FS - The Race Relations _Amendment_ Act _ext_

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					The Race Relations
(Amendment) Act 2000

1. INTRODUCTION                                    delivering services, regulation and
                                                   enforcement, and employment practice.
The Race Relations Act 1976 as amended             The weight given to a function should be in
by the Race Relations (Amendment) Act              proportion to its relevance to race equality.
2000 gives public sector bodies in England,
Scotland and Wales a statutory duty to             The specific duties demonstrate how
promote race equality.                             public authorities are going to meet the
                                                   general duties. The specific duties placed
The Race Relations (Amendment) Act 2000            on FE colleges are to:
came into effect in April 2001. It extends
protection from unlawful racial discrimination     •   prepare a written race equality policy;
in a number of key aspects of service
delivery by the public sector and places a         •   assess the impact of policies on
new enforceable duty on listed public                  students and staff from different racial
authorities, which include FE colleges and             groups;
universities, to have due regard to race
equality in everything they do.                    •   monitor the admission and progression
                                                       of students and the recruitment and
For Northern Ireland, the relevant legislation         career progression of staff by racial
is the Race Relations Order (Amendment)                group;
Regulations (NI) 2003. For specific details
please refer to:                                   •   include arrangements in the written race          equality policy for publishing the results
                                                       of assessment and monitoring; and
You can also find more information at the
Equality Commission for Northern Ireland           •   take steps to publish the results of
website:                     monitoring and impact assessment.

                                                   The Learning and Skills Council was
2. GENERAL AND SPECIFIC DUTIES                     originally tasked with publishing an annual
                                                   analysis by ethnicity of further education
The Act is made up of ‘general’ and                teaching staff. Responsibility for staff data
‘specific’ duties. The general duties state        collection has now passed to LLUK.
that public authorities must have ‘due
regard’ to the need to:                            The Commission for Racial Equality (CRE)
                                                   prepared a statutory code and non-statutory
•   eliminate unlawful racial discrimination;      guides to assist public authorities in the
                                                   delivery of their duties:
•   promote equality of opportunity; and
                                                   •   The Duty to Promote Race Equality: a
•   Promote good relations between                     guide for FE and HE Institutions; and
    persons of different racial groups.            •   Ethnic Monitoring: A guide for public
The aim of the general duties is to make
promoting race equality central to the way         For information please refer to the Equality
public authorities work, and to all areas of       and Human Rights Commission’s website:
their work. This includes developing policies,

Increasing the Diversity of the FE System Workforce: Strategic Support
3. WHAT MAKES A GOOD RACE                           6. HOW IS THE DUTY ENFORCED?
                                                    The CRE has authority to enforce the Act's
The race equality policy should be a written        duties, and this authority has passed to the
statement of responsibilities and                   Commission for Equality and Human Rights.
commitments and could be linked to an               The CRE has the power to issue a
action plan. A good policy should:                  ‘compliance notice’, which orders a public
                                                    authority to meet the specific duties within a
•    be part of the institution's annual plan;      timescale.

•    give details of how the institution will put
     the policy into practice, monitor it, and      7. HOW DOES THIS AFFECT MY WORK
     assess how effective it is;                       IN THE SECTOR?

•    provide a framework for building race          When carrying out your work, as a start, you
     equality into other relevant policies, and     should be asking yourself some of the
     into all relevant areas of the institution's   following questions:
     activities; and
                                                    •   Do members of ethnic minority
•    explain what the institution will do if the        communities have different needs? Is
     policy is not followed.                            the work I am doing recognising and
                                                        meeting these different needs?

4. WHAT IS POSITIVE ACTION?                         •   How do we recruit, develop, and retain
                                                        staff into the sector and do our policies
Positive action, as defined in the Race                 include any unnecessary barriers to
Relations Act (1976), remains an                        certain ethnic groups?
important device, under-used by colleges,
for addressing racial inequalities. It              •   How can I use positive action, such as
constitutes the only lawful means to tackle             mentoring schemes and targeted
the under-representation of certain groups in           training, to encourage diversity within
employment, allowing institutions to target             the sector’s workforce?
on-the-job training, and staff recruitment.
However, positive action does not allow you         •   Are certain ethnic groups under or over
to discriminate when deciding who to select             represented in certain curriculum
for the job.                                            areas? If so, how can I try and rectify
                                                        this occupational segregation?

5.   HOW DOES THE DUTY APPLY TO                     •   Do I have access to sufficient and
     CONTRACTED SERVICES?                               reliable data that can allow me to
                                                        measure the effect of policies and
Public authorities are responsible for                  practices of minority ethnic groups
meeting these duties, including those                   working in the sector?
carried out by someone else through a
contract or a service-level agreement. Public       •   How can I use the marketing material I
authorities should consider including these             produce to promote positive attitudes
duties in the contract or agreement as                  towards ethnic minorities and challenge
performance standards for delivering the                negative stereotypes?

Increasing the Diversity of the FE System Workforce: Strategic Support

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