The Challenge of Diversity

Hannah Clarke

Personnel Manager

Some Statistics

• 60 % of YDNPA employees are female.• 46% of the UK workforce are female• 39% of respondents to customer survey

were female.• 8% of respondents classed themselves as

disabled.• 97% of respondents classed themselves

as white.• 77% of respondents were over 45.

Diversity

• Different people will have different aspirations, expectations, opportunities, responsibilities and needs. Therefore treating people fairly means recognising differences, respecting them and acting accordingly.

• Treating people fairly, with equality, does not mean that we treat everyone in the same way, as this may create barriers for particular groups.

Why?

If we allow prejudice, even subconciously, to

get in the way, we may:

• Fail to see a person’s real qualities

• Allow unnecessary barriers

• Treat people unfairly

• Create unnecessary antagonism

• Act unlawfully

Why?

Understanding the diverse nature of our staff

and customers is necessary for:• Meeting the needs of all our customers• Ensuring information and learning opportunities

are available to everyone who wants to take part• Ensuring that potential new staff and customers

are not inadvertently discouraged because they experience prejudice or misunderstandings.

Why?

Objective 8 of Corporate Action Plan 2009/10 and

Objective UE7 of the National Park Management Plan:

‘Provide people from all backgrounds with the

opportunity to make a difference to the long-term

conservation, enhancement and enjoyment of the

National Park…’

Why?

Objective 11 of Corporate Action Plan 2009/10

Make information about the National Park easilyaccessible and relevant to a diverse range ofgroups and individuals, focusing on the urbanareas of Yorkshire, Lancashire and Teeside thatsurround it:• Increase the number of visitors from black and

minority ethnic communities from 1% in 2005 to 2% in 2011.

Why?

Core Values:

Commitment:

‘We will do what we say we will do.’

Integrity:

‘We will welcome and respect diversity, and demonstrate equality in working relationships.’

Consequences of getting it wrong..

• Staff morale• Loss of trust, reputation, confidence and support

from the public• Financial cost of defending a case and / or

compensation / out of court settlements• Management time to resolve complaints• Disciplinary action against individuals• Individuals could be liable under the law to pay

compensation – not just the Authority• Members would be in breach of the Members’

Code of Conduct.

Consequences of getting it wrong..

• A tribunal awarded £105,000 to an Irish man who had suffered racial abuse and threats from his workmates for over three years on the basis of his nationality. (Campbell v Carpet Factors Bolton, 2000)

• An ex-employee, supported by the EOC won an award for sex discrimination of £1.4 million against her former employer – a large City institution, following a claim that she had received only 4% of the bonus her male colleagues received. (Julie Bower v Cheapside (SSL) Ltd, 2002)

• Having been forced to resign because her employer failed to make a reasonable adjustment for a back-related disability, a 48 year old accountant was awarded a total of £280,201 in a disability discrimination case. (Newsome v The Council of the City of Sunderland, 2002)

Legal Overview

It is a basic principle of equality legislation that employersare free to decide on the skills, knowledge and qualitiesthat they want from employees.

• Positive discrimination is illegal in the UK, however, positive action is legal where a workforce is very biased toward or away from certain groups.

• To avoid discrimination – decisions to appoint must be based solely on merit.

Case Study

The following case study highlights importance of having andfollowing procedures – in this case, recruitment.

Dr Anya was a black academic employed by Oxford University. DrRoberts was one of a panel of three interviewing for a vacantacademic post. Dr Anya had been shortlisted together with anotheracademic, who was white. The other white candidate was successful. DrAnya took his case to an employment tribunal on the basis of racediscrimination and suggested serious shortcomings in the recruitmentprocess. The Tribunal focussed on Dr Roberts’ evidence as to why he hadfound Dr Anya a less convincing candidate (expressed in entirelyacceptable terms relating to his scientific ability). The Tribunal concludedthat Dr Roberts’ evidence was credible and truthful and that theexplanation for Dr Anya’s lack of success at interview was not connectedwith his race. Dr Anya’s case failed. (Anya v Oxford University, 2001)

Legal Overview

It is a basic principle of equality legislation that:

• Organisations are more likely to stay within the law if they have clear policies, procedures and practices that support diversity and equality. However, failure to follow its own guidelines could lead to its actions being deemed unfair.

• Employers are liable for acts of discrimination by any of their employees (vicarious liability) and individual employees who discriminate may also be personally liable. Clear steps should be taken by the Authority to ensure discrimination does not take place. Tribunals have interpreted ‘clear steps’ as meaning that they have provided quidelines on how to treat people equally, together with the necessary training.

• Employees are treated equally.

Legal Overview

Direct DiscriminationThe less favourable treatment of a person becauseof his or her race, sex, disability, religion or belief,sexual orientation or age.

Indirect DiscriminationThe application of a provision, criterion or practicewhich is disadvantageous to a particular groupbecause a considerably smaller proportion of thatgroup is able to comply with it.

Legal Overview

HarassmentUnwanted conduct that violates a person’s dignity orcreates an intimidating, hostile, degrading, humiliating oroffensive environment.

Examples include: Offensive gestures; threatening orabusive words; nicknames, teasing and name calling;inappropriate and offensive ‘jokes’; personal threats andattacks; exclusion from workplace functions, social eventsand general conversations.

Testing Your Knowledge

Are the following direct discrimination, indirect discrimination, or don’tlegally constitute discrimination at all?

– An Orthodox Jewish man is sacked for refusing to work on a Saturday when all members of staff have been told they have to work on that day, even though Saturdays are not normally a working day for them?

– A university shortlists a candidate, but when she arrives for interview it is obvious she is pregnant, so they don’t appoint her.

– A film production company advertising for black actors to play roles in a Nigerian wedding scene turns down an application from a white actor.

– A waiter refuses to serve a Sikh man because the dress code requires men to remove their hats in the restaurant.

– A city based law firm states in the advert for an office assistant that they must be ‘fit and healthy’.

Key Messages

Perception.

Easy to give wrong impression to others unintentionally.

Doesn’t matter what the intent was if the outcome caused offence.

Members/SMT must lead from the top and lead by example, however, all employees are representatives of the Authority and are equally accountable for their actions.

Any Questions?