Equality & Diversity Report

Published November 2013Equality and Diversity Committee

Contents

1 Review of Policies and Procedures

1.1 Retirement Policy – ‘Employers justified retirement age’ 1.2 Recruitment and Selection Policy 1.3 Safeguarding policies 1.4 Adoption Leave Policy 1.5 Research Excellence Framework

2 Embedding Equality in the organisation

2.1 Review of the Terms of Reference of the Equality and Diversity Committee 2.2 Equality Objectives 2.3 Equality Analysis

3 Staff

3.1 Disability Symbol – Two Ticks 3.2 Personal Details and Equality Monitoring Form 3.3 Access to Work Scheme (ATW) 3.4 Equality and Diversity Training 3.5 Accessibility 3.6 Raising awareness of Equality and Diversity

4 Students

4.1 Support for students 4.2 Support for International Students 4.3 Support for Students with Disabilities and Specific Learning Needs 4.4 Improving Student Diversity through the Junior Departments

5 Monitoring and Evaluation6 Priority areas for the Year Ahead 2013/14

Appendix 1 Staff data analysisStudent Statistics

Appendix 2 National ContextA Introduction of Early Conciliation Service by ACAS B UK Quality Code for Higher EducationC The Marriage and Same Sex Couple ActD Equality and Human Rights Commission (EHRC) reformE Review of the Public Sector Equality DutyF Repeal of the use of the statutory discrimination questionnaireG Repeal of some provisions of the Equality Act 2010H Requirement to conduct an equal pay auditI Extension of Flexible Working Rights 2014J Extension of Parental Leave K Ante-natal appointments

1 Review of Policies and Procedures

1.1 Retirement Policy – ‘Employers justified retirement age’ (EJRA)2

Some consideration has taken place this year concerning an ‘Employers justified retirement age’ which could affect some teaching staff in performance areas who retire and return to teach on a reduced hours contract and continue some professional engagements.

The College would have to objectively justify any such decision as a proportionate means of achieving a legitimate business aim, e.g. staff retention. The test of objective justification would have to be supported by evidence if any EJRA were challenged by staff and staff representatives. No further action has been taken regarding an EJRA as it is premature to state what, if any, implications there are for College staff as a result of the removal of the Default Retirement Age. The College will continue to employ staff who are performing well and wish to keep working.

1.2 Recruitment and Selection Policy

The policy was revised to clarify the role of managers in appointing casual staff and has stipulated the taking of two references for each appointment before employment commences. Further guidance is provided in the revised policy regarding the rights of agency staff who accrue “equal treatment” rights in certain areas such as access to catering facilities or car parking and the right to be informed of job vacancies from day one of their work. Other rights, such as basic working and employment conditions (pay, working time, annual leave etc.), become applicable after completing more than 12 weeks’ work.

The role of the Chair of the recruitment panels has been reinforced particularly in gathering feedback from panel members and completing and returning interview records to HR. A document called ‘Guidance Notes for Chairs of Recruitment Panels’ was developed and made available during 2013, and this sets out the responsibilities of the Chair.

These changes support a robust, consistent and fair approach to the selection and appointment of staff to all posts within the RNCM.

1.3 Safeguarding policies

The previous College Staff Code of Conduct was reviewed and replaced by two policies providing guidance regarding Physical Contact between College Staff and Students and Relationships between College Staff and Students. An additional policy outlining the criteria for allowing Teaching off site was introduced during this year to provide greater clarity about the responsibilities of staff with regard to safeguarding children under 18 and vulnerable adults. A letter has been sent to all teaching staff summarising these policies and including a brief reminder to all staff of how to recognise abuse of children. A CD was also produced that includes the complete set of current safeguarding policies and was issued to all JRNCM and Young Projects staff.

Child protection training was arranged in College at the start of Autumn Term 2013 for teaching staff. New members of staff have received a contract of employment which draws attention to their responsibility to safeguard children within the College.

Work is continuing in conjunction with the parents of JRNCM students regarding both standards of conduct expected of teaching staff and security arrangements for their children whilst studying at College. Teaching staff in both the junior and senior College who undertake work (including teaching) involving children under 18, e.g. advice auditions or deputising for staff in the JRNCM, will be subject to a DBS check through the Disclosure and Barring Service. 1.4 Adoption Leave Policy

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The Adoption Leave Policy was reviewed in line with the rest of the sector so that it provides the same occupational pay (4 weeks at full pay including Statutory Adoption Pay (SAP), 2 weeks at 90% of full pay including SAP, 12 weeks at 50% of full pay plus SAP and 21 weeks SAP only) as provided in the Maternity Leave Policy. This change provides a level of equality for those who adopt and also gives a positive message about the College approach to supporting the equality, wellbeing and work-life balance of its employees.

1.5 Research Excellence Framework (REF)

The changes in legislation since the 2008 Research Assessment Exercise mean that the equalities’ requirements for REF 2014 are more rigorous than for previous research assessment exercises, with the aim of ensuring that equalities are more fully embedded in the REF framework and processes.

The College has developed its Code of Practice for the REF which ensures that it is an inclusive process whereby the individual circumstances, including the protected characteristics, of staff are taken into account in determining the submission.

To ensure consistent application of the Code, all of those involved in the selection of staff for REF2014 have received REF specific equality and diversity training. This has been designed to ensure that all staff involved with decision making and handling sensitive data are fully conversant with the RNCM REF Code of Practice and their responsibilities.

An Equality Analysis (EA) of the policies and procedures used for selecting staff for REF 2014 has been carried out to ensure that the selection process does not include any barriers to submission of staff from the protected equality groups. This is a living document and will detail any changes and developments to the implementation of the Code and other relevant issues up to, and including, the College’s submission. Additionally, anything highlighted in the EA as potentially problematic for any of the equality groups (for example, following a mock exercise) may necessitate changes or amendments to the Code and/or its implementation.

Staff entered in the REF 2014 are normally required to identify four research publications as evidence of research excellence. There are, however, circumstances where fewer than four publications may be admissible. The College will take into account any circumstances of staff that have impacted on their contribution to the submission. All decisions made relating to submissions to the REF will be made in accordance with principles and criteria for inclusion and exclusion as detailed in RNCM’s Code of Practice.

2. Embedding Equality in the organisation

2.1 Review of the Terms of Reference of the Equality and Diversity Committee (EDC)

In February 2013, the terms of reference and membership of the Committee were reviewed in order to include a broader representation of staff and to improve the profile of Equality & Diversity within College. The Committee reports to the Strategic Planning & Resources Committee and will act as a permanent standing group which has responsibility for developing, implementing and monitoring College activity in relation to equality and diversity. A representative of the Marketing & Communications Department and an international student representative have been added to the membership in order to increase engagement with

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students, staff and the public. A key objective for the Committee in 2013/14 is to consolidate and ensure its new structure delivers measurable success to the organisation. These arrangements will continue to be monitored to ensure they remain effective in taking forward the equality and diversity agenda.

2.2 Equality Objectives

During the 2012-3 Academic Year, the three main Equality Objectives1 were broken down into key tasks, each with specific actions and timescales to be undertaken during the implementation period 2012-2015.

Objective number 1 (Engage) is aimed at improving how the RNCM engages with staff, students and service users to support information gathering, equality analysis, objective setting and in reviewing progress against objectives. Objective number 2 (Disclose) is aimed at encouraging greater disclosure rates of protected characteristics amongst staff, students and service users. Objective number 3 (Monitor) is aimed at evaluating and developing the mechanisms in place to monitor, analyse and effectively utilise RNCM equality data.

A review of progress towards the three main equality objectives is included as a regular agenda item at EDC meetings and impending actions are identified. Progress this year against these three objectives is detailed in other sections of this report.

2.3 Equality Analysis

As part of its on-going commitment to mainstreaming equality, the College has revised and introduced a refined process for carrying out equality analysis on policies or practices with a view to ensuring “due regard” for protected characteristics. The process allows the College to demonstrate that it is meeting the requirements of the General Equality Act Duty and focuses attention on delivering decisions that are evidence-based, transparent and informed.

It is important to note that the College would not be challenged, with regard to the Equality Act 2010, for the decision itself, but for any inability to be able to demonstrate “due regard” in the decision making process.

Members of the Equality and Diversity Committee undertook a number of “mock” equality analyses and found the new Equality Analysis process easy to understand and the template easy to use. It was agreed that the process should be rolled out College-wide and that Equality Analysis should be used initially on new procedures and policies as they are drafted and, thereafter, retrospectively applied to those already in place. In the Autumn Term the Equality and Diversity Committee will agree the key academic policies and practices to undergo EA and a plan of action for 2013-14. The Committee will also ensure that adequate support materials are made available to staff undertaking EA so that the process provides a robust audit trail of decision making. These actions support Equality Objective 3 – Monitor.

3. Staff

1 “Engage” (Objective number 1)“ Disclose” (Objective number 2) and “Monitor” (Objective number 3)5

3.1 Disability Symbol – Two Ticks

A compliance visit is expected in Autumn Term 2013 and changes in the College’s Recruitment and Selection Policy have been made to support a robust and consistent approach to the selection and appointment of all candidates including those with disabilities to vacant posts within the RNCM. With the continued support from medical advice provided by the Occupational Health Service, the College can ensure that if and when staff develop any form of disability, every adjustment and effort is made to ensure that they retain employment.

The Human Resources Team is constantly engaging disabled staff in dialogue about the support they require from the RNCM. Adjustments are continuously implemented with the help of Estates and Venues Department as well as through the help of line managers.

3.2 Personal Details and Equality Monitoring Form

The annual exercise to ask staff to update their personal details and to encourage staff to disclose data on sexual orientation, gender, age, religion or belief, ethnicity, disability, gender reassignment undertaken in Spring 2013, produced an overall 67% return rate, with a 56% return rate from academic staff and an 85% return rate from support staff. This is a very slight decrease compared to last year’s results and measures will be discussed at the Equality and Diversity Committee in Autumn Term 2013 to decide the next steps. The availability of on-line access to the form will be investigated as it is thought to be a key factor in increasing disclosure which will, in turn, improve the range of data collected for analysis.

The annual HESA Staff Return continues to change its data requirements and asks for additional equality related information. The College will need to plan how to capture this data and how we communicate to staff the reasons for doing so. This will be reviewed during 2013-4 academic year.

3.3 Access to Work Scheme (ATW)The College claimed £ £46,575 towards overall costs during 2012/13. The costs incurred related to making reasonable adjustments for staff in the performance of their duties.

3.4 Equality and Diversity Training

The Equality and Diversity Committee proposed that a rolling three year plan for Equality and Diversity awareness training for staff and students should be drawn up to encompass the following themes:

1. Equality Act 20102. Mental Health3. Learning Difficulties4. Visual impairments5. Hearing impairments6. Equality Analysis7. Unconscious bias8. Dignity at work and study – bullying and harassment

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A draft training programme will be finalised by the Equality and Diversity Committee in Autumn Term 2013 with a view to identifying both in house and external expertise required to deliver the training.

3.5 Accessibility

Estates’ management continue to implement improvements with regard to the accessibility of the College building and facilities where- and whenever projects are undertaken. New handrails were installed to the Opera Theatre Auditorium main aisles/staircases, prior to the start of the 2012 Autumn Term. The handrails have been a great success, with many patrons making positive comments to Front of House Management. The handrails are helping to provide a much safer environment and aid pedestrian traffic flow up and down the auditorium.

Front of House Management and Stewards have been trained by a health practitioner in ‘people handling and transfer techniques’. This training will enable staff to safely and properly physically handle any persons requiring assistance to evacuate the building during an emergency. In addition to the training, specialist evacuation equipment has been purchased and deployed within the College’s auditoria.

3.6 Raising awareness of Equality and Diversity

Further engagement of staff with equality and diversity will be discussed during the coming year at the Equality and Diversity Committee including proposals for a news bulletin for all RNCM staff and Managers which will provide updates on the Equality Act. Improved methods of engagement with staff, students and service users need to be agreed to support information gathering, equality analysis, objective setting and monitoring. These will be identified and Implemented in 2014-15.

4. Students

4.1 Support for Students

The Students’ Union Executive team have continued to make equality and diversity a key part of the work they do. The roles of Lesbian, Gay, Bisexual and Trans Representative and Environment Representative have been elected again this year. In addition, there are a Welfare Representative, a Wellbeing Representative and an Outreach Representative on the Executive Team. This will give students a bigger and wider support network. The Students’ Union President and Welfare Representative are members of the Equality and Diversity Committee.

For students who do not drink alcohol, during Fresher’s Week events which have "free drinks" or "drinks tokens" will also have free soft drinks on offer. Furthermore, this year a new day time event was added to the Fresher’s timetable (as well as events in the evening) involving a picnic and a game of rounders in Whitworth Park.

The Students’ Union continues to promote the work and services offered by the RNCM counsellors, the Student Welfare & Support Administrator and St Peter’s House Church.

The SU President planned a series of international, intercultural and charity events to celebrate and raise awareness of equality and diversity in 2012/13. These include World Anti-slavery day, National Day against Homophobia and Trans- phobia and Red Nose Day.

4.2 Support for International Students

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The International Office provides student specific support such as immigration information, orientation and integration. International Students also have an International Student Representative, the Vice-President for International in the Students’ Union who participates in the International Committee.

Induction for international students has been extended to a full week to encompass a greater number of topics such as study methods, orchestral etiquette, visa rules, etc.

The College also has an English Language Support Tutor who provides specialist support to on average 50-60 international students who are non-native speakers of English through one-to-one tutorials in support of academic work and weekly general English language lessons. After the completion of the 6th successful pre-sessional course, it has been decided to extend the duration of the course by 2 days and the length of each study day. This will provide better preparation for the academic rigors of the course they are joining at the College.

In 2012-13 additional language support has been provided to overseas students undertaking the new Masters in Performance course as well as students on the Continuing Professional Development scheme.

The RNCM Sponsorship Policy has been developed to ensure that international students and the College are compliant with UK Border Agency regulations.

In June 2013 the Head of International Relations received a ‘Positive Impact Award’ from RNCM students.

4.3 Support for Students with Disabilities and Specific Learning Needs

The College continues to provide a Learning Support Service for students who have disclosed a disability and/or specific learning difficulty such as dyslexia. Areas of support include:

• Guidance on disclosing and documenting a disability/specific learning difficulty• Provision of a Personal Learning Plan (PLP), subject to diagnostic confirmation• Screening for specific learning difficulties• Screening for scotopic sensitivity/visual stress• Referral for psychological and/or medical assessment• Advice on applying for Disabled Students’ Allowance (DSA)• Access to facilities such as note-takers and assistive technology• One-to-one support with academic work• Advice to teaching and support staff on reasonable adjustments (in accordance with the

Equality Act 2010).

For the academic year 2012-13, a total of 97 students who had disclosed a disability/specific learning difficulty were issued with a PLP. This figure compares with 100 students in 2011-12and 87 students in 2010-11.

The breakdown of PLPs according to disability category was as follows:

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2010/11 2011/12 2012/13Specific learning difficulty 56 68 61Mental health difficulty 14 19 28Medical condition: 18 9 16Sensory impairment: No figures 4 2Autistic Spectrum: No figures No figures 52 or more impairments No figures No figures 15

• One-to-one academic support:34 students took up this support, on a regular or occasional basis. All eligible students received regular invitations to book appointments, as well as reminders 24 hours before their tutorial was due. 36 students with specific learning difficulties attended regular tutorials for support with academic work; a further 19 students attended occasionally. In 2010-11 this figure was 30 students with specific learning difficulties and a further 17 students attended occasionally.

• SpLD screening:There continues to be a high demand (over half of students diagnosed with a specific learning difficulty had not been assessed prior to starting at RNCM). The requirement for students to fund 50% of the cost of a full diagnostic assessment continues to apply, although there is evidence to suggest that this does act as a deterrent in some cases.

Junior RNCM students are entered for external exams with the Associated Board of the Royal Schools of Music. Students with Special Learning Needs can be allocated support such as extra time or an amanuensis in written exams. Since August 2011 the JRNCM has built up a list of these students and their specific needs, as well as the supporting documentation (from their LEA, school or doctor) so the students do not have to declare their needs for each exam session. By dealing with this matter ‘in house’ students who require support are enabled to feel that they can come forward, and are reassured that the process is simple and confidential.

• Disability Student Allowance (DSA)58 students were awarded DSA. All eligible students are proactively encouraged to apply, and are supported through the process by the Student Support & Welfare Administrator.

• Mental health difficultiesThe number of students disclosing a variety of mental health issues is increasing year on year(see table above).

• Information and trainingDuring 2012-13 disability-related pages on Moodle for both students and staff were set up; these are currently being reviewed and updated. The Learning Support Tutor co-presented a session entitled ‘Supporting Students with Specific Learning Difficulties’ at the Learning and Teaching Forum (Autumn Term 2012).Further awareness-raising about Personal Learning Plans (PLPs), particularly for hourly paid teaching staff will be carried out in 2013-4.

4.4 Improving Student Diversity through the Junior Departments

The Junior RNCM comprises 200 students, coming from a wide range of financial and social backgrounds. The Junior RNCM offers a large number of scholarships and bursaries, including 40 Department of Education Music and Dance Scheme Bursaries each year.

In addition to this, the Junior RNCM manages scholarship funding from a wide range of sources, including the RNCM Access Fund, Wolfson and Leverhulme, as well as the Junior School Endowment Trust and other private sponsors. Through these methods the Junior RNCM

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supported 118 awards in 2012 – 2013 and has pledged to support 114 awards in 2013 – 2014. Parents are encouraged to communicate as openly as possible with the Head of Junior RNCM in times of financial difficulty so appropriate support can be considered, this can be at any point during the academic year, when family circumstances dictate.

RNCM Young Projects are part of the RNCM’s portfolio of activities for young people of school age, from 5 to 18 years old. The aim is to give participants a high quality experience which develops musical and technical skills and creativity. Participants do not undergo any kind of selection process. Current activities include Young Bassoons, Young Horns and Young Oboes, which meet once a term for a 3 hour workshop and Young Saxophones which provides workshops for young players as part of RNCM Saxophone Day.

RNCM Young Strings takes place each week during term time and strives to provide a well-rounded musical education to children of primary school age. It is an open-access scheme, offering tuition in stringed instruments and musicianship over an average period of six years. It provides an alternative to learning a stringed instrument in school, with a Music Service, or through one-to-one instrumental lessons with a private teacher. The purpose is to develop enthusiastic young string players who have excellent instrumental technique, outstanding aural skills and a deep musical understanding.

It provides tuition to children from diverse backgrounds. Children do not undergo any kind of selection process. Instead, children are added to a waiting list and accommodated when a vacancy is available.

5. Monitoring and Evaluation

The third Equality Objective of the College involves monitoring the reporting of equality data and seeking to improve the range of data reported through collaboration between the Human Resources and Registry functions. Access to HEIDI equality statistics derived from the HESA annual staff and student returns will enable the College to produce further analyses. There are increasing requests from HESA and to collect and report on additional protected characteristics not previously reported e.g. sexual orientation, religion and belief. The College began to collect data on sexual orientation, religion and belief as well as gender identity in 2012 so it is well placed to monitor across the range of protected characteristics.

6. Priority areas for the Year Ahead 2013/14

By the end of the academic year 2013/14 the RNCM will have:

Specific completion rates will be agreed by the Equality and Diversity Committee for Schools and Departments to review policies and practices using the approved Equality Analysis process.

Analysed staff data collected at recruitment on protected characteristics

Collated and reported data on two more protected characteristics not previously reported in the HESA staff return in 2012

Reviewed other possible mediums for data collection

Made additions to the equality monitoring data published on the website in January 2014 to include data on additional protected characteristics e.g. sexual orientation, religion and belief.

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Introduced equality and diversity pages on the newly developed Staff Intranet when funding is re-prioritised on its development.

Added additional equality and diversity information on the new website so that equality and diversity can be championed through this medium.

Designed a method of online consultation to engage with staff, students and members of the public on equality and diversity issues.

Developed a three year rolling plan of training for staff and students on themes identified by the Equality and Diversity Committee

Obtained funding for and arranged the delivery of equality and diversity training for staff and students as prioritised by the Equality and Diversity Committee

Successfully been audited and reaccredited for use of the Two Ticks Symbol

Appendix 1

Equality Information

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The following appendix of this report contains statutory equality information that the College is required to publish on an annual basis. This report provides details about the staff and students of the College in relation to the legally protected equality characteristics. This data was captured from the HESA staff return in September 2012

1. Staff Data Analysis

Age

34 and under

35-4950-65

66+

unknown

RNCMCUK AveGM Ave

- The majority of RNCM staff are in the age range 35-49 - The majority of staff in the CUK conservatoires is in the age range 35-49- The majority of staff in the Greater Manchester universities2 are in the age range 35-49

34 & under 35-49 50-65 66 & over

2009/102010/112011/12

- The percentage of staff in the age range 34 and under has decreased in the period 2009-12- The percentage of staff in the age range 35-49 has risen since 2010- The percentage of staff in the age range 66 and over has stayed the same from 2009 to 2012

2 University of Manchester, Manchester Metropolitan University and the University of Salford

Age variation over 3 years at RNCM.

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Gender

RNCM GM CUK0%

10%

20%

30%

40%

50%

60%

FemaleMale

2009/10 2010/11 2011/12

FemaleMale

- There has been a larger percentage of female staff in the RNCM over three years.

-There is a higher percentage of male than female staff in the RNCM-There is a higher percentage of male staff in the CUK group than in the RNCM-There is a higher percentage of male staff in the CUK group than in the Greater Manchester Universities

Gender profile at the RNCM over three years

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Ethnicity

CUK GM RNCM

White BritishOther

-There is a higher percentage of white British staff in the RNCM than in the Greater Manchester Universities-There is a higher percentage of white British staff in the RNCM than in the CUK group

Breakdown of non-white staff in the RNCM

WhiteBlack or Black British - CaribbeanBlack or Black British - AfricanOther Black backgroundAsian or Asian British - IndianAsian or Asian British - PakistaniAsian or Asian British - BangladeshiChineseOther Asian backgroundOther (including mixed)Not known

-White staff constitute the largest percentage of staff in the RNCM-Asian or Asian British staff constitute the next largest percentage of staff in the RNCM-Chinese staff constitute the next largest percentage of staff in the RNCM

RNCM staff ethnicity over 3 years

White Black Asian Other (including

mixed)

Not known

2009/102010/112011/12

- White staff have constituted the largest percentage of RNCM staff in the last three years

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Disability

KnownNot Known/Refused

- The majority of RNCM staff have no known disability

2009/10 2010/11 2011/12

Known to be disabledNo known disability

- The percentage of staff known to be disabled has decreased over three years

RNCM staff disability levels over 3 years

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2. Student Statistics

Gender

PG

MaleFemale

-There are more female than male Postgraduate students in the RNCM

UG

Male

-There are more male than female Undergraduates in the RNCM

RNCM Student gender over 3 years

2009/10 2010/11 2011/12

FemaleMale

- Over a period of three years, the majority of RNCM students have been female

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Gender by School of Study

SWBP SS SVS SKS SC

Male FemalePG 100 123UG 270 254

SWBP 116 93SS 74 107SVS 64 100SKS 59 55SC 18 5

-There is a higher percentage of male students in the School of Composition than in other Schools of Study-The School of Composition has the smallest percentage of female students

Female

Male

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Ethnicity

PG

White BritishOther

-There are only 3 more White British students in the Postgraduate student body than non-white British

UG

White BritishOther

-There are more white Britsh students in the Undergraduate student body than non-white British

White Black Asian Other (inlcuding

mixed)

Not known

Non-UK domicile

2009/102010/112011/12

- There has been an increase in the percentage of white RNCM students over three years- There has been an increase in the percentage of RNCM students with non-UK domicile

RNCM student ethnicity over 3 years

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Disability

PG

No Known/RefusedKnown

The majority of Postgraduate students have no known disability

UG

No Known/RefusedKnown

Over 10% of UG students disclosed a specific learning difficulty in 2012 i.e. dyslexia

RNCM Student disability over 3 years

2009/10 2010/11 2011/12

Known to be disabledno known disability

- There has been an increase in the number of students who have declared a disability over three years

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Appendix 2National Context

A Introduction of Early Conciliation Service by ACAS

The Government’s aim of reducing the number of claims that go to tribunal is to involve ACAS at an earlier stage than at present. As a result early conciliation of employment disputes will be introduced on 6 April 2014. http://www.acas.org.uk/index.aspx?articleid=4028

B UK Quality Code for Higher Education

The UK Quality Code for Higher Education was published in 2011 and sets out the expectations that all UK higher education providers are required to meet.

The UK Quality Code is organised into chapters and each chapter considers and addresses the overarching theme of equality and diversity. It states that an inclusive environment for learning considers the needs of all learners equally and does not disadvantage particular groups, and aims to ensure that all students have an equal opportunity to succeed in their studies. The Quality Code aims to reflect wider developments, such as the aims of the Equality Act 2010.

In the chapter regarding Enabling student development and achievement, the code states that “learning provision is guided by principles of fairness, inclusion and accessibility, enablingaccess for people who have differing individual requirements as well as eliminatingarbitrary and unnecessary barriers. An inclusive environment anticipates the variedrequirements of students, for example because of a declared disability, specific culturalbackground, mode of study or age. Where possible, equity of access is achievedthrough inclusive design but, in some circumstances, arrangements are made to enableaccess for individuals”

External reviewers carrying out audits of the College will use the Quality Code as a benchmark for judging whether the College is meeting the national expectations for academic standards and the quality of learning opportunities.

It is noteworthy that the principles of equality and diversity are embedded into the Quality Code and that they are gaining more emphasis.

C The Marriage and Same Sex couples Act

The Marriage (Same Sex Couples) Act completed its passage through the Houses of Parliament and received Royal Assent in July 2013, providing legislative equality for lesbian, gay and bisexual people. There are wider employment issues for the College to consider relating to employees' expression of opinion about same sex marriage. Those staff who may be critical of same sex marriage may be exposed to unlawful discrimination claims (based on sexual orientation under the Equality Act 2010) because staff may hold a belief that marriage should only be between a man and a woman, whether for religious or philosophical reasons.

The College may need to consider the extent to which it should make 'reasonable accommodation' on grounds of religion or belief for staff and to what extent it may restrict speech and association in this area.

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D Reform of the Equality and Human Rights Commission (EHRC)

The coalition Government has launched a consultation on plans to reform the EHRC to ensure that it focuses on its core regulatory activities. The EHRC was established in October 2007, when it took over the work of the Equal Opportunities’ Commission, the Commission for Racial Equality and the Disability Rights’ Commission. It was also given responsibility for promoting equality and tackling discrimination in respect of age, sexual orientation and religion or belief, and providing institutional support for human rights. In the consultation the Government says that the EHRC has "struggled to deliver against its remit and provide value for money" and "not been cost effective for the taxpayer"

The Government has, without amending the statutory powers of the EHRC, made targeted budget cuts ceasing to fund the Commission to provide a Helpline or to make grants, and has indicated that it will, in future, cease to fund the Commission to provide guidance to those with duties under the Equality Act 2010. It has also announced plans to conduct a ‘zero-based review’ to examine ‘those activities the EHRC is uniquely well-placed to do because of its legislative powers, strategic partnerships and expertise, and the resources – budget, staffing and infrastructure – necessary to support this’. The Government will review the EHRC's progress at its next triennial review in autumn 2013 and if sufficient progress has not been made, it "will seek to implement more substantial reform to ensure that the EHRC's core functions are discharged efficiently and effectively going forward. This could include some functions being done elsewhere, or splitting its responsibilities across new or existing bodies." If this takes effect, the higher education sector will lose a source of guidance, and a champion of promoting equality and tackling discrimination under the Equality Act 2010.

E Review of the Public Sector Equality Duty (PSED)

In May 2012, the Government announced a review of the general public sector equality duty to assess whether or not it is "operating as intended".

The review is particularly focusing on the following key themes:

•how well understood is the PSED?•what are the costs and benefits of the PSED?•how organisations are managing legal risk and ensuring compliance with the PSED•what changes, if any, would ensure better equality outcomes (legislative, administrative and/or enforcement changes, for example)?

The Equality Challenge Unit (ECU) has co-ordinated a response to the Government’s consultation and has argued that evidence shows the PSED has provided impetus for step changes to address inequality in education generally, and more specifically in higher education. It maintains that more time is needed to embed practice to meet the current requirements as the PSED has only been in place for two years and Higher Education Institutions have spent time and resources developing mechanisms and work to implement the PSED. Major changes would, they submit, create uncertainty and further work for HEIs. Overall, ECU suggests that the PSED has been effective in providing a goal for public bodies to progress towards a fairer society.

What this would mean in practice is that, rather than having to publish specific equality objectives and adhere to national frameworks, public authorities will instead publish a range of equality data relating both to their workforces and to the services they provide. This will be in

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line with the principles set out by the new Public Sector Transparency Board, which has been set up to encourage public authorities to open up their data.

F Repeal of the use of the statutory discrimination questionnaire

The Government intends to use The Enterprise and Regulatory Reform Act 2013 to repeal the statutory discrimination questionnaire procedure on the basis that it considers it is too prescriptive and is open to abuse.

The purpose of the procedure is to help a person ‘to decide whether to institute proceedings and, if s/he does so, to formulate and present his/her case in the most effective manner’ and enables the individual who believes that s/he may have been discriminated against to ask the employer relevant questions about suspected discrimination in relation to all of the protected characteristics. The procedure can also be used to obtain information in relation to an equal pay complaint and provides for the information to be used as evidence in tribunal proceedings.

The indicative timetable for implementation is 6th April 2014.

There are concerns that the removal of the questionnaire will incur an additional burden on tribunals if longer and more protracted applications for disclosure are involved There are also concerns about transparency of information if employers are unlikely to give information about possible discrimination voluntarily.

The RNCM will continue, through the use of its grievance procedures, to take action swiftly to remedy the cause of any discrimination and rectify any wrongdoings in order to minimise any claim of suspected discrimination being received by an Employment Tribunal.

G Repeal of Some Provisions of the Equality Act 2010

The third party harassment provisions will be repealed with effect from October 1st 2013. An employer could, in certain circumstances, have been liable for the harassment of an employee where it is carried out by a third party, for example a customer or supplier.

Earlier this year, the Government launched a consultation on proposals to repeal these provisions on the basis that there is "no evidence to suggest that the third party harassment provisions are serving a practical purpose or are an appropriate or proportionate manner of dealing with the type of conduct that they are intended to cover".

H Requirement to conduct an equal pay audit

The Government is consulting on a draft provision requiring Employment Tribunals to order an employer to conduct an equal pay audit in certain circumstances. The issues covered in the consultation include: requirements as to the contents of an equal pay audit; how to determine whether or not an equal pay audit has complied with specified standards; and, the proposed approach to disclosure of an equal pay audit. The consultation document states that the provision will be introduced in 2014.

An employment tribunal which finds that an employer has discriminated on grounds of sex in contractual or non-contractual pay will be obliged to order the employer to conduct a pay audit in cases where continuing discrimination is likely.

An audit would not be ordered if one has been completed in the last three years, the employer has transparent pay practices or the employer can show a good reason why it would not be useful.

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The introduction of the compulsory audits is intended to encourage employers to settle cases before they go to Tribunal, as they would be deterred from proceeding to a situation where losing might result in them facing a pay audit. The threat of being required to carry out an equal pay audit if the case is lost may make employers more likely to settle cases.

The College will continue to implement the National Pay and Grading Framework and through the use of role analysis, aim to minimise any claims of discrimination in contractual and non-contractual pay on the grounds of sex.

I Extension of Flexible Working Rights 2014

The Government's new proposals are that all employees with 26 weeks' continuous service will be able to make a request. The extension to all employees with the requisite employment period will help to support not only parents and carers, but also individuals who wish to undertake voluntary activities and individuals who did not meet the narrow definition in the current legislation. Moreover, although the 26-week period will remain, the Government is keen for employers to consider flexible working opportunities at the point of recruitment and there are plans for non-legislative measures to be put in place.

Employers will have to ensure that when prioritising requests they do so for business reasons alone and that they do not directly or indirectly discriminate against employees. This is a complex balancing act given that discrimination is prohibited in relation to nine specific protected characteristics.

The Government proposes to make the system for considering flexible working requests more adaptable. The current statutory procedure for considering requests will be replaced with a new duty on employers to consider requests "reasonably" (for example, within a reasonable time and in a fair and reasonable manner). ACAS will be consulting on and producing a statutory code of practice in relation to flexible working with guidance on these points. The College will be reviewing its current policy to take account of these changes.

J Extension of Parental Leave

From April 2013, for those who have been employed for at least one year there is a right to unpaid ‘parental leave’ which can only be exercised until the child’s 5th birthday (or 18th birthday in the case of disabled child). This provides up to 18 weeks’ unpaid leave per parent per child (18 weeks in respect of a disabled child). The statutory scheme provides that a maximum of 4 weeks’ parental leave can be taken in one year.

From 2015 the right will also be extended so that the leave can be taken at any time until the child’s 18th birthday. Shared Parental Leave is also proposed for 2015. If the mother returns to work prior to the end of her 52 week maternity leave period, then up to 50 weeks (depending how much leave is remaining as untaken) can be shared between the mother and her partner as ‘shared parental leave’. A maximum of 12 months can be taken (between the 2) and no more than 9 months of this would be paid (unless an employer has more generous maternity or paternity pay arrangements in place). This right will also apply to parents who adopt.

Whilst 52 weeks maternity leave will remain the ‘default’ position for women, the flexible parental leave will replace the current maternity and paternity leave ‘division’ and is intended to be less restrictive for the employee and provide the opportunity for real balance and flexibility in accommodating parenting and workplace responsibilities. There is also scope under the new system for leave to be taken concurrently by both parents something which at present is only available (on a paid basis) during the 2 week ordinary paternity leave period which can overlap with maternity leave.

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These changes will require greater planning of staffing by the RNCM to cover parental leave and flexibility by staff with regard to sharing leave with their partner.

The RNCM will need to carry out a review of its family friendly policies in 2014 to meet the requirements of this proposed legislation.

K Antenatal Appointments – 2015

Pregnant mothers already have the right to reasonable paid time off work to attend antenatal appointments. This right will be extended to apply to fathers (or the mother’s partner) for attendance at two appointments from 2015 (although the time off will be unpaid). The College will review its Paternity Policy in 2015 to accommodate these changes.

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