Compliance Notice for FE College

Nine public bodies are at risk of ending up in court for failing to provide evidence of a disability equality scheme, the Disability Rights Commission (DRC) said this week. The warning comes as the Commission issued compliance notices to each of the 9 organisations – the first formal step towards a court hearing.

Among those organisations that received compliance notices yesterday (Tuesday May 15) was at least one further education college.

Sir Bert Massie, chairman of the DRC, said, “The DRC has always had a preference for working with organisations to help change policies and services. The vast majority of public sector bodies have responded positively to the requirements of the duty, publishing schemes by last December’s deadline.

“The fact that some have not shows the importance of having strong legislation to promote the rights of disabled people; public bodies which persist in flouting the law can expect to be taken to court.”

Tackling Race Hate Activity in Workplaces

We should raise awareness of the policies and activities of racists and fascists in our communities. That was one of the messages to delegates attending the biennial conference of the General Federation of Trade Unions (GFTU), being held in Belfast this week. The conference gave full support to an ACM motion which also called for support in tackling race hate activities in workplaces.

Earlier this month the far right British National Party fielded a record number of candidates in local elections and made a net gain of one councillor. Although nowhere near the breakthrough that anti-racist campaigners had feared, the BNP remains very strong in some areas. Indeed, last year it took 39% of the vote in Barking and Dagenham, 33% in Sandwell and 30% in Burnley. This rise in support has led to concerns of possible racist activity on college premises.

Please look out for future guidance and advice from ACM on dealing with this and other hate activity.

End Discrimination says Epilepsy Action

Epilepsy Action has criticised the outdated attitudes of those UK employers who continue to discriminate against people with epilepsy, as part of a campaign launched to mark National Epilepsy Week (May 20-26).

The country’s leading epilepsy charity is demanding that company bosses confront their prejudices as figures show that unemployment rates among people with the condition are still unacceptably high. The Disability Rights Commission (DRC) has joined Epilepsy Action in condemning the behaviour of employers who discriminate against people with epilepsy, despite the fact that they have a huge amount to offer in the workplace. The campaign is supported by the Trades Union Congress (TUC).

Simon Wigglesworth, Epilepsy Action’s deputy chief executive, said: “Unemployment among disabled people is double the national average, and our findings suggest that the picture is even bleaker for people with epilepsy.”

Agnes Fletcher, director of policy and communications at the DRC, said: “Employers risk missing out on talent and commitment if they refuse to recruit people with epilepsy. If they try to sack or otherwise discriminate against someone with epilepsy, they can face legal action.”

Brendan Barber, general secretary of the TUC, said: “Employers continue to treat disabled people unfairly. Trade unions support this campaign to challenge prejudice and correct ignorance – and to remind bosses that the law requires them not to discriminate.”

Epilepsy Action has produced a series of resources as part of its campaign to improve employment opportunities for people with epilepsy, including two information booklets: ‘Employing people with epilepsy’ and ‘Work and epilepsy: an employee’s guide’. Copies can be downloaded from the Epilepsy Action website.

Commission Launched For Staff With Disabilities

A Commission examining the recruitment, training, deployment and career progression of disabled staff in lifelong learning in England and Wales has been officially launched today - Wednesday 9th May 2007.

The Commission of Disabled Staff in Lifelong Learning is led by NIACE (National Institute of Adult Continuing Education) and is chaired by Leisha Fullick, Pro Director at the Institute of Education, University of London. The Commission has members from across the lifelong learning sector, including the DfES, the LSC, unions and other representatives from higher, further and adult education.

Evidence will also be collected and reviewed from disabled staff, senior managers and HR departments, training providers, professional and advocacy organisations and government. This evidence will help identify improvements needed, acknowledge the impacts disabled staff have and the achievements of learners as a result of disabled staff and examine the position of disabled staff in the wider policy context.

Recommendations will be made to policy makers, funders, employers and training providers. Guides on recruitment, retention and achievements of disabled staff will also be produced.

Hope Not Hate

There are local government, Scottish Parliament and Welsh Assembly elections tomorrow throughout much of the country. For a variety of different reasons, many people will not bother to vote. However, apathy and disillusionment can be a big comfort to those who have a more sinister message. The BNP is standing 878 candidates across the UK. We know that the majority of people do not subscribe to the BNP’s politics of hate but this means nothing if people do not get out and vote.

Searchlight magazine has teamed up with the Daily Mirror for the Hope Not Hate Tour (the subject of an earlier post on this blog) . For more information about the real nature of the BNP please follow this link.

Talents Squandered Say EOC

On Monday the Joseph Rowntree Foundation published new research on poverty and minority ethnic groups, which shows that despite a rapid growth in Pakistani and Bangladeshi women going to university, they suffer high unemployment and are much less likely than Indian or white British women to be in professional or managerial jobs.

In response, Jenny Watson, Chair of the Equal Opportunities Commission (EOC) said:

“This research reinforces the EOC’s own investigation which shows that the talents and skills of young Pakistani and Bangladeshi women are being squandered. Despite investing in their education and having the support of their families, women often face outdated stereotypes at work - such as the belief that they will be forced to leave work by their families if they have children.

These perceptions are entirely at odds with the expectations of young women today. The EOC is urging Britain’s employers and policy makers to follow the lead of forward thinking employers who have started to develop cultural intelligence at work, getting the best from all their staff, whatever their background.”

Disability Commission’s Warning

The Disability Rights Commission (DRC) is putting organisations from across the public sector on notice after publishing the names of more than 60 public authorities which have failed to produce a disability equality scheme, despite a deadline of December last year and subsequent warning letters from the Commission.

Local councils, colleges, universities, health trusts, museums, fire departments and Channel 4 Television are among those to whom the Commission wrote to at the beginning of March, but many have still not provided any evidence that the required scheme is in place.

By law a disability equality scheme must include a statement of how disabled people have been involved in developing the scheme, arrangements for gathering information, details of how information gathered will be used, and an action plan detailing the steps that are going to be taken to meet the general duty to promote equality of opportunity. More information about the duties of colleges and disability equality schemes can be found on the FE pages of the DRC website.

EAT Ruling On Religious Discrimination

The Employment Appeal Tribunal (EAT) recently rejected an appeal in the religious discrimination case brought by Mrs Azmi, a bilingual support worker in Dewsbury who was suspended after she refused to obey an instruction not to wear a full-face veil in the classroom. In October last year a tribunal ruled that the school’s actions did not amount to discrimination on the grounds of her religious belief

However, the EAT decision should not be seen by unscrupulous employers as a green light to start banning veils and other clothing worn as a result of religious belief. Indeed, the employer’s grounds related specifically to Mrs. Azmi’s role in the classroom and her ability to communicate with the pupils. Although the EAT agreed that the school’s instruction that she remove her veil was indirect discrimination, it was considered “proportionate in support of a legitimate aim” and therefore lawful. (Azmi v Kirklees Metropolitan Borough Council, EAT, 30 March 2007).

Changes to Religion and Belief Discrimination

Changes in the law on discrimination against individuals on grounds of religion or belief take effect on 6 April. They are being introduced as a result of the Equality Act 2006. The key changes are as follows:

• It will be unlawful to discriminate in the provision of goods and services, including education, use of facilities and premises, and the exercise of public functions.
• It will be unlawful to discriminate against someone because they are a non-believer
• It will be unlawful to discriminate against someone because of their association with a person of a particular religion or belief.

The legal definition has also changed slightly so that “belief” now means any religious or philosophical belief. This widening of the term may cause some problems. Although it is not intended to cover political beliefs, the legislation did not specifically say as such. This means that where previously it was lawful, for example, to dismiss an employee for being active in an extremist group like the BNP, this might not continue to be the case. We will have to see how the Employment Appeals Tribunal interprets this definition.

Gender Equality Duty Takes Effect

The Gender Equality Duty comes into force in April 2007. All public authorities in England, Wales and Scotland, including colleges, must demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment. This includes publishing a gender equality scheme by the end of April. To help organisations, the Equal Opportunities Commission has set up an online guide.

Guidance has also been incorporated into the forthcoming NJF Agreement in England on Gender Equality.

Disabled Student Awarded Compensation

A disabled student, denied the right to access the stage to receive a symbolic handshake in his graduation ceremony, has been awarded £4,000 for injury to feelings against Canterbury Christ Church University.

In one of the first higher education cases under the education provisions of the Disability Discrimination Act (DDA) to be decided in court, the landmark ruling was supported by the Disability Rights Commission (DRC).

Craig Potter, 28, from Kent, and a wheelchair user, graduated in 2004 at a ceremony at Canterbury Cathedral. While other students were able to receive a handshake on the dais from the Chairman of Governors, Craig had to be content with a mere greeting at the bottom of the steps instead because no ramp was provided to allow access to the stage.

HOPE Not Hate Tour

To reflect Britain’s diversity, Searchlight, the anti-fascist magazine, is organising a HOPE not Hate tour of the country. Sponsored by the Daily Mirror, an old Routemaster bus set off from London on 24 March and will finish its journey in Glasgow on Friday 6 April. It will travel the width and breadth of Britain and will be a celebration of the rich tapestry that makes up our country. It aims to stop in over 30 places where local activities will be organised and local traditions celebrated.

Britain is, warts and all, a great multicultural society and this needs defending and promoting - now more than ever. Linking up with a steel band in the West Midlands and a brass band in Wakefield, a mothers and tots group in Keighley, to footballers in Newcastle, the HOPE not Hate tour will honour the different regional, racial and religious elements that make up Britain.

You will be able to follow the tour - by a blog and video extracts - through the website HOPEnothate between 24 March and 7 April.