Development of policy and practice in the field of equality in the workplace [Higher Education Sector]
Submitting Institution
Oxford Brookes UniversityUnit of Assessment
Business and Management StudiesSummary Impact Type
SocietalResearch Subject Area(s)
Studies In Human Society: Policy and Administration
Summary of the impact
Research by Manfredi (Business) and Vickers (Law) has informed the
development of equality policy and practice for to the management of human
resources in Higher Education, both nationally and internationally. Work
on the implementation of the public sector equality duty has been
instrumental in developing the equality policy of HEFCE and the equality
framework of the REF 2014. Research on the implications for the management
of human resources of the abolition of mandatory retirement has generated
knowledge which has demonstrably influenced organisational policy
development on age equality and retirement. This has been widely applied
in personnel training initiatives, legal briefings and used to develop
good practice guidance for employers.
Underpinning research
Equality policy in research careers: Research on equality and the
RAE 2008 was undertaken for the Equality Challenge Unit/HEFCE in 2009 by
Professor Manfredi and Professor Vickers (1). This research was
commissioned on a competitive basis (£46,000 grant; Manfredi principal
investigator), and involved document reviews from 32 higher education
institutions, and interviews with senior staff, and main and sub-panel
members. Findings confirmed that the selection rate of women was lower
than that of men in RAE 2008. This was consistent with the findings of the
HEFCE study (HEFCE 2009/34). In the RAE2008, individual sub-panels
provided different equality guidance in their panel criteria statements
particularly with regard to the treatment of early-career researchers. The
research concluded that this was not justified by differences in the
subject areas, and ambiguity in the sub-panel guidance might have led to
exclusion of some staff from an RAE submission. The research
recommendations included that that there should be greater consistency in
the equality guidance issued by different panels; equality training
provision should focus on the REF and make use of case studies to explore
the implications of dealing with personal circumstances in the process of
selecting staff for inclusion. These recommendations were implemented in
the REF 2014 guidance: (para 111 Research Excellence Framework Second
Consultation on the Assessment and Funding of Research (HEFCE 2009).
Age equality and retirement policies: Research on the new legal
regime on age equality as it affects the management of human resources in
Higher Education was undertaken from 2007-2012 by Manfredi and Vickers as
part of two consecutive HEFCE funded projects. The projects partners
included main HE stakeholders: the Equality Challenge Unit (ECU), UCEA,
the Leadership Foundation for Higher Education, University Human Resources
and the trade unions, UNISON and UCU. The first study (£134,000 grant ref.
LGM123, Manfredi PI) investigated staff preferences and expectations about
retirement and perceptions of age discrimination across all the
occupational groups in the HE sector. It was conducted in a sample of
twelve institutions, gathering quantitative and qualitative information
through an anonymous questionnaire (7218 responses), and a series of focus
groups with senior academics, managers of administrative and manual staff.
A follow-up study was undertaken in 2010-11 when mandatory retirement was
abolished (£ 64,000, grant ref. LGM233 Manfredi PI). These studies
indicated that: many staff wish to retire past pensionable age and work
flexibly (2); employers however, are concerned that longer working lives
may reduce career opportunities for younger staff, make workforce planning
more difficult and lead to a greater use of formal performance management
processes(4). The research also examined staff's rights to extend their
working lives and employers' interests to manage their workforce
effectively, in the context of age discrimination legislation and the
evolving European and national case-law on age equality and retirement
policies (3,4,5).
References to the research
2) Manfredi, S. and Vickers, L. (2009) Retirement and Age
Discrimination: Managing Retirement in Higher Education, Industrial
Law Journal, Vol 38 No4: 343-364 — DOI: 10.1093/indlaw/dwp025
Submitted to REF2014, Oxford Brookes University, UoA19-Business and
Management Studies, REF2, S Manfredi, Output identifier 7573.
3) Manfredi, S. (2011) Retirement, Collective Agreement, and Age
Discrimination: Implications for the Higher Education Sector in the UK, International
Journal of Discrimination and the Law, Vol 11 No 1-2: 65-80 —
DOI:10.1177/135822911101100207-peer reviewed journal article
4) Manfredi, S. and Vickers, L. (2013). Pensioning off the
mandatory retirement age: implications for the higher education sector. Legal
Studies 33 (2), pp.289-311 — DOI:10.1111/j.1748-121X.2012.00247.x
Submitted to REF2014, Oxford Brookes University, UoA19-Business and
Management Studies, REF2, S Manfredi, Output identifier 6278.
5) Vickers, L. and Manfredi, S. (2013) Age equality and
retirement: Squaring the circle, Industrial Law Journal, Vol.42
No1: 61-74 — DOI:10.1093/indlaw/dws042
Submitted to REF2014, Oxford Brookes University, UoA19-Business and
Management Studies, REF2, S Manfredi, Output identifier 8730.
Details of the impact
Work on equality policy in research careers was said to have made
`a significant contribution to the development of the policies and
practices that are linked to the new Research Excellence Framework'
(Policy Director of ECU, 8). The research report was sent by ECU to all
Vice-Chancellors as it was seen as `particularly useful in influencing
practice at local level' (8). The recommendations based on the research
had demonstrable and direct impact on the content of the Funding Councils
Equality Guidance for REF 2014. They were taken up in the REF 2014
guidance: (para 111 Research Excellence Framework Second Consultation on
the Assessment and Funding of Research (HEFCE 2009) and Assessment
Framework and Guidance on Submission (HEFCE July 2011, 6) and by ECU
(6,7). Below are the details of these recommendations (see report section
3.1 pp 28-29,1) which show that they were instrumental in shaping the
equality guidance issued by the Funding Councils and ECU for REF 2014:
This research identified that the pro-rata approach adopted by some
panels to deal with equality related circumstances had the advantage of
clarity and that a more flexible approach, although less restrictive,
could open up more subjective interpretations: REF 2014 equality guidance
has adopted a clear distinction between defined personal circumstances to
be dealt with by adopting a pro-rata approach, and complex circumstances
where a more flexible approach is needed (paragraph 67, ibid).
The need for greater consistency in the equality guidance issued by panels
and sub-panels particularly with regard to the treatment of early career
researchers was identified and led to the adoption of more consistent
rules in REF 2014 (paragraph 72, ibid).
Institutions were recommended to have `robust procedures' to facilitate
self-disclosure of personal circumstances. This is directly reflected in
paragraph 220 (Assessment Framework and Guidance on Submission (HEFCE July
2011) on Disclosure of Individual Staff Circumstances. Following the
recommendations the ECU developed a template for universities to gather
equality-related personal circumstances (7).
Equality training should focus on the REF context and take a case study
approach. In response ECU and the REF Equality Advisory Panel have
designed REF specific equality training and developed a bank of case
studies for training purposes (7).
HEIs should be encouraged to undertake Equality Impact Assessments (EIAs)
of REF submissions (paragraph 212 Equality Impact Assessments, ibid)
All equality related appeals should allow for a timely resolution of any
complaint. In response to this the Funding Councils are requiring that
`appropriate and timely procedures should be put in place' (paragraph 227
Feedback and appeals, ibid)
The impact of this work has also been recognised by those affected by it:
for instance Manfredi and Vickers were commissioned to carry out REF
equality training by the University of Surrey (2012) for those involved in
decision making in the REF 2014. Furthermore as HE sectors in other
countries like Australia are considering the adoption of similar
approaches to assess research outputs, the findings from this study are
likely to influence practice internationally.
Age equality and retirement policies: The research on age equality
and retirement policies has been used extensively in knowledge transfer
workshops/training for HE human resource managers, equality specialists
and trade union representatives. It has also informed written guidance for
universities in developing best practice to manage extended working lives.
The direct impact of this research is demonstrated by the following
evidence from sector stakeholders, HR managers, equality specialists, and
lawyers:
Key findings from the research were included in 2010 HEFCE report on the
HE workforce and future management challenges (9). ECU funded (£ 2,000)
the production (2011) of a written resource guide informed by the research
findings on managing flexible retirement and extended working lives to
influence and improve practice in this area (11). This guide was sent to
all HR university Directors and other key stakeholders in the sector and
published on the ECU web-site (13). Law firms have used the research
findings widely in their briefings to clients and in the preparation of
cases involving the enforcement of an employer justified retirement age
(2010-2013) (10). Manfredi and Vickers were commissioned (2009) by
Equality Forward in Scotland to design and deliver training, based on this
research, for HR managers in higher and further education. As Manfredi and
Vickers continued to examine the changing legal regime on age
discrimination and retirement, later research findings informed new
training sessions for HR and equality managers which were delivered in
several universities in England (2011) and at a workshop, commissioned by
ECU, in Scotland (2012). Overall these sessions were attended by HR and
equality specialists from over 50 universities and FE colleges. Written
feedback from these sessions shows how the research influenced managers'
thinking and practice: `used of the resource guide to improve practice';
`used evidence from research to tackle prejudice and stereotype about
older people, especially about their performance in the workplace'; helped
to `think creatively about how work could be organised to accommodate
extended working lives' `considered links between equality strands';
`checked retirement/age process for good practice'; etc.(12). This
research has also `shaped the thinking and action' of the University and
College Union (14) which led to the adoption of a motion at their Congress
in 2012 on Sustainable Working Lives. Manfredi has been invited to be part
of a working group convened by UCU in 2013 to look at sustainable working
lives in HE (14). Finally this research has attracted media coverage and
stimulated a wider debate on age discrimination and retirement policies in
the HE sector (15).
Sources to corroborate the impact
Equality policy in research careers:
6) Guidance from REF panel: http://www.hefce.ac.uk/research/ref/pubs/2011/03_11/
and REF guidance from ECU http://www.ecu.ac.uk/publications/files/equality-and-diversity-in-the-research-assessment-exercise-2008.pdf/view;
evidence of contribution to HE policy makers development of equality
guidance for the REF
7) Equality Challenge Unit guidance to Higher Education
Institutions to develop a Code of Practice for the REF and REF specific
equality training: http://www.ecu.ac.uk/our-projects/REF
8) Corroborative statement author 1. Letter from ECU Policy
Director to Manfredi dated 7/10/2009 (available on request)
Age equality and retirement policies:
9) The Higher Education workforce framework 2010, http://www.hefce.ac.uk/pubs/year/2010/201005a/name,63861,en.html
evidence of contribution to analysis of future challenges relating to
managing the workforce in the HE sector
10) Eversheds solicitors AHUA Law Forum Annual Conference 9th
June 2011 Phasing out default retirement — the implications for
universities
http://www.ahua.ac.uk/assets/_files/documents/jun_11/ahua__1308066895_Eversheds.pdf
; presentations to UCEA 2010; Mills and Reeve solicitors briefing 2011.
Letter from Eversheds solicitors to Manfredi dated 30/7/2012. E-mail from
Morgan Cole LLP to Manfredi dated 20 May 2013. (All available on request)
11) Resource guide on managing flexible retirement and extended
working lives. http://www.ecu.ac.uk/publications/managing-flexible-retirement-and-extended-working-lives
12) Feedback forms from HR and Equality practitioners who attended
research informed training sessions on managing flexible retirement and
extended working lives and lists of attendees. Available upon request.
Workshops materials available on ECU web-site at http://www.ecu.ac.uk/events/materials/managing-flexible-retirement-and-extended-working-lives
13) Correspondence with Manfredi relating to training sessions and
distribution of the resource guide: Corroborative statement author 2 -
Letter from Equality Forward Interim Director dated 5/5/2009;
Corroborative statement author 3 - Letter from Chief Executive Equality
Challenge Unit dated 26/11/2010; Corroborative statement author 4 - Letter
from Chair of Higher Education Equal Opportunity Network June 2011
(available on request).
14) Corroborative statement author 5. E-mails dated 2/6/2012 and
8/11/2012 from Equality Support Official UCU to Manfredi (available on
request).
15) Retirement Law a Grey Area for Staff , 21 February 2008, The
Times Higher Education www.timeshighereducation.co.uk/story.asp?storycode=400714