protection of the law, the worker must make his or her disclosure following one of a number of prescribed routes: (a) Disclosure to the employer or any other responsible person. During the Third Reading in the House of

Lords, this route was clarified as meaning that 'concerns should be raised with those who in law are responsible for the matter, normally the employer'. However, where someone else is legally responsible, then it will be that 'person'.

Disclosure to the employer will usually ensure that concerns are dealt with quickly and by the person who is best-placed to resolve the problem. However, an authorised procedure that is readily accessible and simple to use may encourage workers to disclose their concerns to the employer first, rather than externally.




(b) Disclosure to a legal adviser, i.e. made in the course of obtaining legal advice. There are no further

conditions attached.

(c) Disclosure to a Minister of the Crown. Where the employer is appointed under any enactment by a Minister of the Crown.

(d) Disclosure to a prescribed person. Workers who are concerned about wrongdoing or failures can make disclosures to a person or body prescribed by the Secretary of State for the purpose of receiving disclosure about the matters concerned.

If a worker makes a qualifying disclosure to such persons, it will be a protected disclosure provided the worker:

• makes the disclosure in good faith;

• reasonably believes that the information, and any allegation it contains, is substantially true; and

• reasonably believes that the matter falls within the description of matters for which the person or body has been prescribed.

(e) Disclosure in other cases. This will be protected where the disclosure is made in good faith, the worker

reasonably believes that the information is true, is not making the disclosure for personal gain and where the worker meets any of the following conditions:

(i) that at the time of making the disclosure, the worker reasonably believed that he or she would

be subject to a detriment from his or her employer for making the disclosure; or (ii) that at the time of making the disclosure, the worker believed that if the disclosure was made to

the employer, the evidence relating to the relevant failure would have been destroyed by the employer; or

(iii) that the worker has previously made a disclosure of substantially the same information to his or

her employer or to a prescribed person. (f) Disclosure about health and safety matters. Employees who raise concerns about, or take

action in connection with, health and safety matters are provided with protection under the ERA 1996. The PIDA provides protection to any worker who discloses information about a health and safety danger in accordance with the provisions.

'Exceptionally Serious Disclosures' In making disclosure of 'exceptionally serious' breaches, i.e. where the subject of the disclosure is sufficiently serious to merit bypassing the other means of disclosure, the worker will be protected as long as:

• the disclosure is made in good faith;

• the worker believes that the substance of the disclosure, and any allegations made, are substantially true;

• the disclosure is not made for personal gain;




• the matter disclosed is of an exceptionally serious nature; and

• in all the circumstances it is reasonable for the worker to make the disclosure.

• Whether or not the relevant failure is exceptionally serious will be a matter of fact, and not simply a

matter of the worker reasonably believing it to be exceptionally serious. Reasonableness It must be reasonable for the worker to make the disclosure. The employment tribunal will decide whether the worker acted reasonably. 2 Language and Cultural Diversity North Lindsey College is a multicultural community: this is partly a reflection of the cultural diversity of contemporary British society and partly a reflection of the fact that the College has staff and learners from all over the world. Participating in day to day life in a multicultural community brings positive benefits: it gives greater knowledge and awareness of the world; it puts people in tune with what others think and believe is important. However, we are all aware that racism and ethnocentrism can find expression in any culturally diverse community. In our own educational establishment, we have a responsibility for challenging racist beliefs and practices whenever we encounter them and we should aim to promote equality by providing positive images and role models and by encouraging staff and learners of different cultural backgrounds to realise their potential. This is not always easy: it requires effort and commitment. We are particularly concerned here with uses of language which can be interpreted as racist or ethnocentric regardless of the intentions of the speaker or writer. There are several ways in which language use can cause offence in cross-cultural contexts. We discuss these with examples below: Exclusive or inclusive use of language? When the norms of one particular cultural group are imposed in speech and in written texts, the implicit message to other groups is that their values and cultural practices are not respected. In a multicultural community such as ours, we should aim to be inclusive and ensure that, as far as possible, we should taken account of the cultural diversity in the College population and in the wider society when we make linguistic choices and select visual images. It is, for example, often assumed that the norm on campus is observance of Christian festivals such as Christmas, Lent and Easter. Yet, there are people who have other religious affiliations and there are also people who have no religion. It is useful to acknowledge and take account of diversity in religious beliefs because they can for example affect dietary requirements. The timing of religious worship also needs to be considered when planning academic, administrative and social events.




Names are a very important aspect of people's identity and they are presented in different ways in different societies. Some societies use one name while others use two or more. The way in which names are ordered, that is which comes first and which comes last, also varies across societies. Given therefore, the variety of ways in which names can be presented, it is easy to understand how mistakes can be made. It is, however, important to try and get names right as people do get upset if they see their name being misspelled time and time again and it is embarrassing to be called by the wrong name. A common avoidable error is asking for someone's Christian name or surname when the more neutral term given name could be used. Taking a more global view Euro centrism is evident is the use of terms such as: 'The Far East'. The choice of a geographical label such as 'East Asia', gets around this particular problem. But the use of geographic labels also needs to be fairly precise: for example, the term "America" is sometimes employed to refer to the United States and this can cause offence to South Americans. Not making assumptions and challenging stereotypes Stereotyping in speaking ad writing means attributing particular characteristics - temperament, academic potential, linguistic abilities, cultural practices - to all members of an assumed group. Stereotyping of learners is particularly misleading and detrimental to their learning: stereotypes may also set up expectations about their performance and may affect the way in which their work is assessed. Consider the following examples: "Muslim women are passive and will not take part in class discussions" This may be benign stereotyping but it is misleading. Statements like this could be countered with suggestions that different strategies, such as pair work, might be adopted in classes. "English is not his first language so I do not know how he will fare in this course" The Institute for English Language Education [IELE] offers an Academic Support Programme free of charge. However, it should not be assumed that a learner needs language support. Many people for whom English is a second or third language are quite comfortable with the use of English for academic and other purposes. Avoiding wordings which can offend It is unlikely that overtly racist or degrading language will be used on the College campus. However, it is important to ensure that all members of the College community are aware of terms that can cause considerable offence. Take, for example, terms like 'coloured' which allude specifically to skin colour. This implies deviation from a 'norm' which excludes people of African, Caribbean or Asian heritage. An alternative approach would be to emphasise geographical origin or cultural background, if and when necessary, and to use terms such as Afro-Caribbean, of South Asian origin or of African origin. The term 'immigrant' is sometimes used inappropriately in Britain to refer to people of African, Caribbean or Asian heritage who have British nationality or who were actually born in Britain. Expressions such as member of an ethnic group are more accurate. The term West Indian is also inappropriate for the same reasons. The term Afro-Caribbean is preferred.




HISTORICAL TERMS CURRENT TERMS

Coloured Black

Half Caste Mixed Race/Mixed Parentage

Ethnic Specify ethnicity, e.g. Black, Asian, White

Being aware of variation and changes over time The term Black People has for some time been used to refer to people of African, Afro/African-American, Afro-Caribbean and people of South Asian origin. But preferences are changing and now, increasingly, the term "Black" is being used to refer only to those of African, Afro/African-American or Afro-Caribbean origin. Following this trend the Commission for Racial Equality and other organisations representing the interests of minority ethnic groups now employ the terms Black and Asian. A further issue is that the term Asian does not take account of the cultural differences between people of South, East and South East Asian origin. So, in this case, the most widely acceptable solution is to refer to a person's geographical origins or linguistic and cultural heritage. Here are some examples:

Cathy Chen grew up in the Chinese community in Manchester. Her parents are Cantonese speakers from Hong Kong.

People of South Asian origin in North Lincolnshire speak a range of languages.

Have you ever met anyone from the Gujarati community in Scunthorpe? The term ethnic group is quite commonly used in public discourse, but often to refer only to people from minority groups. Ethnicity refers to the sense of identity which derives from membership of a group with a shared history, language, religion, geographical location [or at least some combination of these characteristics]. By this definition, everyone is associated with an ethnic group, whether they are members of the ethnic majority or ethnic minority. To stress this point, the term minority ethnic group now to be used in preference to ethnic minority group. Putting minority first foregrounds the fact that the majority group is also an ethnic group with its own characteristics.

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