Introduction 

This paper sets out the Corporate Equalities Team recommended guidelines for monitoring in both employment and service delivery, and has been written by the Corporate Equalities Team with regard to legislation (current and forthcoming) and the Council’s own Corporate Equality Commitment and Equal Opportunities Policy. 

The purpose of equalities monitoring

In line with legislation, guidance from the EOC, Stonewall, ACAS, Employers Organisation, the CRE and the DRC , Bath and North East Somerset Council is committed to ensuring that it is operating fairly and equitably in both Service Delivery and Employment.  The Council’s Corporate Equality Commitment and Equal Opportunities policy, by themselves, will not bring about equality – the Council must have a system for checking whether their policies are being carried out and whether they are working.  Comprehensive equalities monitoring will enable us:

• To find out if our Equality policies are working.
• To find out which groups are using our services (and how satisfied they are with them).
• To determine whether we are offering equality of opportunity and treatment to all groups. 
• To highlight areas where we are not complying with our equality policy.
• To enable the Council to find solutions and make changes, rather than using guesswork or assumptions.
• To provide evidence that we know who our users and non-users are, and that we have found out what their needs are.
• To avoid what could be costly complaints of discrimination, by making sure that we identify problems and issues at an early stage.
• To improve our reputation as a good and fair provider of goods or services, and as a good employer.

What to monitor

To comply with best practice guidelines from the CRE, the DRC the EOC, ACAS and the Employers Organisation and current legislation (see Appendix 1), it is recommended that monitoring in employment and service delivery is undertaken in the following categories:

• Age
• Disability
• Ethnicity
• Gender
• Religion/belief
• Sexual orientation

More detailed guidance on how to monitor within each of these categories follows.

Detailed guidance on monitoring categories

Age  

Date of birth or age bands.  E.g.

• Under 25
• 25 - 34
• 35 - 44
• 45 - 54
• 55 +
• Prefer not to say

Disability  

Monitoring disability should be done with reference to the Disability Discrimination Act (DDA) definition.  The DDA sets out the circumstances in which a person is "disabled". It says you are disabled if you have:

• a mental or physical impairment
• this has an adverse effect on your ability to carry out normal day-to-day activities
• the adverse effect is substantial
• the adverse effect is long-term (meaning it has lasted for 12 months, or is likely to last for more than 12 months or for the rest of your life)

Progressive conditions such as HIV or multiple sclerosis count from diagnosis rather than from the onset of symptoms.  Also, If your disability has badly affected your ability to carry out normal day-to-day activities, but doesn't any more, it will still be counted as having that effect if it is likely to do so again.  Past disabilities are covered.

The above notes (or something similar) should be included as a guidance sheet in your monitoring information. Below is an example of how you might word your disability question:

Do you consider yourself to be a Disabled person? 

•  Yes
•  No
•  Prefer not to say

 (i.e do you have physical or mental impairment which has a substantial long term adverse effect on your ability to carry out day to day activities?

•  Mobility
•  Manual dexterity
•  Physical co-ordination
•  Continence
•  Ability to lift, carry or otherwise move everyday objects
•  Speech, hearing or eyesight
•  Memory or ability to concentrate, learn or understand
•  Perception of the risk of physical danger

Gender

Male, Female

 

Transgender

One suggestion for asking people if they are transgender is to give it as an alternative to a male/female question.  This is inappropriate: most trans people do not consider themselves to be a ‘third sex’ and are likely to take offence at this suggestion.  Therefore, under a separate 'transgender' heading the following question should be asked (in addition to the gender question).

Is your gender identity the same as the gender you were assigned at birth?

Yes/No

 

Relationship Status

‘Marital status’ can be included as this is included in the Sex Discrimination Act.  This should be extended to include Civil Partnerships. E.g the question could ask if someone is: 

• Single
• Married
• Civil Partner

 

Ethnicity

We have adapted the 2001 Census question (to break down Chinese and Other Asian to include South East Asian).  Ask people to choose ONE section from A to E, then tick the appropriate box(es) to indicate their cultural background.

A.  White

• British
• Irish
• Eastern European
• Any other white background (please write in)

B. Dual Heritage (tick all that apply)

• Black Caribbean
• Black African
• Asian
• Chinese
• White 
• Any other Mixed background, please write in

C. Asian or Asian British

• Indian
• Pakistani
• Bangladeshi
• Any other Asian background (please write in)

D Black or Black British

• Caribbean
• African
• Any other black background, please write in

E. Chinese or other ethnic group

• Chinese
• South East Asian
• Any other (please write in)

 

Religion/belief

The 2001 Census question included the following categories

• No religion
• Christian
• Buddhist
• Muslim
• Hindu
• Jewish
• Sikh
• Other (please write in)

Sexual orientation

The recommended categories are:

• Bisexual
• Gay
• Heterosexual
• Lesbian

Where/How to Monitor in Employment

The development of a comprehensive monitoring system for employment is an essential and integral element of the Council’s Equality Commitment and Equal Opportunities Policy.  As a bare minimum, the Council must meet the specific duty set out in the Race Relations Amendment Act 2000, by monitoring the areas set out in Appendix 1 under the heading ‘Ethnicity’.

Target setting

Through monitoring, evaluating, setting targets and taking action where necessary, we shall be able to progressively implement our Equality Commitment and Equal Opportunities policies.  The Council has already set recruitment targets for black and minority ethnic people, disabled people and senior women managers.   Future targets might include:

• To raise proportion of BME staff/women/disabled staff taking part in management development training.
• To develop similar targets for employment in the areas of Sexual Orientation, Religion/Belief and Age once baseline data has been established.

General areas to be monitored in employment (these must be monitored for ethnicity)

• all employees
• applicants for jobs
• who succeeds and who fails at each stage of the Recruitment and Selection process
• applicants for promotion and training. 
• those who receive training
• those who benefit or suffer disadvantage as a result of performance assessments;
• those involved in grievances;
• those who have disciplinary action taken against them; and
• those who end employment with the authority.

Monitoring in service delivery:  What information do we need to monitor?

This will vary from service to service.  Not all monitoring needs to be in great detail.  There needs to be a balance between the work involved in collecting the data and what you specifically want the data for.   For example, it would be very difficult to monitor everyone who gets their bins emptied, so it might be better to monitor the complaints around this service (and then check whether these complaints are in proportion to the general population). 

• service users
• applications for services
• those refused services (included reasons)
• complaints
• language -Social and Housing Services monitor first language of service users including the following:
  • English
  • Punjabi
  • Gujarati
  • Bangla
  • Cantonese
  • Mandarin
  • German
  • French
  • British Sign Language
  • Special Communication
  • Polish
  • Spanish
  • Somali
  • Italian
  • Other spoken language

Analysis, interpretation and action

It is essential that monitoring information is used to inform practice.  If data shows, for example, that a service is not being equitably used by the whole community, or if one group in the community is found not to figure in promotion statistics, it will be important to find out why this is so and take any necessary action.    

Reporting and publishing monitoring findings

Equality monitoring is part of all fundamental performance reviews, service planning and reporting processes.  Service areas are, therefore, expected to report annually on how they are embedding equality objectives and performance indicators in service plans.

Further information on monitoring requirements and processes

Further notes on equalities monitoring are attached.  See Appendix 1 for relevant legislation and policies.

Appendix 1

Relevant legislation and policies  

Whilst there are some legal requirements to monitor ethnicity (Race Relations Amendment Act 2000), it is necessary to go beyond these minimum requirements if we are to truly progress our commitment to equalities as an organisation. 

Age

In 2006, the Employment Directive on Age will come into force, making it illegal for employers to discriminate unjustifiably against employees on grounds of age.  The Employers Organisation for Local Government and the Employers Forum on Age recommend that mechanisms are put into place now that will enable us to begin to analyse and interpret the age profiles of people within the organisation.  They also recommend that we assess all policies to ensure their impact is age neutral. If we monitor the impact of policies on employees according to their age, it will enable us to assess whether we are operating fairly.  

We also have a commitment within our Corporate Equality Policy to ensure that our services are provided on an equitable basis according to age.  Monitoring the age profile of our service users will enable us to assess this.  

Disability

The Disability Discrimination Act 1995 employment provisions, which have been in force since December 1996, set down two ways in which an employer might unlawfully discriminate against a disabled employee or job applicant:

• by treating him or her less favourably (without justification) than other employees or job applicants because of his or her disability, or
• by not making reasonable adjustments (without justification).

Undertaking monitoring of disabled employees by, for example, carrying out an audit trail of ‘reasonable adjustments’ in place will enable us to establish that we are operating fairly and within the law.

Part III of the DDA gives disabled people rights of access and placed a number of requirements service providers:

• Service providers must not treat a disabled person less favourably because they are disabled;
• Service providers have had to consider making reasonable adjustments to the way they deliver their services so that disabled people can use them.
• Service providers may have to consider making permanent physical adjustments to their premises

The DDA code of practice states that organisations that have, and follow, their equality policy – including monitoring its effectiveness - are likely to have that counted in their favour by a tribunal if a complaint is made.

Finally, Bath and North East Somerset Council has been awarded ‘Two ticks: positive about disabled people’.  Improving the accuracy of our monitoring data will help us to fulfil the requirements of ‘Two Ticks: positive about disabled people’.

Ethnicity

The Race relations Amendment Act 2000 introduced a duty upon public bodies to monitor by ethnic group, all employees and all applicants for jobs, promotion and training.  There are additional monitoring requirements for public authorities who employ more than 150 people to monitor the number of employees from each ethnic group who:

• receive training;
• benefit or suffer disadvantage as a result of performance assessments;
• are involved in grievances;
• have disciplinary action taken against them; and
• end employment with the authority.

As far as service delivery is concerned, under the RRA 2000 we have to show how we will monitor the impact of the policies (formal and informal decisions) we have adopted, or are proposing to adopt, on promoting race equality.  Monitoring service users will enable us to conduct these ‘impact assessments’.

Educational institutions also have specific duties, as follows.

• Schools must assess the impact of all their policies on pupils, staff, and parents from different racial groups. They must also monitor the way their policies work, placing special emphasis on pupils’ attainment levels.
• Further and higher education institutions must assess the impact of all their policies on students and staff. They must also monitor, by racial group, student admissions and progress, and staff recruitment and career development.

Gender

The Sex Discrimination Act 1976 (SDA) made discrimination on grounds of sex, marital status or on grounds of gender reassignment in employment or service delivery. The Equal Opportunities Commission (EOC) recommends that, in order to ensure an organisation is acting fairly, information on the employment situation of women, men, transgender and married people should be collected.  

Gender monitoring can help to reveal if there are sections of the organisation where there are few or no women; sections where they exist but only in the bottom grades; and other sections in which women make better progress. It is important to find out the reasons for this situation, so that remedies in the form of positive action can be taken where necessary. The analysis of the information should also be used to identify where differential rates of pay between men and women cannot be justified on grounds other than sex.

The SDA prohibits sex discrimination in the provision of goods, facilities and services to the public.  The EOC recommends that data is collected on:

• applications for services
• those refused services
• customer retention
• complaints

Transgender

A transgender person is someone who has a deep conviction that their gender - whether they are a man or a women - does not conform to the sex they were assigned at birth.  Many transgender people wish to change their name and personal details and live as a member of the gender with which they identify.  This may involve hormone therapy and surgery.  The process is referred to as ‘gender reassignment’ or ‘transitioning’.

Since April 2005, people have been able to apply for full legal recognition for their acquired gender.  The Gender Recognition Act also includes important measures to protect people’s privacy (see section below on Records and Confidentiality).  However, not all transgender people wish to or can go through this legal process.  All transgender people should be treated as the gender in which they live, whether or not they have applied for such legal recognition.

The Gender Duty, which came into force in April 2007, places an additional duty on public employers to take positive steps to combat unlawful discrimination and harassment of transsexual workers or potential workers.

Current legal protection is limited to discrimination on grounds of intending to undergo, undergoing or having undergone gender reassignment. 

Religion/Belief

The Employment Equality (Religion or Belief) Regulations came into force in December 2003 and provide protection against discrimination and harassment for employees on grounds of their religion/belief.  Areas covered are:

• recruitment and selection
• terms of employment
• access to training, promotion, promotion transfer or other employee benefit.

Whilst there is no obligation on employers to monitor in relation to Religion/belief, employers will have to prove that they did not discriminate or harass, once the complainant has made a prima facie case.

We also have a commitment within our Corporate Equality Policy to ensure that the services we offer are provided on an equitable basis according to Religion/belief.  Monitoring the religion/belief of service users will enable us to check if we are living up to our commitment.

Sexual orientation

The Equality Act 2006 prohibits sexual orientation discrimination (including harassment) in the provision of goods, facilities and services, and in the execution of public functions.  The Employment Equality (Sexual Orientation) Regulations came into force in December 2003 and provide protection against discrimination and harassment for employees on grounds of their sexuality.  Areas covered are:

• recruitment and selection
• terms of employment
• access to training, promotion, promotion transfer or other employee benefit.

Whilst there is no obligation to monitor in relation to sexuality, employers and service providers will have to prove that they did not discriminate or harass, once the complainant has made a prima facie case. 

The Corporate Equalities Team has had input into the Staff Survey 2004 and 2006 and ‘sexual orientation’ has been included as an (optional) monitoring category.  This will enable the Council to assess if lesbian and gay employees feel they are being discriminated against or harassed, and help us to improve the working environment.  Similarly, information from exit interviews will, from now on be collated and analysed to see if there are lessons for the organisation in terms of culture or people management. Some form of monitoring will also signal to tribunals that we as an employer take our responsibilities under the Regulations seriously.

The Corporate Equalities Team has consulted with the LGBT workers challenge group on this issue.  The LGBT Workers group are strongly in favour of Sexual Orientation being included in employment and service delivery monitoring for the following reasons:

Firstly, by gathering this data the Council will be able to demonstrate itself to be an equitable employer in the area of Sexual Orientation.

Secondly, if used right from the beginning of the employment process it presents a positive image to all prospective employees of a dynamic and responsive employer.

Thirdly, it is a demonstration to existing staff of the commitment of the Council to be an Equal Ops employer and will give LGB staff confidence as to their value within the Council.  Many LGB staff would feel aggrieved if the option of being included in standard monitoring was not offered - particularly in the light of the recent Employment Equality legislation.