How Do We Complete The Equality Duty Cycle, And What Is 'Positive Action'?

              

How Do We Complete The Equality Duty Cycle, And What Is 'Positive Action'?

Completing the equality duty cycle is crucial for ensuring that public organisations meet the diverse needs of different groups of people. This cycle isn't just a one-time task; it's an ongoing process that requires careful consideration and action. It involves checking how policies affect various groups, making necessary changes based on what is learned, and reviewing the results to comply with the Public Sector Equality Duty (PSED). One important aspect of this process is known as 'Positive Action.' This refers to legal measures specified in the Equality Act 2010 that help individuals with protected characteristics—such as age, disability, race, and gender—overcome disadvantages and improve their chances in the workplace or when accessing services.

How to Complete the Equality Duty Cycle

The Equality Duty is a continuing requirement, and it’s essential to approach it systematically. The Equality and Human Rights Commission (EHRC) has created a simple 10-step guide to help organisations apply these principles effectively:

• Define Your Policy: Start by clearly stating what your policy or decision aims to achieve. Explain the expected results and the reasons behind your initiative.
• Gather Evidence: Collect relevant information to understand how your proposed policy might impact people with protected characteristics. This step is vital for making informed decisions.
• Initial Screening: Conduct a preliminary check to determine whether the policy could affect the outcome. If it does, you need to perform a more detailed equality assessment. If it doesn’t seem to affect anyone, make a note to keep monitoring it for any future changes.
• Fill Evidence Gaps: If there are areas where you lack information, reach out to staff, service users, or other stakeholders. Hearing directly from those who might be affected can unveil potential impacts that data alone may miss.
• Assess Impact: With all the information collected, examine it to identify any negative impacts, such as discrimination or disadvantages, as well as any positive effects that may promote equality.
• Create an Action Plan: Outline steps to remove or mitigate any disadvantages identified in your analysis. This is an opportunity to include Positive Action measures to address any inequalities you've identified.
• Document Your Process: It's important to present all findings to decision-makers before finalising your decision. Keep a thorough record of everything, including the findings from your equality assessment, to ensure transparency and accountability.
• Monitor the Impact: After implementing the policy, continue collecting data to see if it works as intended and achieves the expected results. Ongoing monitoring helps you understand how the policy really affects people.
• Review Regularly: Update the policy regularly based on new data. This ensures it stays relevant and effective in addressing equality.
• Be Prepared to Adapt: Keep decision-makers informed about how the policy is performing and be ready to make changes based on feedback and new findings when necessary.

What is 'Positive Action'?

Positive action is a way for employers and service providers to help groups of people who might be overlooked or face disadvantages, allowing them to compete more fairly. Here's a simple breakdown of what positive action is and how it works:

• Voluntary Choice: While employers and service providers don’t have to carry out positive action, public sector organisations are encouraged to take these steps to meet their legal responsibilities.
• Legal Guidelines: Positive action is allowed under UK laws, specifically the Equality Act 2010. It must be done fairly and in a balanced way.
• Focused Help: These initiatives are designed to specifically support groups that are often underrepresented or face challenges in certain areas.
• Based on Evidence: Before starting any positive action, organisations need to believe there is a real issue or a lack of representation among certain groups.

Examples of Positive Action

• Targeted Job Ads: Employers may choose to place job advertisements in publications that reach mainly underrepresented groups or encourage applications from these groups to boost diversity.
• Training and Mentorship: Offering training programs or mentorship specifically for individuals from underrepresented backgrounds can help them grow professionally.
• Support Networks: Creating workplace groups focused on specific protected characteristics can foster a welcoming environment and promote inclusion.
• "Tie-Breaker" Rule: When two candidates are equally qualified for a job, employers can choose to hire the one from an underrepresented group. However, caution is needed, and this should only happen if the candidates really are on the same level.

What Positive Action is NOT

• Positive Discrimination: It's crucial to know that positive action is different from positive discrimination, which is generally not allowed in the UK. Here are some important differences:
• Unfair Practices: Hiring someone solely because of their background, without considering their skills, such as fixing a certain number of jobs for a specific group, is unfair and violates equality principles.
• Exceptions for Disabled Individuals: There are legal exceptions that allow giving preference to disabled individuals in job applications, emphasising the need to support them.

Understanding the Difference Between Equality Duty and Positive Action

• Public Sector Equality Duty (PSED): This is a legal obligation for public organisations to actively work to eliminate discrimination, promote equal opportunities, and encourage good relations between different groups.
• Positive Action: While PSED lays out the legal requirements, positive action provides practical ways for organisations to meet their obligations and make sure everyone has fair access to opportunities. and resources.