EQUALITY SCHEME 2015/2016-2017/18 1
CONTENTS 1 Foreword 2 Ambition, Strategic Aims and Equality & Diversity Statement 3 Introduction 4 Scope 5 The Legislation 6 Responsibilities under this Scheme 7 Equality & Diversity Group 8 NULC Equality Scheme 9 Communication and Engagement Appendices Appendix A Glossary of Terms To request a copy of this scheme in an alternative format please contact:- Assistant Principal of Student Engagement and Partnerships on 01782 254346 or email lesley.morrey@nulc.ac.uk 2
1 Foreword Newcastle-under-Lyme College intends to fulfil its public sector duty by complying with current equalities legislation to ensure that equality and fair treatment for all is embedded into everything we do, and that the differences between people are recognised, respected and celebrated. The College believes that the diversity of its membership both enriches the teaching and learning experience and creates a welcoming working environment for its staff and learners contributing to a productive environment in which all people are valued. Equality and Diversity is the concern of all and it is the responsibility of all members of the College community and we continue working towards excellence in developing and implementing good practice in equality and diversity. It is important to us that if you should have feedback, comments and suggestions about the content of the Scheme and about how we can improve as an organisation these will be gratefully received. Karen Dobson, Principal - 2015 2 Ambition, Strategic Aims and Equality & Diversity Statement Our Ambition To be the first choice college provider in North Staffordshire We will develop students who are enterprising and achieve great things. They will be supported by a staff team which delivers excellence in teaching, learning and assessment and provides a broad college experience where students enjoy learning. Our Strategic Aims We will: 1. Deliver excellence in teaching, learning and assessment which ensure highly successful outcomes for students 2. Provide a broad, inclusive and sustainable curriculum offer which meets the needs and aspirations of learners, employers and partners 3. Maximise talent, expertise and performance of our staff. 4. Maintain strong financial health to ensure we can continue the financial investment required to sustain a high performing college. 3
5. Exploit opportunities and develop new partnerships for the mutual benefit of learners and the community we serve. To these existing commitments we would now like to add: Our Equality & Diversity Statement The strength of the business case for pursuing equality of opportunity and the value which celebrating diversity brings is at the forefront of our minds here at Newcastleunder-Lyme College. We enjoy a diverse cohort of learners and staff who bring with them a very wide range of backgrounds and experiences. We are committed to benefiting from their diversity by promoting NULC Core Values, fairness in access, opportunities and outcomes through broadening policy, action planning, training, community participation and curriculum innovation. 3 Introduction Since the 1970s several pieces of legislation have been developed to protect us from being subjected to discrimination, harassment and victimisation. More recently the Equality Bill received Royal Assent becoming the Equality Act 2010. The powers contained within it will be implemented in a phased approach. The main provisions of the Equality Act commenced in October 2010, the public sector equality duty and dual discrimination in April 2011 and the ban on age discrimination in the supply of goods and services, and performance of public functions in 2012. The Act has been high on the national agenda since 2008 and at the forefront of parliamentary discussion. The benefit brought by the Act can be seen in the way that it streamlines the protection of individuals laid out in the previous Race Relations Act, Disability Discrimination Act and the Sex Discrimination Act. It extended the breadth of coverage for what it has referred to as protected characteristics, to include; o Age, o Gender reassignment, o Religion or belief, o Pregnancy and maternity o Sexual Orientation and o Marriage and civil partnership. The College through this Single Equality Scheme (SES) wishes to reassert its commitment to the equalities agenda by broadening its policies to serve those identified by the legislation, in its procedures and practices, we will be looking to this ES to fulfil our obligations as a further education provider. Through service provision, as an employer, through its procurement and as an organisation that wishes to benefit from an environment that makes equal opportunity a reality for all. As part of our commitment we will: continue to publish this Scheme showing specific information for each of the protected characteristics; 4
assess and consult on its content and the content of any new policy introduced under the Scheme; review relevant functions/policies at least every three years making sure the public have access to this information and services; and train staff on both the general and specific duties. undertake regular monitoring, consultation and reviewing of the in year delivery plan for Equality and Diversity themes. monitor and report on equality and diversity information through consulting and involving people and regular data analysis to identify not only gaps between those more likely to be under- represented and/or underachieving but also those who may experience double disadvantage. implement the Prevent Duty ensuring this is achieved without conflict with the Equality Act 2010. 4 Scope This Scheme describes the way in which we aim to embed our commitment to the promotion of equality of opportunity and the celebration of diversity in all that we do as an organisation. The Scheme is applicable to all of our dealings with members of staff, learners, employers, partner organisations within the community and members of the public. The Community we serve In order to understand the performance of our college from an Equality & Diversity perspective it is essential to understand the area we serve, this is best achieved by looking to Office for National Statistics Newcastle under-lyme District Profile from the 2011 Census. This can be seen in full at http://www.neighbourhoodstatistics.gov.uk It stated the following regarding issues that we foresee are relevant and will affect our community here at the college:- Newcastle under-lyme s population is approximately 123,871 (2011 Census) 93.3% of whom are White British. The second largest ethnic group is White- Other, followed by Chinese, Asian/Indian and Asian/other Asian. Approximately 7% of Newcastle s population in 2011 were categorised 15-19 years of age 27% of Newcastle s population in 2011 were identified as having no formal qualifications 5.1% of the population of Newcastle-under-Lyme were of a minority Ethnic origin according to 2011 Census. 3.6% of people answered that they were affiliated to a religion other than Christianity during the 2011 Census. 5
4.3% of females and 5.1% of males were identified as 16-74yrs long term sick/disabled NULC is equipped to offer students who represent with either Learning Difficulty or Disability fair access to learn although many are restricted by funding eligibility restrictions. In all cases we do all that we can to create places and build relationships with external agencies to support these students. 4.1 So how diverse is Stoke on Trent? Because approximately 50% of those who enrol at the College live in the Stoke on Trent area, our closest neighbouring local authority area, we believe it is important to look at the diverse nature of the community that resides there. Stoke on Trent has a very different demography to that of Newcastle-under-Lyme in both population density and characteristics. Stoke has almost twice the number of people living within the authority area (249,003 in 2011). 34% of Stoke-on-Trent s population in 2011 were identified as having no formal qualifications 11% of the population of Stoke-on-Trent were of a minority Ethnic origin according to 2011 Census (4.2% Asian/Pakistani) 11% of people in Stoke on Trent answered that they were affiliated to a religion other than Christianity during the 2011 Census. 4.2 Diversity Breakdown 2014/2015 (Students) During academic year 2014/15 we had 3773 full time learners 52% were female and 48% male. 92% were under 19 years of age. 9% were from Black Minority Ethnic Community, 17% had a disability and/or learning disability/difficulty. 4.3 Diversity Breakdown 2015 (Staff) This information has been taken from NULC s Human Resources Report as at 1 October 2015. If you would like further information regarding this please contact Julia Bird, HR Manager. 6
Gender Staff Category Male Female Total No. %* No. %* No. %** Lecturers (FT & proportional) 81 37.85 133 62.15 214 35.2 Hourly Paid Staff 46 38.66 73 61.34 119 19.57 Support Staff 74 31.36 162 68.64 236 38.82 Managers 17 43.59 22 56.41 39 6.41 2015 Total 218 35.86 390 64.14 608 100.00 (2014 totals) 226 35.42 412 64.58 638 100.00 * % of category e.g. 37.85 % of Lecturers (FT & Proportional) are male. ** % of total e.g. 35.2% of staff are Lecturers (FT & Proportional). The College s gender representation for all staff is similar compared with general FE statistics which show a gender split of 36.11% males and 63.86% females. We have a slightly lower proportion of male lecturers then the general FE picture, which has 40.92% male lecturers. Our percentage of female managers has increased over the last few years but this year we have a slightly lower percentage of female managers than general FE which has 61.47% of female managers. Ethnicity Staff Category BME and any other White British, Irish, European and any other white Not known Total No. %* No. %* No %* No. %** 2 0.93 209 97.66 3 1.4 214 35.2 Lecturers (FT & Proportional) Hourly Paid Staff 8 6.72 105 88.23 6 5.04 119 19.57 Support Staff 3 1.27 225 95.34 8 3.39 236 38.82 Managers 0 0 39 100 0 0 39 6.41 2015 Total (2014 Total) 13 (13) 2.14 (2.04) 578 (567) 95.06 (92.79) 17 (23) 2.79 (3.61) 608 (638) 100.00 (100.00) 95.06% of employees are from a white background, and 2.14% are from a BME background. The most recent published statistics for ethnicity in the borough are from the 2011 census, and showed 95% of the local community are from a white background and 5% from a range of BME backgrounds. 7
Age Staff Category <30 30-39 40 49 50 59 60+ Total No. %* No. %* No. %* No. %* No. %* No. Hourly Paid 26 21.85 17 14.29 21 17.65 20 16.81 35 29.41 119 Lecturers 23 10.75 63 29.44 66 30.84 54 25.23 8 3.74 214 Support Staff 45 19.07 59 25 47 19.92 65 27.54 20 8.47 236 Managers 0 0 6 15.38 18 46.15 11 28.21 4 10.26 39 94 15.46 145 23.85 152 25 150 24.67 67 11.02 608 Total (2015 Totals) (106) (16.61) (142) (22.26) (165) (25.86) (156) (24.45) (69) (10.82) (638) All FE Colleges 9.88 18.53 26.11 28.83 16.31 * % of category e.g. 10.75 of lecturers are under 30 Our highest proportions of employees are in the 40-49 age range, closely followed by the 50-59 age range. The highest representation of Managers is in the 40-49 age range. Our age profile is slightly lower than general FE, where the highest proportion of employees is in the 50-59 age range. Disability Staff Category Declared disability No declared disability Not known Total No. %* No. %* No %* No. %** Lecturers (FT & 12 5.61 196 91.59 6 2.8 214 35.2 Proportional) Hourly Paid Staff 6 5.04 103 86.55 10 8.4 119 19.57 Support Staff 5 2.12 218 92.37 13 5.51 236 38.82 Managers 3 7.69 36 92.31 0 0 39 6.41 2015 Total (2014 Totals) 26 (27) 4.28 (4.23) 553 (576) 90.95 (90.28) 29 (34) 4.77 (5.49) 608 (638) 100.00 (100.00) * % of category e.g. 5.61% of Lecturers (FT & Proportional) are disabled. ** % of total e.g. 35.2% of staff are Lecturers (FT & Proportional). The percentage of known employees at NULC with a declared disability is slightly higher than in general FE which is 3.68%. 8
5 Legislation 5.1 The Equality Act 2010 The Equality Act 2010 legally protects people from Discrimination in the workplace and In wider society. It replaces previous anti-discriminatory laws with a single Act, making the law easier to understand and strengthening protection in some situation. It sets out the different ways in which it s unlawful to treat someone. www.gov.uk/guidance/equality-act-2010 The Act also brings about the ability to take positive action and gives greater focus on the need to identify and affect inequalities of outcome which result from socio-economic disadvantage. 5.2 The General Public Sector Equality Duty Section 149 of the Equality Act 2010 states that: (1) A public authority must, in the exercise of its functions, have due regard to the need to (a) (b) (c) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; foster good relations between persons who share a relevant protected characteristic and persons who do not share it. (3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to (a) (b) (c) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. (5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to (a) tackle prejudice, and 9
(b) promote understanding. Behaviour that breaches or contravene the aforementioned duties are a disciplinary offence and will be subject to the College s Bullying & Harassment Procedures. These documents are available on the College s intranet. 6 Responsibilities under this Scheme Corporation members have a statutory responsibility under the Articles of Government for determining the educational character and mission of the institution and for the oversight of its activities. This duty extends to safeguarding and championing equality and diversity within the College, ensuring that we fulfil our statutory obligations and annually monitoring the progress that we make towards achieving the targets that we set for ourselves. The Principal has overall responsibility for the day to day operation of the Scheme within the College. The Director of Curriculum & Performance is responsible for the application of the Scheme to all matters relating to the College curriculum. The Assistant Principal of Student Engagement & Partnerships is responsible for liaising with the Students Union Executive and other learner representatives regarding the promotion of equality and celebration of diversity across the College. The Director of Human Resources & Communications is responsible for the application of the Scheme to all matters relating to the appointment, training, appraisal, promotion and dismissal of staff. The Students Union Executive Committee is responsible for ensuring that the Students Union conducts its business in a manner which conforms to the requirements of this Scheme and promotes equality of opportunity amongst its membership. Members of the Safeguarding/Prevent and Equality & Diversity Group are entrusted with the task of monitoring and evaluating the College's progress in achieving the targets which it sets for itself in this area. College managers have collective and individual responsibility for promoting and championing the principles contained within the Scheme amongst all of their staff and students. All members of staff and learners are responsible for ensuring that they are aware of the College s statutory duties in relation to equal opportunities, that they uphold the principles underlying this Scheme in all of the actions and behaviour and that they actively challenge any instances of discriminatory behaviour. 10
7 Equality & Diversity Group (Incorporated into the Safeguarding/Prevent Group) The group will meet throughout each academic year to stay abreast of developments with regard to the duties and responsibilities placed on NULC It will drive targeted equality & diversity interventions where there is an identified need for change and improvement, reporting on gaps and developments for protected groups. It will organise opportunities to consult, share good practice, arrange celebration and specify training needs for staff at all levels. We will make every effort to ensure the group is representative of the staff and learners it serves. 8 NULC Equality Scheme The following pages set out the detail of our combined Scheme designed to protect our staff, learners and visitors. 8.1 Disability A person who has a disability is someone who has a physical or mental impairment, the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. NULC s Disability Equality Scheme forms part of this Equality Scheme and will continue to drive activities that further promote equality of opportunity between disabled and other people; eliminate discrimination and harassment; promote positive attitudes to disabled people; encourage participation by disabled people in public life, and take steps to meet disabled people s needs if this requires more favourable treatment. 8.2 Gender NULC s Gender Equality Scheme forms part of this Equality Scheme undertaking its general duty to promote equality of opportunity between men and women and eliminate unlawful sex discrimination and harassment. 8.3 Gender Reassignment A person has the protected characteristic of gender reassignment when the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person s sex by changing physiological or other attributes of sex. NULC ensures that the needs and rights of people planning to undergo, undergoing or having undergone the process (or part of the process) are met. 11
We will provide information that develops an understanding of our duty to prevent discrimination, harassment and bullying. The college will provide internal and promote access to external support mechanisms for those who are from the LGBT community with our staff and learners. 8.4 Race Equality Race means a person s colour, and/or nationality (including citizenship), and/or ethnic or national origin and a racial group is composed of people who have or share a colour, nationality or ethic or national origins. A person has the protected characteristic of race if they belong to a particular racial group, such as British people. Racial groups can comprise of two or more racial groups such as British Asians We recognise and celebrate staff and learner s defining activities that fulfil our duty to eliminate discrimination, harassment and victimisation to promote equality of opportunity and good relations between persons of different racial groups. Through monitoring and reviewing opportunities we will improve the College s policies and procedures, ensure that it is compliant and ensure that race equality is fully embedded into the strategic framework of the College. We will include arrangements for gathering and using information on race equality in employment, services and functions. Create opportunity to celebrate the diversity and cultures of our learners, staff and local community. 8.5 Age Equality The Act defines age by reference to a person s age group and when it refers to people who share the protected characteristic of age, it means they are in the same age group. An age group can: mean people of the same age or a range of ages be wide such as people under 50 be narrow such as people in their mid-50s or people born in a particular year be relative, such as older than me or older than us be linked to actual or assumed physical appearance which may bear little relation to chronological age such as the grey workforce. NULC will ensure that people of all age groups are not discriminated against in accessing services, work or study. The College will consider best practice in the areas of employment, retirement, redundancy, statutory sick pay and, discrimination, harassment and or victimisation in the workplace or at study (whether it be directed at them or another party). 12
8.6 Religion and Belief Equality The protected characteristic of religion or belief includes any religion and any religious or philosophical belief. It also includes a lack of any such religion or belief. A religion need not be mainstream or well known to gain protection as a religion. It must though, be identifiable and have a clear structure and belief system. Denominations or sects within religions may be considered a religion. Cults and new religious movements may also be considered religions or beliefs. Belief means any religious or philosophical belief and includes a lack of belief. Religious belief goes beyond beliefs about and adherence to a religion or its central articles of faith and may vary from person to person within the same religion. A belief which is not a religious belief may be a philosophical belief, such as humanism or atheism. A belief need not include faith or worship of a god or gods, but must affect how a person lives their life or perceives the world. It must be genuinely held. It must be a belief and not an opinion or viewpoint based on information available at the moment. It must be a belief as to a weighty and substantial aspect of human life and behaviour. It must attain a certain level of cogency, seriousness, cohesion and importance. It must be worthy of respect in a democratic society. It must be compatible with human dignity and not conflict with the fundamental rights of others. NULC will create opportunities to share in celebration activities that aim to nurture openness and understanding between all faiths and none We will provide information that develops an understanding of our duty to prevent discrimination, harassment and bullying. NULC is a non-secular organisation and endeavours to welcome learners, staff and visitors regardless of their religion or belief preferences. Everyone is regarded as an individual and the contributions they make to the diversity of the College are encouraged and valued. We will: accommodate religious needs, such as requests for time off to observe religious festivals, and accept a person s religious belief system meet specific dietary requirements, such as halal food provide a multi-faith room and offer the support of our chaplain. 13
8.7 Sexual Orientation Equality Sexual orientation means the attraction a person feels towards one sex or another (or both), which determines who they form intimate relationships with or are attracted to. Some people are only attracted to those of the same sex (lesbian women and gay men). Some people are attracted to people of both sexes (bisexual people). Some people are only attracted to the opposite sex (heterosexual people). Everyone is protected from being treated less favourably because of sexual orientation, whether they are bisexual, gay, lesbian or heterosexual. The College will provide internal and promote access to external support mechanisms for those who are from the LGBT community with our staff and learners. 8.8 Pregnancy & Maternity The Equality Act and other aspects of employment law means that a woman is protected against discrimination on the grounds of pregnancy or maternity in the protected period in relation to a pregnancy of hers, if she is treated unfavourably (a) (b) because of the pregnancy, or because of illness suffered by her as a result of it. The College will support staff and learners who become pregnant during the course of their work or studies. 8.9 Marriage & Civil Partnership The College recognises the rights of individuals whether married or married within a civil partnership, the college will recognise and not discriminate against learners or staff on the basis of their marital status or civil partnership. 8.10 Socio-economic Duty NULC will ensure we consider the impact that our strategic decisions have on narrowing socioeconomic inequalities. We will look to data regarding indices of deprivation of the wards we serve. We will seek to understand new ways to encourage learners from these wards to raise their aspirations and seek a route to improved economic wellbeing through positive interventions. As a response, the college gives priority access for financial support to students from disadvantaged households. 14
9 Communication and Engagement NULC will take every opportunity to celebrate the diversity of our learners, staff, volunteers and local community. It will communicate in a way that is both accessible and broad in style and method. Hard copies, in a variety of formats will be available upon request. The Equality Scheme is published and included on the College web site and Intranet, and will be reviewed in academic year 2017/2018 and priority actions acknowledged annually, adapting to the identified need and reflecting new learning. The Equality Scheme recognises the need to continue to engage with a diverse range of groups in shaping the services of NULC to ensure that every individual working for the College, studying here, or visiting feel that they are welcome, valued and treated fairly. 15
Appendix A Glossary of Terms Due to the nature of each of the protected characteristics it means that discrimination can take many forms; an explanation of each of the types of discrimination can be found here:- Direct Discrimination Direct Discrimination consists of treating a person less favourably than others on the grounds of age, disability, gender reassignment, race, religion & belief, sex, sexual orientation, marriage & civil partnerships & pregnancy and maternity. Discrimination by Perception A person treated less favourably or harassed/victimised based on a perception that the affected has one of the protected characteristics and is targeted because of this. Indirect Discrimination Indirect discrimination is a condition or requirement that applies to all, but in practice; a) has a detrimental effect upon a group of individuals b) means that a smaller proportion of people of a particular protected group can comply than the proportion of other persons; and c) cannot be fully justified. Victimisation Victimisation consists of taking actions against a person or treating him/her less favourably for asserting his/her rights or because he/she has taken action in support of the rights of people in the groups. To treat them unfairly: to single somebody out unfairly for punishment or ill treatment. Harassment Harassment takes many forms. It is the unwelcome physical, verbal or non-verbal conduct that creates an intimidating, hostile or humiliating environment for the recipient. The way in which the College deals with reported harassment is shown within our complaints procedure and guide those affected to use the following reporting mechanismshttp://intranet.nulc.ac.uk/html/complaints/or http://www.challengenorthstaffs.org/ The definition of harassment according to the act is described as follows:- a) violating a person s dignity b) creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. 16
Harassment by a third party A person for whom we have a duty of care may experience harassment by a third party. The college will make every effort to protect those who work and study here encouraging and supporting the reporting of such incidents and make suitable preventative efforts to reduce the likelihood of future occurrences. Associative discrimination Associative discrimination is behaviour motivated against an individual because of their association with someone who has a protected characteristic. Combination Discrimination It has been noted that people who experience more than one of the protected characteristics can encounter double discrimination, a combination of any of the characteristics can mean that these can lead to obstacles or barriers that only they in their own unique circumstances experience. Vicarious Liability If a contracted or subcontracted member of staff takes an action that has a discriminatory effect, the employer could be deemed responsible, except where they have taken clear steps to ensure that such discriminatory acts do not happen. Positive Action Students/employees with protected characteristics may be disadvantaged for social or economic reasons or for reasons to do with past or present discrimination. The Act contains provisions which enable NULC to take action to tackle the particular disadvantage, different needs or disproportionately low participation of a particular student group, provided certain conditions are met. These are known as the positive action provisions and allow us to take proportionate action to remedy the disadvantage faced by particular groups of students. Such action could include targeted provision or resources or putting in place additional or bespoke provision to benefit a particular disadvantaged student group. Positive action is not the same as positive discrimination which involves preferential treatment for a particular disadvantaged student group which does not meet the positive action conditions. 17
NULC Core Values (Fundamental British Values) At Newcastle under Lyme College we have adopted the Fundamental British Values identified as part of the Prevent Duty (March 2015). These values are: democracy the rule of law individual liberty mutual respect and tolerance for those with different faiths and beliefs NULC Core Values are promoted in all aspects of the student experience including: Enrolment and Induction Teaching learning and assessment Tutorial provision Enrichment and wider college activities Students Voice Student Council Pastoral and welfare support 18