{"ask-the-expert":{"acc":{"entries":"Select a question to ask the expert."},"entries":{"entry001":{"question":"Is it OK to treat under-represented protected groups preferentially in order to boost their numbers?","keywords":"discrimina.* positive.* recruit.* selection favour.*","answer":["<p>This would normally be regarded as positive discrimination, which is unlawful. However, there are a few exceptions:</p>","<ul>","<li>Organisations can lawfully take a range of measures to encourage applications from under-represented protected groups. This is known as “positive action” and might include:</li>","<ul>","<li>Providing training to people to enable them to compete for certain jobs.</li>","<li>Targeting advertising at certain groups.</li>","<li>Providing awareness days for under-represented groups, for example, disabled people.</li>","</ul>","<li>In one specific circumstance, positive action can also be lawfully extended to recruitment and promotion decisions. That’s when two or more candidates are of equal merit and can’t be separated on any job-related grounds. In this situation, the fact that one candidate is from an under-represented protected group can be the ‘tipping point’ that justifies their selection.</li>","<li>Finally, when it comes to disability, the law specifically requires organisations to make any “reasonable adjustments” possible in order to prevent disabled people from being substantially disadvantaged, e.g. excluded from a particular job or service.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry002' class='ask-the-expert'></a></li>","<li><a data-id='entry003' class='ask-the-expert'></a></li>","<li><a data-id='entry016' class='ask-the-expert'></a></li>","</ul>"]},"entry002":{"question":"What’s the difference between positive action and positive discrimination?","keywords":"discrimina.* positive.* action recruit.* selection","answer":["<p>Positive action encompasses any lawful measures that an organisation takes in order to encourage applications from under-represented protected groups. Examples might include:</p>","<ul>","<li>Providing training to people to enable them to compete for certain jobs.</li>","<li>Targeting advertising at certain groups.</li>","<li>Providing awareness days for under-represented groups, for example, disabled people.</li>","</ul>","<p>Positive discrimination, on the other hand, goes a step beyond positive action and involves actually selecting candidates because they’re from under-represented protected groups. An example would be an employer who chooses to recruit a black candidate purely to boost the representation of black people. Unlike positive action, positive discrimination is nearly always unlawful.</p>","<p>The line between positive action and positive discrimination has become a little blurred since the introduction of the Equality Act. Under the Act, there’s now one specific circumstance in which under-represented groups can be favoured in recruitment and promotion decisions. That’s when two or more candidates are of equal merit and can’t be separated on any job-related grounds. In this situation, the fact that one candidate is from an under-represented protected group can be the ‘tipping point’ that justifies their selection. This is known as taking positive action in recruitment and promotion.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry001' class='ask-the-expert'></a></li>","<li><a data-id='entry003' class='ask-the-expert'></a></li>","<li><a data-id='entry004' class='ask-the-expert'></a></li>","</ul>"]},"entry003":{"question":"Are organisations legally required to take positive action?","keywords":"positive.* action recruit.* selection","answer":["<p>There’s no legal requirement, so organisations are free to choose what positive action they wish to take, if any. That said, most organisations now recognise the benefits that a diverse workforce can offer and voluntarily take a range of positive action measures.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry001' class='ask-the-expert'></a></li>","<li><a data-id='entry002' class='ask-the-expert'></a></li>","<li><a data-id='entry004' class='ask-the-expert'></a></li>","</ul>"]},"entry004":{"question":"What is the Disability Confident scheme?","keywords":"disabled disabilit.* impair.* two tick.*","answer":["<p>Disability Confident is a voluntary government scheme that aims to encourage employers to recruit, retain and develop disabled staff. It replaces the previous Two Ticks scheme. The scheme has three levels, which require progressively greater levels of commitment from employers. For level 1, employers must, as a minimum:</p>","<ul>","<li>Ensure their recruitment process is inclusive and accessible, for example by providing information in alternative formats.</li>","<li>Communicate and promote vacancies to disabled people, to encourage applications from them.</li>","<li>Offer an interview to any disabled applicants who meet the essential/minimum criteria defined for the role.</li>","<li>Anticipate and provide reasonable adjustments as required, to ensure disabled people aren't seriously disadvantaged when applying for and doing their jobs.</li>","<li>Support existing employees who acquire a disability or long term health condition, to enable them to stay in work.</li>","<li>Take action to make a difference for disabled people, by offering them at least one of the following:</li>","<ul>","<li>Work experience</li>","<li>Work trials</li>","<li>Paid employment</li>","<li>Apprenticeships</li>","<li>Job shadowing opportunities</li>","</ul>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry005' class='ask-the-expert'></a></li>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","<li><a data-id='entry002' class='ask-the-expert'></a></li>","</ul>"]},"entry005":{"question":"What effect does the Disability Confident scheme have on recruitment and selection?","keywords":"disabled disabilit.* impair.* two tick.* recruit.* select.*","answer":["<p>Disability Confident accreditation includes a commitment to interview all disabled applicants who meet the essential/minimum criteria defined for the role. However, the final selection must still be made on the applicants’ abilities.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry004' class='ask-the-expert'></a></li>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","<li><a data-id='entry002' class='ask-the-expert'></a></li>","<li><a data-id='entry010' class='ask-the-expert'></a></li>","</ul>"]},"entry006":{"question":"What are reasonable adjustments?","keywords":"reasonab.* adjust.* disabled disabilit.* impair.*","answer":["<p>Under the Equality Act, organisations must make any “reasonable adjustments” possible in order to prevent disabled people from being substantially disadvantaged. These might include:</p>","<ul>","<li>Making adjustments to premises (e.g. widening doorways, fitting ramps).</li>","<li>Reallocating some of the work/part of the job to someone else.</li>","<li>Transferring the disabled staff member to another post or another place of work.</li>","<li>Being flexible about hours or place of work.</li>","<li>Providing additional training.</li>","<li>Using modified equipment, supplying special equipment or modifying existing equipment.</li>","<li>Making instructions and manuals more accessible.</li>","<li>Providing a reader or interpreter.</li>","<li>Providing adequate/additional supervision.</li>","</ul>","<p>The law doesn't define what can be considered “reasonable”, so it's down to employers to assess whether a particular adjustment is realistically viable. This will typically involve weighing up a range of factors, including:</p>","<ul>","<li>The cost involved in making the adjustment.</li>","<li>The level of benefit delivered by the adjustment.</li>","<li>The impact of the adjustment on other people.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry007' class='ask-the-expert'></a></li>","<li><a data-id='entry004' class='ask-the-expert'></a></li>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","</ul>"]},"entry007":{"question":"Who pays for reasonable adjustments?","keywords":"reasonab.* adjust.* disabled disabilit.* impair.* pay.* cost.* price","answer":["<p>Many reasonable adjustments just require flexibility in working practices, and don’t incur a direct cost. Where there are costs, speak to your line manager or HR about funding options and arrangements.</p>","<p>The law specifically states that disabled people shouldn’t have to pay for any reasonable adjustments that are made for them.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry006' class='ask-the-expert'></a></li>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","</ul>"]},"entry008":{"question":"When can an organisation be held vicariously liable for the actions of individual employees?","keywords":"vicario.* liab.* discrimina.* haras.* victim.* responsib.* organisation company employer","answer":["<p>Organisations can be held vicariously liable for the actions or omissions of individual employees when they fail to take reasonable steps to prevent such acts or omissions from occurring. “Reasonable steps” might include:</p>","<ul>","<li>Developing and distributing up-to-date policies and guidelines.</li>","<li>Defining robust work processes and procedures, e.g. for short-listing candidates.</li>","<li>Putting in place support mechanisms for staff, so that any issues can be handled and resolved internally.</li>","<li>Providing relevant information and training to staff.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","</ul>"]},"entry009":{"question":"Does equality legislation apply to work events and functions, such as Christmas parties?","keywords":"party parties team build.* event.* function.* christmas xmas out.* work.*","answer":["<p>Yes, any event organised through work is covered by equality legislation, even if the event itself occurs outside the workplace and outside normal working hours.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","</ul>"]},"entry010":{"question":"Can candidates be asked health related questions as part of the recruitment and selection process?","keywords":"disabled disabilit.* impair.* two tick.* recruit.* select.* health","answer":["<p>It’s unlawful to ask candidates health related questions before making a job offer, unless this is done with the purpose of:</p>","<ul>","<li>Finding out whether any reasonable adjustments need to be made during the recruitment process (for example, special arrangements for the interview).</li>","<li>Establishing if the applicant will be able to perform essential parts of the job (for example, heavy lifting).</li>","<li>Finding out if the job applicant has a particular disability which is a requirement of the job.</li>","<li>Taking positive action in order to assist a disabled person (where this is allowed by other legislation)</li>","<li>Monitoring the diversity of applicants.</li>","</ul>","<p>Note that the burden of proof now lies with the employer. So, if a candidate is rejected after having been asked health related questions, a tribunal will assume they’ve been discriminated against unless the employer can prove otherwise.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry006' class='ask-the-expert'></a></li>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","</ul>"]},"entry011":{"question":"What is discrimination by association?","keywords":"discrimina.* accociat.* relation.* care.*","answer":["<p>This is when someone is discriminated against because they associate with a person or group with a particular protected characteristic. An example would be overlooking someone for promotion because they care for a disabled relative.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry015' class='ask-the-expert'></a></li>","</ul>"]},"entry012":{"question":"What is discrimination by perception?","keywords":"discrimina.* perception perceive.* appear.*","answer":["<p>This is when someone is discriminated against because they’re thought to have a protected characteristic, even though they don’t actually have it. An example would be turning down a candidate for a job because they’re thought to be gay.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry015' class='ask-the-expert'></a></li>","</ul>"]},"entry013":{"question":"What are protected characteristics?","keywords":"protected characteristic.* discrimina.* haras.*","answer":["<p>It’s unlawful for anyone to be treated less favourably on grounds of certain characteristics, known as protected characteristics. The Equality Act defines nine protected characteristics:</p>","<ul>","<li>Age</li>","<li>Disability</li>","<li>Gender reassignment</li>","<li>Marriage or civil partnership</li>","<li>Pregnancy or maternity</li>","<li>Race</li>","<li>Religion or belief</li>","<li>Sex</li>","<li>Sexual orientation</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","<li><a data-id='entry021' class='ask-the-expert'></a></li>","<li><a data-id='entry022' class='ask-the-expert'></a></li>","<li><a data-id='entry019' class='ask-the-expert'></a></li>","<li><a data-id='entry023' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","</ul>"]},"entry014":{"question":"What is “less favourable treatment”?","keywords":"discrimina.* haras.* victimis.* favour.* unfavour.* disadvantag.* unfair treat.*","answer":["<p>In legal terms, “less favourable treatment” can take four main forms:</p>","<ul>","<li><strong>Direct discrimination</strong><br/>Less favourable treatment because of one or more protected characteristics (race, disability, sex, etc).</li>","<li><strong>Indirect discrimination</strong><br/>Provisions, criteria, policies, rules and practices that apply to everyone, but inadvertently and unnecessarily disadvantage people with a protected characteristic.</li>","<li><strong>Harassment</strong><br/>Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment.</li>","<li><strong>Victimisation</strong><br/>Detrimental treatment because a person has made, or intends to make, a complaint or enquiry about an equality matter, or support such a complaint or enquiry.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","<li><a data-id='entry016' class='ask-the-expert'></a></li>","<li><a data-id='entry017' class='ask-the-expert'></a></li>","</ul>"]},"entry015":{"question":"What’s the legal basis for deciding if someone has been discriminated against?","keywords":"discrimina.* compar.*","answer":["<p>Proving that someone has been discriminated against involves demonstrating that they’ve been treated less favourably in comparison with another person, known as “the comparator”.</p>","<p>Choosing a suitable comparator can be involved, but in essence it’s about identifying someone who’s as similar as possible to the claimant in all relevant respects – abilities, experience, qualifications, etc – but who does not have the claimant’s protected characteristic. So, for example:</p>","<ul>","<li>In claims of racial discrimination, the comparator would have a different colour, nationality, ethnic origin or national origin.</li>","<li>In claims of sex discrimination the comparator would be a member of the opposite sex.</li>","<li>In claims of disability discrimination the comparator would be someone without the claimant’s disability.</li>","</ul>","<p>The comparator should ideally be a real person but, if this isn’t possible, can be a hypothetical person.</p>","<p>If it’s demonstrated that the claimant is being treated less favourably than the comparator, the implication is that this must be on grounds of their protected characteristic, since this is the only real difference between the two people. The burden of proof then falls on the defendant, who must prove that this is not the case, or else be found liable for unlawful discrimination.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry016' class='ask-the-expert'></a></li>","<li><a data-id='entry017' class='ask-the-expert'></a></li>","</ul>"]},"entry016":{"question":"Under what circumstances can direct discrimination be justified?","keywords":"discrimina.* direct","answer":["<p>Direct discrimination is when a person is treated less favourably directly because they:</p>","<ul>","<li>Have a protected characteristic, OR</li>","<li>Are thought to have a protected characteristic (even if they don’t actually have it), OR</li>","<li>Associate with someone who has a protected characteristic.</li>","</ul>","<p>While direct discrimination is normally unlawful, there are two important exceptions to this:</p>","<ul>","<li>Some roles may have vital physical requirements that exclude some people. For example, it simply wouldn’t be possible for a person with a serious physical disability to be considered for the role of an active fire fighter.</li>","<li>Some roles may have occupational requirements that make it unrealistic for certain people to fulfil them. For example, a women’s refuge might lawfully be able to exclude male candidates from at least some roles. That’s because the nature of the work carried out in a women’s refuge makes being a woman a requirement for certain jobs.</li>","</ul>","<p>Of course, the danger with occupational requirements is that unscrupulous employers can use them falsely to discriminate against particular groups of people. To help prevent this from happening, they’re always open to challenge, in which case the burden of proof lies with the employer, who must produce evidence to justify them.</p>","<p>In addition to the above, direct age discrimination can be justified if the discrimination amounts to a proportionate means of achieving a legitimate aim. Compulsory retirement ages for pilots can, for example, be justified on health and safety grounds.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry015' class='ask-the-expert'></a></li>","<li><a data-id='entry017' class='ask-the-expert'></a></li>","</ul>"]},"entry017":{"question":"Under what circumstances can indirect discrimination be justified?","keywords":"discrimina.* indirect","answer":["<p>Indirect discrimination is when provisions, criteria, policies, rules and practices that apply to everyone, inadvertently and unnecessarily disadvantage people with a protected characteristic.</p>","<p>Indirect discrimination can only be legally justified when it can be clearly shown to be a proportionate means of achieving a legitimate aim. Here’s an example to illustrate what this means in practice…</p>","<p>A large university will have to schedule lectures and seminars for thousands of students, with the legitimate aim of allocating resources fairly and ensuring everyone has the best possible educational experience. But of course, given the number of students and courses involved, it’s almost inevitable that at least some timetables will clash with the religious observances of certain faiths. And that amounts to indirect discrimination.</p>","<p>In this sort of situation, though, the university’s actions are unlikely to be regarded as unlawful. That’s because it simply wouldn’t be possible to offer individual timetables to each and every student who asked for one. So, providing the university takes reasonable steps to minimise any issues, its actions can be objectively justified as a proportionate means of achieving a legitimate aim.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry015' class='ask-the-expert'></a></li>","<li><a data-id='entry016' class='ask-the-expert'></a></li>","</ul>"]},"entry018":{"question":"What’s the legal basis for determining whether someone is disabled?","keywords":"disabled disabilit.* impair.*","answer":["<p>Disability is one the protected characteristics covered by the Equality Act. The Act defines disability as: “A physical or mental impairment… [which] has a substantial and long-term adverse effect on [a person’s] ability to carry out normal day-to-day activities.”</p>","<p>To apply this definition in practice, you need to understand each of its key elements…</p>","<p><strong>Impairment</strong></p>","<p>This is a physical or mental condition which impairs a person. Examples include:</p>","<ul>","<li>Any physical or mental impairments produced by injury to the body or brain.</li>","<li>Sensory impairments, such as those affecting sight or hearing.</li>","<li>Impairments with fluctuating or recurring effects such as rheumatoid arthritis, myalgic encephalitis (ME)/chronic fatigue syndrome (CFS), fibromyalgia, depression and epilepsy.</li>","<li>Progressive conditions (conditions that get worse over time) such as motor neurone disease, muscular dystrophy, forms of dementia and lupus (SLE).</li>","<li>Diseases such as cancer, HIV infection or multiple sclerosis (MS).</li>","<li>Organ-specific impairments, including respiratory conditions, such as asthma, and cardiovascular diseases, including thrombosis, stroke and heart disease.</li>","<li>Developmental impairments, such as autistic spectrum disorders (ASD), dyslexia and dyspraxia.</li>","<li>Learning difficulties.</li>","<li>Mental health conditions and mental illnesses, such as depression, schizophrenia, eating disorders, bipolar affective disorders, obsessive compulsive disorders, as well as personality disorders and some self-harming behaviour.</li>","<li>Severe disfigurements, which could take the form of scars, birthmarks, limb or postural deformation (including restricted bodily development), or diseases of the skin.</li>","</ul>","<p>While the Act has a broad scope, certain conditions are <strong>not</strong> regarded as impairments. These include:</p>","<ul>","<li>Addiction to, or dependency on, alcohol, nicotine, or any other substance, other than in consequence of the substance being medically prescribed.</li>","<li>The condition known as seasonal allergic rhinitis (e.g. hay fever), except where it aggravates the effect of another condition.</li>","</ul>","<p><strong>Substantial</strong></p>","<p>It needs to be demonstrated that the impact of an impairment is substantial – i.e. more than minor or trivial – in order to qualify as a disability. So, for example, someone who’s a bit long-sighted and needs to wear glasses to read wouldn’t be regarded as disabled. However, someone with a visual impairment that prevented them from driving or getting around without assistance or support would be regarded as disabled.</p>","<p>The substantial rule applies to most impairments, but there are some exceptions:</p>","<ul>","<li>In the case of a severe disfigurement, there’s no requirement to demonstrate a substantial adverse effect. Assessing the severity of a disfigurement involves considering factors such as the nature, size, prominence and location of the disfigurement.</li>","<li>The law states that anyone who has cancer, HIV infection or multiple sclerosis (MS) is a disabled person from the point at which they are diagnosed.</li>","</ul>","<p><strong>Long-term</strong></p>","<p>In legal terms, an impairment is long-term when it has lasted, or is likely to last, at least 12 months. This includes impairments which are likely to last the whole of a person’s life.</p>","<p><strong>Normal day-to-day activities</strong></p>","<p>While the law doesn’t define “normal day-to-day activity”, it’s taken to encompass all the things most people do on a regular or daily basis. Examples include:</p>","<ul>","<li>Shopping.</li>","<li>Reading and writing.</li>","<li>Having a conversation or using the telephone.</li>","<li>Watching television.</li>","<li>Getting washed and dressed.</li>","<li>Preparing and eating food.</li>","<li>Carrying out household tasks.</li>","<li>Walking and travelling by various forms of transport.</li>","<li>Taking part in social activities.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry006' class='ask-the-expert'></a></li>","<li><a data-id='entry030' class='ask-the-expert'></a></li>","</ul>"]},"entry019":{"question":"How does the law define “race”?","keywords":"race raci.* ethnic nation.* caste countr.* origin gyps.* traveller.*","answer":["<p>Race is one of the protected characteristics covered by the Equality Act. The Act defines race as any group of people who share a common:</p>","<ul>","<li>colour,</li>","<li>nationality,</li>","<li>ethnic origin,</li>","<li>or national origin.</li>","</ul>","<p>Several Gypsy and Traveller groups are recognised as racial groups, including:</p>","<ul>","<li>Romany Gypsies.</li>","<li>Irish Travellers.</li>","<li>Scottish Gypsy Travellers.</li>","</ul>","<p>What’s more, it’s now been established that caste can be legally considered an aspect of race.</p>","<p>There’s sometimes an overlap between race and religion, which means some religious groups – such as Sikhs and Jews – are also legally recognised as racial groups.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry023' class='ask-the-expert'></a></li>","</ul>"]},"entry020":{"question":"Are Gypsies and Travellers protected by equality legislation?","keywords":"gyps.* traveller.*","answer":["<p>Several Gypsy and Traveller groups are recognised as racial groups, so are protected by equality legislation. These include:</p>","<ul>","<li>Romany Gypsies.</li>","<li>Irish Travellers.</li>","<li>Scottish Gypsy Travellers.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry019' class='ask-the-expert'></a></li>","</ul>"]},"entry021":{"question":"What is gender reassignment?","keywords":"gender reassign.* trans.*","answer":["<p>Gender reassignment is a process by which a person's gender expression – in other words, the way they appear to others – is changed. People who change their gender in this way are often referred to as trans, transgender or transsexual.</p>","<p>Gender reassignment can, but does not need to, involve medical procedures – so, for example, it would apply to a person who was assigned the female sex at birth, but who lives their life as a man, even if no medical procedures are involved.</p>","<p>Gender reassignment is a protected characteristic and it’s unlawful to treat anyone less favourably because they’re planning, or have started or completed, to change their gender expression.</p>","<p>It’s important to understand that gender reassignment is distinct from the protected characteristic of sex. Under the Gender Recognition Act 2004, a trans person must obtain a Gender Recognition Certificate (GRC) in order to change the sex assigned to them at birth. Without this, their legal sex remains the one assigned to them at birth.</p>","<p>Under s.22 of the Gender Recognition Act, it can constitute a criminal act if information relating to a person’s application for, or acquisition of, a GRC is disclosed without the trans person’s consent. This especially relates to HR staff handling personnel records.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry031' class='ask-the-expert'></a></li>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","</ul>"]},"entry022":{"question":"What legal protection does the Equality Act offer people who are pregnant?","keywords":"pregnan.* matern.*","answer":["<p>Pregnancy is one of the protected characteristics covered by the Equality Act. The Act protects all pregnant people from being treated unfavourably on grounds of pregnancy or maternity, even if they don’t identify as female.</p>","<p>In an employment context, this protection extends throughout the period of the pregnancy and any statutory maternity leave, and it’s unlawful for someone to be given less favourable terms of employment on returning to work after taking statutory maternity leave.</p>","<p>But pregnancy and maternity protections don’t just apply in the workplace. So, for example, it would be unlawful for a café to ask a person to leave because they’re breast-feeding, or for a school to prevent a pupil from sitting an exam because they’re pregnant. These protections apply throughout pregnancy and for a period of 26 weeks following birth.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","</ul>"]},"entry023":{"question":"What is the legal definition of religion or belief?","keywords":"religio.* belief.*","answer":["<p>The Equality Act defines religion or belief as any religion, religious or philosophical belief or lack of belief.</p>","<p>Under the Act, religion or belief is a protected characteristic. This means it’s unlawful to treat anyone less favourably because they hold, or don’t hold, a particular religion or belief. A key point here is that the law doesn’t just apply to religious beliefs: it also applies to non-religious philosophical beliefs, such as humanism and atheism. In fact, any belief that underpins a person’s outlook and life – for example, environmentalism – may be covered.</p>","<p>There’s sometimes an overlap between race and religion, which means some religious groups – such as Sikhs and Jews – are also legally recognised as racial groups.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry019' class='ask-the-expert'></a></li>","</ul>"]},"entry024":{"question":"What is direct discrimination?","keywords":"discrimina.* direct","answer":["<p>Direct discrimination is when a person is treated less favourably directly because they:</p>","<ul>","<li>Have a protected characteristic, OR</li>","<li>Are thought to have a protected characteristic (even if they don’t actually have it), OR</li>","<li>Associate with someone who has a protected characteristic.</li>","</ul>","<p>Examples of direct discrimination include:</p>","<ul>","<li>A guest house refusing to provide accommodation to a gay couple.</li>","<li>An employee being overlooked for promotion because they’re pregnant.</li>","<li>A disabled person being paid a lower salary than other team members, to cover the costs of reasonable adjustments.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry015' class='ask-the-expert'></a></li>","<li><a data-id='entry016' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","</ul>"]},"entry025":{"question":"What is indirect discrimination?","keywords":"discrimina.* indirect","answer":["<p>Indirect discrimination is when provisions, criteria, policies, rules and practices that apply to everyone, inadvertently and unnecessarily disadvantage people with a protected characteristic. Examples include:</p>","<ul>","<li>Requiring all candidates to have a driving licence, when driving isn’t a requirement of the job. This indirectly discriminates against candidates with certain disabilities, who are less likely to drive.</li>","<li>Requiring candidates to have an excessive amount of past experience working in a particular role. This indirectly discriminates against both younger candidates, who simply won’t have had time to accrue sufficient experience, and female candidates, who are more likely to take career breaks to bring up children.</li>","<li>Unnecessarily setting fixed working times or patterns that conflict with religious observances, thereby indirectly discriminating against people with particular religious faiths.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","<li><a data-id='entry015' class='ask-the-expert'></a></li>","<li><a data-id='entry017' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","</ul>"]},"entry026":{"question":"What is harassment?","keywords":"haras.* bullied bully.*","answer":["<p>Harassment is any unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment. Harassment can range from overt bullying or inappropriate physical contact, through to more subtle things, such as nicknames, innuendo, teasing, name-calling and so on.</p>","<p>Two key points to keep in mind are that:</p>","<ul>","<li>Individuals can make a claim of harassment even if the behaviour isn’t directed at them personally, so long as they can demonstrate it creates an offensive environment for them.</li>","<li>It’s not what’s actually said or done that’s important – it’s the impact of what’s said or done on the other person. So even when there’s no malicious intent, a person’s words and actions can amount to harassment if they can be reasonably expected to violate dignity or create an intimidating, hostile, degrading, humiliating or offensive environment.</li>","</ul>","<p>Harassment related to most protected characteristics is unlawful under the Equality Act. Examples include racial jibes, homophobic remarks, sexist comments, and so on. Under the Act, even a single incident between two employees can be regarded as harassment, if it’s serious enough.</p>","<p>But what if harassment isn’t related to a protected characteristic? Well, under the Protection from Harassment Act of 1997, all forms of repeated harassment are unlawful, even if they’re not related to a protected characteristic. In other words, harassment encompasses any behaviour that can be reasonably seen as intimidating, offensive, hostile or degrading to another person.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry027' class='ask-the-expert'></a></li>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry028' class='ask-the-expert'></a></li>","</ul>"]},"entry027":{"question":"How does the law apply when an employee is harassed by a third party, e.g. a member of the public?","keywords":"haras.* third part.*","answer":["<p>This is known as third party harassment. The third party in question could be a customer, contractor, supplier or anyone else the employee encounters through their work.</p>","<p>When the Equality Act was first introduced, it made organisations legally responsible for protecting their employees from repeated harassment by third parties. However this aspect of the Act was subsequently repealed, which has led many people to assume that employers no longer have any legal responsibilities for tackling third party harassment. But this isn’t the case.</p>","<p>Under health and safety legislation, all employers have an overriding legal responsibility for taking reasonable steps to protect their employees from foreseeable physical or psychological injury. And of course, one potential cause of such injury is harassment by third parties.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","</ul>"]},"entry028":{"question":"What is victimisation?","keywords":"victimis.*","answer":["<p>Victimisation is detrimental treatment because a person has made, or intends to make, a complaint or enquiry about an equality matter, or support such a complaint or enquiry.</p>","<p>While victimisation has been unlawful for many years, the Equality Act greatly extended the scope of the legal protection offered:</p>","<ul>","<li>The law used to only protect people who made complaints, or supported complaints, about discrimination or harassment. However, the Equality Act also protects people who make enquiries about equality matters, providing these are made with the aim of establishing if unfair systems or practices are in place.</li>","<li>The Equality Act bans pay secrecy clauses and makes it legitimate for employees to discuss pay with their colleagues, providing this is done with the purpose of establishing if discrimination is taking place. The Act’s aim is to erode long-standing inequalities by promoting greater openness and transparency within organisations.</li>","</ul>","<p>See also:</p>","<ul>","<li><a data-id='entry024' class='ask-the-expert'></a></li>","<li><a data-id='entry025' class='ask-the-expert'></a></li>","<li><a data-id='entry026' class='ask-the-expert'></a></li>","</ul>"]},"entry029":{"question":"What is the public sector Equality Duty?","keywords":"public equalit.* duty duties psed","answer":["<p>Under the Equality Act, public bodies have a special duty for promoting equality, known as the Public Sector Equality Duty (PSED). This requires them to:</p>","<ul>","<li>Define the steps they’re taking to eliminate unfairness, promote equality of opportunity, and foster good relations across the protected characteristics.</li>","<li>Assess the impact of what they do on people with different protected characteristics, so that they don’t inadvertently disadvantage particular groups.</li>","</ul>","<p>The aim of the Act is to ensure that public bodies are able to recognise, understand and meet the needs of the diverse range of people they exist to serve.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","</ul>"]},"entry030":{"question":"Can obesity be classed as a disability?","keywords":"disabled disabilit.* impair.* obes.* weight overweight","answer":["<p>Obesity itself is not classed as a disability. However, where an individual suffers health problems caused by their obesity, these associated problems may render them disabled for the purposes of discrimination legislation, depending on the specific circumstances.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry018' class='ask-the-expert'></a></li>","</ul>"]},"entry031":{"question":"Does gender reassignment change a person’s sex?","keywords":"gender reassign.* trans.* sex","answer":["<p>Not necessarily. The Equality Act defines gender reassignment and sex as two distinct protected characteristics. Under the Gender Recognition Act 2004, a trans person must obtain a Gender Recognition Certificate (GRC) in order to change the sex assigned to them at birth. Without this, their legal sex remains the one assigned to them at birth.</p>","<p>See also:</p>","<ul>","<li><a data-id='entry021' class='ask-the-expert'></a></li>","<li><a data-id='entry013' class='ask-the-expert'></a></li>","</ul>"]}},"title":"Ask the expert"},"assessment-introduction":{"title":"Introduction","text1":{"paragraph1":"This test will give you a chance to check your understanding of what we’ve covered in this course, so you can feel confident that you’re up to speed with everything.","paragraph2":"During the test, you’ll need to answer a series of questions, each of which will have a number of marks, based on its difficulty. You won’t receive any detailed feedback on what you got right and wrong as you answer the questions, but you will be given a running score, so you can see how well you’re doing.","paragraph3":"At the end of the test you’ll be given an overall score – here’s what you’ll need to score in order to pass. If you don’t manage to pass the test, don’t worry: simply re-study the areas of the course you had difficulty with and then re-take the test to try and improve your score. When you're ready, select <strong>Continue</strong> to make a start. Good luck!","paragraph4":"At the end of the test you’ll be given an overall score. If this indicates that there are gaps in your understanding, you’ll able to re-study the areas of the course you had difficulty with and then re-take the test to try and improve your score. When you're ready, select <strong>Continue</strong> to make a start. Good luck!"},"pass-mark-label":{"text":"REQUIRED PASS MARK"}},"assessment-questions":{"title":"Question ${core.course.assessment.questionNumber} of ${core.course.assessment.questionCount}","assessment-element":{"assessment-score-indicator":{"question":"Score this question: ${currentQuestionMarks} / ${availableQuestionMarks}","assessment":"Score so far: ${currentAssessmentMarks} / ${availableAssessmentMarks}"}}},"assessment-summary":{"title":"Your score","text1":{"paragraph1":"Congratulations, you scored a perfect 100%, so obviously have an excellent understanding of the contents of this course. Well done!","paragraph2":"Well done, you passed the test! Your score indicates that you have a good understanding of the contents of this course. However, you didn’t answer all the questions correctly, so you may want to re-visit the parts of the course we’ve highlighted on the course menu to address any gaps in your understanding.","paragraph3":"Not bad, but your score falls a little short of a pass mark. The areas you had difficulty with are highlighted on the course menu. We’d recommend that you re-visit these areas and then re-take the test to try and improve your score. Remember, you need to pass the test in order to complete this course.","paragraph4":"Your score falls quite a way short of a pass mark. The areas you had difficulty with are highlighted on the course menu. We’d strongly recommend that you re-visit these areas and then re-take the test to try and improve your score. Remember, you need to pass the test in order to complete this course.","paragraph5":"Well done, your score indicates that you have a good understanding of the contents of this course. However, you didn’t answer all the questions correctly, so you may want to re-visit the parts of the course we’ve highlighted on the course menu to address any gaps in your understanding.","paragraph6":"You’ve now completed the test. Your score indicates that there are some gaps in your understanding of what we covered in the course. We’ve highlighted the relevant areas on the course menu. We’d recommend that you re-visit these areas and then re-take the test to try and improve your score.","paragraph7":"You’ve now completed the test. Your score indicates that there are several gaps in your understanding of what we covered in the course. We’ve highlighted the relevant areas on the course menu. We’d strongly recommend that you re-visit these areas and then re-take the test to try and improve your score.","paragraph8":"Select <strong>Home</strong> to return to the course menu, from where you’ll be able to download a personalised course completion certificate.","paragraph9":"Select <strong>Home</strong> to return to the course menu."},"recommended-label":{"text":"Recommended for re-study"}},"course-configuration":{"title":"Course Configuration","text1":{"paragraph1":"Before getting started, why not take a moment to configure the course to best meet your needs. Don’t worry, you can always change your selections later."},"settings-footer":{"text":"Select <b>Confirm</b> when you’ve finished."},"setting-description":{"audio-enabled":"The course makes extensive use of audio voiceover. If you’d rather read through the content, or are running over a slow connection, switch the audio off here.","video-subtitles":"Switch this option on if you’d like any video scenes in the course to be subtitled.","focus-outline":"If you’ll be using a keyboard to navigate through the course, we’d recommend switching the button outline on, so that you can keep track of what’s selected.","high-contrast":"The standard colour scheme is dark text on a light background, but switch on the inverse colour scheme for light text on a dark background."},"info-panel-text":{"text":"<strong>Course too small or too large on your display? To change its size:</strong>"},"info-panel-desktop-zoom-text":{"text":"<strong>On a desktop</strong> – adjust the size of the course window and the content will automatically scale up or down to fill the window. Maximising the window and entering full screen mode will make the content as large as possible."},"info-panel-mobile-zoom-text":{"text":"<strong>On a tablet</strong> – pinch in or out anywhere on the content area until the course is at your preferred size."}},"course-copyright":{"title":"Course copyright","course-logo":{"accName":"Course logo."},"client-logo":{"accName":"Company logo."},"cylix-logo":{"accName":"Cylix Limited logo."},"cpd-logo":{"accName":"CPD certified."},"copyright":{"text":"${core.licence.licenceText}"}},"course-introduction":{"text1":{"paragraph1":"Welcome to this course on equality, diversity and inclusion.","paragraph2":"In this course, we’ll introduce you to what equality, diversity and inclusion mean and why they’re so important for the university, and for you as an individual.","paragraph3":"We’ll look at the equality legislation that’s been put in place to help ensure people are treated fairly.","paragraph4":"And we’ll explore some of the issues and barriers you may encounter and look at what you can do to overcome these.","paragraph5":"We’ll focus throughout on practical guidance and advice, so you won’t get bogged down with details. But, if you do want to dig deeper at any point, you can always use our Ask the Expert feature."},"title":"Course Introduction"},"course-menu":{"title":"Course Menu","recommended":"Recommended for re-study.","duration":{"accName":" will take ${duration} to complete.","label":"${duration} minutes"},"progress-indicator":{"accName":"Section is ${element.status}","not-started":"not started.","started":"${element.progress}% ${core.manifest.course-menu.progress-indicator.completed}.","completed":"completed."},"client-logo":{"accName":"Company logo."},"options":{"accName":"Course sections.","certificate":{"label":"Course completion certificate"}},"instruction":{"text":"Select the section you’d like to study. We’d recommend initially studying the sections in the order they’re listed."},"first-entry-dialog":{"title":"Welcome"},"course-completed-dialog":{"title":"Course completed"}},"custom-policies":{"title":"Our Policies & Guidelines","accepted-label":{"text":"ACCEPTED"},"client-logo":{"accName":"Company logo."},"text1":{"paragraph1":"In order to ensure we meet our legal obligations and achieve the highest possible standards of good practice, we’ve developed our own policies and guidelines.","paragraph2":"It’s important you understand and follow these at all times, so please take the time to read through them carefully.","paragraph3":"It’s important you understand and follow these at all times. Please confirm you will do this by accepting the following statement."},"text2":{"paragraph1":"<i>“I hereby acknowledge that I have read, or shall read, understand and agree to follow the standards, processes and procedures set forth in the policies and guidelines that have been provided to me.”</i>"},"text3":{"paragraph1":"In the next section, you’ll be able to test your knowledge of what we’ve covered in this course. Select <strong>Home</strong> to return to the course menu.","paragraph2":"Select <strong>Home</strong> to return to the course menu."}},"demo-end":{"title":"End of section","text1":{"paragraph1":"You have now reached the end of this demonstration section. To find out more about the course, or to arrange a free, no-obligation demonstration, please contact Cylix.","paragraph2":"Telephone: <strong>${core.manifest.resources.entries.contact-1.phone}</strong>","paragraph3":"Email: <a data-id='contact-1' class='resources-email'>${core.manifest.resources.entries.contact-1.email}</a>","paragraph4":"Select <strong>Home</strong> to return to the course menu."}},"edb":{"title":"Equality & Diversity Briefing","title2":"Equality & Diversity <span class='light'>Briefing</span>"},"ede":{"title":"Equality & Diversity Essentials","title2":"Equality & Diversity <span class='light'>Essentials</span>"},"ede-01":{"description":"Find out what equality, diversity and inclusion mean, and why they’re so important.","title":"Understanding Equality, Diversity & Inclusion"},"ede-01-000-010":{"text1":{"paragraph1":"What are equality, diversity and inclusion? Why are they so important to the university? And, more importantly, why are they so important to you?","paragraph2":"If you’re already asking yourself questions like these, then this section will provide you with the answers you’re after. We’ll explore what the terms “equality of opportunity”, “diversity” and “inclusion” actually mean. We’ll look at why we’re so committed to making them happen. And we’ll outline all the benefits that they can offer you, whatever your role."},"title":"Introduction"},"ede-01-010-010":{"title":"What is Equality of Opportunity?","text1":{"paragraph1":"Let’s start off by considering what “equality of opportunity” means. We asked a number of people for their thoughts on this. Select the photos shown here to find out how each person responded. Select <strong>Continue</strong> when you’ve finished."},"option1-label":{"text":"Person #1"},"option1-text":{"paragraph1":"“Well, it’s about treating black and minority ethnic groups the same as you would anyone else, isn’t it?”"},"option2-label":{"text":"Person #2"},"option2-text":{"paragraph1":"“Equality of opportunity? Hmm, I’d say it’s about making sure everyone gets treated fairly.”"},"option3-label":{"text":"Person #3"},"option3-text":{"paragraph1":"“I’ve always thought it’s about treating people in exactly the same way, even if they have different capabilities and needs.”"},"option4-label":{"text":"Person #4"},"option4-text":{"paragraph1":"“Isn’t it mainly about making sure women get a fair deal at work?”"},"option5-label":{"text":"Person #5"},"option5-text":{"paragraph1":"“It’s about favouring minority groups – like black and disabled people – to boost their numbers.”"},"question-header":{"text":"Five different people, five very different views of equality of opportunity. So which response do you think was closest to what it’s really all about?"},"question-footer":{"text":"Choose your answer, then select <strong>Confirm</strong> to see how you did."},"text2":{"paragraph1":"Yes, that’s right, equality of opportunity is simply about treating everyone fairly: nothing more, nothing less. There are three key points to keep in mind here:","paragraph2":"Many people choose this response, but the reality is that equality of opportunity is simply about treating everyone fairly: nothing more, nothing less. There are three key points to keep in mind here:","paragraph3":"Firstly, equality doesn’t just apply to minority groups, it applies to us all. After all, we all have a vested interest in being treated fairly, whether we’re male or female, black or white, or anything else.","paragraph4":"Secondly, equality doesn’t mean treating people with different capabilities and needs in exactly the same way. It just means that everyone has an equal right to be treated fairly, based on the relevant capabilities and needs they do have.","paragraph5":"And thirdly, equality doesn’t mean actively favouring minority groups, despite what you might read in the press! Equality is about treating <em>everyone</em> fairly, whether they’re from a minority or majority group."}},"ede-01-010-020":{"title":"What Equality Means in Practice","text1":{"paragraph1":"Basically, equality of opportunity is about creating a level playing field on which everyone is treated fairly, purely on the basis of their relevant abilities and needs.","paragraph2":"Think of it this way. If you were taking your driving test, you’d expect to be assessed objectively on the basis of how well you could drive. If you failed because you crashed into a wall, you might feel disappointed, but you wouldn’t feel that you’d been treated unfairly.","paragraph3":"However, if the examiner failed you because you were, say, French or female you’d quite rightly feel outraged – after all, what has your nationality or your sex got to do with your ability to drive a car! Equality is about making sure people are assessed on their skills and abilities, not on the basis of irrelevant factors.","paragraph4":"Over the last fifty or so years, increasingly comprehensive equality legislation has been introduced to help stop people being treated unfairly on the basis of a range of specific factors, known as “protected characteristics”. Nowadays, it’s not just immoral to treat anyone less favourably on the basis of a protected characteristic; it’s also <em>unlawful</em>.","paragraph5":"We’ll be taking a closer look at equality legislation and the protected characteristics it covers in the next section. For now, though, let’s move on to look at the relationship between equality, diversity and inclusion…"}},"ede-01-010-030":{"title":"What About Diversity & Inclusion?","text1":{"paragraph1":"As you’ve just seen, equality of opportunity is about treating people fairly, and is backed up by legislation that makes it unlawful to treat anyone less favourably on the basis of a range of specific factors, known as protected characteristics."},"text2":{"paragraph1":"But what about diversity? Well, diversity’s closely related to equality, but it’s a much broader concept: it’s about recognising, valuing and respecting <em>all forms</em> of difference in individuals. And that doesn’t just extend to visible differences, like sex, age and colour. It also encompasses the multitude of non-visible ways we can be different from one another, through our social background, personality type, beliefs, and so on.","paragraph2":"Which brings us to inclusion. While diversity’s about all the ways we can be different from one another, inclusion is about all the ways we can embrace and harness these differences in order to create cohesive communities and effective workplaces. Not surprisingly, a key aspect of this is recognising and meeting the needs of different individuals."}},"ede-01-010-050":{"title":"Relevance of Equality, Diversity & Inclusion","text1":{"paragraph1":"Hopefully, you’re now up to speed with what equality, diversity and inclusion mean. But the question is, are they really relevant to anyone other than specific minority groups? Well, as you’ll see in a moment, the answer depends on how you define the term “minority group”…"},"text2":{"paragraph1":"Take a look at the areas of difference shown here and have a go at selecting one of the options in each area to create a profile. You might want to start by building a profile of yourself, but we’d recommend that you also take the time to build profiles of what you’d regard as minority and majority groups in the UK. Once you’ve built each profile, you’ll be able to see how many people in the UK share the profile you’ve created."},"category1-label":{"text":"SEX/GENDER IDENTITY"},"option1-1-label":{"text":"Female"},"option1-2-label":{"text":"Male"},"option1-3-label":{"text":"Neither/both/other"},"category2-label":{"text":"MARITAL STATUS"},"option2-1-label":{"text":"Married or in civil partnership"},"option2-2-label":{"text":"Not married or in civil partnership"},"category3-label":{"text":"AGE"},"option3-1-label":{"text":"16-29"},"option3-2-label":{"text":"30-39"},"option3-3-label":{"text":"40-49"},"option3-4-label":{"text":"50-59"},"option3-5-label":{"text":"60+"},"category4-label":{"text":"DISABILITY"},"option4-1-label":{"text":"Disabled"},"option4-2-label":{"text":"Non-disabled"},"category5-label":{"text":"SEXUAL ORIENTATION"},"option5-1-label":{"text":"Heterosexual"},"option5-2-label":{"text":"Lesbian, gay, bisexual, other"},"category6-label":{"text":"RELIGION OR BELIEF"},"option6-1-label":{"text":"Buddhist"},"option6-2-label":{"text":"Christian"},"option6-3-label":{"text":"Hindu"},"option6-4-label":{"text":"Jewish"},"option6-5-label":{"text":"Muslim"},"option6-6-label":{"text":"Sikh"},"option6-7-label":{"text":"Other"},"option6-8-label":{"text":"No religion/atheist"},"instruction":{"text":"Select an option here to get started."},"profile-label":{"text":"People sharing similar profile: <span class='ede-01-010-050-chart-label-value'>${element.profile}</span>"},"profile-min":"Less than ${prop.profile-min}","population-label":{"text":"Total population of the UK: <span class='ede-01-010-050-chart-label-value'>${element.population}</span>"},"source-label":{"text":"Results derived primarily from 2011 UK Census."},"text3":{"paragraph1":"Out of the total population of the UK, here’s how many people share the profile you’ve created. As you can see, they’re very much a minority group in the UK. Select <strong>New Profile</strong> to build a different profile. Select <strong>Continue</strong> when you’ve finished.","paragraph2":"Here’s how many people share the new profile you’ve created. Again, you can see they’re very much a minority group. Select <strong>New Profile</strong> to build a different profile. Select <strong>Continue</strong> when you’ve finished.","paragraph3":"If you created a range of profiles, you’ll have seen that each one represents a tiny minority group in the UK. And that’s after choosing just six characteristics: if we’d added options for things like nationality, personality type, hobbies, socio-economic background, and so on, the results would have been even smaller.","paragraph4":"What this exercise highlights is that we’re all unique individuals, which means that we’re all ultimately in a “minority group” of just one. In this sense, equality, diversity and inclusion do just apply to minority groups – in other words, each and every one of us as individuals!"},"new-profile-button":{"label":"New Profile"}},"ede-01-020-010":{"title":"Why the Big Deal?","question1":{"question":"Like the person you’ve just seen, many people don’t <em>disagree</em> with equality, diversity and inclusion, they just can’t see why they’re so important. So what do you think? On a national level, which of the following statements would you say are true?","instruction":"Choose your answers, then select <strong>Confirm</strong> to see how you did.","option1":"On average, men and women now earn the same and are equally represented at all levels within organisations.","option2":"Ethnic minority groups now have the same employment and career progression opportunities as white people.","option3":"Ability – not social background – is the key factor in how well children do at school.","option4":"Employment rates amongst disabled people are now very close to those of non-disabled people.","option5":"More liberal attitudes towards sexuality have made homophobic attitudes largely a thing of the past."},"text1":{"paragraph1":"Yes, that’s right. None of these statements are true. Let’s take a closer look at each of them now…","paragraph2":"In fact, none of these statements are true. Let’s take a closer look at each of them now…","paragraph3":"You’re in for a bit of a surprise: none of these statements are in fact true. Let’s take a closer look at each of them now…","paragraph4":"Despite recent efforts to reduce the gender pay gap, surveys across both full-time and part-time employees reveal that women still earn, on average, nearly 20% less than men. But that’s not all: while women make up over half the population, only around a fifth of directorships of FTSE 250 companies are held by women and less than a third of MPs are female. <a data-id='stats-1' class='resources'>[Sources]</a>","paragraph5":"If you’re from an ethnic minority group, you’re almost twice as likely to be unemployed as a white person. And even if you are employed, career progression is likely to be an uphill struggle: ethnic minority groups are under-represented by nearly 25% at management levels. <a data-id='stats-2' class='resources'>[Sources]</a>","paragraph6":"Schoolchildren from poorer backgrounds, who are eligible for free school meals, are not far off being twice as likely to fall short of achieving the target of 5 A* to C grades at GCSE. In other words, social background still plays a major role in determining the educational attainments – and, by extension, the future prospects – of millions of children. <a data-id='stats-3' class='resources'>[Sources]</a>","paragraph7":"The unemployment rate for disabled people is nearly 40% higher than for non-disabled people. And even when disabled people are in employment, they’re likely to be paid significantly less than their non-disabled counterparts: for disabled men, the shortfall is around 11%, while for disabled women it’s even higher, at around 22%. <a data-id='stats-4' class='resources'>[Sources]</a>","paragraph8":"Attitudes to sexuality may be changing, but there’s still a long way to go: 55% of gay, lesbian and bisexual schoolchildren have experienced homophobic bullying at school, while nearly 20% of gay and lesbian adults have experienced homophobic bullying at work. <a data-id='stats-5' class='resources'>[Sources]</a>","paragraph9":"What all of this highlights is that many people in today’s Britain still don’t get a fair deal. But this isn’t the only driver for equality, diversity and inclusion. As you’ll see in a moment, they also offer many important benefits both to us as an organisation and to you as an individual."}},"ede-01-030-010":{"option1-label":{"text":"Talent"},"option1-text":{"paragraph1":"In order to be successful in the highly competitive world of higher education, we need to be the university of choice for the best staff and students. Equality, diversity and inclusion enable us to draw people from the widest possible pool of talent and create an environment in which everyone feels respected and capable of achieving their potential."},"option2-label":{"text":"Innovation"},"option2-text":{"paragraph1":"There’s rarely only one solution to even a simple problem. Different people bring different perspectives, which make equality, diversity and inclusion key factors in creativity and innovation."},"option3-label":{"text":"Service"},"option3-text":{"paragraph1":"We provide our services to people from all sorts of diverse backgrounds. To do a good job, we have to be able to understand, respect and meet their needs. Make no mistake, equality, diversity and inclusion aren’t fringe considerations, they’re vital to our overall performance."},"option4-label":{"text":"Globalisation"},"option4-text":{"paragraph1":"We’re operating in an increasingly global world. Equality, diversity and inclusion help us to work effectively across a broad range of cultural and international boundaries."},"text1":{"paragraph1":"What do you think are some of the main benefits that equality, diversity and inclusion can offer us as an organisation? Have a think about this for a moment, then select each of the areas shown here to explore four of the main benefits. Select <strong>Continue</strong> when you’ve finished."},"title":"The Benefits?"},"ede-01-050-010":{"title":"Benefits to You","text1":{"paragraph1":"So, there are lots of good reasons why we’re committed to equality, diversity and inclusion. But what’s in it for you? Select each of the areas shown here to find out. Select <strong>Continue</strong> when you’re ready to move on."},"option1-label":{"text":"Merit"},"option1-text":{"paragraph1":"You can expect to be treated fairly and with respect at all times, and to progress on the basis of your merit alone."},"option2-label":{"text":"Barriers"},"option2-text":{"paragraph1":"You have the right to challenge and remove any unfair barriers that stand in the way of your progress, so that you can achieve your full potential here."},"option3-label":{"text":"Support"},"option3-text":{"paragraph1":"You can feel confident that you’ll have our full support should you need to raise any concerns or challenge any unacceptable behaviour."},"text2":{"paragraph1":"The key point about all of this is that equality, diversity and inclusion aren’t just good news for particular groups of people: they’re good news for <em>everyone</em>."}},"ede-01-060-010":{"title":"Summary","text1":{"paragraph1":"In this section, we introduced you to what equality, diversity and inclusion are all about. We looked at why we are so committed to making them happen. And we outlined some of the benefits for you.","paragraph2":"In the next section, we’ll look at the equality legislation that’s been put in place to help ensure people are treated fairly. Select <strong>Continue</strong> to move on to the next section now, or <strong>Home</strong> to return to the course menu."}},"ede-02":{"description":"Get the lowdown on equality legislation, and find out how the law applies in real situations.","title":"What the law says"},"ede-02-000-010":{"title":"Introduction","text1":{"paragraph1":"As you saw in the previous section, equality, diversity and inclusion are vitally important, both to us an organisation and to you as an individual.","paragraph2":"In this section, we’ll look at the key legislation that’s been put in place to promote equality of opportunity. And we’ll explore a series of case study situations, to give you a clear understanding of how the law applies in practice."}},"ede-02-010-010":{"title":"Equality Legislation","text1":{"paragraph1":"When it comes to equality law, the key piece of legislation is the Equality Act. Introduced in 2010, this brought together and extended many of the strands of equality legislation that had been introduced over previous decades."},"question1":{"question":"Under the Equality Act, it’s unlawful to treat anyone less favourably on the basis of a range of specific factors, known as “protected characteristics”. So which of the following do you think are protected characteristics?","instruction":"Choose your answers, then select <strong>Confirm</strong> to see how you did.","option1":"Age","option2":"Disability","option3":"Education and qualifications","option4":"Gender reassignment","option5":"Marriage or civil partnership","option6":"Pregnancy or maternity","option7":"Race","option8":"Religion or belief","option9":"Sex","option10":"Sexual orientation"},"text2":{"paragraph1":"Yes, well done. With the sole exception of education and qualifications, these are all protected characteristics. Let’s run through each of them now…","paragraph2":"Not quite. With the sole exception of education and qualifications, these are all protected characteristics. Let’s run through each of them now…","paragraph3":"In fact, with the sole exception of education and qualifications, these are all protected characteristics. Let’s run through each of them now…","paragraph4":"It’s unlawful to treat anyone less favourably on the basis of their age, for example because they’re seen as being too young or too old for a particular role.","paragraph5":"The Equality Act defines disability as: “A physical or mental impairment… [which] has a substantial and long-term adverse effect on [a person’s] ability to carry out normal day-to-day activities.” This encompasses a wide range of:","paragraph6":"Mobility, hearing, speech, vision and dexterity impairments.","paragraph7":"Learning disabilities and difficulties, including Down’s syndrome and dyslexia.","paragraph8":"Physical health conditions, including cancer, HIV, multiple sclerosis, epilepsy and diabetes.","paragraph9":"Mental health conditions, including schizophrenia and depression.","paragraph10":"Under the law, organisations must make any “reasonable adjustments” possible in order to prevent disabled people from being substantially disadvantaged. This could involve permitting flexible working, installing ramps, or providing auxiliary aids, such as induction loops for people with hearing aids.","paragraph11":"Of course, this doesn’t mean that organisations are legally required to make all adjustments necessary to accommodate every disabled person. The key word is “reasonable”. The law accepts that some adjustments may not be realistic due to factors such as cost, impact on other people, and so on. <a data-id='entry018,entry006,entry007,entry030,entry001' class='ask-the-expert'>Ask the Expert</a> if you’d like to know more.","paragraph12":"<a data-id='trans' class='glossary'>Trans</a> people who have changed – or intend to change – their gender from male to female, or female to male are also legally protected and it’s unlawful for them to be treated less favourably on these grounds. An important point here is that an individual does not need to have undergone any medical <a data-id='gender-reassignment' class='glossary'>gender reassignment</a> procedures to be protected. So, for example, a person who was assigned the female sex at birth, but identifies as male and lives their life as a man is covered, even if no medical procedures are involved. <a data-id='entry021,entry031' class='ask-the-expert'>Ask the Expert</a> if you’d like to know more.","paragraph13":"The law protects people from being treated less favourably because they are married or in a <a data-id='civil-partnership' class='glossary'>civil partnership</a>. This applies to both mixed-sex and same-sex marriages and civil partnerships.","paragraph14":"People are also protected from being treated unfavourably on grounds of pregnancy or maternity. This protection extends throughout the period of their pregnancy and any statutory maternity leave. What’s more, it’s unlawful for someone to be given less favourable terms of employment on returning to work after taking statutory maternity leave.","paragraph15":"The law protects people of all races from being treated unfairly. The legal definition of “race” is very broad, encompassing any group of people with a shared colour, nationality, ethnic origin or national origin. This includes several Gypsy and Traveller groups. What’s more, it’s now been established that <a data-id='caste' class='glossary'>caste</a> can be legally considered an aspect of race. <a data-id='entry019' class='ask-the-expert'>Ask the Expert</a> if you’d like to know more.","paragraph16":"It’s unlawful to treat anyone less favourably because they hold, or don’t hold, a particular religious belief. But the law doesn’t just apply to religious beliefs: it also applies to non-religious philosophical beliefs, such as humanism and atheism. In fact, any belief that underpins a person’s outlook and life – for example, <a data-id='environmentalism' class='glossary'>environmentalism</a> – may be covered.","paragraph17":"Everyone has the right to be treated fairly and not to suffer any form of less favourable treatment on the basis of their <a data-id='sex' class='glossary'>sex</a>. And while the <a data-id='gender-pay-gap' class='glossary'>gender pay gap</a> has historically been the headline sex equality issue in employment, the law actually applies to all terms of employment, not just pay.","paragraph18":"Finally, the law now protects people from being treated less favourably on grounds of their sexual orientation, whether that’s because they’re heterosexual, gay, lesbian or bisexual.","paragraph19":"It’s important to keep in mind that in almost all instances, equality law now applies both to employment and to the provision of goods and services. So, for example, it would be unlawful for a hotel either to refuse to employ gay men, or to refuse to provide accommodation to gay men."}},"ede-02-010-020":{"title":"What is “Less favourable treatment”?","text1":{"paragraph1":"OK, so now you know the grounds on which it’s unlawful to treat anyone less favourably. But what exactly is “less favourable treatment”? Well, in legal terms it can take four main forms: direct discrimination, indirect discrimination, harassment and victimisation."},"question-header":{"text":"So, what are the legal definitions for each of these four terms?"},"question-footer":{"text":"See if you can match each term to the correct definition. When you’ve finished, select <strong>Confirm</strong> to see how you did."},"drag-item1":{"label":"Harassment"},"drag-item2":{"label":"Victimisation"},"drag-item3":{"label":"Indirect discrimination"},"drag-item4":{"label":"Direct discrimination"},"drop-label1":{"text":"Less favourable treatment because of one or more protected characteristics (race, disability, sex, etc)."},"drop-label2":{"text":"Provisions, criteria, policies, rules and practices that apply to everyone, but inadvertently and unnecessarily disadvantage people with a protected characteristic."},"drop-label3":{"text":"Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment."},"drop-label4":{"text":"Detrimental treatment because a person has made, or intends to make, a complaint or enquiry about an equality matter, or support such a complaint or enquiry."},"text2":{"paragraph1":"Yes, well done. Select <strong>Continue</strong> to take a look at what each of these terms can mean in practice.","paragraph2":"That’s pretty close. Select <strong>Continue</strong> to see the correct answers and explore what each of these terms can mean in practice.","paragraph3":"Not quite. Select <strong>Continue</strong> to see the correct answers and explore what each of these terms can mean in practice.","paragraph4":"Examples of direct discrimination include:","paragraph5":"Deciding not to employ or admit someone because they’re from a particular minority ethnic group.","paragraph6":"Offering someone a less favourable terms of employment because they’re disabled.","paragraph7":"Dismissing or excluding someone because they’re gay.","paragraph8":"Overlooking a woman for promotion because she’s pregnant.","paragraph9":"Indirect discrimination is often more difficult to spot than direct discrimination, because there’s usually no obvious link to a protected characteristic.","paragraph10":"For example, requiring job applicants to have a degree may seem fine at first glance – after all education isn’t a protected characteristic. However, it could indirectly discriminate against people with a number of protected characteristics, including:","paragraph11":"Older women, who are less likely to have gone on to higher education.","paragraph12":"People from parts of the world who are less likely to have had access to higher education.","paragraph13":"Disabled people, who are less likely to be degree educated owing to historic barriers to higher education.","paragraph14":"Of course, this doesn’t mean that requiring a degree is always discriminatory. If it – or any other criteria – can be objectively justified as essential occupational requirements for the role in question, they’re fine. It’s only when they can’t be justified that there’s a problem.","paragraph15":"Harassment can range from overt bullying or inappropriate physical contact, through to more subtle things, such as nicknames, innuendo, teasing, name-calling and so on.","paragraph16":"Victimisation can take many forms: being ignored by colleagues; being overlooked for promotion; being denied access to training and development opportunities; and so on.","paragraph17":"A key point about all of this is that it’s not just unlawful for someone to treat another person less favourably themselves. It’s also unlawful for them to instruct, encourage or help someone else to treat another person less favourably.","paragraph18":"What’s more, the law doesn’t just apply to the workplace; it also applies to any work-related event. This could include any meeting, party or do organised through work, even if it’s held outside the workplace, outside normal working hours.","paragraph19":"Over the next few screens, we’ll take a closer look at each of the forms of less favourable treatment, so that you’re up to speed with exactly what the law says…"}},"ede-02-010-022":{"title":"Focus on Discrimination","dd-definition":{"paragraph1":"<strong>Direct discrimination</strong>","paragraph2":"Less favourable treatment on the basis of a range of specific factors, known as <a data-id='protected-characteristics' class='glossary'>protected characteristics</a>."},"id-definition":{"paragraph1":"<strong>Indirect discrimination</strong>","paragraph2":"Provisions, criteria, policies, rules and practices that apply to everyone, but inadvertently and unnecessarily disadvantage people with a protected characteristic."},"text1":{"paragraph1":"When it comes to discrimination, the Equality Act is very comprehensive, protecting people from being discriminated against because they:","paragraph2":"Have a protected characteristic.","paragraph3":"Are thought to have a protected characteristic, even if they don’t actually have it. This is known as <a data-id='discrimination-by-perception' class='glossary'>discrimination by perception</a>.","paragraph4":"Associate with people who have a protected characteristic, for example through caring for a disabled relative. This is known as <a data-id='discrimination-by-association' class='glossary'>discrimination by association</a>."},"text2":{"paragraph1":"When deciding whether a particular action is discriminatory, there are a few key things to keep in mind. Select each of the areas now shown to find out more. Select <strong>Continue</strong> when you’ve finished."},"option1-label":{"text":"Positive discrimination"},"option1-text":{"paragraph1":"Discrimination is unlawful even when it’s done with the intention of improving the representation of minority groups. This is what’s known as <a data-id='positive-discrimination' class='glossary'>positive discrimination</a>. An example would be recruiting a person from a minority ethnic group in order to improve the diversity of a team, even though they’re not the best applicant."},"option2-label":{"text":"Positive action"},"option2-text":{"paragraph1":"<a data-id='positive-action' class='glossary'>Positive action</a> is often confused with positive discrimination, but it’s quite different and perfectly lawful. It’s about encouraging applications from under-represented groups and might include:","paragraph2":"Providing training to specific groups to enable them to compete for certain jobs.","paragraph3":"Targeting advertising at specific groups.","paragraph4":"Providing awareness days for specific groups.","paragraph5":"All of these actions are lawful because they’re only aimed at encouraging specific groups to apply. However, the selection process itself must always be carried out fairly and mustn’t favour any particular group. <a data-id='entry001,entry002,entry003' class='ask-the-expert'>Ask the Expert</a> if you’d like to find out more."},"option3-label":{"text":"Occupational requirements"},"option3-text":{"paragraph1":"While discrimination on grounds of any protected characteristic is normally unlawful, this doesn’t extend to roles with essential <a data-id='occupational-requirement' class='glossary'>occupational requirements</a> that prevent people with certain characteristics from fulfilling them. So, a film company looking for someone to play the role of Martin Luther King would be justified in auditioning only black actors. <a data-id='entry015,entry016,entry017' class='ask-the-expert'>Ask the Expert</a> if you’d like to find out more."}},"ede-02-010-024":{"title":"Focus on Harassment","definition":{"paragraph1":"<strong>Harassment</strong>","paragraph2":"Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment."},"question1":{"question":"As you’ve seen, harassment can cover a wide range of behaviours. So which of the following statements do you think are true?","instruction":"Choose your answers, then select <strong>Confirm</strong>.","option1":"An individual can make a claim of harassment even if the offensive behaviour isn’t directed at them personally.","option2":"A person’s behaviour can amount to harassment even if there’s no deliberate intent to offend other people.","option3":"In order to be seen as harassment, the behaviour must be related to one of the protected characteristics defined in the Equality Act."},"text1":{"paragraph1":"Yes, that’s right. There a few key points to keep in mind here – let’s run through these now…","paragraph2":"That’s pretty close. There a few key points to keep in mind here – let’s run through these now…","paragraph3":"Not quite. There a few key points to keep in mind here – let’s run through these now…","paragraph4":"Individuals can make a claim of harassment even if the behaviour isn’t directed at them personally, so long as they can demonstrate it creates an offensive environment for them.","paragraph5":"It’s not what’s actually said or done that’s important – it’s the impact of what’s said or done on the other person. So even when there’s no malicious intent, a person’s words and actions can amount to harassment if they can be reasonably expected to violate dignity or create an intimidating, hostile, degrading, humiliating or offensive environment.","paragraph6":"It’s true that harassment related to most protected characteristics is unlawful under the Equality Act. Examples include racial jibes, homophobic remarks, sexist comments, and so on. Under the Act, even a single incident between two employees can be regarded as harassment, if it’s serious enough. But the Equality Act isn’t the only piece of legislation to consider.","paragraph7":"Under the Protection from Harassment Act of 1997, <em>all</em> forms of repeated harassment are unlawful, even if they’re not related to a protected characteristic. This effectively means that harassment encompasses <em>any</em> behaviour that can reasonably be seen as intimidating, offensive, hostile or degrading to another person."}},"ede-02-010-026":{"title":"Focus on Victimisation","definition":{"paragraph1":"<strong>Victimisation</strong>","paragraph2":"Detrimental treatment because a person has made, or intends to make, a complaint or enquiry about an equality matter, or support such a complaint or enquiry."},"text1":{"paragraph1":"While victimisation has been unlawful for many years, the introduction of the Equality Act greatly extended the scope of the legal protection offered.","paragraph2":"Traditionally, equality law only protected people who made complaints, or supported complaints, about discrimination or harassment. However, the Equality Act now also protects people who make enquiries about equality matters, providing these are made with the aim of establishing if unfair systems or practices are in place.","paragraph3":"And this protection even extends to enquiries about pay. The Equality Act bans pay secrecy clauses and makes it legitimate for employees to discuss pay with their colleagues, providing this is done with the purpose of establishing if discrimination is taking place. The Act’s aim is to erode long-standing inequalities by promoting greater openness and transparency within organisations."}},"ede-02-010-028":{"title":"The Penalties","text1":{"paragraph1":"It’s important to understand that the legislation we’ve been looking at has very real teeth: organisations and individuals who treat people less favourably can face legal action, stiff penalties and fines, and hefty compensation payments. What’s more, organisations can even be held <a data-id='vicarious-liability' class='glossary'>vicariously liable</a> for the actions of individual employees, if they failed to take reasonable steps to prevent such actions. <a data-id='entry008' class='ask-the-expert'>Ask the Expert</a> if you’d like to know more.","paragraph2":"But that’s often not the worst of it: in addition to all the direct costs, there are all the indirect costs associated with bad publicity and a damaged reputation. Make no mistake, equality is an issue nobody can afford to ignore!"}},"ede-02-010-030":{"title":"Public Sector Equality Duty","text1":{"paragraph1":"So far, we’ve focused on the aspects of equality legislation that apply to all organisations. However, as a public body it’s especially important that we advance equality. After all, we’re funded – and are here to serve – a highly diverse group of people: the public! It’s therefore only right that we’re as fair and inclusive as possible in all that we do.","paragraph2":"Not surprisingly, the Equality Act places a special legal duty on public bodies to advance equality. This is known as the Public Sector Equality Duty and requires us to:","paragraph3":"Eliminate unlawful discrimination, harassment, victimisation and any other unlawful conduct defined in the Act.","paragraph4":"Advance equality of opportunity.","paragraph5":"And foster good relations across the protected characteristics.","paragraph6":"But what does this mean in practice? Well, basically, we need to ensure that we:","paragraph7":"Consider the needs of people with different protected characteristics and the impact our activities could have on them.","paragraph8":"Take appropriate steps to remove or minimise anything that could disadvantage them.","paragraph9":"The aim of the Duty is to ensure that we, and all other public bodies, are able to recognise, understand and meet the needs of the diverse range of people we exist to serve. Here’s what we’re doing to fulfil our responsibilities:","paragraph10":"The aim of the Duty is to ensure that we, and all other public bodies, are able to recognise, understand and meet the needs of the diverse range of people we exist to serve."}},"ede-02-010-040":{"title":"Implications for the University","text1":{"paragraph1":"Equality legislation has a number of specific implications for us as a provider of educational services. Select each of the areas shown here to find out more. Select <strong>Continue</strong> when you’re ready to move on."},"option1-label":{"text":"Scope of the Legislation"},"option1-text":{"paragraph1":"It’s important to understand that equality legislation applies to <em>everyone</em> who works or studies here. So, for example, it’s unlawful for a member of staff to harass a work colleague or a student. And equally, it’s unlawful for a student to harass a member of staff or a fellow student."},"option2-label":{"text":"Admission and Treatment of Students"},"option2-text":{"paragraph1":"We must ensure that we’re as fair and inclusive as possible in our admission and treatment of students. This applies to many aspects of what we do, including:","paragraph2":"The arrangements we make for deciding who is offered admission as a student.","paragraph3":"The terms on which we offer to admit a person as a student.","paragraph4":"The provisions we put in place to ensure all students have fair access to the full range of facilities, services and benefits we offer.","paragraph5":"Of course, none of this is about lowering our standards; it’s just about ensuring everyone has a fair chance to take advantage of what we offer."},"option3-label":{"text":"Disabled Students"},"option3-text":{"paragraph1":"We must ensure that disabled students aren’t unfairly disadvantaged. This could involve:","paragraph2":"Making physical adjustments to our teaching and accommodation facilities in order to make them more accessible.","paragraph3":"Providing our teaching materials in alternative formats.","paragraph4":"Giving students with specific forms of impairment additional time to complete assessments or examinations."}},"ede-02-020-010":{"title":"The Law in Practice","text1":{"paragraph1":"Now that you’ve taken a whistle stop tour of equality legislation, let’s see how much of it you can apply to real situations.","paragraph2":"On the following screens, you’ll be able to explore a series of equality case studies and will need to decide how the law applies in each case. Select <strong>Continue</strong> when you’re ready to get started…"}},"ede-02-020-015":{"title":"Case Study Central","text1":{"paragraph1":"Use the case studies shown here to develop your understanding of equality legislation. Select each case study in turn and try to choose how the law applies in each case. Select <strong>Continue</strong> when you’ve finished."}},"ede-02-020-020":{"question1":{"question":"Given these concerns, Cheng reluctantly decides to turn Amber down and offer the job to the next best candidate. From a legal perspective, do you think he’s done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, mental health issues aren’t covered by the Equality Act, so while this may be a poor recruitment decision, it isn’t unlawful.","option2":"No, Amber herself doesn’t have mental health issues, so she’s not protected by the Equality Act.","option3":"Yes, Cheng is unlawfully discriminating against Amber on grounds of her son having mental health issues.","option4":"Yes, Cheng is unlawfully victimising Amber on grounds of her son having mental health issues."},"text1":{"paragraph1":"Cheng is a manager in a university admissions department who’s looking to fill a vacancy in his team. After an extensive interview and selection process, he’s identified Amber as the leading candidate: she’s highly qualified, has a great deal of relevant experience and comes highly recommended.","paragraph2":"But there’s a problem: Amber has a teenage son with serious mental health issues, and she’s made it clear she’ll need to work flexible hours, so she can provide him with the care and support he needs. Cheng has nothing against flexible working – in fact, a number of the team already work flexible hours – but he’s concerned that Amber’s care commitments will inevitably have an impact on her work."},"text2":{"paragraph1":"That’s right, Cheng has unlawfully discriminated against Amber.","paragraph2":"Actually, mental health issues are covered by the Equality Act, so Cheng hasn’t just made a poor recruitment decision; he’s also unlawfully discriminated against Amber.","paragraph3":"Well, it’s true that Amber herself doesn’t have mental health issues, but that doesn’t change the fact that Cheng has unlawfully discriminated against her.","paragraph4":"Well, Cheng has certainly behaved unlawfully, but that’s because he’s discriminated against Amber.","paragraph5":"Under the Equality Act:","paragraph6":"The protected characteristic of disability covers a wide range of conditions, including mental health issues.","paragraph7":"It’s not just unlawful to discriminate against someone because they have – or are thought to have – a protected characteristic; it’s also unlawful on grounds of them associating with anyone who has a protected characteristic. This is what’s known as <a data-id='discrimination-by-association' class='glossary'>discrimination by association</a>.","paragraph8":"Here, Cheng has turned Amber down for a job just because she’s caring for her disabled son. Of course, this does mean she’ll need to work flexible hours, but this hasn’t been a problem for other members of the team, and there’s nothing to suggest her care commitments will have any impact on her work. Given this, it’s difficult to see any justification for Cheng’s decision."},"title":"It’s Nothing Personal"},"ede-02-020-030":{"title":"Can You Hear Me?","text1":{"paragraph1":"Wayne works in the customer services department for a national bus company. He’s just been approached by Jean, who’s planning to visit an old school friend in Northampton. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think the way Jean has been treated could be regarded as unlawful?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, this is just an example of awful customer service.","option2":"Yes, this is an example of direct discrimination on the grounds of disability.","option3":"Yes, this is an example of indirect discrimination on the grounds of disability.","option4":"Yes, this is an example of victimisation."},"text2":{"paragraph1":"Yes, we’d agree with that. The way Jean has been treated amounts to direct discrimination on the grounds of disability.","paragraph2":"Well, this is certainly an example of awful customer service, but from a legal perspective, it also amounts to direct discrimination on the grounds of disability.","paragraph3":"Actually, we’d say this is an example of direct discrimination on the grounds of disability.","paragraph4":"The law requires organisations to make all “<a data-id='reasonable-adjustments' class='glossary'>reasonable adjustments</a>” possible to help disabled people have fair access both to employment opportunities and to goods and services. In the scene you just looked at, this simply wasn’t the case: Jean wasn’t able to get the information she was after and was humiliated by Wayne, just because she had a hearing impairment.","paragraph5":"It’s important to realise that when it comes to providing goods or services to the public, making reasonable adjustments is an anticipatory duty. In other words, organisations cannot simply wait until a disabled person tries to use a service before thinking about what reasonable adjustments could be made – they need to make them beforehand.","paragraph6":"So what should Wayne have done in this situation? Well, ideally his counter would have been fitted with an induction loop, so that anyone with a hearing aid could hear him clearly. Failing that, he could have taken Jean to a quiet room, or he could have printed off the information and used this to talk her through her options.","paragraph7":"The point is that with a bit of forethought and creative thinking, it’s usually very easy to accommodate the needs of disabled people and deliver an excellent level of service to everyone."}},"ede-02-020-040":{"question1":{"question":"From a legal perspective, do you think David might have a valid case to bring against the organisation?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, while Judith does seem to be treating David unfairly, there’s no evidence this is on grounds of any protected characteristic.","option2":"Yes, David could make a case for discrimination on grounds of race.","option3":"Yes, David could make a case for being harassed by Judith.","option4":"Yes, David could make a case for discrimination on grounds of gender reassignment."},"text1":{"paragraph1":"David has worked in Student Services at a university for over four years, and reports to Judith. Over the last six months, David has started the process of transitioning to male and using the pronoun ‘he’. He’s also started to dress and present himself as a man and has told his colleagues that he’s thinking of undergoing medical treatment to complete his transition to a male identity.","paragraph2":"David has an excellent work record and, until recently, was highly regarded by Judith, enjoying several promotions and career development opportunities. Since transitioning to male, however, David’s felt increasingly sidelined: he’s been given far fewer opportunities and Judith has stopped involving him in key decisions about the department. On top of all this, at his last appraisal, Judith was very non-committal about his future prospects and, for the first time since joining, he wasn’t given any further responsibilities."},"text2":{"paragraph1":"Yes, we’d agree with that. The unfair treatment seems to have been triggered by David’s gender reassignment. This is a protected characteristic, so he could make a strong case for unlawful discrimination on this basis.","paragraph2":"Actually, the unfair treatment seems to have been triggered by David’s gender reassignment. This is a protected characteristic, so he could make a strong case for unlawful discrimination on this basis.","paragraph3":"Well, Judith certainly does appear to be discriminating against David, but there’s no indication this is on the grounds of race. Her behaviour seems to have been triggered by David’s gender reassignment. This is a protected characteristic, so David could make a strong case for unlawful discrimination on this basis.","paragraph4":"Well, Judith certainly does appear to be treating David unfairly, but this is taking the form of discrimination, not harassment. And since it seems to have been triggered by David’s gender reassignment – which is a protected characteristic – he could make a strong case for unlawful discrimination on this basis."},"title":"Man Enough for the Job?"},"ede-02-020-050":{"title":"Out of the Closet","text1":{"paragraph1":"Graham has popped in to Alan’s office to update him on progress with some major re-development plans. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Graham has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, given the situation, he’s made a perfectly reasonable decision.","option2":"Yes, this is an example of direct discrimination on the grounds of gender.","option3":"Yes, this is an example of direct discrimination on the grounds of sexual orientation.","option4":"Yes, this is an example of sexual harassment."},"text2":{"paragraph1":"That’s spot on. This is a clear example of direct discrimination on the grounds of sexual orientation.","paragraph2":"Actually, this is a clear example of direct discrimination on the grounds of sexual orientation.","paragraph3":"Despite being a highly capable project manager, Zak has been excluded from an important presentation just because he’s gay. It doesn’t matter that Alan has made this decision on apparently business – rather than homophobic – grounds: it still unfairly discriminates against Zak, so it’s unlawful."}},"ede-02-020-060":{"title":"A Positive Choice?","text1":{"paragraph1":"Andy heads up a technical support department, and has just finished conducting short initial interviews for a vacancy in the team. He’s keen to get someone on board quickly and is running through the top candidates with Jim and Mark, who’ve been involved in the interviews. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"Given that there doesn’t seem to be much to choose between the two candidates, do you think Andy and his colleagues have done anything wrong from a legal perspective?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, they’ve made a perfectly reasonable and legal decision.","option2":"Yes, they’re guilty of direct discrimination on the grounds of sex.","option3":"Yes, they’re guilty of indirect discrimination on the grounds of sex.","option4":"Yes, they’re guilty of direct discrimination on the grounds of sexual orientation."},"text2":{"paragraph1":"Yes, that’s right, this is an example of direct discrimination on the grounds of sex. Let’s run through some of the key points to keep in mind about this scene.","paragraph2":"A lot of people choose this option, but it’s not the correct answer. In fact, this an example of direct discrimination on the grounds of sex. Let’s run through some of the key points to keep in mind about this scene.","paragraph3":"Actually, this is an example of direct discrimination on the grounds of sex. Let’s run through some of the key points to keep in mind about this scene.","paragraph4":"Under the Equality Act, organisations can choose to take “<a data-id='positive-action' class='glossary'>positive action</a>” in recruitment and promotion decisions. This enables them to favour candidates from under-represented protected groups, but – and it’s a big but – only when choosing between two or more candidates who are of equal merit.","paragraph5":"So, isn’t this the case here? Well, no. Andy and his colleagues have made a hurried decision on the basis of a short initial interview. What’s more, it’s clear that the candidates have different strengths and weaknesses, so it’s highly unlikely they really are of equal merit for the role.","paragraph6":"The key thing to keep in mind here is that positive action in recruitment and promotion doesn’t legitimise shortcutting the selection process, or picking candidates purely to meet equality quotas or targets. This is what’s known as <a data-id='positive-discrimination' class='glossary'>positive discrimination</a>, which is nearly always unlawful. <a data-id='entry001,entry002,entry003' class='ask-the-expert'>Ask the Expert</a> if you’d like to know more.","paragraph7":"There’s another factor to consider here too. Taking positive action in recruitment and promotion decisions isn’t a legal duty, it’s a voluntary measure that organisations can choose to adopt if they wish to do so. We’ve chosen not to adopt it, as it’s difficult to determine when two or more candidates are truly of equal merit.","paragraph8":"However, we do take other forms of positive action to ensure we have the best possible range of candidates to choose from when recruiting or promoting staff. <a data-id='entry001,entry002,entry003' class='ask-the-expert'>Ask the Expert</a> if you’d like to know more.","paragraph9":"So, given all of this, what should Andy and his colleagues have done? Well, they should have gone back over the candidates’ details and, if necessary, conducted a second round of interviews to establish exactly who would perform best in the role.","paragraph10":"So what should Andy and his colleagues have done? Well, they should have gone back over the candidates’ details and, if necessary, conducted a second round of interviews to establish exactly who would perform best in the role. If the candidates were evenly matched after this, they could then consider recruiting Tanya as a positive action measure, given that women are under-represented in the team."}},"ede-02-020-070":{"question1":{"question":"This isn’t what Phoebe wants, but she feels that she has no option other than to accept the role Ben has offered her. What do you think? Has Ben done anything wrong from a legal perspective?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, it’s fine for Ben to change Phoebe’s working hours like this, so long as he doesn’t reduce her rate of pay.","option2":"No, while this may be poor management, Ben hasn’t done anything legally wrong since Phoebe is no longer pregnant or on maternity leave.","option3":"Yes, Ben is discriminating against Phoebe on grounds of maternity.","option4":"Yes, Ben’s behaviour amounts to harassment.","option5":"Yes, Ben is victimising Phoebe."},"text1":{"paragraph1":"Phoebe has worked as a lecturer at a university for over five years and reports to the head of department, Ben. Last year, Phoebe took statutory maternity leave for the birth of her first child and has just returned to work.","paragraph2":"On her return, Ben meets with her to discuss her role going forward. He tells her that he’d now like her to job-share with Lawrence, the person he took on as cover during her maternity leave. Phoebe isn’t happy with this, but when she begins to complain, he reassures her that she’ll be paid at the same hourly rate as before, just for fewer hours. As he says, it should be a better arrangement all round, as it’ll give her more time with her child."},"text2":{"paragraph1":"Yes, that’s right. Ben has unlawfully discriminated against Phoebe on grounds of maternity.","paragraph2":"Actually, Ben has unlawfully discriminated against Phoebe on grounds of maternity.","paragraph3":"Well, Ben has certainly behaved unlawfully, but that’s because he’s unlawfully discriminated against Phoebe on grounds of maternity.","paragraph4":"The Equality Act protects women from being treated unfavourably on grounds of pregnancy or maternity. And this protection doesn’t just cover the period of their pregnancy and maternity leave, it also extends to when they return to work from maternity leave. Here, Phoebe has been offered less favourable terms of employment, so has clearly been discriminated against."},"title":"Baby Blues"},"ede-02-020-080":{"title":"A Good Advert?","text1":{"paragraph1":"Janet needs to recruit a new Management Accountant. It’s a senior position with a lot of responsibility. She’s called HR to discuss her requirements. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Janet has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, her requirements are quite reasonable given the nature of the job role.","option2":"Yes, she’s guilty of direct discrimination on the grounds of sex.","option3":"Yes, she’s guilty of direct discrimination on the grounds of age.","option4":"Yes, she’s guilty of indirect discrimination on the grounds of age."},"text2":{"paragraph1":"That’s right, this is pretty clear-cut case of indirect discrimination on the grounds of age.","paragraph2":"Actually, we’d say this is a pretty clear-cut case indirect discrimination on the grounds of age.","paragraph3":"While it’s reasonable to ask for a management accounting qualification, demanding at least 10 years’ work experience on top of this is excessive: it effectively excludes anyone below the age of 35. However, because Janet didn’t actually define a minimum age, this is <em>indirect</em> discrimination.","paragraph4":"What’s interesting about this scene is that many people think age legislation has been put in place solely to protect older people. And while that’s an important part of its role, it’s also there to protect younger people from unfair discrimination.","paragraph5":"Another point worth noting here is that, by expecting 10 years’ experience, Janet may also be indirectly discriminating against women too. That’s because women are more likely to have had breaks in their careers to raise families.","paragraph6":"So how many years’ experience could Janet have reasonably called for? Well, ideally, she should have avoided specifying any figure and concentrated instead on defining the actual skills required to carry out the job effectively."}},"ede-02-020-090":{"question1":{"instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"This is fine – after all, there’ll be some travel between the university’s two main campuses.","option2":"This is fine so long as Joyce adds an explanation of why a driving licence is required.","option3":"Joyce should re-consider: this requirement will indirectly discriminate against capable candidates.","option4":"Joyce should re-consider: this requirement directly discriminates against people who don’t have a driving licence.","option5":"Joyce should re-consider: this requirement effectively victimises people who don’t have a driving licence.","question":"So what do you think of this? Is it reasonable for Joyce to ask for a full driving licence, given the nature of the role, or should she re-consider?"},"text1":{"paragraph1":"Joyce works for a large university, based in a major city. She’s producing a job advertisement for a technician and, since the role will involve some travel between the university’s two main campuses in the city, she includes a requirement for a full driving licence."},"text2":{"paragraph1":"Yes, exactly. While this requirement may look reasonable at first glance, it indirectly discriminates against candidates who may well be perfectly capable of fulfilling the role.","paragraph2":"Not really. While this requirement may look reasonable at first glance, it indirectly discriminates against candidates who may well be perfectly capable of fulfilling the role.","paragraph3":"Well, you’re right to think this is unfair discrimination, but that’s because it <em>indirectly</em> discriminates against candidates who may well be perfectly capable of fulfilling the role.","paragraph4":"Well, you’re right to think this is an unfair requirement, but that’s because it indirectly discriminates against candidates who may well be perfectly capable of fulfilling the role.","paragraph5":"So, who’s being discriminated against? Driving itself isn’t a protected characteristic, so the answer isn’t simply non-drivers. Rather, it’s people who have a protected characteristic that makes them unable – or less likely – to drive. And in this case, the characteristic that’s most relevant is disability: while many disabled people do drive, a greater proportion don’t when compared to the non-disabled population.","paragraph6":"But can’t Joyce justify a driving licence as an essential occupational requirement for the role? We’d say she’d have an uphill struggle. While some travel between the university’s two main campuses is necessary, both are in the same city, so driving probably isn’t essential: public transport, car-sharing, taxis, cycling or walking are all likely to be viable alternatives.","paragraph7":"Of course, none of this means that asking for specific attributes, skills or qualifications is always discriminatory! It just means that they must be essential occupational requirements for the role. If they’re not, they could well be discriminatory."},"title":"Lacking Drive"},"ede-02-020-100":{"title":"No Place for Prayer?","text1":{"paragraph1":"In a busy support department, Malcolm and Alex are discussing work plans for the coming weeks, just as Kashif walks past. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Malcolm and Alex have done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, this is just a heated argument.","option2":"Yes, this is an example of victimisation.","option3":"Yes, this is an example of racial discrimination.","option4":"Yes, this is an example of harassment on religious grounds."},"text2":{"paragraph1":"Yes, that’s right, this is a pretty clear example of harassment on religious grounds.","paragraph2":"Actually, we’d say this is a pretty clear example of harassment on religious grounds.","paragraph3":"Malcolm and Alex made a number of insulting and derogatory remarks about Kashif’s religious convictions, like the one about him needing a drink. Behaviour of this sort is unlawful and shouldn’t have to be tolerated by anyone at work."}},"ede-02-020-110":{"question1":{"question":"So, how do you view Anne's responsibilities in this situation?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"Anne’s quite right: she’s not responsible for the courier’s behaviour, so Malika’s just going to have to put up with it.","option2":"Anne isn’t legally obliged to do anything, but as good management practice should take action to prevent Malika from continuing to be harassed by the courier.","option3":"Anne has a legal responsibility for taking action to prevent Malika from continuing to be harassed by the courier.","option4":"Anne has a legal responsibility to report the courier to the police, so that they can then take any necessary action."},"text1":{"paragraph1":"Malika moved from Kenya to the UK in her teens and recently started working on the reception desk at a university. Initially, she was accompanied by an experienced colleague, who showed her the ropes. For the past couple of months, though, she’s worked largely on her own.","paragraph2":"While Malika hasn’t had any problems with the work itself, she does have an issue with one of the couriers who regularly delivers packages to the building. He keeps joking about her name – pretending he can’t pronounce it – and impersonating her accent. He finds it particularly funny to say things like: “Sorry, nothing from Africa today.”","paragraph3":"Malika’s already asked the courier to stop pestering her, but he just laughed it off, saying she needed to get used to the British sense of humour. Since then, he’s started to make even more comments and remarks about her African background and appearance.","paragraph4":"Malika has complained about the courier to her line manager, Anne, on several occasions. But while Anne’s been sympathetic, she’s made it clear that there’s not much she can do: the courier isn’t employed by her and she’s not responsible for his actions. What’s more, as she says, Malika’s in a front-line role, so will inevitably encounter this type of behaviour from time-to-time."},"text2":{"paragraph1":"Yes, you’re absolutely right. Anne has a legal responsibility for taking action to protect Malika.","paragraph2":"Actually, Anne has a legal responsibility for taking action to protect Malika, so can’t just ignore what’s happening.","paragraph3":"Actually, Anne has a legal responsibility for taking action to protect Malika, so it’s more than just a matter of management good practice.","paragraph4":"Well, Anne certainly has a legal responsibility for taking action to protect Malika, but that doesn’t necessarily mean reporting the matter to the police.","paragraph5":"This is an example of what’s known as <a data-id='third-party-harassment' class='glossary'>third party harassment</a> – in this case, on grounds of race – and, since it’s not a one-off incident, Anne has a legal responsibility for taking reasonable steps to prevent it. There’s a lot of confusion about the how the law applies to incidents of third party harassment, so it’s worth running through the key points here…","paragraph6":"While harassment by third parties isn’t specifically covered by the Equality Act, that doesn’t mean employers can wash their hands of it! In fact, they could be seen as responsible for the harassment if – through inaction – they’ve contributed to creating a hostile, intimidating or degrading environment for their employees.","paragraph7":"But the Equality Act isn’t the only law that’s relevant here: under health and safety legislation, all employers have an overriding legal responsibility for taking reasonable steps to protect their employees from foreseeable physical or psychological injury. And of course, one potential cause of such injury is harassment by third parties.","paragraph8":"So, what sort of reasonable steps can Anne take to protect Malika? Well, she should first consider speaking to the courier herself, to make it clear that his behaviour is unacceptable and won’t be tolerated. But if this isn’t appropriate, or doesn’t work, she should report the issue to the company employing him, so that they can take action as his employer. The point is that no one should have to put up with harassment, whether that’s from co-workers or third parties."},"title":"No One to Turn to?"},"ede-02-020-120":{"question1":{"question":"So what’s your take on what you’ve just seen? From a legal perspective, do you think Leonard has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, Leonard isn’t trying to hold Alana’s career back – quite the opposite in fact.","option2":"Yes, Leonard’s behaviour amounts to sexual harassment.","option3":"Yes, Leonard’s behaviour amounts to racial harassment.","option4":"Yes, Leonard’s behaviour amounts to sexual discrimination."},"text1":{"paragraph1":"Since graduating last year, Alana has worked as a Research Assistant in Environmental Engineering at a university. She reports to the Project Lead, Leonard, and is midway through a review meeting with him. Select the <strong>Play</strong> button to view the scene."},"text2":{"paragraph1":"Yes, we’d agree with that. Leonard’s suggestive remarks about Alana’s appearance, and the way he’s using his position of authority to try and coerce her into a personal relationship, amount to sexual harassment.","paragraph2":"Actually, we’d say that Leonard’s suggestive remarks about Alana’s appearance, and the way he seems to be using his position of authority to coerce her into a personal relationship, amount to sexual harassment.","paragraph3":"Well, we’d agree that Leonard is behaving unlawfully. However, we’d say that his suggestive remarks about Alana’s appearance, and the way he’s using his position of authority to try and coerce her into a personal relationship, make this a case of sexual – rather than racial – harassment.","paragraph4":"Well, it’s true that Leonard is behaving unlawfully. However, we’d say that his suggestive remarks about Alana’s appearance, and the way he’s using his position of authority to try and coerce her into a personal relationship, make this a case of sexual harassment, rather than discrimination.","paragraph5":"Of course, Leonard may not be deliberately attempting to make Alana feel uncomfortable or intimidated, but that’s not the key consideration in cases of harassment: it’s the impact that the behaviour is having on the other person.","paragraph6":"So does all this mean that developing any form of personal relationship with a colleague is likely to be seen as harassment? Well, no. While mixing a professional and personal relationship can be a challenge, the reality is that many couples meet through work and there’s no law prohibiting this! The key thing is that neither person feels pressured or coerced, and that it doesn’t have any bearing on their work."},"title":"A Step Up the Ladder?"},"ede-02-020-130":{"question1":{"question":"Tamsin’s certainly not happy with Fahim and Lucy. So what’s your take on this scene? Do you think they’ve over-stepped the mark from a legal perspective?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, they’re not insulting Sandra to her face – she’s not even in the room – so while their behaviour is unprofessional, it’s not unlawful.","option2":"Yes, their behaviour amounts to direct discrimination.","option3":"Yes, their behaviour amounts to indirect discrimination.","option4":"Yes, their behaviour amounts to harassment.","option5":"Yes, their behaviour amounts to victimisation."},"text1":{"paragraph1":"Fahim, Lucy and Tamsin work in the Staff Development department at a university. They’ve got together to discuss logistics for a new workshop, but Fahim has something he needs to get off his chest first. Select the <strong>Play</strong> button to view the scene."},"text2":{"paragraph1":"Yes, that’s right. Fahim and Lucy’s homophobic and derogatory remarks are unacceptable and amount to harassment.","paragraph2":"Actually, the fact that Fahim and Lucy aren’t insulting Sandra to her face is irrelevant, their homophobic and derogatory remarks still amount to harassment.","paragraph3":"Well, we’d agree that Fahim and Lucy over-stepped the mark, but that’s because their homophobic and derogatory remarks amount to harassment.","paragraph4":"The key point here is that an individual – like Tamsin – can make a claim of harassment even when the harassing behaviour isn’t directed at them personally. That’s because harassment encompasses any behaviour that can reasonably be seen as intimidating, offensive, hostile or degrading to another person."},"title":"Hot Gossip"},"ede-02-020-140":{"title":"Short on Humour","text1":{"paragraph1":"Tim works for Marianne in purchasing. While they get on quite well, Marianne likes to pull Tim’s leg about his height – at 5ft 3in, he’s the shortest person in the team. Recently, Marianne referred to him as “tiny Tim” during a meeting with an external supplier, which really embarrassed Tim.","paragraph2":"After the meeting, Tim spoke to Marianne about how he felt. However, Marianne just laughed it off, telling him that she was only joking and didn’t mean anything by it. She even ended the discussion by remarking that for a small guy, he had a mighty big ego."},"question1":{"question":"What are your thoughts on this? From a legal perspective, do you think Marianne has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"No, while this is poor management, Marianne hasn’t done anything unlawful as height isn’t a protected characteristic.","option2":"Yes, Marianne’s behaviour amounts to harassment.","option3":"Yes, Marianne’s behaviour amounts to direct discrimination.","option4":"Yes, Marianne’s behaviour amounts to indirect discrimination.","option5":"Yes, Marianne is victimising Tim."},"text2":{"paragraph1":"Yes, we’d agree with that. While Marianne’s remarks and put-downs aren’t related to a protected characteristic, her behaviour still amounts to harassment.","paragraph2":"Actually, the fact that Marianne’s remarks and put-downs aren’t related to a protected characteristic is irrelevant: this still amounts to harassment.","paragraph3":"Well, you’re right that Marianne is behaving unlawfully, but that’s because her behaviour amounts to harassment.","paragraph4":"The key piece of legislation here is the Protection from Harassment Act of 1997. Under this Act, all forms of repeated harassment are unlawful, even if they’re not related to a protected characteristic. In other words, harassment encompasses any behaviour that can reasonably be seen as intimidating, offensive, hostile or degrading to another person."}},"ede-02-020-150":{"title":"Can’t Take a Joke?","text1":{"paragraph1":"Maggie and a few of her colleagues are having a coffee break, and discussing some breaking news, just as Jude arrives on the scene. Select the <strong>Play</strong> button to see what happens."},"question1":{"question":"From a legal perspective, what would you say Maggie’s behaviour amounts to?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"Direct discrimination","option2":"Indirect discrimination","option3":"Harassment","option4":"Victimisation","option5":"None of the above"},"text2":{"paragraph1":"Yes, that’s right, Maggie is victimising Jude. Victimisation is when someone receives detrimental treatment because they have made, or intend to make, a complaint about harassment or discrimination, or support such a complaint. In this case, Jude is clearly being victimised for lodging a complaint against Derek.","paragraph2":"Actually, Maggie is victimising Jude. Victimisation is when someone receives detrimental treatment because they have made, or intend to make, a complaint about harassment or discrimination, or support such a complaint. In this case, Jude is clearly being victimised for lodging a complaint against Derek."}},"ede-02-020-160":{"question1":{"question":"So what are your thoughts on Dmitri’s behaviour? Would you say he’s doing anything wrong from legal perspective?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"No, Dmitri is entitled to reject Hugh’s ideas if he doesn’t agree with them.","option2":"Yes, Dmitri’s behaviour amounts to victimisation.","option3":"Yes, Dmitri’s behaviour amounts to harassment.","option4":"Yes, Dmitri’s behaviour amounts to direct discrimination.","option5":"Yes, Dmitri’s behaviour amounts to indirect discrimination."},"text1":{"paragraph1":"Hugh has worked as a maths lecturer at a university for the past 12 years. He reports to the Head of Department, Dmitri.","paragraph2":"Hugh is highly regarded and used to have a very positive relationship with Dmitri. That changed a few months ago, though, after Dmitri took on a young and inexperienced new lecturer, Tanvir. Hugh was asked to mentor Tanvir, which he was only too pleased to do. However, during one of their meetings, Tanvir queried aspects of his job package, which highlighted that he was enjoying several perks that hadn’t been made available to Hugh.","paragraph3":"After the meeting, Hugh queried the disparities with Dmitri, who initially tried to deny any unfairness. However, when Hugh escalated the matter as potential age discrimination, Dmitri backed down and agreed to bring Hugh’s job package in line with Tanvir’s.","paragraph4":"So far, so good for Hugh. The trouble is that ever since all of this, Dmitri’s attitude towards him has changed. While he’s still civil, he no longer asks for Hugh’s opinion when making key decisions. What’s more, during meetings he now seems to reject Hugh’s ideas and suggestions out of hand, without any good reason. Not surprisingly, Hugh’s feeling increasingly isolated and side-lined."},"text2":{"paragraph1":"Yes, that’s right. It’s pretty clear that Dmitri is treating Hugh less favourably and that this has been triggered by Hugh’s age discrimination complaint. That makes this a case of unlawful victimisation.","paragraph2":"Actually, we’d say it’s pretty clear that Dmitri is treating Hugh less favourably and that this has been triggered by Hugh’s age discrimination complaint. That makes this a case of unlawful victimisation.","paragraph3":"Well, it’s true that Dmitri is treating Hugh less favourably. However, it’s pretty clear that this has been triggered by Hugh’s age discrimination complaint, which makes this a case of unlawful victimisation, rather than anything else."},"title":"Got a Grudge?"},"ede-02-020-170":{"title":"An Indecent Proposition?","text1":{"paragraph1":"Four new starters have met up over lunch. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Sandeep has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, he’s behaved in a perfectly acceptable way.","option2":"Yes, his behaviour could be seen as sexual harassment.","option3":"Yes, his behaviour could be seen as racial harassment.","option4":"Yes, his behaviour could be seen as victimisation."},"text2":{"paragraph1":"Yes, that’s right. Asking someone out on a date in a social situation like this is perfectly acceptable. Sandeep was very polite and not at all pushy.","paragraph2":"Actually, there’s nothing to suggest Sandeep has done anything wrong. Asking someone out on a date in a social situation like this is perfectly acceptable. Sandeep was very polite and not at all pushy.","paragraph3":"So when can this sort of situation become more serious? Well, if Trish turned Sandeep down but he continued to pester her after she’d made it clear that his advances were unwelcome, then this could be seen as sexual harassment."}},"ede-02-020-170-01":{"title":"An Indecent Proposition?","text1":{"paragraph1":"It’s the start of another week for Oscar, Trish, Sandeep and Abby, four friends who are studying at university. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Sandeep has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, he’s behaved in a perfectly acceptable way.","option2":"Yes, his behaviour could be seen as sexual harassment.","option3":"Yes, his behaviour could be seen as racial harassment.","option4":"Yes, his behaviour could be seen as victimisation."},"text2":{"paragraph1":"Yes, that’s right. Asking someone out on a date in a social situation like this is perfectly acceptable. Sandeep was very polite and not at all pushy.","paragraph2":"Actually, there’s nothing to suggest Sandeep has done anything wrong. Asking someone out on a date in a social situation like this is perfectly acceptable. Sandeep was very polite and not at all pushy.","paragraph3":"So when can this sort of situation become more serious? Well, if Trish turned Sandeep down but he continued to pester her after she’d made it clear that his advances were unwelcome, then this could be seen as sexual harassment."}},"ede-02-020-180":{"question1":{"question":"Well, Gozie was obviously looking forward to lunch, but is going to have to postpone his plans. So what’s your view on this? Do you think Janice has crossed any lines from a legal perspective?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, Janice is guilty of nothing more than assertive management.","option2":"Yes, Janice is clearly bullying Gozie.","option3":"Yes, Janice’s behaviour amounts to racial harassment.","option4":"Yes, Janice’s behaviour amounts to racial discrimination.","option5":"Yes, Janice is victimising Gozie."},"text1":{"paragraph1":"Janice heads up the Staff Development department at a university and is in the middle of her monthly review meeting with the three team leaders who report to her: Gozie, Tamsin and Fahim. Select the <strong>Play</strong> button to view the scene."},"text2":{"paragraph1":"Yes, we’d agree with that. On the face of it, this is purely a performance issue and Janice has done nothing more than exercise assertive management to ensure Gozie focuses on sending through the information she needs... as previously agreed.","paragraph2":"Well, Janice is certainly exercising assertive management, but we wouldn’t say anything about her behaviour amounts to bullying. On the face of it, this is purely a performance issue and Janice is just trying to ensure Gozie focuses on sending through the information she needs... as previously agreed.","paragraph3":"Well, Janice is certainly exercising assertive management, but we wouldn’t say anything about her behaviour amounts to harassment – racial or otherwise. On the face of it, this is purely a performance issue and Janice is just trying to ensure Gozie focuses on sending through the information she needs... as previously agreed.","paragraph4":"Well, Janice is certainly exercising assertive management, but we wouldn’t say anything about her behaviour amounts to discrimination – racial or otherwise. On the face of it, this is purely a performance issue and Janice is just trying to ensure Gozie focuses on sending through the information she needs... as previously agreed.","paragraph5":"Well, Janice is certainly exercising assertive management, but we wouldn’t say there’s any indication she’s victimising Gozie. On the face of it, this is purely a performance issue and Janice is just trying to ensure Gozie focuses on sending through the information she needs... as previously agreed.","paragraph6":"While there’s no denying that Janice was firm with Gozie, she remained professional and calm throughout, clearly explaining what she needs and why she needs it. And it’s not like she’s asked for the impossible: everyone had a full month’s notice, and Tamsin and Fahim had no problem hitting the deadline. Given all this, her behaviour seems perfectly reasonable.","paragraph7":"So when could a situation like this become more serious? Well, if Janice became aggressive or insulting, or started to unfairly single Gozie out for criticism, then this could well be considered harassing or discriminatory behaviour."},"title":"Working Lunch"},"ede-02-020-190":{"title":"Wish You Were Here","text1":{"paragraph1":"Chris is a lecturer at a university and is just wrapping up a geology seminar with some of his first year students. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Chris has done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, he’s behaved in a perfectly acceptable way.","option2":"Yes, this is an example of direct discrimination on the grounds of disability.","option3":"Yes, this is an example of indirect discrimination on the grounds of disability.","option4":"Yes, this is an example of victimisation."},"text2":{"paragraph1":"Yes, we’d agree with that, this is an example of direct discrimination on the grounds of disability. We have a legal obligation to make all reasonable adjustments possible in order to ensure disabled students are able to access the full range of services we offer.","paragraph2":"Actually, this is an example of direct discrimination on the grounds of disability. We have a legal obligation to make all reasonable adjustments possible in order to ensure disabled students are able to access the full range of services we offer.","paragraph3":"It’s important to realise that making reasonable adjustments is an anticipatory duty – in other words, we cannot simply wait until a disabled person applies to do a course or tries to use a service before thinking about what reasonable adjustments could be made.","paragraph4":"So what should Chris have done in this situation? Well, ideally he should have thought of Sue’s needs and booked suitable transport much earlier. Failing that, he should have offered Sue an alternative form of transport so that she wasn’t excluded from the trip. He should also have made any necessary preparations to ensure that Sue was able to participate as fully as possible during the field trip.","paragraph5":"The point is that with a bit of forethought and creative thinking, it’s usually very easy to accommodate the needs of disabled people."}},"ede-02-020-200":{"title":"No Peace or Quiet","text1":{"paragraph1":"It’s late in the evening at a university’s halls of residence. Deepak’s trying to revise but has been disturbed by Terry and George, who’ve just got back from a night out. Select the <strong>Play</strong> button to view the scene."},"question1":{"question":"From a legal perspective, do you think Terry and George have done anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, this is just a heated argument.","option2":"Yes, this is an example of racial harassment.","option3":"Yes, this is an example of racial discrimination.","option4":"Yes, this is an example of victimisation."},"text2":{"paragraph1":"Yes, that’s right, this is a pretty clear example of racial harassment.","paragraph2":"Actually, we’d say this is a pretty clear example of racial harassment.","paragraph3":"Terry and George used a number of racial insults and jibes. Terms such as “Paki” are highly offensive, as are comments that reinforce negative stereotypes, like the one about running a newsagent. Behaviour of this sort is unlawful and will not be tolerated anywhere in the university."}},"ede-02-040-010":{"text1":{"paragraph1":"Now that you’ve finished this section, you should be familiar with key equality legislation, and know what sorts of behaviour can be regarded as discrimination, harassment or victimisation.","paragraph2":"In the next section, we’ll look at what you should do if you encounter unacceptable behaviour at work. Select <strong>Continue</strong> to move on to the next section now, or <strong>Home</strong> to return to the course menu."},"title":"Summary"},"ede-03":{"description":"Learn how to break down negative stereotypes and preconceptions.","title":"Breaking down the barriers"},"ede-03-000-010":{"title":"Introduction","text1":{"paragraph1":"If you’re going to play a full role in promoting equality, diversity and inclusion, you first need to know what you’re up against. And that means understanding the main barriers you’re likely to face.","paragraph2":"In this section, we’ll consider what these barriers are, how they form, and how they can cause unfairness. More importantly, though, we’ll also look at some of the practical things you can do to break them down. Select <strong>Continue</strong> to get started."}},"ede-03-010-010":{"title":"Understanding Prejudice","text1":{"paragraph1":"So, why do some people treat other people unfairly? Well, at the root of most inequality is prejudice – a groundless negative attitude towards members of a particular group. A well-known example is racial prejudice.","paragraph2":"But where do our prejudices come from? In this section, we’re going to focus on what are widely seen as three key triggers: preconceptions, unconscious bias and stereotypes. Let’s get started with a brainteaser…"}},"ede-03-020-010":{"title":"Preconceptions Brainteaser","text1":{"paragraph1":"A pilot and a nurse marry.","paragraph2":"One day, they’re out flying<br/>together in a light aircraft.","paragraph3":"They hit heavy turbulence<br/>and he’s knocked unconscious.","paragraph4":"His wife, however, manages to<br/>control and land the plane safely."},"question-header":{"text":"How is this possible?"},"question-footer":{"text":"Enter your thoughts into the text box, then select <strong>Confirm</strong> to see how you did."},"text2":{"paragraph1":"The wife is the pilot, the nurse is her husband, so of course she could land the plane!","paragraph2":"As you’ve probably already realised, this brainteaser was designed to expose any preconceived ideas – or preconceptions – that you may have about gender roles in society. If you got the right answer, then this indicates you probably don’t have strong preconceptions in this area, which is great. However, that doesn’t mean you don’t have strong preconceptions in other areas!"}},"ede-03-020-020":{"title":"From Preconceptions to Prejudice","text1":{"paragraph1":"As we grow up, we subconsciously develop deep-rooted preconceptions about the world, based on the things we see and experience around us. Collectively, these preconceptions define our understanding of what’s “normal” and underpin our values and beliefs.","paragraph2":"While preconceptions are natural, they can be major barriers to equality. The danger is that they can remain frozen in time and prevent us from seeing or accepting how the world is changing around us. And that applies to the roles that different people fulfil in society.","paragraph3":"Worse still, our preconceptions can trigger <a data-id='unconscious-bias' class='glossary'>unconscious bias</a> for or against particular groups of people. For example, thinking all pilots are male and all nurses are female may seem pretty harmless in itself. Trouble is, it’s just a small step away from assuming that only males are capable of being pilots and only females are capable of being nurses.","paragraph4":"It’s when we take this step that our preconceptions and biases become prejudices that can cause us to make unfair and discriminatory decisions. And because we’re not consciously aware of them, we don’t even know we’re doing it!"}},"ede-03-020-030":{"title":"Breaking Down Preconceptions","text1":{"paragraph1":"So what can you do to break down preconceptions and minimise the effects of unconscious bias?","paragraph2":"Well, the first step is simply to try and become consciously aware of them. Analyse your views and expectations of particular groups of people and where these come from. To get you started, it might help to think back to situations in which you’ve been surprised to see a particular person fulfilling a certain role. Try to identify the reasons why you felt surprised: what do they reveal about how you view the world?","paragraph3":"Secondly, when you’re making decisions about people, always ensure these are based on concrete, objective facts, rather than vague “hunches” or “gut feelings”. This should help to ensure you’re not influenced by unconscious bias.","paragraph4":"Last but not least, always try to be positive about changes within society and don’t simply dismiss them out of hand. People often take a negative view of change just because they don’t like things to change. Remember, history has shown that the most successful people and organisations are those that most readily grasp the opportunities presented by change."}},"ede-03-030-010":{"title":"What are Stereotypes?","text1":{"paragraph1":"While preconceptions and unconscious bias can trigger prejudice, so too can stereotypes. Let’s start our exploration of stereotypes with a simple exercise…"},"question-header":{"text":"Look at each of the objects shown here and try to group them into three categories by dragging them into the boxes."},"question-footer":{"text":"When you’ve finished select <strong>Confirm</strong>."},"drop-label1":{"text":"CATEGORY 1"},"drop-label2":{"text":"CATEGORY 2"},"drop-label3":{"text":"CATEGORY 3"},"text2":{"paragraph1":"That’s right, while the objects are all different, they can be grouped together as aeroplanes, cars and motorcycles. But that was really easy, wasn’t it?","paragraph2":"Well, that’s certainly an interesting response. However, most people would have grouped the objects as aeroplanes, cars and motorcycles, as is now shown.","paragraph3":"The point of this exercise was to illustrate how good the human brain is at spotting patterns and placing things into categories. So why exactly are we so good at doing this?","paragraph4":"Well, in our day-to-day lives, we’re bombarded by information. If you just walk down the street looking carefully around, you’ll see thousands of different things: different cars, different houses, different people, and so on. Without some way of being able to simplify the complexity of the world around us, we just wouldn’t be able to rapidly take in situations and react to them. And in primeval times, speed of reaction was often the difference between life and death."},"text3":{"paragraph1":"So how does all of this apply to stereotypes? Well, in the same way as we place objects around us into categories, we do the same with people. This could be on the basis of any number of characteristics: age, sex, race, colour and so on.","paragraph2":"Now there’s nothing wrong with this in itself. In fact, in certain situations it can be useful to group people by certain characteristics – people with specific medical conditions, for example.","paragraph3":"It only becomes a problem when we take things a step further and not only place people into groups, but also make generalisations about the behaviour, skills and capabilities of these groups. For example: “Old people aren’t very good with computers”, “Women aren’t assertive enough for senior roles”, and so on.","paragraph4":"A generalisation about a particular group of people is what’s known as a “stereotype” and all too often forms the basis of prejudice. Like our preconceptions, we often pick up stereotypes during our formative years. However, we’re often more consciously aware of them. So how exactly do stereotypes create barriers to equality?","paragraph5":"The answer is when we start treating people on the basis of a stereotype, rather than their merits as an individual. So, for example, thinking that older people aren’t very good with computers is one thing; going beyond this by, say, rejecting all older people for roles involving computers is quite another.","paragraph6":"In fact, it’s nothing less than direct discrimination, which is unlawful."}},"ede-03-030-040":{"title":"Self-Fulfilling Prophecies?","text1":{"paragraph1":"What makes stereotypes particularly damaging is that they can become what’s known as “self-fulfilling prophecies”. Let’s take a look at how this can happen…","paragraph2":"Meet Amisha, who manages an administration department. As in the rest of the organisation, IT is playing an increasingly important role in Amisha’s department.","paragraph3":"Mike is one of the people on Amisha’s team. He’s worked at the organisation for a long time, in a wide range of roles. He’s now in his fifties.","paragraph4":"Because of Mike’s age, Amisha believes that he’s not very interested or capable when it comes to using computers and IT systems. This belief isn’t initially based on anything Mike’s said or done – it’s just derived from Amisha’s stereotyped view of older people.","paragraph5":"Amisha therefore doesn’t give Mike many opportunities to go on IT training courses and tends to steer him away from work involving computers. In other words, she discriminates against him.","paragraph6":"Not surprisingly, Mike’s IT skills start to fall behind those of his younger colleagues.","paragraph7":"As a result, when Mike does need to use a computer, he invariably needs lots of help and takes a long time to get anything done.","paragraph8":"All of which reinforces Amisha’s stereotyped view that Mike – like all older people – isn’t very good with computers.","paragraph9":"As you can see, the cycle now starts again. It’s called a self-fulfilling prophecy because Amisha’s initial belief has created a chain of events that inevitably validates this belief. Once a cycle like this starts, it’s very difficult for anyone to break out of it."}},"ede-03-030-050":{"title":"Breaking Down Stereotypes","text1":{"paragraph1":"So how can you break down stereotypes and avoid the self-fulfilling prophecy trap? Select each of the buttons shown here for some tips. Select <strong>Continue</strong> when you’ve finished."},"option1-label":{"text":"Step 1"},"option1-text":{"paragraph1":"The most important thing is to always focus on the individual. Take time to get to know and understand people, so that you can see beyond any superficial characteristics. And don’t look for characteristics that enable you to pigeonhole people, instead look for the things that make each person unique."},"option2-label":{"text":"Step 2"},"option2-text":{"paragraph1":"Be aware of the stereotypes you’ve been exposed to and think through how they might interfere with the way you perceive and interact with other people. This will help you spot when you’re starting to treat someone as a stereotype, rather than a person."},"option3-label":{"text":"Step 3"},"option3-text":{"paragraph1":"Recognise that we all belong to many different groups, none of which can come close to explaining or defining who we are as individuals. To think that everyone within a particular group is the same, is as misguided as thinking all the non-fiction books in a library are the same!"}},"ede-03-040-010":{"title":"Summary","text1":{"paragraph1":"In this section, you explored some of the main barriers to equality, diversity and inclusion: prejudice, preconceptions, unconscious bias and stereotypes. You looked at how these barriers form and what you can do to break them down.","paragraph2":"In the next section, we’ll look at what you should do if you encounter unacceptable behaviour at work. Select <strong>Continue</strong> to move on to the next section now, or <strong>Home</strong> to return to the course menu."}},"ede-04":{"description":"Explore the steps you should take if you feel that you, or anyone else, is being treated unfairly.","title":"Challenging unacceptable behaviour"},"ede-04-000-010":{"title":"Introduction","text1":{"paragraph1":"As you’ve already seen, comprehensive equality legislation has been put in place to help ensure people are treated fairly. However, the fact is that without action from you and everyone else who works here, all of this amounts to nothing more than words on paper.","paragraph2":"In this section, we’ll explore why it’s so important for you to challenge unacceptable behaviour, and the steps you should take if you feel that you, or anyone else, is being treated unfairly."}},"ede-04-050-010":{"title":"Challenging Unacceptable Behaviour","text1":{"paragraph1":"If you see – or are subject to – any forms of harassment or discrimination, you have a responsibility to take action. But exactly what action can you take? Let’s find out..."},"text2":{"paragraph1":"It’s lunchtime and Stuart, Peter and Harry are having a chat over a coffee. Select the <strong>Play</strong> button to view the scene."},"text3":{"paragraph1":"So, what did you make of that? People sometimes claim that behaviour like this is excusable or even harmless, but the fact is, even so-called “low-level” harassment – whether it’s sexist, homophobic, racist or anything else – can have a damaging impact.","paragraph2":"That’s why you should always challenge unacceptable behaviour, whether it’s aimed at you or someone else, otherwise it’s likely to happen again. The problem is, challenging people takes courage and confidence, so let’s take a look at some practical tips and guidelines that can help."}},"ede-04-050-020":{"title":"Tips & Guidelines","text1":{"paragraph1":"Select each of the steps shown here for tips and guidelines on how to challenge unacceptable behaviour effectively. Select <strong>Continue</strong> when you’ve finished."},"option1-label":{"text":"Step 1"},"option1-text":{"paragraph1":"For greatest effect, always challenge unacceptable behaviour immediately. Don’t wait around in the hope that there’ll be a better opportunity later."},"option2-label":{"text":"Step 2"},"option2-text":{"paragraph1":"Speak calmly but firmly and don’t be tempted to smile or laugh, otherwise they may not take you seriously."},"option3-label":{"text":"Step 3"},"option3-text":{"paragraph1":"Be clear and specific:","paragraph2":"Tell them exactly what you found unacceptable.","paragraph3":"Describe how it made you feel.","paragraph4":"Explain what you want them to do – or stop doing – in the future.","paragraph5":"For example, you might say “I don’t like the suggestive comments you’ve been making, they make me feel embarrassed and uncomfortable. I’d appreciate it if you could cut them out.”"},"option4-label":{"text":"Step 4"},"option4-text":{"paragraph1":"If the person tries to laugh off your challenge, tell them that you’re being serious and make it clear to them that their behaviour is unacceptable and could have serious repercussions for them."},"option5-label":{"text":"Step 5"},"option5-text":{"paragraph1":"If the person starts to argue and the situation becomes confrontational, simply walk away. This will demonstrate how seriously you feel about their behaviour."},"text2":{"paragraph1":"Now let’s revisit the scene we looked at earlier to see how all of this can work in practice…"}},"ede-04-050-030":{"title":"Putting It Into Practice","text1":{"paragraph1":"Back at lunch, Harry has had enough and decides to speak up. Select <strong>Play</strong> to see what happens."},"text2":{"paragraph1":"Well, that seems to have done the trick on this occasion! The secret was Harry’s approach:","paragraph2":"He calmly told Peter what he found unacceptable.","paragraph3":"He described the effect it was having.","paragraph4":"And he explained what he wanted Peter to do.","paragraph5":"Of course, only time will tell whether Peter has really taken on board what Harry said, but at the very least, it’s a good start."}},"ede-04-050-040":{"title":"Escalating the Problem","text1":{"paragraph1":"As you’ve just seen, speaking to the other person can often be an effective way of stopping unacceptable behaviour. But what happens if it doesn’t work, or if you just don’t feel able to do it?","paragraph2":"Well, in this case, you should follow the guidelines shown here:","paragraph3":"Whatever you do, don’t suffer in silence. If you feel that you, or anyone else, is being treated unfairly, we’ll provide you with the support you need to resolve the matter satisfactorily."},"text2":{"paragraph1":"You should first consider speaking to your line manager, who’ll be able to provide you with advice and talk you through your options. If this isn’t appropriate, or fails to resolve matters satisfactorily, then you can contact a member of the HR Department."}},"ede-04-060-010":{"title":"Summary","text1":{"paragraph1":"In this section we looked at why it’s so important for you to challenge unacceptable behaviour, and the steps you should take if you feel you, or anyone else, is being treated unfairly.","paragraph2":"In the next section, we’ll look at the policies and guidelines we’ve put in place to promote equality, diversity and inclusion. Select <strong>Continue</strong> to move on to the next section now, or <strong>Home</strong> to return to the course menu.","paragraph3":"In the next section, you’ll be able to test your knowledge of what we’ve covered in this course. Select <strong>Home</strong> to return to the course menu."}},"ede-05":{"description":"Find out about the policies and guidelines we’ve put in place to support equality, diversity & inclusion.","title":"Our policies & guidelines"},"ede-06":{"description":"Check your understanding of what we’ve covered in this course.","title":"Test your knowledge"},"ede-quiz-01-010-010":{"question1":{"question":"How do you think the following sentence should be completed? Equality of opportunity…","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"…is primarily about ensuring that black and minority ethnic people are treated fairly and are given the same opportunities as other people.","option2":"…is about treating people fairly, and is backed up by legislation that protects people from being treat less favourably on the basis of a range of specific factors.","option3":"…is about ensuring that there is a fair representation of minority groups at all levels within organisations.","option4":"…is about ensuring women have equality of opportunity at work and are paid the same as their male counterparts."}},"ede-quiz-01-010-020":{"question1":{"question":"What is diversity?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"Recognising, valuing and respecting all forms of difference in individuals.","option2":"Taking positive action to attract employees from the widest possible range of sources.","option3":"Ensuring that there is a fair representation of minority groups at all levels within organisations.","option4":"Developing policies and procedures to mainstream equality issues within organisations and protect the rights of minority groups."}},"ede-quiz-01-010-030":{"question1":{"instruction":"Choose your answers, then select <strong>Confirm</strong>.","option1":"It helps us be more creative and innovative.","option2":"It helps streamline the recruitment and selection process.","option3":"It enables us to provide a better service to the people we deal with.","option4":"It enables us to attract and retain the best staff and students.","question":"What are some of the main benefits that embracing equality, diversity and inclusion can offer us as an organisation?"}},"ede-quiz-01-010-040":{"question1":{"question":"Which of the following statements are true?","instruction":"Choose your answers, then select <strong>Confirm</strong>.","option1":"Ethnic minority groups now have the same employment and career progression opportunities as white people.","option2":"On average, women still earn significantly less than men and are under-represented at senior levels.","option3":"Many gay men and lesbians still experience harassment and discrimination due to their sexuality.","option4":"Employment rates amongst disabled people are now very close to those of non-disabled people."}},"ede-quiz-02-010-010":{"question1":{"question":"Under the Equality Act, it’s unlawful to treat anyone less favourably on the basis of a range of protected characteristics. So what do you think these characteristics are?","instruction":"Choose your answers, then select <strong>Confirm</strong>.","option1":"Age","option2":"Disability","option3":"Education or qualifications","option4":"Gender reassignment","option5":"Marriage or civil partnership","option6":"Pregnancy or maternity","option7":"Race","option8":"Religion or belief","option9":"Sex","option10":"Sexual orientation"}},"ede-quiz-02-010-020":{"text1":{"paragraph1":"Mark is a new starter in a department where most of his colleagues are women. Since day one there’s been a lot of banter and innuendo about Mark amongst the women and this has progressively made Mark feel more embarrassed and uncomfortable at work. Recently, it’s got to the point where Mark dreads going into work every morning."},"question1":{"question":"From a legal perspective, what is this an example of?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"Direct discrimination","option2":"Indirect discrimination","option3":"Harassment","option4":"Victimisation","option5":"None of the above"}},"ede-quiz-02-010-030":{"question1":{"question":"From a legal perspective, what is this an example of?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"Direct discrimination","option2":"Indirect discrimination","option3":"Harassment","option4":"Victimisation","option5":"None of the above"},"text1":{"paragraph1":"Rajeev is a senior lecturer at the university. Tina, one of his most experienced lecturers, has been on maternity leave for the past two months, and has recently informed him that she no longer intends to return to her job.","paragraph2":"Rajeev is now looking for someone to replace Tina. He’s interviewed several promising candidates and was particularly impressed by Alison, a young woman who seems to have all the right skills and qualities for the job. However, during the course of her second interview, Alison informs Rajeev that she’s about to get married.","paragraph3":"Rajeev is concerned that Alison is planning to start a family, which might mean he’ll have to look for a replacement all over again in a few months time. He therefore decides to offer the job to the best male candidate."}},"ede-quiz-02-010-040":{"question1":{"question":"From a legal perspective, what is this an example of?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"Direct discrimination","option2":"Indirect discrimination","option3":"Harassment","option4":"Victimisation","option5":"None of the above"},"text1":{"paragraph1":"Jane started working as a lecturer at a university two years ago. Six months ago, she provided evidence to support a colleague who was being sexually harassed at work. As a result, a manager was dismissed and several senior staff reprimanded for not having taken any action to stop the harassment.","paragraph2":"Prior to this incident, Jane was highly regarded and had been promoted on two occasions. However, over the past six months, this has all changed: she no longer seems to receive any positive feedback and tends to be given all the mundane and routine work. What’s more, some colleagues and managers barely speak to her any more."}},"ede-quiz-02-010-050":{"text1":{"paragraph1":"Davinder is producing a job advertisement for a part-time admin role. The role doesn’t require any specific qualifications, but she includes a requirement for a degree, as she does on most job ads, because she thinks it’s a useful way of ensuring a better standard of applicants."},"question-header":{"text":"From a legal perspective, what is this an example of and why?"},"options1":{"question":"It’s an example of…","option1":"Direct discrimination","option2":"Indirect discrimination","option3":"Harassment","option4":"Victimisation"},"options2":{"question":"Because…","option1":"It creates a hostile, degrading or offensive environment for anyone who doesn’t have a degree.","option2":"It excludes people on the basis of their education or qualifications, which is always unlawful.","option3":"It unnecessarily excludes people who are likely to have been disadvantaged educationally because of a protected characteristic."},"question-footer":{"text":"Choose your answers, then select <strong>Confirm<strong>."}},"ede-quiz-02-010-060":{"text1":{"paragraph1":"Tim works for Roger in purchasing. While they’ve always had a good working relationship, Roger likes to tease Tim about his strong Birmingham accent. He’s even taken to impersonating Tim’s accent in team meetings, which Tim finds irritating and offensive.","paragraph2":"Tim’s spoken to Roger about how he feels, but Roger hasn’t taken any notice. In fact, if anything, things have got worse, with Roger now joking with colleagues that they should watch what they say around Tim, as he’s “unusually sensitive for a brummie”."},"question1":{"question":"From a legal perspective, do you think Roger is doing anything wrong?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"Yes, his behaviour amounts to harassment.","option2":"Yes, he’s discriminating against Tim.","option3":"Yes, he’s victimising Tim.","option4":"No, while this is poor management, Roger hasn’t done anything unlawful as his behaviour isn’t linked to a protected characteristic."}},"ede-quiz-02-010-070":{"question1":{"instruction":"Choose your answers, then select <strong>Confirm</strong>.","option1":"She can target job advertisements at ethnic minority groups.","option2":"She can hold a job awareness day for ethnic minority groups only.","option3":"She can make sure all applicants from ethnic minority groups are automatically shortlisted for interview.","option4":"She can set out to only select people from ethnic minority groups to fill the posts.","question":"Carla is head of Student Services and needs to recruit two new staff. Currently, there’s a very low representation of ethnic minority groups in the team and Carla’s keen to address this imbalance. What steps can she lawfully take to do this?"}},"ede-quiz-02-010-080":{"question-header":{"text":"What are the correct definitions for each of the following terms?"},"question-footer":{"text":"Match each term to the correct definition. When you’ve finished, select <strong>Confirm</strong> to see how you did."},"drag-item1":{"label":"Victimisation"},"drag-item2":{"label":"Harassment"},"drag-item3":{"label":"Direct discrimination"},"drag-item4":{"label":"Indirect discrimination"},"drop-label1":{"text":"Less favourable treatment on grounds of one or more protected characteristics (race, disability, sex, etc)."},"drop-label2":{"text":"Provisions, criteria, policies, rules and practices that apply to everyone, but inadvertently and unnecessarily disadvantage people with a protected characteristic."},"drop-label3":{"text":"Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment."},"drop-label4":{"text":"Detrimental treatment because a person has made, or intends to make, a complaint or enquiry about an equality matter, or support such a complaint or enquiry."}},"ede-quiz-02-010-090":{"question1":{"question":"The group certainly seem to be treating Suzanne unfairly, but do you think their behaviour is unlawful?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"No, Suzanne doesn’t have a religious belief, so isn’t protected by equality legislation.","option2":"Yes, this is direct discrimination on the grounds of sex.","option3":"Yes, this is harassment on the grounds of religion/belief","option4":"Yes, this is direct discrimination on the grounds of religion/belief."},"text1":{"paragraph1":"Suzanne has worked in the supplies department at a university for the past three years. She’s an atheist, but many of her immediate colleagues are devout Christians. They’ve always been a bit of a clique, socialising together both in and outside work, but this has never bothered Suzanne.","paragraph2":"Recently, however, one of the Christian group was promoted to team leader and Suzanne has started to feel excluded from team decisions. Most team meetings are dominated by members of the group and she finds that even when she does get an opportunity to express her own thoughts and ideas, these are politely ignored."}},"ede-quiz-02-010-100":{"question1":{"question":"What does “vicarious liability” mean?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"That individuals who bring false claims of discrimination or harassment before tribunal may be held liable to pay all legal costs.","option2":"That an organisation may be held responsible for acts of discrimination or harassment carried out by individual employees.","option3":"That individuals may be held responsible for any acts of discrimination or harassment carried out within an organisation."}},"ede-quiz-02-010-110":{"text1":{"paragraph1":"Rashid has recently joined a finance department. To begin with he settled in very well, but things have taken a turn for the worse since the department’s Christmas party…","paragraph2":"The party was for all staff in the finance department and was open to spouses, partners or friends. Rashid is heterosexual, but shares a house with Ian, who’s gay. Having recently split up with his girlfriend, Rashid decided to invite Ian along to the party. As a result, most people in the department now think Rashid is gay or bisexual.","paragraph3":"Since the party, Rashid’s noticed that several people who had previously been very friendly have become much more distant and stand-offish. Some don’t even seem to be prepared to speak to him at all, including his line manager. On top of this, he no longer gets invited out to social events organised by people within the department."},"question1":{"question":"From a legal perspective, do you think Rashid might have a case to bring against the organisation?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"No, since Rashid isn’t actually gay, the law doesn’t protect him.","option2":"Yes, he could make a case for discrimination on grounds of sexual orientation.","option3":"Yes, he could make a case for being harassed.","option4":"Yes, he could make a case for being victimised on grounds of sexual orientation."}},"ede-quiz-02-010-120":{"text1":{"paragraph1":"James is organising the summer do for his team at a local horse racing track. Normally, everyone on the team is invited to attend with their partners.","paragraph2":"However, James knows that one of his new starters, Lily, is a lesbian and is concerned that if her partner attends, this might embarrass or offend some of the other team members. He therefore doesn’t invite Lily’s partner to the do."},"question1":{"question":"Do you think James has unlawfully discriminated against Lily on grounds of her sexual orientation?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"No, the do will be taking place outside the workplace, so equality legislation doesn’t apply.","option2":"Possibly, but only if the do will be taking place during normal working hours.","option3":"Yes, this is a work-related event so equality legislation applies."}},"ede-quiz-03-010-010":{"question1":{"question":"Which of the following are examples of stereotypes?","instruction":"Choose your answers, then select <strong>Confirm</strong> to see how you did.","option1":"Bob thinks women aren’t assertive enough to make good managers.","option2":"Lydia thinks that better facilities are needed for wheelchair users.","option3":"Mariama thinks disabled people have mobility difficulties.","option4":"Jaspal thinks that gay men are more communicative and creative.","option5":"Craig thinks men should be legally entitled to more paternity leave."}},"ede-quiz-03-010-020":{"question1":{"question":"One of the most dangerous things about stereotypes is that having an initial stereotyped view of an individual can create a chain of events that inevitably validates this view. What is this known as?","instruction":"Choose your answer, then select <strong>Confirm</strong> to see how you did.","option1":"A self-fulfilling prophecy.","option2":"A vicious circle.","option3":"A feedback cycle.","option4":"A preconception."}},"ede-quiz-04-010-010":{"question1":{"question":"How would you go about challenging unacceptable behaviour at work?","instruction":"Choose your answers, then select <strong>Confirm</strong>.","option1":"Challenge the behaviour immediately, don’t put it off until later.","option2":"Speak calmly but firmly, so the person knows you’re serious.","option3":"Be clear and specific, so the person knows exactly what you found unacceptable and why.","option4":"If the person tries to laugh off your challenge, make it clear that their behaviour could have serious repercussions for them.","option5":"If the situation becomes confrontational, don’t back down, give as good as you get."}},"ede-quiz-04-010-020":{"question1":{"question":"If you feel that someone is behaving inappropriately at work, what’s the first thing you should consider doing?","instruction":"Choose your answer, then select <strong>Confirm</strong>.","option1":"Making a formal complaint.","option2":"Raising the matter with your manager.","option3":"Speaking to the person to explain how you feel.","option4":"Taking steps to avoid the person.","option5":"Seeking a transfer or another job."}},"glossary":{"default-definition":"Please select a glossary entry to view its definition.","entries":{"ageism":{"term":"Ageism","definition":"<p>Discrimination against people based on assumptions and stereotypes about age.</p>"},"anti-semitism":{"term":"Anti-Semitism","definition":"<p>Hostility toward the Jewish faith and people.</p>"},"bisexual":{"term":"Bisexual","definition":"<p>A person who is sexually attracted to both men and women.</p>"},"black-and-minority":{"term":"Black and Minority Ethnic (BME)","definition":"<p>People from minority national, cultural and racial groups who are resident in the UK. Minority ethnic groups account for around 14% of the UK population, broken down as follows: </p><ul><li>Asian/Asian British – 7.5%.</li><li>Black/African/Caribbean/Black British – 3.3%.</li><li>Mixed/Multiple Ethnic Groups – 2.2%.</li><li>Other – 1%.</li></ul>"},"bullying":{"term":"Bullying","definition":"<p>A form of <a data-id='harassment' class='glossary'>harassment</a>.</p>"},"caste":{"term":"Caste","definition":"<p>Some cultures and societies have historically adopted rigid social class systems, in which people are placed into a particular class (caste) based on factors such as their hereditary rank or status, occupation, economic position, etc. Caste systems are generally, but not exclusively, associated with South Asia, particularly India.</p>"},"civil-partnership":{"term":"Civil partnership","definition":"<p data-filter='min'>A civil partnership is a legally recognised relationship between two people and offers them most of the same benefits and rights as married couples.</p><p>Civil partnerships were originally introduced for same-sex couples in the Civil Partnership Act of 2004. At that time, same-sex marriage was not legal, but this was changed in 2014.</p><p>For a while, this created an imbalance where same-sex couples had the choice of marriage or civil partnership, while mixed-sex couples could only marry. This was addressed at the end of 2019, when the option of civil partnership was extended to mixed-sex couples too.</p>"},"direct-discrimination":{"term":"Direct discrimination","definition":"<p data-filter='min'>Less favourable treatment on the basis of a range of specific factors, known as <a data-id='protected-characteristics' class='glossary'>protected characteristics</a>.</p><p>Examples of direct discrimination include:</p><ul><li>Deciding not to employ or admit someone because they’re from a particular minority ethnic group.</li><li>Dismissing or excluding someone because they’re gay.</li><li>Refusing to provide training or other benefits to someone because they’re disabled.</li><li>Denying promotion to a woman because she’s just got married.</li></ul>"},"disability":{"term":"Disability","definition":"<p>The legal definition of disability is: “A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.” This encompasses a wide range of:</p><ul><li>Mobility, hearing, speech, vision and dexterity impairments.</li><li>Learning disabilities and difficulties, including Down’s syndrome and dyslexia.</li><li>Physical health conditions, including cancer, HIV, multiple sclerosis, epilepsy and diabetes.</li><li>Mental health conditions, including schizophrenia and depression.</li></ul>"},"disability-confident":{"term":"Disability Confident","definition":"<p>A voluntary government scheme, in which employers make specific commitments to improve the opportunities available to disabled people.</p>"},"discrimination":{"term":"Discrimination","definition":"<p>Unlawfully disadvantaging a person or group of people because they have a <a data-id='protected-characteristics' class='glossary'>protected characteristic</a>. From a legal perspective, discrimination can take two forms:</p><li><a data-id='direct-discrimination' class='glossary'>Direct discrimination</a>.</li><li><a data-id='indirect-discrimination' class='glossary'>Indirect discrimination</a>.</li>"},"discrimination-by-association":{"term":"Discrimination by association","definition":"<p>This is when a person is discriminated against because they associate with people who have a protected characteristic, e.g. a disabled relative. Discrimination by association applies to all protected characteristics, with the sole exception of marriage/civil partnership.</p>"},"discrimination-by-perception":{"term":"Discrimination by perception","definition":"<p>This is when a person is discriminated against because they are thought to have a <a data-id='protected-characteristics' class='glossary'>protected characteristic</a>, even if they don’t have actually have it. So, for example, it would be unlawful for a candidate to be turned down for a job because they’re thought to be pregnant, irrespective of whether they are actually pregnant. Discrimination by perception applies to all protected characteristics, with the sole exception of marriage/civil partnership.</p>"},"diversity":{"term":"Diversity","definition":"<p>Diversity is about respecting and valuing all forms of difference in individuals, and positively striving to meet the needs of different people.</p>"},"environmentalism":{"term":"Environmentalism","definition":"<p>A commitment to the preservation, restoration and improvement of the natural environment through, for example, the control of pollution. Under equality legislation, environmentalism – and any other belief that underpins a person’s life, whether religious or not – may be considered a <a data-id='protected-characteristics' class='glossary'>protected characteristic</a>.</p>"},"equality-act":{"term":"Equality Act of 2010","definition":"<p>The Equality Act of 2010 is the main piece of equality legislation in force today. The Act makes it unlawful for anyone to be treated less favourably on the basis of a range of specific factors, known as <a data-id='protected-characteristics' class='glossary'>protected characteristics</a>.</p>"},"equality-impact-assessment":{"term":"Equality Impact Assessment","definition":"<p>A structured process for assessing the impact of any policy, project or scheme on people with <a data-id='protected-characteristics' class='glossary'>protected characteristics</a>. All public bodies have a legal duty to assess the impact of what they do, so that they don’t inadvertently disadvantage particular groups.</p>"},"equality-of-opportunity":{"term":"Equality of opportunity","definition":"<p>A term that encompasses legislation that’s been put in place to help ensure people are treated fairly and aren’t disadvantaged on the basis of a range of specific factors, known as <a data-id='protected-characteristics'>protected characteristics</a>.</p><p>While equality legislation used to encompass a wide range of different acts and regulations, the <a data-id='equality-act' class='glossary'>Equality Act of 2010</a> brought much of it under a single umbrella.</p>"},"equivalent-work":{"term":"Equivalent work","definition":"<p>Men and women have a legal right to equal treatment and equal pay when carrying out equivalent work for the same employer. Under the law, equivalent work can be seen as:</p><ul><li>Like work.</li><li>Work rated as equivalent.</li><li>Work of equal value.</li></ul>"},"ethnicity":{"term":"Ethnicity","definition":"<p>An individual's identification with a group sharing any or all of the following: nationality, lifestyle, religion, customs and language.</p>"},"gender":{"term":"Gender","definition":"<p><span data-filter='min'>A person’s sex or gender identity</span>. Historically, gender has tended to be viewed in binary male/female terms, based on the sex assigned at birth. More recently, views of gender have broadened to include:</p><ul><li>Gender identity – the sex a person identifies with (not necessarily the sex assigned to them at birth).</li><li>Gender expression – how a person chooses to outwardly express their gender.</li></ul><p>As a result, the traditional binary view of gender is now far less prevalent. Following are some terms commonly used to refer to gender:</p><ul><li>Cisgender or cis – someone whose gender identity is the same as the sex they were assigned at birth.</li><li>Gender dysphoria – feelings of discomfort or distress experienced by a person because their sex assigned at birth doesn’t match their gender identity.</li><li>Gender fluid – someone who does not identify as having a fixed gender.</li><li>Intersex – someone who has the biological attributes of both sexes.</li><li>Non-binary – a person who does not identify as only male or only female, or who may identify as both.</li><li><a data-id='trans' class='glossary'>Trans</a> – someone whose gender identity differs from the sex assigned to them a birth.</li></ul>"},"gender-pay-gap":{"term":"Gender pay gap","definition":"<p>The difference between the average earnings of men and women at work. Despite recent efforts to reduce the gender pay gap, women still earn, on average, nearly 20% less than men.</p>"},"gender-reassignment":{"term":"Gender reassignment","definition":"<p data-filter='min'>Gender reassignment is a process by which a person's gender expression – in other words, the way they appear to others – is changed. Gender reassignment can, but does not need to, involve medical procedures.</p><p>Gender reassignment is a <a data-id='protected-characteristics' class='glossary'>protected characteristic</a> and it’s unlawful to treat anyone less favourably because they’re planning, or have started or completed, to change their gender expression.</p><p>It’s important to understand that gender reassignment is distinct from the protected characteristic of sex. Under the Gender Recognition Act 2004, a trans person must obtain a Gender Recognition Certificate (GRC) in order to change the sex assigned to them at birth. Without this, their legal sex remains the one assigned to them at birth.</p><p>Under s.22 of the Gender Recognition Act, it can constitute a criminal act if information relating to a person’s application for, or acquisition of, a GRC is disclosed without the trans person’s consent. This especially relates to HR staff handling personnel records.</p>"},"harassment":{"term":"Harassment","definition":"<p data-filter='min'>Unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment.</p><p>Harassment can range from overt bullying or inappropriate physical contact, through to more subtle things, such as nicknames, innuendo, teasing, name-calling and so on. Two key points to keep in mind are that:</p><ul><li>Individuals can make a claim of harassment even if the behaviour isn’t directed at them personally, so long as they can demonstrate it creates an offensive environment for them.</li><li>Even when there’s no malicious intent, a person’s words and actions can amount to harassment if they can be reasonably expected to violate dignity or create an intimidating, hostile, degrading, humiliating or offensive environment.</li></ul><p>Harassment on grounds of most protected characteristics is unlawful under the <a data-id='equality-act' class='glossary'>Equality Act of 2010</a>. Under the Act, even a single incident between two employees can be regarded as harassment, if it’s serious enough.</p><p>But what if harassment isn’t on grounds of a protected characteristic? Well, under the Protection from Harassment Act of 1997, <i>all</i> forms of repeated harassment are unlawful, even if they’re not related to a protected characteristic.</p>"},"heterosexual":{"term":"Heterosexual","definition":"<p>A person who is sexually attracted to members of the opposite sex.</p>"},"homophobic":{"term":"Homophobic","definition":"<p>Hostile or discriminatory attitudes and behaviours towards people who are – or who are thought to be – gay men, lesbians or bisexuals.</p>"},"homosexual":{"term":"Homosexual","definition":"<p>A person who is sexually attracted to members of the same sex.</p>"},"indirect-discrimination":{"term":"Indirect discrimination","definition":"<p data-filter='min'>Provisions, criteria, policies, rules and practices that apply to everyone, but inadvertently and unnecessarily disadvantage people with a protected characteristic.</p><p>Indirect discrimination can be difficult to pinpoint as there’s often at least some grey area around what’s required to meet real business needs. However, here are some examples of situations that might be regarded as indirect discrimination:</p><ul><li>Placing a minimum height requirement on a manual handling role, with the effect of disadvantaging women, who tend to be shorter than men.</li><li>Requiring everyone to work hours that are unacceptable to people of certain religious faiths without at least considering flexible work arrangements.</li></ul>"},"institutional-racism":{"term":"Institutional racism","definition":"<p>“The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people.” (The McPherson Report)</p>"},"lgbt":{"term":"LGBT","definition":"<p>An acronym that stands for Lesbian, Gay, Bisexual, <a data-id='trans' class='glossary'>Trans</a>.</p>"},"mainstreaming":{"term":"Mainstreaming","definition":"<p>The process through which an organisation make equal opportunities considerations an integral part of all its activities.</p>"},"minority-ethnic-group":{"term":"Minority ethnic group","definition":"<p>The term used to refer to people who belong to an ethnic group numerically smaller than the (white) majority ethnic group in the UK.</p>"},"occupational-requirement":{"term":"Occupational requirement","definition":"<p data-filter='min'>A characteristic that’s seen as a pre-requisite in order to carry out a particular job.</p><p>When deciding if something is an occupational requirement, it’s necessary to consider the nature of the work and the context in which it is carried out. For example, a Catholic school might be able to argue that it requires a Catholic head teacher but could probably not insist on a caretaker being Catholic.</p><p>Occupational requirements are always open to challenge, in which case the burden of proof lies with the employer, who must produce evidence to justify them.</p>"},"pansexual":{"term":"Pansexual","definition":"<p>A person who feels sexual attraction, romantic love, or emotional attraction toward people of any sex or gender identity. Also known as omnisexual.</p>"},"positive-action":{"term":"Positive action","definition":"<p><span data-filter='min'>Any lawful action taken with the aim of improving the representation of under-represented protected groups.</span> Examples of positive action include:</p><ul><li>Designing job advertisements to reach members of under-represented groups and encourage their applications, e.g. through use of the ethnic minority press.</li><li>Using employment agencies and careers offices in areas where under-represented groups are concentrated.</li><li>Encouraging employees from under-represented groups to apply for promotion or transfer opportunities.</li><li>Providing career development training for employees of under-represented groups who lack particular expertise but show potential.</li></ul><p data-visible='${core.config.custom-positive-action}==2'>As an organisation, we’ve chosen to take positive action in recruitment and promotion decisions too. This enables us to favour candidates from under-represented protected groups, but only when choosing between two or more candidates who are of equal merit.</p><p data-visible='${core.config.custom-positive-action}==1'>Under the Equality Act, organisations can also choose to favour candidates from under-represented protected groups, but only when choosing between two or more candidates of are of equal merit. We've chosen not to adopt this measure, as it’s difficult to determine when two or more candidates are truly of equal merit. However, we actively pursue positive action, including all the examples outlined above, to ensure we have the best possible range of candidates to choose from when recruiting or promoting our staff.</p>"},"positive-discrimination":{"term":"Positive discrimination","definition":"<p><span data-filter='min'>Making decisions which actively favour an under-represented protected group, e.g. setting out to recruit a black person in order to improve the representation of black people in a particular department.</span> Positive discrimination is nearly always unlawful as it results in people within majority groups being unfairly disadvantaged.</p><p>It’s important not to confuse positive discrimination with <a data-id='positive-action' class='glossary'>positive action</a>, which encompasses any lawful actions taken with the aim of improving the representation of under-represented groups.</p>"},"preconceptions":{"term":"Preconceptions","definition":"<p>Preconceived ideas about the world and the roles that different people fulfil in society. As we grow up, we subconsciously develop deep-rooted preconceptions about the world, based on the things we see and experience around us.</p><p>The danger with preconceptions is that they can trigger <a data-id='unconscious-bias' class='glossary'>unconscious bias</a> for or against particular groups of people. For example, having the preconceived idea that all pilots are male is just a small step away from assuming that only males are capable of being pilots.</p>"},"prejudice":{"term":"Prejudice","definition":"<p>A groundless negative attitude towards members of a particular group, e.g. particular racial groups.</p>"},"protected-characteristics":{"term":"Protected characteristics","definition":"<p>Under the <a data-id='equality-act' class='glossary'>Equality Act of 2010</a>, it’s unlawful to treat anyone less favourably on the basis of a range of specific factors, known as protected characteristics. The nine protected characteristics defined in the Act are:</p><ul><li>Age</li><li>Disability</li><li>Gender reassignment</li><li>Marriage or civil partnership</li><li>Pregnancy or maternity</li><li>Race</li><li>Religion or belief</li><li>Sex</li><li>Sexual orientation</li></ul>"},"public-sector-equality":{"term":"Public Sector Equality Duty (PSED)","definition":"<p>The Equality Act places a special legal duty on public bodies to actively promote equality. This is known as the Public Sector Equality Duty (PSED) requires all public bodies to:</p><ul><li>Define the steps they’re taking to eliminate unfairness, promote equality of opportunity, and foster good relations across the protected characteristics.</li><li>Assess the impact of what they do on people with different protected characteristics, so that they don’t inadvertently disadvantage particular groups.</li></ul>"},"race-racial-group":{"term":"Race/racial group","definition":"<p>The Equality Act defines race as any group of people who share a common:</p><ul><li>colour,</li><li>nationality,</li><li>ethnic origin,</li><li>or national origin.</li></ul><p>What’s more, it’s now been established that <a data-id='caste' class='glossary'>caste</a> can be legally considered an aspect of race.</p><p>Several Gypsy and Traveller groups are recognised as racial groups, including:</p><ul><li>Romany Gypsies.</li><li>Irish Travellers.</li><li>Scottish Gypsy Travellers.</li></ul><p>There’s sometimes an overlap between race and religion, which means some religious groups – such as Sikhs and Jews – are also legally recognised as racial groups.</p>"},"racism":{"term":"Racism","definition":"<p>A prejudice in which particular racial groups are regarded as inferior. Also used to describe discriminatory behaviour on the grounds of race.</p>"},"reasonable-adjustments":{"term":"Reasonable adjustments","definition":"<p><span data-filter='min'>Under the law, organisations must make any “reasonable adjustments” possible in order to prevent disabled people from being substantially disadvantaged.</span> These might include:</p><ul><li>Making adjustments to premises (e.g. widening doorways, fitting ramps).</li><li>Reallocating some of the work/part of the job to someone else.</li><li>Transferring the disabled staff member to another post or another place of work.</li><li>Being flexible about hours or place of work.</li><li>Providing additional training.</li><li>Using modified equipment / supplying special equipment or modifying existing equipment.</li><li>Making instructions and manuals more accessible.</li><li>Providing a reader or interpreter.</li><li>Providing adequate/additional supervision.</li></ul><p>The law doesn’t define what can be considered “reasonable”, so it’s down to employers to assess whether a particular adjustment is realistically viable. This will typically involve weighing up a range of factors, including:</p><ul><li>The cost involved in making the adjustment.</li><li>The level of benefit delivered by the adjustment.</li><li>The impact of the adjustment on other people.</li></ul>"},"religion-or-belief":{"term":"Religion or belief","definition":"<p>A deeply held belief that underpins a person’s life and outlook on the world. This encompasses both religious and non-religious beliefs, such as humanism and atheism. Religion/belief is one of the nine <a data-id='protected-characteristics' class='glossary'>protected characteristics</a> covered by the <a data-id='equality-act' class='glossary'>Equality Act of 2010</a>.</p>"},"self-fulfilling-prophecy":{"term":"Self-fulfilling prophecy","definition":"<p>A situation in which stereotypes or prejudices appear to be validated, but only because of other people’s attitudes and expectations. For example, an older person may not be considered able to learn a new computer system, so they’re not offered the opportunity.</p>"},"sex":{"term":"Sex","definition":"<p>In legal terms, this is the binary characteristic of being either a man or a woman. A person’s sex is assigned at birth and can only be changed through the process of obtaining a Gender Recognition Certificate (GRC).</p>"},"sexism":{"term":"Sexism","definition":"<p>A prejudice against a particular sex. Sometimes also used to describe discrimination on grounds of sex.</p>"},"sexual-orientation":{"term":"Sexual orientation","definition":"<p>A person’s preferred form of sexual expression. The most commonly used categories of sexual orientation are:</p><ul><li>Heterosexuality (being sexually attracted to members of the opposite sex).</li><li>Homosexuality (being sexually attracted to members of the same sex).</li><li>Bisexuality (being sexually attracted to members of both sexes).</li><li>Pansexuality (being sexually attracted to people of any sex or gender identity).</li></ul>"},"stereotype":{"term":"Stereotype","definition":"<p>A fixed and often negative view of all members of an ethnic, religious or other group.</p>"},"third-party-harassment":{"term":"Third party harassment","definition":"<p><span data-filter='min'>Harassment of an employee by any third party that they deal with as part of their job, e.g. members of the public, customers, suppliers, etc.</span> Under health and safety legislation, all employers have an overriding legal responsibility for taking reasonable steps to protect their employees from foreseeable physical or psychological injury. And this applies to third party harassment, which is one potential cause of such injury.</p>"},"trans":{"term":"Trans","definition":"<p>An umbrella term for people whose gender identity and/or gender expression differs from the sex assigned to them a birth. Also known as transgender or transsexual. Some trans people seek to change their gender through hormonal and/or surgical <a data-id='gender-reassignment' class='glossary'>gender reassignment</a> procedures.</p>"},"unconscious-bias":{"term":"Unconscious bias","definition":"<p><span data-filter='min'>A bias for or against particular groups of people that’s so deep-rooted, we’re not consciously aware of it.</span> Unconscious bias can influence our view of specific groups of people – either generally or in certain situations – and cause us to make unfair and discriminatory decisions.</p><p>Unconscious bias is often triggered by our <a data-id='preconceptions' class='glossary'>preconceptions</a> about the world and the roles that different people fulfil in society. For example, someone who grows up in an environment in which almost all scientists are men, may assume from this that only men are capable of being scientists. This is then likely to create an unconscious bias that favours men for scientific roles and disadvantages women.</p>"},"vicarious-liability":{"term":"Vicarious liability","definition":"<p>The basis whereby an organisation can become legally liable for the acts of employees or agents, even where it has no knowledge of them.</p>"},"victimisation":{"term":"Victimisation","definition":"<p data-filter='min'>Detrimental treatment because a person has made, or intends to make, a complaint or enquiry about an equality matter, or support such a complaint or enquiry.</p><p>Victimisation can take many forms: being cold-shouldered by colleagues; being overlooked for promotion; being denied access to training and development opportunities; and so on. 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