Collecting hard data

To persuade employers, unions need hard data. It is very difficult for a responsible employer not to act when confronted by a data set that demonstrates – for example in the context of the civil service (see Chapter 2), or primary and secondary education in academies (see Chapter 3) – clear discriminatory outcomes. With each passing year in which national unions collate and analyse the same data set against the same set of criteria, trends such as unlawful discrimination will become clearer, and harder to refute.

At workplace level where unions are recognised, union reps should keep a confidential record of capability outcomes, grievances and appeals linked to appraisal (or the decision not to appeal), looking for possible patterns, for example, a higher level of negative ratings among BME employees, older workers, women or those with mental health difficulties.