THE BRANCH PROUD TO OPPOSE FASCISM, HATE AND THE BNP
CWU Black Workers’ Conference will be held on Saturday 6th February 2010 at The Apex City Quay Hotel & Spa, 1 West Victoria Dock Road, Dundee, DD1 3JP.
Branches are entitled to send two delegates to the Conference, any members interested should contact the branch.Observers are also welcome to attend. In order that we can cater for any delegate with special needs such as seating, it is important that you advise us of the particular requirement.
Crèche facilities will be available to delegates during the Conference. Please ensure that the names and ages of the children, together with an appropriate address for sending the crèche form to for completion are provided if you wish to take advantage of this offer. It will not be possible to provide on the spot facilities to those delegates who have not informed us in advance.
CWU Women’s Conference 2010 - Saturday 20th February
The CWU Womens Conference will be held on Saturday 20th February 2010 at the Village Hotel Coventry, Dolomite Avenue, Coventry Business Park, Coventry CV4 9GZ.
Branches are entitled to send two delegates to the Conference. any members interested should contact the branch.Observers are also welcome to attend. In order that we can cater for any delegate with special needs such as seating, it is important that you advise us of the particular requirement.
Crèche facilities will be available to delegates during the Conference. Please ensure that the names and ages of the children, together with an appropriate address for sending the crèche form to for completion are provided if you wish to take advantage of this offer. It will not be possible to provide on the spot facilities to those delegates who have not informed us in advance.
Paying the price for equality
8th November 2009
Martin told how was stabbed in the back with a pen knife in 1986 while running away from a group of youths aged 12 to 18. "It just missed my kidney," said Martin, who had unknowingly parked his car near a park well known for cruising. Two years later when he moved house with his partner, notices appeared on the railings opposite declaring "kill a queer." Five years ago, he was attacked outside his house. "I was karate kicked, resulting in a broken jaw, four broken ribs and damage to my eye," said Martin. Addressing an Eastern/London region equality seminar in Cambridge, Martin recalled that how when a member of the McPherson inquiry, the then Bishop of Stepney John Sentamu said he realized through the inquiry that there was institutionalized homophobia just as there was institutionalized racism. Martin also highlighted how there were problems over law enforcement in the area of homophobic crime with under reporting because victims did not believe the crimes would be properly investigated. Police resources devoted to the area of investigating LGBT crime had been cut back. "People may not report a crime because they are afraid and it can involve outing for many people," said Martin, who recalled in his own case that the police had obtained a DNA match on his assailant but there had never been any report back about anything happening. "Under reporting is due to fear of reprisals and a belief that the police don't take these crimes seriously," said Martin.
Martin also told how homophobic bullying had increased in schools. This has been partly due to cutbacks on teaching around HIV issues which had reduced bullying due to a greater understanding among pupils. Martin highlighted how faith has been used by some as an excuse to act in a prejudicial and homophobic way. "The mainstream religions are based on justice, solidarity and values that unite people," said Martin, who called for better work based monitoring systems to measure levels of homophobia in the workplace.
CWU equalities officer Linda Roy declared the union's desire to see equalities officers given the same rights to paid status as health and safety reps. Linda highlighted how women were not being treated equally and ethnic minorities not represented in the higher echelons of business. She told how the recession was resulting in disabled workers being targeted. "They are being singled out and taken off of the duties that they have been on for the disabled," said Linda. "We must not given up and continue to challenge discrimination whenever we see it."
TUC equalities officer Narmanda Thiranguna highlighted how women are being hit particularly hard by the recession. "Women in London are losing their jobs at a faster rate than men," said Narmanda, who told how the TUC is pushing a report on family friendly rights. Narmanda told how the UK economy had been kept afloat during the prosperous times on the back of a raft of low paid women. "Women are disproportionately more likely to be living in poverty. As trade unions we need to look to women's low pay. Equality must be placed at the centre of recovery," said Narmanda, who pointed out that only 3 per cent of sex discrimination cases succeed at tribunal.
Steve Radcliffe , youth project worker at the CWU, revealed how there had been resistance in some quarters to youth, resulting in a dozen or so bad cases where people have walked away. "The majority of these have been young women," said Steve, who emphasised the need to change the culture of the union to be more open to youth.
Jeff Till of the Disability & Special Needs Advisory Committee (DSNAC) told how he had successfully campaigned to get a good dyslexia policy adopted by the CWU. Geoff told how as a dyslexia sufferer he felt excluded on courses at Alvescot. The successful policy was achieved by dealing directly with people who experienced the condition rather than imposing something on the basis of assumption as has happened in the past. Michael Greenwood of solicitors Edwards Duthie warned of the danger that the single equalities bill may not make it into law before the next election and if it does it could be emasculated beyond recognition. Among the highlights are new definitions for pregnancy and maternity leave removing the need for comparators and a new provision of harassment from third parties. Another provision will see employers having to publish rates of pay.
Kay Allen, head of social action and inclusion at Royal Mail, told how a good equalities policy can be beneficial business wise. Kay explained how 13,000 sub-post offices and Crown offices had been audited on equalities policy. "So we now know about access, where we have steps and ramps," said Kay, who told how a good equalities policy can be used in tenders for contracts like that for the TV licence. The exercise had involved a monitoring exercise of the Post Office and Parcelforce. "RM has got some fantastic policies on equality well ahead of other lauded companies like B&Q and IBM," said Kay, who questioned why though there were reports of bullying and harassment little was coming through on the RM or CWU helplines. Head of Diversity Practice at BT, Dennis Gissing highlighted how the BT workforce provides a microcosm of society with 10 per cent from ethnic minorities, 32 per cent over 50 and one in seven having caring responsibilities at some point. He told of BT's efforts to benchmark on equality standards. Dot Gibson, general secretary of the National Pensioners Convention, attacked the worsening levels of healthcare and social provision. "We are the generation that must say not any more to privatization of social care provision," said Dot, who warned of low grade staff looking after patients in care homes.
Homophobia
Dorset police have set up a contact line for anyone suffering homophobic abuse. You can call LAGLO on 01202 269911, email laglo@dorset.pnn.police.uk
Defining bullying and harassment
To tackle harassment and bullying at work, it is necessary to define the type of behaviour considered unacceptable, and to provide examples so that people understand what is meant by it.
There are many definitions of bullying and harassment that can be used. The Advisory, Conciliation and Arbitration Service (ACAS) publishes useful guidance on bullying and harassment, available in print and online. Its advice leaflet Bullying and harassment at work: a guide for managers and employers (last updated in 2004) says that, for practical purposes, bullying and harassment involve something that is "unwelcome, unwarranted and causes a detrimental effect".
Definitions
ACAS uses the following definitions:
"Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.
"Harassment, in general terms, is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient."
The Health and Safety Executive (HSE) defines bullying in a similar way to ACAS. It also says bullying is "a form of organisational violence and as such is a potential source of work-related stress" and a form of "psychological harassment". The HSE's Management standards for tackling work-related stress, launched in 2004, include a standard dealing with "Relationships" at work, and bullying is included in this category as an example of "unacceptable behaviour".
Crucial to these definitions is that the behaviour is unwanted and not encouraged or reciprocated by the recipient. Another important element is that the behaviour is perceived by the recipient to be offensive, regardless of whether or not it was intended to cause offence.
Bullying may take place over a period of time, but it can also occur as a single, grossly offensive act - and some legal cases involving claims of harassment have counted a solitary occurrence as unlawful discrimination.
Examples of unacceptable behaviour
ACAS says it is good practice for employers to provide examples of unacceptable behaviour in their organisation. Examples of bullying behaviour include:
* spreading malicious rumours or insulting an individual (particularly on the grounds of race, sex, disability, sexual orientation and religion or belief);
* copying memos that are critical of an individual to others who do not need to know;
* ridiculing or demeaning an individual - picking on them or setting them up to fail;
* excluding or victimising an individual;
* treating an individual unfairly;
* supervising an individual in an overbearing manner, or otherwise misusing power or position;
* making unwelcome sexual advances - touching, standing too close, displaying offensive materials etc;
* making threats or comments about an individual's job security without foundation;
* deliberately undermining a competent worker by overloading and constant criticism; and
* preventing an individual from progressing by intentionally blocking promotion or training opportunities.
Bullying and harassment do not necessarily take place face to face. They may occur by written communication, e-mail (so-called "flame-mail"), telephone or automatic supervision methods (such as computer recording of downtime from work, or recording of telephone conversations) if these are not universally applied to all workers.
The HSE's guidance includes examples of repeated behaviour that counts as bullying:
* verbal abuse (including shouting or swearing);
* insubordination;
* libel, slander or ridicule;
* spying, pestering, or other inappropriate intrusive questioning, particularly into personal or domestic life;
* setting of impossible or arbitrary objectives or deadlines;
* excessive supervision;
* unjustified faultfinding;
* withholding of information that the employee has a reasonable expectation of being given;
* exclusion from meetings that the employee has a reasonable expectation of attending;
* other forms of unreasonable ignoring of the employee;
* refusal (without reasonable cause) of reasonable requests for leave or training; and
* malicious prevention of career development.
Forms of harassment
Harassment can take particular forms, based on a person's sex, race, disability, sexuality or age; as such, it may amount to unlawful discrimination It is important to recognise different forms of harassment so that they can be tackled appropriately. The CWU reps' guide, How to deal with harassment lists some of them:
Sexual harassment
* unwelcome sexual advances, propositions and demands for sexual favours;
* unwanted or derogatory comments about dress or appearance;
* leering and suggestive gestures;
* display of offensive material, pornographic pictures or page-three-type pin-ups or calendars (including in electronic forms such as computer screensavers); and
* physical contact, ranging from invasion of personal space and unnecessary touching through to sexual assault and rape.
Racial harassment
* refusal to work with someone or deliberate isolation of them because of their race, colour, nationality or ethnic origin;
* display of racially offensive material, including graffiti;
* racist jokes, banter, insinuations, insults and taunts;
* unfair work allocation; and
* physical attacks on individuals because of their race, colour, nationality or ethnic origin.
Harassment of workers with disabilities
* intimate questions about an individual's disability;
* name-calling, jokes, taunts and use of offensive language;
* assumption that a physical disability means that the individual has a mental disability;
* assumption that a mental disability means that the individual lacks intelligence;
* speaking to colleagues rather than the person with the disability; and
* exclusion from workplace and social activities.
Religious harassment
* mocking or derision of people's religious beliefs;
* unwanted comments on dress; and
* making it unnecessarily difficult for people to conform to their religious beliefs.
Harassment of lesbians and gay men
* unwelcome comments or jokes;
* stereotypical assumptions, e.g. that all gay men are HIV-positive;
* intimate questioning about an individual's personal or sexual life;
* assumption that everyone is heterosexual; and
* physical abuse or intimidation.
People may also be harassed on the grounds of their age; this could take the form of pressure to retire, or assumptions or derogatory remarks about their ability or competence.
Harassment can also involve deriding or mocking people's political beliefs, or their trade union involvement.
Any difficulty in defining personal harassment should not deter a member from seeking support or complaining of behaviour which causes them offence or distress.
What To Do Next
If you believe you are being subjected to bullying or harassment of any form, you do not have to feel it is your fault and you do not have to tolerate it. Any member who suffers from harassment from any individual or group will have the support of the Union in seeking to ensure that harassment ceases. There are various ways in which an individual can deal with harassment, ranging from asking the person to stop to taking up a formal complaint. The choice is yours.
New Legislation on goods & services
The Equality Act, protecting Lesbian Gay and Bisexual people from discrimination in regards to goods and services, has come into effect. Transgender discrimination has not been addressed. The Sexual Orientation Regulations, approved by Parliament last month, assure that businesses cannot discriminate on the grounds of sexual orientation.
In the House of Commons the regulations passed by 310 votes to 100, despite efforts made by a group of Tory MPs to block them at committee stage. Labour MP Angela Eagle praised the passing of the regulations and told the BBC it is “one of the final jigsaw pieces to put in place." However, she added that there should, in future, be more reforms to ensure hate crimes against gay men and women are punished accordingly.
The Civil Partnership Act (CPA) came into force on 5 December 2005. It enables same-sex couples to obtain legal recognition of their relationship by forming a civil partnership. This gives civil partners similar rights and responsibilities to married couples. Employers if sensible should now take steps to ensure that their policies and procedures are such that they treat those same sex couples that have entered civil partnership in an equal way to a married couple.
Among the issues employers should be considering …
Pensions
This is an area which is likely to have significant impact by the CPA. At present, if an employee who is a member of a pension scheme dies, his or her surviving same sex partner is not entitled to any “survivor benefits”. Also, if the same sex relationship breaks down, neither party has any claim to any portion of the others pension fund. These are issues among several others dealt with under the new legislation. However the provisions under the CPA are very complex and extremely detailed. It is strongly recommended that professional advice is sought in respect of individual pension schemes. What is clear is that from 5 December 2005, the CPA will render it unlawful for pension trustees and employers to treat members of public service pension schemes, who are civil partners, less favourably than members who are married. In respect of occupational pension schemes, whilst this is not specifically referred to under the legislation “it would be good practice”, for employers to review the terms of externally provided pensions to extend benefits granted to employees or their spouses to civil partners. Employers should not feel they can be complacent about limiting such benefits to employees who are in a CPA relationship.
Employee Benefits
It was the exclusion of same sex partners from employee benefits that were available to others, that originally generated political pressure for the legal recognition of partnerships following the case of Grant v South Western Trains, in which Ms Grant’s female partner was denied a travel pass, that benefit was available to the spouse of her colleagues, this caused a great debate in 1998. The changes to be introduced by the CPA mean that employers will be required to consider the whole range of benefits they make available to spouses and ensure that identical benefits are made available to civil partners. This would range widely such as benefits made available to employees by employers. Examples being, discounts on company services or products, private health insurance, gym membership, to wedding benefits if normally granted (including gifts and additional holiday for honeymoons).
It would extend to terms provided by third party providers, such as insurance companies. Where such benefits operate and are made available to employees and their families. Employers should ensure that the terms of such benefits are amended to include civil partners. An example is the provision of private health care to an employee’s spouse. The insurers should be asked to ensure that this benefit is also made available to the employees in civil partnership.
Family-Friendly Rights
Employers are likely to be reminded that same-sex couples enjoy family-friendly rights such as parental, adoption, maternity and paternity leave, as well as flexible working requests. These provisions remain, so they are unaffected by the CPA. The CPA will extend to civil partners the right to take time off to deal with certain emergencies involving their civil partner, again there may be a need for specialist advice in that matter. All employers should as best practise ensure their Equal Opportunity Policies are updated to reflect the CPA change.
Discrimination
Employers should be aware that privacy is often a key concern for couples in a relationship. The registration of a civil partnership under CPA 2004 can be done privately. When the employer is in receipt of such information, it should take care to keep the information confidential. Employers have existing obligations when handling sensitive data under the Data Protection Act 1998.
How any employer who asks any employee are they a partner in a civil partnership and so has access to benefits? For example when asking for a copy of the registration certificate … but if they do enquire, then allegations of discrimination may well arise under the Employment Equality (Sexual Orientation) Regulations 2004. So any such employer should seek similar evidence by asking for a marriage certificate, for any heterosexual couples.
The CPA establishes an additional regulation in the employment relationship. All employers will need to ensure that their policies and procedures, in particular in relation to employee benefits, are updated to ensure that they comply with the additional protections offered to those same sex couples who enter into civil partnership, if they are to avoid the risk of discrimination claims being brought against them.
Sexual harassment laws strengthened
Legal changes that have come into force should make it easier for women to prevent inappropriate behaviour and remarks of a lewd and sexual nature making their working lives unbearable, says the TUC.
As a result of changes required by the European Equal Treatment Directive, for the first time, UK legislation says that women who are sexually harassed at work do not need to show that a man would have been treated differently. In the past, a common defence from employers was that there was no case to hear as the men in the office were being subject to the same behaviour.
Now women only need to prove that they were treated in a way relating to their sex which violated their dignity, or was intimidating, hostile, degrading, humiliating or offensive. So, for example, if a colleague persists in making remarks about what nice legs a female employee has, or her boss promises her promotion if she goes away with him for the weekend, she should be able to claim that this is sexual harassment.
TUC General Secretary Brendan Barber said: 'In this day and age it's completely unacceptable for anyone to have to work with colleagues who persist in making lewd and suggestive remarks or to have to do their job in a workspace where the walls are plastered with the pictures of topless models. Unfortunately this is still the reality for far too many women.
RULE 2. 4 commits the CWU
To actively oppose all forms of discrimination based on race, creed, religion, age, political affiliation, disability, marital status, sex or sexual or gender orientation in industry, the Union and society in general. To this end the CWU shall actively oppose any organisation, political or otherwise, whose aims are racist or fascist
This branch believes that every member of this union and every person deserves equality of treatment and representation, that equal rights and respect for all are fundamental human rights. It is clear that racism, sexism and discrimination exists in many of our workplaces and amongst some employers and even other members. This branch will combat hate and discrimination wherever it comes from, exploiting the differences between members weakens the union and undermines the work we do in defending your terms and conditions and working towards a fairer society for all.
CWU Equal Opportunities Department
The CWU Equal Opportunities Department was established when the CWU came into being. There are four Advisory Committees established which are looked after by the EO department, dealing with areas of potential discrimination. These are:
the Womens Advisory Committee (WAC);
the Race Advisory Committee (RAC) ; which deals with all racial issues,
the Lesbian & Gay, BiSexual and Transgender Advisory Committee (LGBTAC) and
the Disability & Special Needs Advisory Committee (DSNAC)
Each of these committees is elected at Conference from among the membership and any members who are interested and are nominated by their Branch are able to apply.
The four Advisory Committees feed into the Equal Opportunities Sub-Committee of the National Executive Council, which is the focus at national level for progressing those equality issues that are within the remit of the National Executive Council. The Equal Opportunities Committee is also responsible for ensuring that the Unions policies on equal opportunities issues are implemented. The Advisory Committees, together with the Equal Opportunities Committee are responsible for making recommendations to the National Executive and also for campaigning on issues within their remit.
The Equal Opportunities Department, is supposed to deal with the work of these Committees and be involved in campaigning issues, gives advice to Branches on equal opportunities issues and provides assistance in respect of harassment and discrimination.
Newsletters from the Advisory Committees are avaliable as downloads from the 'newsletters' page.
Being Deaf Aware - simple guidelines
If you follow the general guidelines below it will enable you to deal with most situations comfortably.
When approaching someone you think is deaf or hearing impaired, always try to put yourself in their line of vision, before attracting their attention.
Do not shout or speak too slowly as this is considered rude.
Speak clearly, try to use clear lip pattern but be natural.
Try not to have chewing gum, food or a cigarette in your mouth as these give confusing lip patterns when you are trying to speak.
Don't assume that because someone is deaf that they can use sign language, many deaf people, especially over 40 per cent have not been brought up in a signing environment and use lip reading.
If you have some knowledge of sign language try to use it, don't be afraid to get it wrong. Most deaf people will be happy that you are making a conscious effort to communicate with them.
If when a deaf person replies to you, you have a problem understanding what they are saying just say I'm sorry I didn't understand, could you repeat it slowly for me please. Don't get annoyed.
Never assume that because someone is deaf or hearing impaired that they are stupid! They are just like you but cannot hear.
The Disability Discrimination Act
DEFINITION OF DISABILITY
This gives general guidance only and should not be treated as a complete and authoritative statement of the law.
1. What the Act means by disability
This outlines what the Act and related regulations mean by the term "disability". The Act covers disabled people and people who have had a disability in the past.
Disability is defined as
A physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.
Explanations of
1.1 impairment
The definition covers physical and mental impairments. These include
. physical impairments affecting the senses, such as sight and hearing
. mental impairments including learning disabilities and mental illness (if it is recognised by a respected body of medical opinion).
1.2 substantial
For an effect to be substantial, it must be more than minor.
The following are examples that are likely to be considered substantial
.inability to see moving traffic clearly enough to cross a road safely
. inability to turn taps or knobs
. inability to remember and relay a simple message correctly.
1.3 long-term
These are effects that
. have lasted at least 12 months
or
. are likely to last at least 12 months
or
. are likely to last for the rest of the life of the person affected.
Long-term effects include those which are likely to recur. For example, an effect will be considered to be long-term if it is likely both to recur, and to do so at least once beyond the 12-month period following the first occurrence.
1.4 day-to-day activities
Day-to-day activities are normal activities carried out by most people on a regular basis, and must involve one of the following broad categories
. mobility - moving from place to place
. manual dexterity - for example, use of the hands
. physical co-ordination
. continence
. the ability to lift, carry or move ordinary objects
. speech, hearing or eyesight
. memory, or ability to concentrate, learn or understand
. being able to recognise physical danger.
The Government has issued guidance, under the Act, about whether an impairment has a substantial or long-term effect. This guidance does not in itself impose legal obligations on an employer or service provider, but a tribunal or court must when considering a complaint about discrimination take into account any of the guidance which appears to be relevant.
2. Particular cases or conditions
Severe disfigurements
The Acts definition treats severe disfigurements as disabilities, although they have no effect on a person's ability to carry out normal day-to-day activities. If, however, the disfigurement consists of a tattoo which has not been removed, non-medical body piercing, or an object attached through such a piercing, regulations have the effect of ensuring that this would not be treated as a disability.
Impairments helped by treatment or artificial aids
Medication or equipment (such as an artificial limb) which helps an impairment, is not taken into account when considering whether an impairment has a substantial effect. For example, a person who wears a hearing aid to improve their hearing is considered to have the hearing loss that would exist without the use of the aid. An exception is when people wear glasses or contact lenses - it is the effect on the person's vision, while wearing their glasses or contact lenses, that is considered.If, however, the treatment is likely to cure the impairment, this should be taken into account in assessing whether the impairment is long-term.
Progressive conditions
The Act covers progressive conditions where impairments are likely to become substantial. Examples of progressive conditions include
. cancer
. HIV infection
. multiple sclerosis
. muscular dystrophy.
The Act covers people with these conditions from the moment that there is a noticeable effect on normal day-to-day activities, however slight. For example, a person with multiple sclerosis would be covered from the time they first developed symptoms that affect their ability to carry out normal day-to-day activities. They would not be covered just because the illness had been diagnosed.
Genetic predispositions
The Act does not cover people with a gene that causes a disability unless they develop the disability. For example, people with the gene that causes Huntingtons chorea are not covered if they do not have the condition. People are covered as soon as the first effects on normal day-to-day activities appear.
Past disabilities
The definition covers people who have had a disability in the past. If a person once had a disability which is covered by the Act, they are still protected if they have recovered. This applies even if they recovered before the Act came into force.
Registered disabled people
Any person registered as a disabled person under the Disabled Persons (Employment) Act 1944, or the Disabled Persons (Employment) Act (Northern Ireland) 1945, on both 12 January 1995 when the legislation was first introduced into Parliament and the date when the employment rights start is covered by the Act for three years.
Babies and children under the age of six
It may be difficult to see the effects of an impairment on a baby or young child and thus determine if he or she is disabled. However, a young child with an impairment will be treated as disabled under the Act if someone over the age of six with such an impairment would normally be covered by the Act.
Impairments which are excluded
The following conditions are not to be treated as impairments for the purposes of the Act
. Addiction to or dependency on alcohol, nicotine or any other substance (unless the addiction resulted from the substance being medically prescribed).
. Seasonal allergic rhinitis (e.g. hayfever) except where it aggravates the effect of another condition.
. A tendency to set fires.
. A tendency to steal.
. A tendency to physical or sexual abuse of others.
. exhibitionism
. Voyeurism.
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