Why do the funding bodies require an EIA?

Legislative compliance

In light of legislative requirements, the four UK funding bodies require all HEIs submitting to the REF to conduct EIAs on their policies and procedures for selecting staff for the REF. 

England, Scotland and Wales

The Equality Act 2010 places requirements on HEIs through the public sector equality duty to eliminate discrimination, harassment and victimisation that is prohibited under the Act, advance equality and foster good relations in relation to the protected characteristics of:

• age
• disability (including carers of disabled people)
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex (includes breastfeeding and childcare)
• sexual orientation

Marriage and civil partnership is also covered by the equality duty in regards to eliminating prohibited conduct in employment functions. Therefore this characteristic will need to be considered in the REF.

HEIs are required to show due regard to the equality duty and in order to do so need to understand the effect of their REF selection policy and procedures on their ability to meet the requirements of the equality duty. An EIA is a method to do this and it is a specific statutory requirement in Wales. The Equality and Human Rights Commission has significant powers to enforce HEIs responsibilities under the Equality Act, including the ability to launch official inquiries and formal investigations.

Northern Ireland

Section 75 of the Northern Ireland Act 1998 requires HEIs to assess the likely impact of their policies on the promotion of equality of opportunity:

• between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation
• between men and women generally
• between persons with a disability and persons without
• between persons with dependants and persons without

The Equality Commission for Northern Ireland has significant powers to enforce HEI responsibilities under Section 75, including the ability to launch official inquiries and formal investigations.

Ensuring effective selection of staff

As noted by HEFCE, EIAs 'lead to better value for money, increased productivity and maximisation of resources leading to a more efficient and effective working and learning environment'. They will, for example, help to ensure that an institution's REF policy on the selection of staff is appropriate from the point of implementation, thereby reducing the need to respond to issues later on.

EIAs on staff selection procedures will require an initial investment of staff time to conduct analyses of staff data and to organise and follow up on any consultation exercises required. However, EIAs will reduce the long term and more significant costs incurred in responding to difficulties during the final submission, complaints of discrimination or legal challenges that may otherwise arise if equality issues are not properly considered during the development of the code of practice.