Dear Virginia,
Thank you for your pointer. However, while I agree with you that most of the
attached document is about the Govt's. consultation on the EU directive, I
deliberately included it to remind colleagues of and emphasise the pending
equality legislation and the advice given by the ECU, especially in
paragraph 24 on page 3 of the document.
It was not intended to relate to any RRAA issues per se, except that the ECU
advice to HEIs has always been for them to consider how best they can use
the RRAA template to inform a holistic approach towards mainstreaming
equality and diversity issues in all their relevant functions. This is the
Govt's " agenda for equality in the 21st century" but I think most
importantly for our sector and society, the only way to ensure best
employment and service provision practice for all.
I felt this was a relevant point to raise as the query was about how best
religion could be used as one of the monitoring criteria.
Thanks again and please keep those comments coming.
Regards
Mannie.
Mannie Kusemamuriwo
Policy Adviser: Ethnicity & Cultural Diversity
Equality Challenge Unit
3rd Floor, 4 Tavistock Place
London WC1H 9RA
Tel 020 7520 7060
Fax 020 7520 7069
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-----Original Message-----
From: Virginia Wainwright [mailto:[log in to unmask]]
Sent: 20 June 2002 09:36
To: [log in to unmask]
Subject: Re: RRAA: Issues raised by colleagues
Mannie:
I think you included the wrong attachment - this one is relevant to a
consultation on the EU directives which took place earlier this year
and not what you said about the RRAA in your email.
Regards
Virginia
On Wed, 19 Jun 2002 16:24:26 +0100 Emmanuell Kusemamuriwo
<[log in to unmask]> wrote:
> Dear All,
>
> From time to time I get certain issues, pertinent to the RRAA, raised
> by
> colleagues within our sector and because I feel that it might be
> beneficial
> to others, I will be anonymising them and putting them out, including my
> advice. Please feel free to come back to me at any time, with comments
> and/or suggestions. In this way, we can work together in adding to our
> information base.
>
> Please find below, the latest issue raised and the answer given.
> I look forward to hearing from you.
>
> Regards.
> Mannie.
>
>
>
> Hello Manny
>
> Welcome back from your well earned holiday!
>
> I have a query regarding religious affinity. In the CRE ethnic
> monitoring
> guidelines (page 8) it states that when monitoring service provision, it
> might be useful to ask extra questions with regards to religion etc.
>
> However it makes it clear that we should not ask questions relating to
> religion or refugee status in connection with employment.
>
> As part of EO monitoring we would like to ask a voluntary question on
> religion at application for study stage with regards to students. Would
> the
> advice be the same for students as it is for employment i.e. do not ask
> the
> question at this stage.
>
> Regards,
>
>
>
> Dear ,
>
> Thanks for your kind words, it is nice to be back because I did miss you
> all!!!!
>
> Regarding your query, my advice would be ...
>
> Please ask your students and/or employees, as many questions as you
> could
> possibly ask (within certain parameters of course) because the more you
> establish the needs of your students and/or employees, the more likely
> you,
> as a service provider and an employer who is constantly working to
> adopt and
> implement best practice, are likely to get it as right as possible.
>
> You will however need to always remember though that the more questions
> you
> ask the more you have to enable your staff, who are responsible for
> monitoring, to perform this important task in an appropriate manner,
> through
> adequate training that is provided by a relatively qualified trainer.
> Otherwise it will not work if staff are not confident enough to
> adequately
> explain why you are asking certain questions.
>
> We also have to always remember that we are dealing with very sensitive
> issues and feelings, around this area. Some students and staff,
> especially
> those from Minority Ethnic backgrounds, have and/or know of someone who
> has,
> been through very negative experiences based on personal information
> they
> have divulged. Others, including staff who are monitoring, might feel
> it is
> none of the institution's business to know this information, until they
> are
> correctly informed of course. There is also the Data Protection Act to
> contend with. All those involved will therefore need to be appropriately
> informed and be assured enough so they can ask for and be given the
> desired
> answers. This can only be adequately accomplished through adequate
> training
> of the staff who are expected to implement ethnic monitoring strategies.
>
> Also when those involved know and own the result of what they are
> informedly
> participating in they will be more willing to work at issues with the
> institution and will be able to take responsibility more readily, when
> things either happen or need to happen. This takes away the
> conflict/suspicious environment and creates a more conducive atmosphere
> for
> both the institution and either student or employee to objectively work
> together in . It is a much more natural way of working and therefore
> more
> assured of succeeding.This is something that has been tried, tested and
> proved to work, in other institutions, as an effective way of
> guaranteeing
> high monitoring returns.
>
> The bottom line justification for this is that, (not mentioning the RRAA
> General and Specific Duties) the Towards Equality and Diversity
> Legislation
> for HEIs on Sexual Orientation, Religion, Disability and Age is now
> looming
> and my advice to institutions is to be pro-active and start now to look
> at
> these areas of implementation rather than wait to adopt a reactive
> response
> later on when the legislation is upon us. From our experiences with the
> RRAA
> requirements, it is definitely more practical to do it this way than let
> ourselves be ambushed by potentially litigious issues when we could have
> adequately prepared ourselves. Besides, it goes without saying that as
> institutions that are genuinely constantly working towards best
> employment
> and service provision practice,this would be a logical and practical
> step to
> make. After all we can all put our heads together and come up with the
> best
> possible way forward on this!!!!
>
> The CRE advice on page 8 of The Guide for Public Authorities on Ethnic
> Monitoring is being given in the context of an employer who might be
> viewed
> by the prospective employee, based on certain questions, as asking those
> particular questions in order to discriminate against that particular
> employee on grounds that might be concluded from certain answers(as has
> happened many a time from the CRE's case-work evidence). The CRE would
> not
> in any way, dissuade any employer or service provider from appropriately
> communicating with their employee or student in such a way as to
> positively
> establish their needs so that they may work together to adequately and
> appropriately address those real needs. This is why Section 71 of the
> 1976
> Race Relations Act was amended into the RRAA, in the first place.
>
> In conclusion, I would say that any monitoring strategy that an
> institution
> seeks to implement as a way of working towards best employment and
> service
> provision practice, should be encouraged, notwithstanding the pending
> legislative obligations. Your intention to ask a question or questions
> on
> religion or any other area in order to identify real needs and/or
> impact of
> institutional policies, is progressive and positive and is commensurate
> with
> the advice that the ECU has been giving to institutions as to the best
> way
> of dealing with the implementation of the Towards Equality and Diversity
> Employment Directive (please refer to the attached paper, especially
> paragraph 24 on page 3)
>
> I hope this answers your query and if you need to know more then please
> do
> not hesitate to get back to me.
>
> Can I also ask whether you would mind if I were to put your query and my
> answer out to the Jiscmail, in an anonymised form of course? I think
> your
> question is so pertinent it will be helpful for other institutions to
> know,
> after all we are about sharing good/best practice ideas.
>
> I look forward to hearing from you soon.
>
> Regards
> Mannie.
>
> <<Towards Equality and Diversity txt only.doc>>
>
>
>
>
>
> Mannie Kusemamuriwo
> Policy Adviser: Ethnicity & Cultural Diversity
> Equality Challenge Unit
> 3rd Floor, 4 Tavistock Place
> London WC1H 9RA
>
> Tel 020 7520 7060
> Fax 020 7520 7069
> [log in to unmask]
>
>
>
>
----------------------
Virginia M Wainwright
Equal Opportunities Officer
King's College London
James Clerk Maxwell Building
57 Waterloo Road
London SE1 8WA
020 7848 3399
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