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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