Race Equality Scheme

Functions and Responsibilities of the Commission

1. The Commission (the “CC”) is a Non- Departmental Public Body independent of, but funded by, the Department of Trade and Industry.  It has two major responsibilities:

a) To investigate and report on references from UK competition authorities concerning mergers, monopolies and the economic regulation of utility companies; and

b) To hear appeals against decisions by the Director General of Fair Trading and the regulators of utilities about infringements of prohibitions in the Competition Act 1998 concerning anti-competitive agreements and abuse of dominant position.

CC Compliance with the General Duty

2. The reporting side’s activities contribute to an increase in the level of competition in the UK economy and to the UK’s economic performance and productivity in the world economy.  Their focus under current legislation is the ‘public interest’ but this is expected to be replaced under new legislation currently before Parliament by a test limited to competition issues.  The aim of the Appeal Tribunals is to produce rigorously argued and legally robust judgements in a timely and expeditious way.

The Commission is committed to meeting its obligations under the general duty, but its statutory functions do not lend themselves to either negative or positive opportunities in the field of equality.  This assessment is, however, under review.

CC Compliance with the Specific Duty on Employment

3. The Commission is committed to valuing the diversity of its staff and enabling all to realise their full potential.  It recognises and endeavours to harness the benefits that differences can bring.  The following paragraphs set out current arrangements within the CC and, where appropriate, the changes we are introducing to ensure that we meet the specific duty on employment.

4. The ethnic classification system used by the CC in monitoring employment is in accordance with the classifications set out by the Cabinet Office and in line with National Census 2001 classifications.

Staff in post

5. The Commission records on its Personnel database the ethnic origin of its core staff where individuals are prepared to declare this.  Statistics can be produced as required.  Although staff are encouraged to complete surveys disclosing this information responses are voluntary and by self-nomination.  Nonetheless the data available is thought to be broadly reliable for monitoring the composition of the Commission’s workforce.

Recruitment

6. All external recruitment competitions are monitored by the ethnic origin of applicants and their success rates at each stage of the competition to assess whether there are any stages in the process which are potentially or actually discriminatory.  Commission policy is to try to ensure that the proportion of applicants interviewed who are from ethnic minorities broadly reflects the proportions of those who apply, and to consider closely and objectively the reasons if there appears to be a disparity.  Success rates at appointment are also similarly monitored and explanations sought for imbalances.

Promotion/Progression

7. The Commission is a relatively small organisation with about 130 core (permanent or long term appointment) staff, though it is expected to expand in consequence of the legislative changes.  Its relatively small numbers mean that promotion opportunities are infrequent.  As in the case of recruitment, however, steps are taken to monitor the proportion of ethnic minority staff applying for, and succeeding in appointment to, higher level posts.  The Commission recognises that there may be scope for more proactive policies in this area and will review its procedures and practices by December 2002.

Performance Appraisal

8. Statistical information is available, subject to the qualification mentioned at paragraph 4, to enable periodic monitoring to ensure against bias.  However, such exercises are not regular events.  This is something which the Commission will address as part of a wider review in the period to December 2002.

Grievance/Discipline

9. The Commission has not in the past analysed formal grievances and disciplinary cases by ethnic origin.  Such cases are few in number, and the right of individuals involved in the process to confidentiality under the Data Protection Act has to be protected.  Without commitment to publication of the results, however, the Commission will review periodically the relative numbers of ethnic minority staff who are subject to grievance and disciplinary procedures to ensure that no bias is involved.

Access to Training

10. The Commission is currently raising the profile of its learning and development activity.  No distinction has ever been made between ethnic minorities and others in terms of access to, or encouragement of, access to training and development .  However, as part of future planning the collection of statistics, and the possible need for new approaches, will be considered.

Dismissals and other reasons for leaving

11. No information is currently collected by ethnic origin in this area.  Dismissals are exceedingly rare, but the turnover rate for core staff is typically around 10% per annum.  This figure suggests that data on reasons for leaving by ethnic origin should be collected and reviewed once a year and steps will be taken to this end by March 2003.

Training and awareness raising on the duty to promote race equality

12. Obligations arising from the two Equality Schemes will be reflected in the Commission’s wider training and development programmes.  The Commission will also raise awareness of the Schemes through its internal communication channels for all staff.  Training programmes appropriate to the grade and responsibilities of staff will be developed and implemented as needs are identified.

Ongoing Review

13. In line with good practice, the Commission will regularly review the quality of its monitoring processes and the progress made in meeting the letter and spirit of the legislation.