Equality Analysis and Equality Act 2010

1. Equality Analysisand Equality Act 2010 The change in terminology from impact assessments to impact analysis is to emphasis and focus on the quality of the analysis and not on production of documents which sometimes have been taken to be an end in itself.

2. Objectives • At the end of this session you will be able to: • Define Equality Impact Assessment (EIA) • State why it is important to undertake EIA • Understand the stages/process/timescales for conducting EIA • Conduct Equality Impact Assessment

3. What is an Equality Impact Assessment? Thorough and systematic analysis of the following: -Policies -Projects -Strategy to find out their impact (either positive or negative) on particular group or groups or protected characteristic(s) (

4. Why Equality Impact Assessments • Equality analysis or EIAs are useful ways of making sure our policies and practices do not discriminate against anyone. • Not carrying out EIAs may mean we are not paying due regard to the general equality duty. • An effective EIA should involve a meaningful assessment of the impact of a policy or practice on equality • The more robust the process of conducting an EIA, the greater the legal cover afforded to an organisation if the EIA is challenged or if the HEI seeks to rely on the EIA in a legal case. • Not all EIAs will require the same level of staff time and resources.

5. Why Equality Impact Assessments Cont… To ensure we comply with public sector equality duty as set out by the Equality Act 2010: General equality duty: • eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; • advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; • foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

6. Why Equality Impact Assessments (Cont) • Equality analysis will help us to consider the likely effect of a policy on protected groups. • It shows we have given proper consideration to equality in writing or reviewing the policy. • To minimise disadvantages that some protected groups may experience in an organisation

7. The Protected Characteristicsof the Equality Act 2010 MARRIAGE & CIVIL PARTNERHSIP RELIGION / BELIEF or NON-BELIEF AGE SEXUAL ORIENTATION PROTECTED CHARACTERISTICS (9) SEX GENDER REASSIGNMENT PREGNANCY & MATERNITY DISABILITY RACE

8. When do we conductEquality Impact Assessment? • When we are introducing a new policy, strategy or project • When we intend to revise an existing policy, strategy or project, or criterion

9. Step by step guide to EqualityAssessments • Step 1 – identify who is responsible for the policy – to ensure proper ownership is maintained and the result of the EIA inform policy development • Step 2 – what is the purpose of the policy • Step 3 – check the relevance of the policy to equality issues ( in this check, you must make sure you cover all protected characteristics • Step 4 – in checking relevance ask yourself some questions. e.g: - does the policy affect students, staff, or the wider community, and if yes it is equality relevant? - could the policy affect some protected groups differently?

10. Step by step guide to EqualityAnalysis • If you decide that a policy is not relevant to equality, you will need to document your reasons for this in case of any legal challenge • Who is intended to benefit from the policy • consider how the aims of the policy relate to equality • which stakeholder or group can you usefully engage with in analysing the policy • Why is the policy needed • What will happen or not happen if the policy stays like this • Remember equality analysis not just to remove a negative effect or discrimination, it is to assist with advancing equality of opportunity.

11. Step by step guide to EqualityAnalysis Step 5 - bringing all these information together will assist you with making a judgment about the policy The information will assist you to arrive at one of these 4 decisions: • No major change • Adjust the policy • Continue the policy • Stop and remove the policy

12. The EIA and Restructure Activities • As each restructuring exercise will be different – HEIs may develop procedures for restructuring on an ad hoc basis, building on their experience of previous restructuring exercises • An EIA will need to be carried out during the development of each restructuring exercise. • Workforce composition in the areas that are likely to be included in restructuring should be analysed to establish whether certain groups of staff will be disproportionately affected by the proposals and if so, whether alternative options are viable.

13. The EIA and Restructure Activitiescont… • An EIA on a formal restructure procedures should include an analysis of the impact of the procedure on the dept ability to meet the requirements of the equality duty. For example: How will staff from protected characteristics e.g. disabled staff, women, etc, be involved in the process. e.g. through open consultation? • Is it clear that disabled staff who are redeployed will be entitled to different reasonable adjustments if required? • How will staff on maternity leave be informed about the process and represented during the restructure process?

14. The Equality Act 2010 • From April 2010, as a nation, we now have a Single Equality Duty which require education institutions to eliminate any form of discrimination. • The Act introduced nine protected characteristics thus offering protection for everyone. • The Act consolidates, simplifies and expands existing discrimination laws. • The Act replaces all existing equality legislation.