The Challenge of Diversity

1. The Challenge of Diversity Hannah Clarke Personnel Manager

2. 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. Some Statistics

3. 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. Diversity

4. 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?

5. 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?

6. 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?

7. Objective 11 of Corporate Action Plan 2009/10 Make information about the National Park easily accessible and relevant to a diverse range of groups and individuals, focusing on the urban areas of Yorkshire, Lancashire and Teeside that surround it: Increase the number of visitors from black and minority ethnic communities from 1% in 2005 to 2% in 2011. Why?

8. 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.’ Why?

9. 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..

10. 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) Consequences of getting it wrong..

11. It is a basic principle of equality legislation that employers are free to decide on the skills, knowledge and qualities that 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. Legal Overview

12. The following case study highlights importance of having and following procedures – in this case, recruitment. Dr Anya was a black academic employed by Oxford University. Dr Roberts was one of a panel of three interviewing for a vacant academic post. Dr Anya had been shortlisted together with another academic, who was white. The other white candidate was successful. Dr Anya took his case to an employment tribunal on the basis of race discrimination and suggested serious shortcomings in the recruitment process. The Tribunal focussed on Dr Roberts’ evidence as to why he had found Dr Anya a less convincing candidate (expressed in entirely acceptable terms relating to his scientific ability). The Tribunal concluded that Dr Roberts’ evidence was credible and truthful and that the explanation for Dr Anya’s lack of success at interview was not connected with his race. Dr Anya’s case failed. (Anya v Oxford University, 2001) Case Study

13. 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

14. Direct Discrimination The less favourable treatment of a person because of his or her race, sex, disability, religion or belief, sexual orientation or age. Indirect Discrimination The application of a provision, criterion or practice which is disadvantageous to a particular group because a considerably smaller proportion of that group is able to comply with it. Legal Overview

15. Harassment Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Examples include: Offensive gestures; threatening or abusive words; nicknames, teasing and name calling; inappropriate and offensive ‘jokes’; personal threats and attacks; exclusion from workplace functions, social events and general conversations. Legal Overview

16. Are the following direct discrimination, indirect discrimination, or don’t legally 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’. Testing Your Knowledge

17. 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.

18. Any Questions?