Our case studies this month look at two organisations that have recognised the importance of having a workforce that reflects the diversity of the communities they serve. We also have part two of “Compensation awards 2009”.
Compensation awards
This month’s compensation awards survey covers all the jurisdictions apart from sex and race (covered in part 1, EOR 201), and includes combined jurisdiction cases.
As in previous years, our survey of all discrimination cases where compensation was awarded reveals that disability discrimination attracts the highest amounts. We found that there were fewer disability cases where compensation was awarded, but the overall amount that employers had to pay out was substantially higher, at almost £3 million. This is due to the fact that there were five awards over £100,000, including one for £3/4 million – the highest disability award to date.
The levels of awards generally for disability have once again increased, with over half of awards being for £10,000 or more, compared with just over one-third of sex discrimination cases and less than one-third of race cases.
Age discrimination compensation is also high, again showing an increase on previous years. Half of these awards also were £10,000 or more. The injury to feelings awards also increased, although the median remains relatively low, at £3,750 – the second lowest of all the jurisdictions (after race).
Despite religion or belief discrimination causing much controversy, the number of cases where awards were made in 2009 was very low, with just two such cases.
Diversity training
Enterprise Rent-A-Car commissioned external consultants to devise a tailored training package that has been used to persuade managers of the benefits of managing diversity well for the future growth of the business. It felt it was important that diversity was not regarded as an HR issue, and the training for all staff is delivered by in-house trainers who come from the whole range of operational areas such as finance and sales.
Recruitment drive
Tower Hamlets Borough Council and NHS Tower Hamlets have joined forces to implement a strategy for fair recruitment. Using joint initiatives, the organisations have changed their recruitment methods so that applicants, who register their information online, can be considered for a range of posts rather than having to apply separately for individual posts as they arise.
Positive action entry-level schemes for apprentices have also been implemented, mainly targeted at the Bangladeshi and Somali communities. Other initiatives include: a placement scheme for unemployed local people that will prepare them to successfully apply for permanent posts; management development programmes aimed at ethnic minority and disabled employees; and a personal development programme to empower disabled staff.
Religion or belief
As referred to above, the religion or belief equality Regulations have attracted much debate. In this month’s Diary, Michael Rubenstein looks at it from the point of view of humanists. He reports on a symposium held by the Humanist Philosophers, and highlights the contribution by David Pollock, president of the European Humanist Federation, on the extent to which conscientious objection on religious grounds can or should be accommodated. Pollock concludes that society should be sympathetic to conscientious objections but not without conditions.
Role of the EU and ECJ
An important decision of the European Court of Justice (Grand Chamber) is reported in In the Courts. In Kücükdeveci the ECJ has ruled that national courts must disapply national legislation that is contrary to the principle of equal treatment as established in EU law. Although Directives are not directly enforceable against private employers (horizontal direct effect), they can in fact be given effect where a Directive reflects a general principle of EU law, such as equal treatment. Michael Rubenstein states that in this decision the ECJ can be seen as “asserting – or overreaching – itself”, and that the ruling changes the relationship between EU and national law.
Subscribers to EOR Online can read the full text of all the articles mentioned above as well as our usual news, diary and case reports in Issue 202.
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