Putting people first: Equality and Diversity Matters 2 - Think Local Act ...

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42 Putting people first – equality and diversity matters 2Some of the black and minority ethnic peopleusing services that we spoke to expressed apreference to be supported by people from theirown culture, especially if they wanted support ina language other than English. This was often amajor reason why people opted to be supportedby specifically black and minority ethnic services.“Communication is good. I understand themand the staff speak my language. I have achoice to have staff support me in my culture”Older person living in a care home for the SouthAsian communitySome people in care homes relied on domesticor catering staff for language support if therewere no care staff who spoke their language.People may want to specify people from their ownculture for specific tasks, such as personal care.For others, the attitudes of the workers were as,or more, important than the worker’s culturalbackground.“I can understand them but sometimes I thinkthey don’t understand me or they just aren’ttaking the time to listen. I would prefer peopleto understand my culture or show an interest,take notice of it. They do not have to be WestIndian”Older person using home careOne refugee told us that she specifically didnot want support from staff who came from hercountry of origin because she feared her familymay be persecuted if information about her waspassed on. Others may be more reluctant tocriticise a worker from their own background.Targeted recruitmentThis raises the question of when it is appropriate,for both generalist and specific services, to carryout targeted recruitment of staff from particularcommunities. Reviewing advertising strategiesand ensuring that recruitment processes donot unwittingly discriminate against blackand minority ethnic people is relativelystraightforward.It also lawful to more generally encourage blackand minority ethnic applicants to apply for posts,if there is evidence of under-representation, butemployers should check the legislation 58 carefullybefore doing this.The law regarding ‘positive action’ approachesis more complex, especially if a post is reservedfor someone from a specific community, andemployers are advised to seek legal advice beforeusing a genuine occupational requirement orqualification under the Race Relations Act. 59In the sample of service providers, 16% ofhome care services said that they had takensome action to recruit more black and minorityethnic staff, for example by reviewing how theyadvertised vacancies.58. Race Relations Act 1976, section 37. See alsoCommission for Racial Equality (2005) Statutory codeof practice for race equality in employment. London:Commission for Racial Equality59. Commission for Racial Equality (2005) Statutory codeof practice for race equality in employment. London:Commission for Racial Equality
Putting people first – equality and diversity matters 2 43GenderChoice about the gender of staff may also beimportant for some people, particularly forpersonal care tasks.“it doesn’t matter except for washing. I prefera woman and I get a woman to do that”Older person living in residential careSpecifying that a member of staff needs to beman or woman is also allowed under the SexDiscrimination Act, as a ‘genuine occupationalrequirement or qualification’ if the job needs to beheld by a person of that sex to preserve decencyor privacy because of likely physical contactor because people are likely to be in a state ofundress or using sanitary facilities. 60 Case lawhas established this clause may apply to careassistants. 61Staff continuityContinuity of staff can also be important,particularly for some black and minorityethnic people who may fear that staff will notunderstand their needs or that they will facediscrimination.Enabling people to choose staff – goodpractice pointersFind out from individual black and minorityethnic people using the service about who theyprefer to be supported by, including whetherthey would prefer support from people fromthe same cultural heritage. Try to meet thesepreferences.Enable people to choose the gender of staffsupporting them, where possible.Develop a recruitment strategy that looksat recruitment processes for all posts toensure that advertisements reach and attractapplicants from black and minority ethniccommunities.Ensure that selection processes do notunwittingly discriminate against black andminority ethnic candidates and that all relevantexperience is valued.Consider whether ‘targeted recruitment’ of staffmay be an advantage in meeting these needs –but first look at what needs to change and why.Seek advice on the law about recruiting stafffrom particular minority ethnic backgroundsor of a particular gender, before recruitingusing ‘genuine occupational requirements orqualifications’.Consider career progression opportunities forstaff who may want to move into roles wherethey have more direct contact with peopleusing the service, including any developmentneeds that staff may have, such as Englishlanguage support.60. Sex Discrimination Act 1977, section 7(2)(b)61. Lewis v Mortimer Homes Ltd ET/1101876/98 EOR DCLD42Social Care Policy and Practice
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