THE CHARTERED INSTITUTE FOR ARCHAEOLOGISTS
EQUALITY AND DIVERSITY GROUP
MINUTES – SECOND COMMITTEE MEETING OF 2016
Monday 13th June 2016, 11am – 3pm
Room 303, New Prospect House, 8 Leake Street, London, SE1 7NN
Present: Jim Brightman, Hannah Cobb (Chair), Amanda Feather (Secretary), Sarah MacLean (Treasurer), Cath Poucher (Comms)
CPD Briefing on the Equality Act 2010 and on the work of Prospect: Sarah Ward and Marion Scovell, Prospect
Sarah Ward is the Union’s negotiator for various heritage branches of Prospect, and specifically archaeology.
Prospect only represent commercial archaeology – don’t represent local govt (represented by Unison), or academia (represented by UCU).
Presentation by Marion Scovell – Head of Prospect legal dept (with contributions from Sarah Ward)
Does discrimination in employment exist in this day and age – obviously, yes! Marion cites case studies from cases they took to tribunal, including indirect sexist discrimination, age-related discrimination, disability dismissals, discriminatory pay
Equality Act itself came out in 2010 so really new. A single act covering all the main equality issues – replaced over 100 pieces of separate legislation for the main strands of equality law. The act has harmonised lots of the legislation but is still a very complicated area of law and employer struggle to get to grips with it. It is underwritten by European Directives.
The Act is important, especially for archaeology, because it covers employees (i.e. someone working for an organisation) AND also workers (i.e. people who are free-lance, zero hours, temp contracts).
The act has 2 key tenets – protected characteristics and prohibited conduct under the act.
9 different strands of “protected characteristics”: age, disability, gender reassignment, marriage/civil partnership, pregnancy and maternity, race, religion or belief, sex/gender, sexual orientation.
In all cases, legally, you have to start by showing that the person has a protected characteristic before you can go on to prove that this is being discriminated against.
Prohibited Conduct: 6 different types of conduct that is unlawful under the act:
Direct discrimination – where a person is treated less favourably because of a protected characteristic, including perception and association (NB there is no justification of defence of this – employers can’t come back on this – apart from age).
Indirect discrimination – where the employer applies a provision criterion or practice to all which puts people sharing a protected characteristic at a disadvantage, is not a proportionate means of achieving a legitimate aim and puts the person at disadvantage. This often affects part time workers. In the session we discussed this in relation to CIfA’s own ruling on its competency matrices/application process for professional grade requiring examples from only 2 years prior, and how these could be a form of indirect discrimination which could be simply removed by taking into account a longer time period for applicants with protected characteristics.
ACTION: Approach CIfA with this suggestion
Harassment – Unwanted conduct related to the protected characteristic which has the purpose or effect of violating that other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Prospect suggest positive strategies to avoid this include: E&d training sessions, surveys, statements from people at the top/policy statements creating the sort of environment in which this is not acceptable, mentoring. Prospect also have a members guide on harassment and bullying including a workshop on how best to raise or challenge this.
Victimisation – sounds similar to harassment but legally v different under the Act. This is when a person is treated unfavourably because they have either a. brought proceedings under the act, b. given evidence or information in a tribunal or the workplace, c. done anything else under the Act, d. alleged that someone has infringed the Act.
ACTION: We need to develop a flow diagram about what directions people should follow for individual grievances so we can provide consistent advice. Crucially our role must be to head this off at the pass – to provide guidance/support into making work places harassment free in the first place.
Discrimination arising in consequence of disability: First of all it has to be proved whether someone has a disability. Definition of a person with a disability is someone who has a physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day to day activities. Even if a condition is controlled by medication it is taken as what it would be without that medication. Employers are legally now not allowed to ask about someone’s disability but they can legitimately ask if adjustments can be made in the job. Crucially if people do not declare disabilities to employers then the employer is not liable – so we really need to create a culture to make it acceptable that you can say that you have a disability and know there is a climate of confidence and that employers are liable to support you if you declare and legally cannot discriminate.
Duty to make reasonable adjustments – a positive obligation to overcome and level out a disadvantage (rest of act is reactive after an event – this is only area of proactivity). Positive strategies include: adjusting working hours, mentoring, releasing targets, altering the office environment. Whatever is reasonable in the individual circumstance. Lots of occupational health advisors can advise on this. Discrimination can also occur if arising in consequence of a disability – e.g. if someone takes lots of leave they can be fired, but if someone is depressed and then needs to take lots of time, but a tribunal would need to see if the employer did everything they reasonably could to level out that disadvantage? If so then fine to fire!
The coverage of the Act also includes equal pay – covers all areas, not just basic pay but sick pay, company cars and benefits etc. A comparator from the other gender is needed to show like-for-like work. Probably the most complex of all discrimination issues, as it can’t just be enough to show one woman and one man both doing the same and paid differently.
Indirect pay discrimination – often occurs for things like length of service where pay structures are based on length of service this has a disproportionate impact on women who have taken periods of maternity leave, career breaks or family responsibilities.
If things are taken to tribunal they need to be taken to tribunal very quickly – within 3 months of date incident occurred – but you have to lodge a claim with ACAS first and the that stops for the clock for as long as it’s with ACAS. Normally you have to file a grievance with an employer before all of this. There are now fees to bring a claim to an employment tribunal – have to pay £250 to get case started and a further £950 before the hearing. This is the govt levying the fees – really discriminatory. However Unions will pay the fee and cover living costs, but there has still been a 70% fall off of people making claims.
ACTION: HC to email Sarah Ward and Marion Scovill to thank them for this excellent session.
Some one to volunteer!
Apologies for absence and confirmation of quoracy
Apologies: Joe Flatman, Mike Kimber, Emily Plunkett (Comms)
The meeting was quorate.
To approve the minutes from the last committee meeting
The minutes were approved
Matters Arising – reports on actions from the minutes
FAME (MK) – Follow up re conference on 22nd June?
MK – unfortunately not had any replies to emails he sent to FAME and we don’t have a formal space on the programme (which this year is very heavily focussed on HS2).
MK is attending the AGM and the conference anyway and will attempt to speak to Nick Shepherd and Tim Malim in person to explore future involvement with FAME.
ACTION: MK to report back on this in future meetings
In the previous meeting HC had reported to colleagues about an approach from Trowelblazers who were looking to create an exhibition (Raising Horizons) and to draw upon our expertise and funds. Subsequently HC has had some correspondence offering our support in kind but noting that funds are limited. Further discussion was held about the kind of in-kind support we can provide and the following was agreed:
We can ask CIfA if the exhibition can be displayed (free of charge) at the 2017 conference (formally hosted by us), could CIfA also call one of its conference bursaries a TrowelBlazers bursary thus supporting their bursary scheme? Could we also co-authored an article in The Archaeologist about the exhibition itself and about how it relates to both CIfA more broadly and the E&D group more specifically? We can use our social media to help promote and also place something in our quarterly newsletter to ask if people are interested in hosting the exhibition – using our networks to help promote. JB also suggests they could link up with Gertrude bell exhibition (cc and Jim to add in more detail). We would be willing to do all of this in return for having our logo on the exhibition.
ACTION: HC to report back to Becky Wragg Sykes and if she’s happy with the above suggestions then follow them up with CIfA. Also HC to pass on advice that CBA should be approached as their involvement as a project partner rather may be more help in an HLF bid.
Regularity of meetings
It was agreed that future committee meetings will be held as follows:
February, April (at Conference though just a cursory meeting), May/June, and December, with AGM in September/October and this should ideally be coupled with a CPD workshop or standalone conference day.
Chair’s Report (HC)
HC thanked all committee members for their contribution to conference. The conference was highly successful for boosting our profile, raising our membership and for both exploring future avenues for action and for prompting others into action – special mention should be made for the session, which was excellent, and the subsequent social media coverage of the conference, which further extended our impact.
Follow on from conference – there was a conversation about ethics and how there are different ethical standards for the profession and for community archaeology and other audiences and there is a question as to how we address these.
ACTION: JB to email ethics working party group (see section 5g) to raise this as a topic for consideration.
Maternity cover for chair
HC will be on maternity leave from 15th August 2016 to 15th May 2017 (but may well attend conference next year and possibly other events with the baby in tow!)
Therefore we need one person from existing committee to be chair (agreed as JB) and then co-opt two new people – one to fill the permanent vacancy (so we always have a committee of 9) and a new one for 9 months to cover Jim’s vacancy whilst he stands in as chair. The permanent vacancy should also be a third communications officer (see 5d for rationale).
AGREED: Jim Brightman to cover HC as chair
ACTION: AF to draft email to all group members about the two vacancies and to email CIfA to ask them to email members about this.
The group highly commended EP’s efforts on this so far. It was discussed, however, that a newsletter in this format even twice a year can be a considerable undertaking, so it was agreed that we should instead make our newsletter a quarterly email newsletter which is distributed just after (or thereabouts) each committee meeting. The main thing the newsletter will do is signpost/provide a digest of our social media output i.e. “since the last quarter we’ve done x, y and z which you can read about in blog entries here xxx. Coming up in the next quarter these are the events that are going to happen.” The aim will be to create a template so that this is quite an easy task.
This will be created by the comms team who will rotate this responsibility.
HOWEVER because EP has done such an amazing job, we propose keeping the document she has created in order to make this an “introducing the group” brochure, which will go to all new members, and will keep the committee bios and these will also go online.
ACTION: We all need to send the bio bits to EP asap!
CP noted that at conference people wanted more training and asked, do we need a training officer role therefore? HC notes that the Action Plan has pop up travelling workshop built in to be developed in 2017 and then rolled out in 2018/19. The group decided that given this, at present a training officer role was not needed.
ACTION: HC will take the lead on developing pop up workshop in 2017 on return from mat leave
No Groups Forum has taken place since the last forum so nothing to report here.
Joe Flatman attended on behalf of the group and presented the following report:
There was attendance from about 2/3 of the different SIGs plus a smattering of others from the CIFA board – we should in my view keep an eye on the agenda of these meetings in the future and judge on the basis of location / availability / agenda items of interest if we send a rep: next two meetings are 22 Sept’ in Birmingham and 16 Feb’ in London.
Points to note arising in the meeting:
- CIFA AGM – this is to be held in the w/c 10 October (precise date tbc) in Cardiff, allowing for detailed discussion of the new welsh Heritage Act, plus associated lectures, tours, socialising, etc., effectively a mini conference. We therefore might like to think about possible attendance from E+D to help fly our flag. They also noted yesterday that there will be a call for new CIFA board members: at least one position will become open at the AGM, with a formal call for nomination in August. Again, as a SIG we might want to review the current composition of the board and potentially suggest / nominate someone we feel best represents our priorities;
ACTION: All to consider attending the AGM and to vote on board members who will by sympathetic to our priorities.
- CIFA strategic plan 2016-20: a copy of this is attached along with a review of its priorities, and saw a lot of discussion. In particular from an E+D angle, there was much discussion of more CIFA reaching-out to university undergraduates, including via regular ‘ambassador’ speaking events, which might offer potential for raising E+D issues more widely in this crucial community – one to discuss as it is a long-term goal and highly labour intensive
ACTION: How can we affect this and make the ambassador’s more diverse and thus more representative of the student body? Can we present some positive role models from a broad spectrum? JF to follow that up.
- CIFA guidance on ethics: there was a call for people to join a small new working group that provides guidance on ethical issues in the sector, especially the production of case study dilemmas. I hope that I did not overstep my remit by immediately volunteering for this personally (although on behalf of and directly involving our SIG), to be chaired by Mary Neale (not someone I have come across before): right now we’re the only members! We had a long chat at lunch and are clearly on the same wavelength about how this is a crucial area to help people on a broad range of issues, some directly linked to E+D like sexual harassment, other a more general issue not specifically relating to E+D (although often intertwined) of knowing that you can stand up for your rights on site in terms of not doing unethical things like deliberately rushing an excavation because a construction contractor is moaning at you, etc. There are similar types of guides produced by RICS (http://www.rics.org/uk/regulation1/compliance1/ethics–professional-standards/) and the RTPI (http://www.rtpi.org.uk/membership/professional-standards/) that are useful models (again, specifically on E+D as well as generally on ethics), especially the use of case-studies, such as http://www.rics.org/uk/regulation1/compliance1/ethics–professional-standards/ethical-case-studies/ and http://www.rtpi.org.uk/media/1781432/ethics_and_professional_standards.pdf. The next step is for me and Mary to outline our scope and major topic areas, and to recruit some more working group members: we want at least 4 people in total and are going to approach the Diggers Forum first, but suggestions (or volunteers!) for members and topics most welcome! This just seemed too good an opportunity to miss to embed E+D more clearly within CIFAs thinking and operations. I will report back.
ACTION: JB is keen to join if this is geographically viable! And will comment on topic – see above point 5b.
Treasurer’s Report (SM)
To report on current state of funds
Apprx £550 (subject to HC emailing expenses)
ACTION: HC email expenses!
To report on any applications for additional funding
No current applications for additional funding
Any other matters
No other matters
Secretary’s Report (AF)
To report on current membership
AF notes that we have 70 (including committee) but this should spike after members who formally joined in the 1st April membership boxes is added.
We will continue with current social media and communications activities that enhance membership, and we will keep social media information about how to join up to date. At CPD workshops and conferences we will make sure information about how to join is easily available. We will review our recruitment plan regularly.
Any other matters
No other matters
To report on social media activity
CP and EP have been doing an excellent job in maintaining our social media presence, but the group recognise that with the introduction of a quarterly newsletter this role will increase and therefore the group will co-opt a new member who will take on a third comms officer role.
ACTION: CP and EP will brief the new person when they are recruited.
CP and EP
Future blog posts
CP notes that she and EP aim to develop the blog a bit further, although the group all note that the blog already looks great.
Future blog posts
HC to do one about going off on mat leave
JB to do one about being incoming chair
CP to do one to advertise need for new committee members
ACTION: For next committee meeting CP and EP to provide some figures about blog readership and other social media
CP asks: How do we get more people to respond to our social media? It was discussed that the group should do a ‘museum hour’ on Twitter. ACTION: CP to set that up, rest of group to support during the museum hour when it goes live.
CP and EP
CP and ALL
Newsletter – to sign off on current newsletter and discuss deadline for next newsletter
See section 5d for discussion on approach to newsletter.
Any other matters
No other matters
Annual CIfA Conference
Feedback from Conference 2016
CP and SM would like to thank the committee for the group effort that made the session.
Also see section 5a for HC comments on conference.
Begin to consider plans for Conference 2017
HC asks: Can we get a hot pink tablecloth with logo on for our 2017 stand? All agree!
ACTION: SM to report on whether we have funds for a hot pink tablecloth for 2017 stand at December committee meeting
The group agree that in 2017 we should have a stand, and also consider a traditional session entitled something like “Equality and Diversity: Global best practice”, invite people from EAA, SAA and similar, and use it as an opportunity to create connections between us and international groups with similar aims.
ACTION: to discuss further by email over the summer
In addition we will have the TrowelBlazers exhibition and bursary – see section 4b.
Our next event: Annual Group Conference/CPD event (corresponding with AGM?)
The group agreed an October date. Initial discussion was whether we should have it the day after the CIfA AGM, however it was agreed that the CIfA AGM is in Cardiff, which is quite far and might put people off.
Therefore we agreed to have it somewhere more central e.g. Birmingham, and have the AGM and a CPD event together.
Suggestion for CPD event is to have it about mental health and stress and to see if Diggers Forum would like to run it with us? Idea to have half day mental health first aid and Prospect to talk about stress, and then the AGM.
ACTION: AF to talk to JF to contact diggers forum to see if they want to share with us
ACTION: AF will sort out quotes for mental health first aid
ACTION: SM will then apply for funding from CIfA
Mentoring was discussed – how can we tap into other mentoring schemes? It was suggested we need to be encouraging other SIGs to look at mentoring – something we should raise at the next Groups Forum and Advisory Council
ACTION: Whoever attends Groups Forum and Advisory Council to raise (JB provisionally as incoming chair)
We discussed the BAA awards which take place every 2 years
ACTION: AF to approach in the future
We discussed the point raised at conference about how to bring E&D into the RO assessment process.
ACTION: HC to email CIfA to get ball rolling about bringing E&D into the RO process.
JB (or others?)
HC – The School of Arts, Languages and Cultures at the University of Manchester is putting together a bid for Bronze Athena Swan. I am on the self assessment team for this and I thought it would be useful to feedback briefly on insights from this process to start thinking about how we might go forward with this kind of scheme for the group. It’s not on our action plan to really consider anything like this till 2018, but good to get thoughts out there.
Self Assessment: The backbone of Athena Swan is self- assessment. This places the onus upon the applicant to prove their e&d credentials. I think this approach would work well for us if we wanted to develop a similar scheme in the future.
Structured Application: The self assessment form is a very structured application equating to c.50,000 words, asking a whole suite of questions which range from statistics on current e&d figures to development of an action plan to improve in future.
Bronze, Silver, Gold: The three levels equate to levels of planning and implementation. Bronze effectively shows that you have assessed e&d provision and have developed an action plan to address weaknesses identified. Silver shows you have implemented an action plan and that it has had positive impacts on e&d in the workplace. Gold shows that you have then reflected on the outcomes of your action plan and then developed this further, creating and reaching more goals.
NB here I have used e&d for short-hand but Athena Swan does formally only look at gender equality, whereas I think we’d want any scheme we develop to be something that considers all aspects of equality and diversity.
Any other business
Idea for a tag line/strap line something along the lines of:
Campaigning to change culture and practice for greater equality and diversity in Archaeology and Heritage.
Campaigning to change culture and practice for greater equality and diversity across the Heritage Sector.
Campaigning to change culture and practice across the Heritage Sector.
ACTION: All to mull over and see if we would like to use one or an adaptation of the above. Discuss by email and implement on things like the blog when we find one we’re happy with.
Date of next meeting
To confirm date and likely location
AGM: October, B’ham (see above). Person to take minutes tbc
Committee meeting: December, to be chaired by SM and minutes taken by JB
ACTION: AF to send potential dates for December meeting (and AGM?)
To confirm CPD event and organiser
See above and section 10