nipsa equality

June 2014 equality 1

equalityNews from the Equal Opportunities Committee

June 2014

domestic violenceand the workplace

ICTU Women’s Conference 2014

Migrants and the workplace in Northern Ireland

Disability Leave Policy

A Year in ReviewChairperson’s Report

2 equality June 2014

Over the last year I had the pleasure of being the Chairperson of the NIPSA Equal Opportunities Committee. The work over the year was comprehensive and the following provides an overview of some of the key issues we were involved in.

Dignity at Work EventNIPSA’s Dignity at Work event was held in May 2013 in the Wellington Park Hotel, Belfast and was attended by about 120 NIPSA reps and members. It was a joint event organised by the Equal Opportunities Committee and the newly formed LGB&T Group.

The event was opened by NIPSA President, Pádraig Mulholland. The morning session on sexual orientation awareness and LGB experiences in the workplace was introduced by Dáire Toner, Chair of the LGB&T Group. The afternoon session on Disability was introduced by myself as Chair of the

NIPSA Equal Opportunities Committee. There were a range of speakers throughout the day including Ciaran Trainor from the

Equality Commission who gave an in-depth presentation on the Disability Discrimination Act and Managing Absence. The feedback from the participants was that the event was excellent. It is intended to have

another Dignity at Work event in 2014.The Committee are currently working on a new updated version of the NIPSA publication ‘A Guide to Dignity at Work’. This will now include new information on LGB&T issues (highlighted at the Dignity at Work event) and Cyberbulling. The new booklet will be available in print and from the NIPSA website later this month.

Equality Legislation and Consultation DevelopmentsThe Equal Opportunities Committee responded to two key public consultations from the Department of Employment and Learning (DEL). The first related to the implementation of an EU Directive on the extension of unpaid parental leave and the second to Shared Parental Leave and Extending Flexible Working. We also responded to the DHSSPS and DOJ

The work of NIPSA’s Equal Opportunities Committee

Alanagh Rea, Chair, NIPSA Equal Opportunities CommitteeMay 2013 to May 2014

Workshop at the Dignity at Work Event

A Year in Review


consultation on Stopping Domestic and Sexual Violence and Abuse. The draft Active Ageing Strategy was referred to NIPSA’s Retired Member’s group. We are currently responding to the draft Sexual Orientation Strategy. We continue to be involved in the ongoing campaign for a Bill of Rights for Northern Ireland.

Domestic ViolenceWe have detailed the Committee’s work on

Domestic Violence in NIPSA’s Annual Report 2014 but would like to highlight some of the work in this area. The NIPSA Guide on Domestic Violence was updated and issued to branches in September 2013. We continue to be

represented on Domestic Violence Partnerships and the End Violence Against Women Working Group. We held a training event on Domestic Violence in April 2014 which was attended by about 60 reps and members and received excellent feedback from the event. I introduced the event by giving an overall view on the issue of Domestic Violence and Geraldine Alexander, NIPSA Assistant Secretary, spoke on Domestic Violence as a trade union issue. There were several speakers covering all aspects of Domestic Violence

and the session received excellent feedback from the participants. At the ICTU Women’s Conference in Wexford in March, I spoke to a motion on Domestic Violence, including Domestic Violence Protection Orders, Domestic Violence Homicide Reviews and Domestic Violence Disclosure Schemes.

Racism and Migrant WorkersWe appointed a NIPSA representative to the ICTU Black and Minority Ethnic (BME) Committee and participated in the NI Council for Ethnic Minorities (MICEM) Annual Human Rights and Equality Conference in September 2013 and its AGM and seminar in October 2013.

DisabilityA major focus is raising awareness of issues facing our members with a disability and engaging with NIPSA’s Disability Champions. We held several Disability Champions events including a presentation from the Department of Employment and Learning on the Access to Work scheme and another from Disability Action NI. The Forum meetings provided an opportunity for Disability Champions to meet on a regular basis to share information and best practice on disability related cases in the workplace and discuss case law and legislative developments. Our most recent Forum meeting saw Marcel Dummigan of the Equal Opportunities Committee and a Disability Champion, Paul Cobain, present two case study examples of sickness absence and the reasonable adjustment duty. We organised Disability Champions training to take place over six weeks commencing in June 2013. We considered the NIJC Model Disability Leave Policy and gave feedback.

Speakers at the Domestic Violence training event, April 2014.Left to right: Siobhan Graham, Alanagh Rea, Helena Macormac, James Knox, Priyamvada Yarnell, Matthew McDermott.


NIPSA is represented on the ICTU Disability Committee by Tina Creaney and Marcel Dummigan who attend the committee meetings and the annual ICTU Disability Conference.

ICTU Women’s CommitteeNIPSA is represented on the ICTU Women’s Committee by Geraldine Alexander and myself who attended regular committee meetings and participated in the Women of the Isles Conference in Dublin in November 2013.

Impact on the Cuts on WomenThe Committee updated a publication originally produced in 2011 setting out the impact of the Government’s austerity programmes on women and this was issued to Branches in November 2013.

Resolution No.61 Triennial Review of the Participation of Women in NIPSA BusinessThe sixth review of the participation of women in NIPSA business covering the period up to 31 December 2012 was conducted and the findings, including recommendations, were presented in Conference Paper No.1 to the 2013 NIPSA Annual delegate Conference. The Paper was adopted and the recommendations are being progressed.

Equality Newsletter and EzineAn equality newsletter and ezine were issued during 2013 and articles are published regularly in NIPSA Reports and NIPSA News on key equality issues.

Impact of the Cuts

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Why should we as a union negotiate for a Disability Leave policy? There is legislation that exists to guide employers on how they manage employees with disabilities. There is equality law that states that people with disabilities should have equal rights. It is within this minefield of legislation that the realistic needs of workers with disabilities get lost as many employers can take the simplistic view that if they treat everyone the same then they are complying with the law. This however is not the case and in order to treat everyone the same they must all be on an equal footing and people with disabilities will not be. The major hurdle in negotiating a policy will be getting the employer to recognise this and implement the true meaning of the legislation that exists. For example while Equality legislation states that all people should be treated equally in order for disabled people to be treated as equal there may be a need to treat them more favourably This is most evident when dealing with stringent managing attendance policies which can disadvantage our members who have disabilities and put them at risk of losing their job.It is our job as a union to ensure that the legislation that exists is utilised to its utmost for the protection of our members. A Disability Leave policy is one way to do this. The essential protection that this type of policy would give our members is that it is not counted as sick leave and therefore sits outside the inefficiency policies of the employer and would be recorded as a “reasonable adjustment” due to disability. Many unions have already negotiated this type of policy for their members and it is from them we can take

our lead by designing a policy that would give our members the highest possible level of protection.What are the key elements of a Disability Leave policy?

■ Disability leave and sick leave are counted separately;

■ The amount of disability leave required should be judged on an individual basis;

■ If it becomes evident that a period of sick leave is actually due to disability, disability leave can be applied for retrospectively;

■ Disability leave should be for anything to do with the disability i.e. recuperation, alternative therapies, surgery, appointments etc.

Disability leave can be planned or unplanned.These are only a few pointers for the basis of a policy and should be the starting point for negotiating a policy. The TUC has produced a useful negotiator’s guide to the law and good practice www.tuc.org.uk/sites/default/files/tucfiles/sickness_absence_and_disability_discrimination_feb2013.pdfLegally, (DDA Act 2005, Equality Act 2010) employers must not discriminate against disabled workers and make reasonable adjustments to enable them to continue in employment. Employers however see reasonable adjustments as being to do with the physical environment of the workplace and but many employers have taken this legislation to mean that all employees should be treated exactly the same.

Disability Leave PolicyJune 2014 equality 5

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Domestic Violence may happen behind closed doors but it has far reaching consequences and is known to have an impact on the working lives of those living with an abusive partner. The scale of the problem is huge. In the UK, in any one year, more than 20 percent of employees take time off work because of domestic abuse and two percent lose their jobs as a direct result of the abuse.A Home Office report in 2009 found that 20 percent of victims of domestic abuse had to take a month or more off work in the previous year due to the abuse. Other research has found that 56 percent of people affected by domestic violence arrive late for work at least five times a month and 53 percent miss at least three days of work a month.Union reps are an important part of this picture. For those suffering abuse at home, the workplace can be a place of refuge and safety and a friendly union rep often is the first port

of call when seeking help. Reps can support individual members in dealing with management and seeking time off work. Unions also have a role in bargaining for better workplace policies on domestic violence.Unions in Australia have successfully campaigned on domestic violence as a workplace issue and have negotiated 20 days of paid leave in cases of domestic violence across the whole of the public sector. The ability to take time off work without facing disciplinary action or losing out on pay is crucial for survivors of domestic violence who are trying to flee an abusive relationship. Finding a new home, getting a place at a refuge, securing school places for kids, seeking legal advice, opening a new bank account and seeking medical help and counselling all take time. Good workplace policies on domestic violence often offer advances on pay to help survivors of domestic violence to get through a period when they may

have no access to cash or their own money is being withheld by an abusive partner.The first step in convincing employers that there’s a need for strong domestic violence policies is to show them the extent of the problem and the impact that it has on working lives. To this end, on 3 April 2014 NIPSA held a very successful event, organised by the Equal Opportunities Committee, which examined the impact of domestic violence on the working lives of individuals. It also offered some practical advice and guidance on how trade union representatives and employers can support a member experiencing domestic violence which is contained in our NIPSA Guide [see link opposite].“NIPSA has also responded to the latest public consultation on ‘Stopping Domestic and Sexual Violence and Abuse, Northern Ireland 2013-2020’. In it’s response NIPSA expressed concern that the consultation

Domestic ViolenceHow union reps are an important part of a solution, helping with workplace issues for victims of abuse.

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june 2014 equality 7

Domestic ViolenceHow union reps are an important part of a solution, helping with workplace issues for victims of abuse.

NIPSA has produced a Domestic Violence Guide to help branch representatives assist a member, who is experiencing domestic violence. Available online at www.tinyurl.com/nipsa-dom-vol-1

0808 802 141424 Hour Domestic & Sexual Violence HelplineFreephone

Open to all women and men affected by domestic and sexual violence

document was largely silent on the workplace as an area where women and men can experience violence and sexual harassment and the impact that domestic and sexual violence and abuse has on people’s working life. We called on Departments to ensure the strategy addressed these issues. A full copy of NIPSA’s response can be accessed from the NIPSA website at www.tinyurl.com/nipsa-dom-vol-1

If any member is experiencing domestic violence please contact the 24 hour domestic and sexual violence helpline. Advice can also be sought from your branch representative.


In his opening address, ICTU President John Douglas noted that women now make up the majority of trade union members and pointed out that delegates at the conference represented nearly 400,000 working women across Ireland.

Call for decent work at ICTU Women’s ConferenceAbout 200 trade union delegates from across Ireland North and South gathered for the Congress Biennial Women’s Conference on March 6th and 7th in Wexford. A total of 21 motions were debated and delegates also heard from a number of guest speakers over the two days.

He described this number of women organising for decent work as “a very considerable resource for the movement” whose participation “we need to improve if we are to fully realise our potential for change in our workplaces and wider society”.ICTU Assistant General Secretary Sally Anne Kinahan gave a brief presentation on the labour market flagging up how


Call for decent work at ICTU Women’s ConferenceAbout 200 trade union delegates from across Ireland North and South gathered for the Congress Biennial Women’s Conference on March 6th and 7th in Wexford. A total of 21 motions were debated and delegates also heard from a number of guest speakers over the two days.

“greater income inequality, high levels of insecure work and the emergence of a ‘two-tier’ workforce” posed a serious problem for women workers. Ms Kinahan said: “The crisis – from which we have not fully emerged – saw a concerted attempt to worsen working conditions and create a labour market

characterised by badly paid, insecure work. The only way to combat this was to make decent work – good pay and good jobs – a key ambition for post-Troika Ireland. The growth of insecure work affects women most severely, particularly younger women, migrant women, women with lower skills and women with children.”


John Douglas, ICTU President addresses Conference.

Ann Henderson, Assistant Secretary, Scottish TUC.

Following Ms Kinahan’s presentation, five women gave personal testimonies about their experiences of the labour market. Pamela Dooley, of UNISON, introducing a section on Women and Trade Unions, outlined some of the results of ICTU’s 2013 Equality Audit. This audit revealed that while women had for some years represented more than 50% of trade union members, the figures confirmed a significant gap between the number of women and men in key leadership positions within trade unions.In her contribution, Scottish TUC Assistant Secretary Ann Henderson spoke about the importance of investing in childcare after which a motion calling for universal childcare was unanimously endorsed. Speaking to the motion, NIPSA’s Margaret Loughran told delegates: “Universal childcare would not only ease the financial burden for low paid families but the provision of affordable, quality childcare would be an investment in a future workforce and in economic growth.” In her address, Grainne Healey, of Marriage Equality, urged the trade union movement to become strong advocates in favour of

equality in the forthcoming referendum in the Republic. A motion on the issue was then debated and passed unanimously.Speaking to the motion, NIPSA Assistant Secretary Geraldine Alexander said: “Marriage equality is an issue of international importance. It has been legalised in 16 countries, with France, Scotland, England and Wales passing legislation last year. This motion recognises the significance of the determination made by the Irish Constitutional Convention that same sex marriage be put to a referendum, allowing the people of Ireland to amend the constitution to provide for the recognition of same-sex marriages. Northern Ireland may soon be the only place in these islands where same-sex marriage is

not recognised, creating an inequality within the United Kingdom and the island of Ireland that is totally unacceptable. The consequences for young people coming to terms with their sexuality or gender identity in hostile homes or schools, and for LGBT workers in homophobic workplaces, are serious,” she warned. “In the most extreme cases, this prejudice converts into hate crime


NIPSA delegate, Tina Creaney, moving the NIPSA motion.

NIPSA delegate, Lucia Collins, speaking to the motion on women, the working poor.

NIPSA delegate, Alanagh Rea, speaking to the motion on violence against women.

NIPSA delegate, Alison Wise speaking to the motion on parental leave.

All images, Kevin Cooper, Photoline, © 2014

of which Trans people in particular have been disproportionately victims. Creating equal marriage rights for LGBT people will help challenge these attitudes about what is ‘normal’.” Ms Alexander added: “Equal marriage is one of the defining civil rights issues of our time and that it is important for public representatives

in Northern Ireland to stand up and defend equality for their LGBT constituents.” NIPSA’s motion on the impact of the Government’s austerity measures on women and calling for gender-responsive budgeting was also carried unanimously. Formally proposing the NIPSA motion, Tina Creaney, told

delegates: “This recession and the ensuing austerity has devastated lives and families– attacking the weak, elderly and mostly women in our society.“According to Oxfam Ireland, we are facing hardships our grandparents faced. Northern Ireland alone will have £4 billion in cuts delivered – the worst since World War Two. Island-wide they have attacked and slashed public sector jobs, public healthcare and services, child benefits and family-related benefits, funding for public gender equality institutions, pensions, pay and access to affordable childcare We need to draft pre-budget submissions to our governments so we can influence policy. We need to ensure every single draft budget and taxation proposal is gender impact assessed. We need to mobilise our MLAs to address gender imbalances to strengthen women’s rights and gender equality in society.” Ms Creaney added: “101 years after women were imprisoned for our right to live in an equally democratic society – democracy is not just the right to vote, it is the right to live in dignity.”

Ref A4_0378Views expressed in this Newsletter are not, unless otherwise stated, the views of NIPSA.

21 March 2014 was the International Day for the Elimination of Racial Discrimination. To mark this event, the Irish Congress of Trade Unions (ICTU) Northern Ireland Committee (NIC) launched a new research report.The new research reveals that migrant workers in Northern Ireland remain a group that is hard to reach and which continues to face particular issues in the workplace making them vulnerable to exploitation and differential treatment. Their experience is often characterised by the lack of written contracts, contracts in a language they do not understand, the prevalence of ‘casual’ or ‘zero-hour’ contracts, long working

hours, and difficulties with pay and in-work entitlements such as leave. The study, conducted by Agnieszka Martynowicz also shows that migrant workers continue to experience racism and discrimination at work. It can have devastating consequences for workers, for their relationship with employers and colleagues, their experience of work, career progression and professional development as well as their relationship with the wider community. The knowledge of employment rights continues to be limited and access to protection is not always easy. The onset of recession and the economic downturn have further increased the vulnerability of many workers, unwilling to challenge inappropriate working practices for fear of losing employment. The research collected information and analysed the experiences of migrant workers who brought their cases to the attention of the Migrant Workers Support Unit (MWSU). This Unit, part of the Irish Congress of Trade Unions, was established in 2007 to assist vulnerable workers and ensure their equal access to protection. The report highlights that membership of a Trade Union provides migrant workers with an important source of information about employment rights as well as providing a safety net when those rights are breached.A copy of the research document can be found here http://www.ictuni.org/download/pdf/2014_ictu_migrant_workers_experiences.pdf

“It’s not how they should treat people”

Migrants and the workplace in Northern Ireland


nipsa equality

Documents

work eventnipsas dignity

training event

joint event

nipsa guide

nipsa reps

domestic violence partnerships

nipsa publication

sexual violence