Statutory Code of Practice on Racial Equality in Employment - UK

...Further and higher education institutions have a specific duty to monitor, by racial group, the recruitment of staff and their career progress. They are also expected to take reasonable and practicable steps to publish the results of their monitoring each year...

If the monitoring data show significant disparities between racial groups, employers should investigate the possible causes, and examine all the arrangements, procedures and practices that give effect to their policies in the field of employment, including recruitment, training, promotion, grievance and discipline, performance assessment and dismissal. The absence of disparities for ethnic minorities as a whole, or for one racial group in particular, should not be taken as evidence that ‘discrimination is not a problem’. The aim should be to make sure none of the rules, requirements, procedures or practices used, formally or informally, put any racial groups at a significant disadvantage...

Employers must not discriminate on racial grounds in the way they respond to grievances, or invoke disciplinary measures. Disciplinary action is an extreme measure and should be taken fairly and consistently, regardless of the worker’s racial group. Equally, allegations of racial discrimination or harassment must always be taken seriously and investigated promptly, not dismissed as ‘oversensitivity’ on a worker’s part.

...It is recommended that employers monitor, by racial group, the number of workers who have brought grievances or been subjected to disciplinary action (public authorities with at least 150 full-time-equivalent workers have a legal duty to do this; and the outcomes of each case. It will also be useful to be able to match the data with information about the workers’ grades, their managers and the areas of the organisation where they work.

...It is recommended that, before taking disciplinary action, employers should consider the possible effect on a worker’s behaviour of the following:

a. racist abuse or other provocation on racial grounds;
b. difficulty in communicating with, or understanding, colleagues; and
c. different cultural norms.

As part of their equal opportunities review, employers should use the monitoring data on grievances and disciplinary action to see if there are significant disparities...

It is recommended that employers monitor all dismissals, by racial group. They will find it useful to be able to match this data with information about the workers’ grades, the areas of the organisation where they work, and their managers...

Responsibilities

A. The governing body - The governors are responsible for:

• making sure the institution stays within the Race Relations Act and meets all its duties, including the general duty and the specific duties; and
• making sure the race equality policy and its procedures are followed.

B. The Vice-Chancellor / Principal / Rector - The Vice-Chancellor / Principal / Rector is responsible for:

• giving a consistent and high-profile lead on race equality issues;
• promoting the race equality policy inside and outside the institution; and
• making sure the race equality policy and its procedures are followed.

C. Managers, including heads of departments - Managers and heads of departments are responsible for:

• putting the policy and its strategies and procedures into practice;
• making sure all staff know their responsibilities, and receive support and training in carrying these out; and
• following the relevant procedures and taking action against staff or students who discriminate for reasons of race, colour, nationality, or ethnic or national origins.

From: http://www.cre.gov.uk/index.html [Commission for Racial Equality]