Dear Katya
Thank you for your email. I will try and clarify any confusion in
regards to my previous email.
As a starting point I think it is important to recognise that there are
two distinct monitoring systems, which I'll go into further detail
below:
1. Anonymous disclosure through surveys or other mechanisms
2. Consensual disclosure for use on official staff records
1. On the one hand institutions monitor the equality profile of their
workforce for statistical data purposes. Through this process staff
should have the opportunity to anonymously disclose any equality
information, such as whether they are disabled. This process should not
offer any opportunity to identify individuals, for example it should not
be possible to match up monitoring form reference numbers to staff
personal record numbers.
Anonymously disclosed information can be used to enable analysis of
staff from different equality groups within the workforce. This will
enable institutions to monitor pay and employment policies to ensure
there are no barriers or discrimination in these processes or elsewhere
in the workplace, and also to compare to the rates for the other form of
disclosure (described below).
2. The other form of disclosure is when a member of staff discloses to
the employer that they have a disability and gives consent for this to
be captured on their staff personal record. Different institutions will
different mechanisms for recording data on their employees. What is
important is that these records are secure and there is a formal policy
on confidentiality to comply with the Data Protection Act. Monitoring of
this data could be for purposes such as analysing the levels of take up
of support services or reasonable adjustments, which might be useful in
future budgetary planning.
It is more likely than not that institutions will find disparities
between the rates of disclosure from these two different monitoring
processes. These variations could be due to a number of factors,
including staff perceptions of the benefit to them of disclosing this
information, which can be often linked to the culture of the
institution. Research within the equality and diversity sector has shown
that progress towards an inclusive culture can bring greater parallels
between the two disclosure rates.
I hope this response is helpful.
Have a good weekend.
Stuart Moore
Policy Adviser
Direct tel 020 7438 1023
E-mail [log in to unmask]
Switchboard 020 7438 1010
Fax 020 7438 1011
Equality Challenge Unit
7th Floor, Queens House
55/56 Lincoln's Inn Fields
London WC2A 3LJ
*******************************DISCLAIMER*******************************
****
Equality Challenge Unit
Company limited by guarantee, number 05689975
Registered charity, number 1114417
Registered office: 7th floor, Queens House, 55/56 Lincoln's Inn Fields,
London WC2A 3LJ, United Kingdom.
Equality Challenge Unit (ECU) promotes equality and diversity in higher
education. ECU is funded by Universities UK, GuildHE, and the UK higher
education funding bodies (HEFCE, HEFCW, DEL-NI) and by SFC to work in
collaboration with Equality Forward in Scotland.
Although every effort is made to ensure that the information contained
within this email is accurate and up to date, ECU cannot be held
responsible for any errors or omissions. The information is not a
substitute for legal advice, and should you require more specific advice
you should consult an appropriately qualified professional advisor.
This message is confidential. If you are not the intended recipient you
should not copy or disclose this message to anyone but should kindly
notify the sender and delete the message. Opinions, conclusions and
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-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Katya Hosking
Sent: 01 August 2008 13:23
To: [log in to unmask]
Subject: Re: Disability - considering someone as disabled
Hi Stuart,
As I understand your first point, it sounds as though data for
statistical purposes (that is,
monitoring?) ought to be collected and held separately from the staff
records in an HR database -
that's the only way it could be done anonymously, without the
possibility of identifying an
individual. Is that what you had in mind?
If so, wouldn't that severely limit what you could monitor? Unless
disability status is recorded
within an individual staff record you can't link data on disability with
any of the other data in
staff records, such as promotions, training, disciplinary action, or
whatever. And I thought that
was exactly the point, that we need to be able to see whether disabled
people move through the
system differently. Obviously, that requires consent to the kinds of
processing you're proposing to
do, but I'd have thought that's pretty much a minimum for meaningful
monitoring.
Would the requirement of anonymity be satisfied by having different
pages within a staff record,
access to some of which is carefully restricted?
Best wishes,
Katya
Katya Hosking [log in to unmask]
Inclusive Curriculum Officer
Cardiff University
>>> Stuart Moore <[log in to unmask]> 01/08/2008 12:51:07 >>>
Pamela
Seeing as there has been a high level of interest comments from
colleagues in this discussion I thought I would add ECU's perspective.
Firstly, in regards to only whether self-disclosure should count for
statistical purposes. ECU would recommend that institutions operate a
self-disclosure policy for gathering statistical monitoring data on the
workforce profile by equality groups. Disability disclosing for a
statistical purpose should be both a confidential exercise - with
clearly defined controls on who has access to the data - and anonymous,
so that no one can be individually identified from their disclosure,
unless they give their consent otherwise.
Institutions should also be providing opportunities for staff to
disclose for purposes of applying for adjustments or support. Any
personal information should only be used for the purpose for which it
has been disclosed. If disclosed information is being kept on staff
personnel records it is important to maintain and guarantee
confidentiality and ensure that the processes for collecting and storing
such information is compliant with the Data Protection Act. It is
essential that monitoring exercises claiming to be anonymous actually
are and that there are no means that might lead to an individual being
identifiable.
If evidence shows that there is disparity between the levels of staff
who have disclosed anonymously and those that have declared openly it
may be an indication of cultural issues that need addressing within the
institution. For example, a disabled member of staff may feel
comfortable in disclosing to a colleague, but may have reservations
about doing so to the institution (as an employer). Behaviour & culture
change and effective communication channels can play an important role
in encouraging disclosure. Through effective communication the reasons
for monitoring can be explained and confidentiality assured, benefitting
towards trust, confidence and good relations between the member of staff
and the employer.
As Kate Parsons mentioned, ECU is working with a group of institutions
looking at piloting a range of interventions that will encourage greater
disclosure of disability, as well as ethnicity, sexual orientation and
religion and belief. Some of these interventions include:
* Develop staff monitoring forms that encourage disclosure (example of
which, for disability disclosure, is available on pp31-33 of ECU's
Disclosure and Support Issues for Disabled Staff in Higher Education
final report)
. A well designed monitoring form should include explanatory text on the
procedure following disclosure; what the HEIs policy is against
discrimination; and what other support is available. In regards to
disability, monitoring forms should use language that promotes the
social model
* Develop robust IT HR self-service systems that are secure in terms of
confidentiality and are able to produce accurate data.
* Review recruitment procedures in order to encourage applications from
disabled people; guaranteeing interviews to disabled applicants meeting
the job requirements. Sign up to schemes such as the 'Mindful Employers
Charter', and the requirements of the 'Two Ticks' scheme. And adopt open
and inclusive recruitment processes, especially for part-time and/or
temporary staff
* Improve data on the whole 'supply chain' from postgraduate study into
academic careers, to identify where inequalities and barriers exist for
people in the different equality categories
* Disseminate good disability equality practice and examine how the
institution meets its duty of care in relation to stress prevention and
the generation of ill-health - looking in particular at a preventative
role for occupational health services
* Use staff intranet sites to provide information on equality disclosure
and what support is available
* Develop staff newsletters to include regular articles on equality and
disclosure issues.
ECU will be keeping the sector informed of the progress of this project
and will be publishing a report in 2009.
I hope you find this response helpful.
Stuart Moore
Policy Adviser
Direct tel 020 7438 1023
E-mail [log in to unmask]
Switchboard 020 7438 1010
Fax 020 7438 1011
Equality Challenge Unit
7th Floor, Queens House
55/56 Lincoln's Inn Fields
London WC2A 3LJ
*******************************DISCLAIMER*******************************
****
Equality Challenge Unit
Company limited by guarantee, number 05689975
Registered charity, number 1114417
Registered office: 7th floor, Queens House, 55/56 Lincoln's Inn Fields,
London WC2A 3LJ, United Kingdom.
Equality Challenge Unit (ECU) promotes equality and diversity in higher
education. ECU is funded by Universities UK, GuildHE, and the UK higher
education funding bodies (HEFCE, HEFCW, DEL-NI) and by SFC to work in
collaboration with Equality Forward in Scotland.
Although every effort is made to ensure that the information contained
within this email is accurate and up to date, ECU cannot be held
responsible for any errors or omissions. The information is not a
substitute for legal advice, and should you require more specific advice
you should consult an appropriately qualified professional advisor.
This message is confidential. If you are not the intended recipient you
should not copy or disclose this message to anyone but should kindly
notify the sender and delete the message. Opinions, conclusions and
other information in this message that do not relate to the official
business of ECU shall be understood as neither given nor endorsed by it.
No contracts shall be concluded by means of this e-mail.
Neither ECU nor the sender accepts any responsibility for viruses. The
administrator of this e-mail service reserves the right to access and
disclose all messages sent over its e-mail system.
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Pamela Graham
Sent: 31 July 2008 09:31
To: [log in to unmask]
Subject: Disability - considering someone as disabled
Dear colleagues
Do you only rely on self disclosure to count staff as having a
disability, record this on the personnel record system and use the data
for monitoring etc.?
Has anyone decided to extend this to include members of staff whom you
know have a disability, either because they have been seen by
Occupational Health or have told you they have cancer or MS etc., but
they do not want to declare them selves disabled? This would rely on the
position that if the University knows someone has a disability we are
liable for all the associated responsibilties and obligations. Do you
think it would be fair to then add this category to their personnel
record and use the data for monitoring etc.
Many thanks
Pamela
Pamela Graham
Equality and Diversity Adviser
Policy & Projects Team
Human Resources
Newcastle University
1 Park Terrace
Newcastle Upon Tyne
NE1 7RU
+44 (0) 191 222 3440
[log in to unmask]
My working days are Wednesdays, Thursdays and Fridays.
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let us know immediately so we can discuss any equipment or facilities
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