Equality and Diversity and the RAE

Simon IngerCatherine Hole

Diana Newport-PeaceMarlene Bertrand

This session

• Why are we doing this?

• Legal framework for equalities and diversity

• RAE context

• Case studies

• The RAE dry run

Objectives

• Awareness of the legislative framework for RAE 2008 across the University - current laws relating to equality and diversity and to employment.

• Information for robust and defensible RAE submission decisions; to protect the legal rights of individuals considered for inclusion.

• Compliance with the University’s code of practice for preparing submissions to RAE 2008.

How much do we know?1. What % of all academic staff (R,T and R&T) in UK Universities are female?

a) 29% b) 40% c) 53%

2. What % of disabled people are born with their disability?a) 8% b) 35% c) 60%

3. On average, how much less do black and minority ethnic academic staff earn compared to their white colleagues?a) 5% b) 12% c) 19%

4. Among full-time academic staff, 61% of white staff have permanent contracts. What % of Asian staff in the same group have permanent contracts?a) 21% b) 36% c) 66%

5. In RAE 2001, 37% of all male academics were counted as research active. What proportion of female academics were considered research active?a) 19% b) 32% c) 50%

How much do we know?1. What % of all academic staff (R,T and R&T) in UK Universities are female?

a) 29% b) 40% c) 53%

2. What % of disabled people are born with their disability?a) 8% b) 35% c) 60%

3. On average, how much less do black and minority ethnic academic staff earn compared to their white colleagues?a) 5% b) 12% c) 19%

4. Among full-time academic staff, 61% of white staff have permanent contracts. What % of Asian staff in the same group have permanent contracts?a) 21% b) 36% c) 66%

5. In RAE 2001, 37% of all male academics were counted as research active. What proportion of female academics were considered research active?a) 19% b) 32% c) 50%

What is diversity?

• Race• Gender• Disability• Age• Sexual Orientation• Religion & Belief• Terms and conditions of work• Trade union membership

Diversity and the Law

“It is unlawful to discriminate against someone on the grounds of their sex (including gender reassignment), sexual orientation, marital status, race, colour, nationality, ethnic origin, religion, beliefs, disability, pregnancy or childbirth, or because they are a member of a trade union.

It is also unlawful to discriminate against part time workers.” (and fixed-term contract workers)

Source: A-Z of Equality and Diversity, AUA, March 2005

What is discrimination?

“Constituting, setting up, observing a difference between; making distinction.”

OED

The RAE is all about discrimination – based on clear criteria applied to all

What is discrimination?

“[Unlawful] discrimination takes place when an individual or group of people is treated less favourably than others because of factors unrelated to their merit, ability or potential.”

Source: A-Z of Equality and Diversity, AUA, March 2005

Direct discrimination

“Direct discrimination occurs when factors unrelated to merit, ability or potential of a person or group are used as an explicit reason for discriminating against them.”

Eg, not employing a pregnant woman because her upcoming maternity leave will be an inconvenience.

Eg, not employing a disabled person as their use of a wheelchair might be inconvenient to other colleagues.

Source: A-Z of Equality and Diversity, AUA, March 2005

Indirect Discrimination

“Indirect discrimination occurs when there are rules, regulations or procedures in place that have a discriminatory effect on certain groups of people.”

• Eg. dress code, age bar, stride length

Source: A-Z of Equality and Diversity, AUA, March 2005

The academic context

Universities must :

• Eliminate discrimination

• Promote equality of opportunity

• Monitor and plan action

• Have policies – shaped and enacted by all staff and students

Positive Duty

For race, gender and disability, Universities must be strategic, proactive and organised in achieving equality of opportunity

ie. monitoring and understanding imbalances and taking action to correct them; providing additional training

University action / successes

• Women’s and Men’s support network & events• Self – Organised staff groups- race, LGBT, Disabled

staff, religion and belief• Springboard - personal development programme• Equalities and Diversity Committee and E+D Network• Conferences, seminars and workshops – awareness

raising and promoting equality• Childcare voucher scheme (Care4)• Providing equipment and adjustments for disabled staff-

increasing accessibility• Equality action outlined in Annual action plans

Diversity thinking

Equality of opportunity, eliminating discrimination

Taking advantage of diversity, maximising contribution and success

Legislative Framework for RAE 2001

– Equal Pay Act (1970)– Sex Discrimination Act (1975)– Race relations (Amendment) Act (2000)

Legislative Framework for RAE 2008

• Employment Act (2002)• Paternity and Adoption Leave Regulations (2002)• Gender Recognition Act (2004)• Disability Discrimination Act (2005)• Equality Act (2006) • Part-time workers (Prevention of less favourable

Treatment) Regulations 2000• Fixed-term employees (prevention of less favourable

treatment) Regulations 2002• Working time directive / Regulations 1998

Legislative Framework for RAE 2008

• Employment Equality (Religion and Belief) Regulations (2003)

• Employment Equality (Race) Regulations (2003)• Employment Equality (Sexual Orientation) Regulations

(2004)• Employment Equality (Sex Discrimination) Regulations

(2005)• Employment Equality (Age) Regulations (2006)• Equal pay act (1970)• Sex discrimination act (1975)

RAE 2008 – What else is new?

• Increased emphasis on equality and diversity

• Provision for taking account of ‘special circumstances’ affecting research volume (case studies)

• Equalities training for RAE panel members

• University Codes of Practice

• Equality Profiling

Code of Practice

• A transparent framework for decision making

• Relevant to decision makers and researchers

• In training packs & at www.bath.ac.uk/rae

• To be reviewed regularly

RAE 2008 – the rules

• Guidance on submissions

• Panel criteria and working methods– Generic statement– Main panel statement– Sub-panel statement

• AND– University policies– Relevant English/UK Law

Case studies

• What relevant legislation (if any)?• Issues re. the decision to submit in the RAE• Any accompanying comments to submission?• Could anything have been done differently in the past?• Advice to Head of Department / Group now?