Dear Colleagues,

My views on this are as follows:
We are all aware that the RRAA requirements are the best template to
use, where possible, in order to ensure that institutional practice is
responding appropriately and adequately, to the statutory requirements
of all the Equality and Diversity (E&D) regulations.

The two most demanding and encompassing of all the regulations are the
"burden of proof" and "vicarious liability" which take into account the
need for defining relevance and proportionality of institutional
functions, processes, procedures, initiatives, customs, practices,
written or unwritten, formal or informal, spoken or unspoken, to
Equality and Diversity. 

This should further link to Governors' staff and student needs, (roles,
responsibilities, accountabilities and liabilities)the needs of all
those likely to be affected, communication and consultation strategies,
impact assessments, monitoring, review, publishing and how all these
will inadvertently inform institutional practice, through the published
institutional E&D Policies and Action Plans.

Other organizations could/should be approached for advice, support
and/or assistance inn these highly complex areas of functioning. For
instance there are different denominational organizations to consult
about religion and belief and/or non belief and others for sexual
orientation issues.

Given all the above, if we are seeking to ensure that institutional
practice takes the statutory requirements on sexual orientation and
religion/belief, into evidential account then all institutional
functions will need to be seen to be implemented in a particular way.
This will also ensure that, should any challenge or complaint be made
against institutional practice, institutional E&D mainstreaming and
inclusive functioning evidence will be available to illustrate that we
were doing all that we possibly can, under the reasonable and
practicable test. It would also ensure that institutional practice was
working to be anti-discriminatory, for all those involved with the
institution.

E&D needs are non-hierarchical and non divisible so any E&D influenced
action that we take, be it race, sex, disability, sexual orientation,
religion/belief and/or non-belief and age, has to at least, be within
the above mentioned statutory parameters. If this is not done, we are
potentially, likely to end up "ticking boxes" without affecting
institutional practice in the appropriate way, as required by both the
letter and the spirit of E&D statutory requirements. This could then
result in unlawful institutional discriminatory practice, that all of us
are, after all, confessing to be against.

The what, why, when and how of the monitoring of staff cannot be
considered and/or conducted in a vacuum, especially where Equality and
Diversity requirements are concerned. It is only given the correct
meaning by the bigger institutional picture, within which institutional
functioning needs to occur in a particular way.

Comments, suggestions etc. are most welcome.
Regards
Mannie.     

-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Tracy Brunnock-Cook,
Equality and Diversity Advisor
Sent: 11 June 2004 15:07
To: [log in to unmask]
Subject: Monitoring of Staff

Dear all,

Please could you inform me if you currently monitor/are planning to
monitor
staff in your institutions by sexual orientation and religion/belief?
We
are considering monitoring in these areas at Bristol, so any advice
would
be greatly appreciated.

Thank you.

Best wishes,

Tracy.

******************************************
Tracy Brunnock-Cook
Equality and Diversity Advisor
******************************************
Office of the University Secretary
University of Bristol
Senate House
Tyndall Avenue
Bristol
BS8 1TH
*******************************************
Email: [log in to unmask]
Direct Line: 0117 33 17029
Secretary: 0117  33  17311
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