Are you undergoing restructuring or redundancy?

Do you know how to avoid all the different types of unlawful discrimination in these situations? Have you assessed the impact of your plans or decisions in terms of equality and diversity? Are you aware of guidance by the Equality and Human Rights Commission that might help you to understand your legal obligations as an employer?

It’s a sad sign of the times that many providers are considering or implementing restructuring and / or redundancy in response to funding cuts. But employers must ensure that they avoid all the different types of unlawful discrimination in these situations. Unions will often, rightly, ask to see evidence that the impact of plans or decisions has been properly assessed in terms of equality and diversity. One way of assessing impact is to carry out an equality impact assessment. 

The Equality and Human Rights Commission has published guidance for employers that covers the following situations:

• dismissing a worker, whether that is for misconduct or because they can no longer do their job
• making a worker redundant when their job is no longer needed
• retiring a worker, provider retirement can be objectively justified.

To download this guide, click here

There is a great deal of confusion in the sector on whether providers still need to carry out equality impact assessments (EIAs). In a speech to a CBI conference in 2012, David Cameron said ‘We are calling time on Equality Impact Assessments…we don’t need all this extra tick-box stuff’. This led some to believe that they no longer needed to carry out EIAs. This misconception may also have arisen by introduction of the Ofsted 2012 inspection framework, which has less emphasis on paperwork and processes, and more emphasis on impact and practice.

I wrote a short briefing paper on behalf of LSIS and the Skills Funding Agency, to help separate fact from fiction in relation to EIAs. Informed by Ofsted and the Equality and Human Rights Commission, the guide explores the legal requirements for carrying out equality impact assessments, implications for inspection outcomes, and reflects on the Prime Minister’s comments.

To download the guide, click here

To see information about training for staff on carrying out equality impact assessments, click here