CORPORATE GOVERNANCE AND EQUALITIES

A wide range of risks can be faced by any Board, Governing Body or Corporation in the public, private or indeed voluntary sectors. These risks may be summarised as: - Governance and management risks. - Operational risks. - Financial risks. - Environmental and external risks. - Compliance risks. Against this backdrop over-aching risks a wide range of equality and diversity issues need to be considered from both an employment and service delivery perspective, including: 1. The Business Consideration Do those at the top understand what is meant by the business or economic case for equality and diversity in terms of either employment or service delivery? What is the cost of doing something? What is the cost of not doing something? Success for an applicant in a tribunal can mean thousands of pounds being spent on preparation for the case and subsequent compensation. With the defeat often comes appalling local and national publicity damaging the corporate reputation of the whole organisation raising stringent questions about those in charge. And many discrimination claims bring about the waste of talent with an added detriment on further recruitment AND retention of those already employed. 2. The Organisational Considerations Do those at the top of the organisation appreciate the steady shift from the individual having to prove a claim of discrimination to one where it is the organisation that often has to prove with tangible evidence that they did not discriminate? The new public duties on equalities and those already in place are part of this agenda. External scrutiny regimes are increasingly demanding tangible evidence that policies and procedures do far more than tick boxes! Those in a governance role have a clear overarching scrutiny role here which they must sustain and review. 3. The Demographic Considerations Britain is changing –fast! An ageing population and with it the advent of much more flexibility with the retirement age means that many employers have 4G workplaces – i.e. four generations from 16 to 70 plus! Does the board appreciate and understand the opportunities and tensions these factors can bring to bear on their company or organisation? Do the board themselves reflect the 4G profile in their own membership? The added dimension of economic migrants and greater freedom within the European Union to secure employment – country to country – mean that those at the top must do what they can to secure convivial working environments for everyone as well as ensuring that robust checks are in place to verify entitlement to work in the country. 4. The Legal Considerations Legislation within the field of equal opportunities has evolved over time and continues to do so. It can be complex and there is a lot of it. Employers and service providers are not only bound by UK legislation but also by European Union Directives. Ignorance of these laws is not a defence. The concept of “Vicarious Liability” for any offensive discriminatory behaviour and conduct goes right to the top of the organisation. It follows clearly that the board will need to satisfy itself that everyone in the organisation is aware not only of their rights but also their associated responsibilities. Tribunal claims have been lost by employers because this balance was not achieved. But in other cases these liabilities have been considerably reduced and transferred to the offender when, under scrutiny, it emerges that hard headed policies with clear procedures were in place, that effective sustained training underpinned this provision and that fast track mechanisms were in place to alert the board about prevailing or imminent problems and issues.Building on all the foregoing range of risks, we take participants through a programme that includes the following dimensions: Understanding and regularly reviewing the ethos and values that underpin the organisation’s work, and ensuring Board members, employees and others involved with the organisation understand these values and how they apply to their work. Maintaining a long-term overview of the organisation and all its work. Ensuring that decision making procedures are transparent and accountable (i.e. people know who makes decisions and how they are made, and decisions are reported to the people who have a right to know about them). Ensuring the needs and interests of relevant people and bodies are considered when making decisions. Ensuring adequate resources are available to carry out activities, and making decisions about how to proceed when resources turn out to not be available. Monitoring the work of the organisation. Ensuring appropriate action is taken when work is not being done properly. Taking legal responsibility for the organisation and all its actions (or inactions). *************************************************************************************************************************** Even for the most experienced of Governors this represents a serious challenge, but the correct training from #Concrew-Training can help. http://concrew-training.co.uk/?page_id=584