For what is believed to be the first time, the Commission for Racial Equality (CRE) has written to a higher education institution (HEI) to say it had not been in compliance with race relations laws which require it to publish the outcomes of race impact assessments.
Following a complaint made by lecturers’ union NATFHE, the CRE has told London Metropolitan University (London Met) that the university has breached a crucial section of the Race Relations (Amendment) Act. NATFHE has warmly welcomed the CRE action.
NATFHE had complained that London Met had failed to keep any written records of the outcomes of race impact assessments, including any relating to the university’s controversial ‘PADAS’ performance related pay (PRP) scheme. The union had discovered that the scheme produced discriminatory outcomes, with disproportionately few black and ethnic minority staff receiving the top pay increment.
The CRE has recently written to NATFHE stating: "It appears that the university is claiming that although it did not keep any written records of an impact assessment in 2002 it did nevertheless assess the impact of the PADAS scheme. On balance and in the light of the information you provided it appears the university failed to meet its statutory duty in this respect".
The CRE went on to warn the university that any future reviews of its performance and reward system must involve consultation with staff and the unions.
NATFHE says the university has shown a poor understanding of its duties and scant attention to monitoring procedures. The union wants firm action by governors to ensure that lapses in anti-discrimination practice cannot be repeated. It also wants a university race equality committee set up with representatives from black staff.
More generally, the union warned against the use of PRP systems which, by linking appraisal with pay, provide scope for discrimination.
NATFHE head of universities department, Roger Kline, said:
‘It is astonishing that a university with a high proportion of black and ethnic minority students - as many as the top twenty Russell Group universities together - couldn’t get a basic legal requirement right on such an important issue as producing and publishing written race impact assessments.
‘We have been assured by the CRE that it will be writing to London Met’s board of governors with its decision. Governors will no doubt want to ask themselves how such a state of affairs was allowed to exist for so long and who was accountable for such lapses.'