9 October 2006

The statutory duty for public authorities to promote race equality was introduced in 2001 and has been extended to other public sector bodies last week under the Race Relations Act 1976 (General Statutory Duty) Order 2006 and the Race Relations Act 1976 (Statutory Duties) Order 2006.

The "Racial Equality Duty" is a general duty on those organisations listed to eliminate unlawful discrimination and to promote good relations between people of different racial groups. In addition, all public authorities have specific duties including an employment duty, which requires the monitoring of certain employment practices by racial groups. Whilst it may appear that private sector employers are unaffected, those carrying out a public function on behalf of a public authority may be required to provide the employment monitoring information as part of their contract to deliver the services.

The Racial Equality Duty is just the first step towards providing fair and accessible services and improving equal opportunities in employment in the public sector. In December 2006 the Disability Equality Duty will come into force with the aim of eliminating disability discrimination and promoting positive attitudes towards disabled persons. This will be followed in April 2007 by the Gender Equality Duty to eliminate sex discrimination and promote equality of opportunity between men and women.

In response to this challenge, and to ensure they meet their obligations, many public sector employers are providing equal opportunities training for all staff responsible for the development and delivery of their services. Although the private sector may not have the same impetus, it is clear that all employers have a duty not to unlawfully discriminate. In the event of a direct discrimination claim the only defence available to the employer is to demonstrate that all reasonable steps had been taken to prevent the discrimination from occurring. Having an equal opportunities policy, and training staff on their responsibilities under it, is a key step in this defence.

The need for staff training in this area was also highlighted recently in the case of Martin v Parkam Foods Limited. In this case, Mr Martin had made a number of complaints about offensive and homophobic graffiti and other offensive remarks about his sexuality before resigning. The employer had responded by putting up notices warning against graffiti in general but also admitted that there was little more they could do, as they would probably not find out who had been responsible. The tribunal took the view that the investigation into the grievance was inadequate and the employer’s response had failed to address the homophobia which existed and had not ensured Mr Martin’s dignity at work. The tribunal upheld the claims of discrimination on the grounds of sexual orientation and constructive dismissal, stating that in this case the employer had not seriously challenged any workers' preconceptions or prejudices against homosexuality. The tribunal suggested:

• "more firm instruction to all employees was necessary in the way of further training,
• team briefings,
• ad hoc meetings, or
• notes put in payslips,

so that each individual was left in no doubt that the company would treat homophobia extremely seriously and that the perpetrators were at risk of dismissal."

The law is a compelling reason for practising and promoting equal opportunities in the workplace and it can often be the main driver for organisations. However there are other benefits to the business including:

• The fair treatment of employees can improve morale and lead to a reduction in staff absence and attrition
• Providing a wider pool of potential staff for selection in an increasingly diverse and competitive labour market
• Recruitment decisions based on the skills and abilities required are more likely to result in the appointment of quality staff who can achieve the business objectives
• Creating a good reputation for the company which will help to attract candidates and new business, particularly where equality policies are taken into account when awarding contracts
• A diverse workforce which reflects society can be better placed to anticipate and respond to the needs of its customers

When putting together a training session consider highlighting these benefits to help employees understand why the organisation is committed to equal opportunities. Using statistics can also correct assumptions made about the make up of the population and the workforce. It is important that delegates come away with an understanding of the law and their obligations but value can also be added by encouraging a debate on the wider context and looking at our inner values, beliefs and attitudes.

Discussions such as this can sometimes bring about real in-sight and understanding leading to a change in behaviour. Some people will find it hard to talk about sensitive and potentially emotional issues so consider using a fictional case study which parallels reality to encourage an open discussion, which you can gradually move into the real world. As a facilitator makes sure you are prepared to deal with any effects on the group the discussion may have. It is possible that acts of discrimination or harassment will come to light and it is worth having a co-presenter in the event that you need to attend to an individual who is emotional.

Overcoming prejudice is about changing attitudes which only the individual can change. However, it is important to remember that employers can support this process by educating and challenging the views of staff and can bring about behavioural change through the enforcement of their equal opportunity and diversity policies.