Ryan Clement

Ethnicity Pay Gap

Ryan Clement

RECENTLY, I had the pleasure of chatting to Dianne Greyson of #EthnicityPayGap who has been championing the cause of highlighting and addressing pay gap due to workers’ ethnicity. Dianne spoke about her work and some of the challenges she faces. We also spoke about Colourism, which is a term I first encountered many years ago through one of my favourite authors, Alice Walker. As a barrister who specialises in employment law, I identified a potential problem in the area of direct discrimination because of race where a claimant needs to have a comparator. The statutory definition of ‘race’ includes— (a) colour; (b) nationality; (c) ethnic or national origins. If a claimant relies on colour on the basis of colourism, arguing, for example, that they were treated less favourably than a person of the same race in respect of colour under the Equality Act 2010 but of a different complexion, which, in essence, is basis of colourism, then it would be interesting to see whether the courts would accept the claimant’s comparator as being a correct one.

NEWSLETTER

The ONS (Office for National Statistics) reported, amongst other things, that in the UK in 2022:

#EthnicityPayGap

Asked what gave her the idea to do the good work she is doing on ethnicity pay gap, Dianne said, “It was a lightbulb moment.” She was, “driving along,” and had been thinking about it and wondering, “why weren’t people addressing it?” Influenced by the #MeToo movement, she thought, “What can I do? And I literally came up with the idea.” From that she came up with #EthnicityPayGap to, “show solidarity with people who were going through it,” but that just literally spiralled into something else because she shared it on LinkedIn and suddenly people were asking, ‘where did you get this t-shirt from?’ “So I had to go and find someone to replicate what I designed. And through all that time I was starting to do more research and understanding the magnitude of the situation because obviously in the beginning you think this is not fair. But then you look into it and you think, ‘THIS REALLY ISN’T FAIR!‘”

Dianne Greyson

I WAS EXTREMELY GRATEFUL to Dianne for sharing her knowledge, experience and expertise with us. It has been a pleasure having the benefit of knowing so many talented people in their respective fields of specialism, be it a Primary School Teacher, HR, Detective Constable, a Poet/Councillor/Social Worker, and an, ‘Experienced Senior HR Project People Director, CIPD qualified and Accredited Mediator, Emotional intelligence assessor, providing strategic guidance and support with extensive ED&I experience,’ who has, ‘worked within the private and public sectors at board and operational level.’

“Unlike gender pay gap reporting, ethnicity pay gap reporting is completed on a voluntary basis. Of those organisations that have published ethnicity pay gap data, there is a trend towards a concentration of staff from ethnic minorities in junior roles and an underrepresentation of these staff at senior levels. However, as reporting is currently voluntary, there is limited data available to allow us to compare ourselves to other organisations.”

Diversity and Inclusion

Enjoy!

Colourism v Race by Dianne Greyson

To Sir with Love

Ryan Clement, barrister

The Past

DEAR SIR, I had a good day today, I think. I went to see a career advisor who asked me what I wanted to be? I told him if I couldn’t be a footballer, I wanted to be a doctor or lawyer because they’re good jobs. He told me that I had to be very clever to do those and told me about jobs I didn’t ask about. I wondered if he had spoken to Mr G_, my maths teacher, who told me that all I was interested in was football. I was sad because maths was my favourite subject and I thought I was good at it. Last week there were comedians on the television who were referring to people who are like me with horrible names that the audience laughed at. I didn’t find them funny because when I go to school others call me the same names in the playground and laugh. I don’t like that feeling. I feel picked on. There was also a comedy show with the words ‘Love’ and ‘Neighbour’ in its name that showed anything but Love to the Neighbours! And there was Tarzan, who was brought up by an Ape and yet he was seen as braver and wiser than people who looked like me who were not raised by a primate. Maybe Mr G_ and the career adviser watched those programmes, too, and didn’t want me to be disappointed. Didn’t want me to raise my hopes too high, be too ambitious. But what do I know? My best friend, D_, went to see his Gran over the weekend. I wish I could see mine. Why is Nenen in Grenada? How did she get there? Why did mum and dad come here? I guess I’ll find out one day.

To Sir with Love by Ryan Clement, barrister

The Present

DEAR JUNIOR, it has been a while. Let me update us. We made it neither as a footballer nor as a doctor. But we did make it as a lawyer, a barrister to be precise. In fact, law was our second profession, so we ended up with two! Glad we didn’t let the career advisor’s and Mr G_’s advice define us and determine our destiny. It is ironic we mentioned Mr G_ because we went on to gain a Distinction in Mathematics, the very subject he taught us. Things have changed much since we were young. Today, we advocate equality of opportunity in various forms and on various platforms. Sadly, however, there are still many perceptions to be addressed. Sometimes people aren’t even aware of their adverse treatment of others. Some label this as the effects of unconscious bias. We now have diversity awareness and inclusion as part of our lexicon. The former is a matter of observation. However, the latter is a matter of implementation, on which there is a lot more work to do. We will be pleased and saddened in equal measures to know that we attended 3 universities and gained three degrees, one of which is a Master’s in Law. And yet, we have not once been taught how Nenen or our ancestors got to be in Grenada. In fact, we have never formerly been taught how your uncles, aunts and cousins got to be in Trinidad or elsewhere in the Caribbean. Symbolically, it may appear, the hospital in Chiswick where we were born and our primary school in Fulham no longer exist. They have been replaced by structures deemed more important. It is as if our ancestral history is deemed likewise. Mum and dad came here, worked hard and more than contributed to the economic development of the country in which we were born and educated. Recently, it was announced that how Nenen got to be in Grenada from Africa, why mum and dad came to the UK and their contributions will be taught in some schools as part of their curriculum. Maybe in the future when our children write to us, they will be more enlightened about Nenen, mum and dad through their formal education than we were.

The Future

DEAR DAD, …

GOOD, BETTER, BEST

Ryan Clement

THIS BLOG speaks for itself.

No more words necessary!

“Good, Better, Best

Never Let it Rest

Till Your Good is Your Better

And Your Better is Your Best!”

Said Cllr Michelle Simmons-Safo during our conversation.

“Good, Better, Best”

You can watch the Full Video HERE:

Barrister Ryan Clement meets Cllr Michelle Simmons-Safo

#motivation

#inspiration

#aspiration

#achieve

Windrush Day 2024

Ryan Clement

TODAY IS WINDRUSH DAY 2024. Of course, not everyone from the Caribbean in the 1950s and 1960s arrived on the famous Empire Windrush, which, incidentally, was a German built ship initially named MV Monte Rosa.

HOWEVER, it is symbolic of a generation that left the sunny shores of the Caribbean to make their way to what was then known as the Motherland, England. My parents’ generation, The Windrush Generation, were told that London was paved with gold. For some, it was. For many, it wasn’t. Most were invited to work to fill the vacancies that the country struggled to or was unable to fill by the local workforce. Many came with a 5-year plan to work, earn money, pay their taxes and return to Paradise, The Windies. However, those dreams did not materialise for most as they remained beyond their initial plans as they continued to contribute to the country’s prosperity. Many were not to see Paradise again!

WITHOUT QUESTION, many, if not most, faced adversity from those too ignorant to know better. It is of no coincidence, therefore, that the first Race Relations Act was enacted shortly after their arrival, in 1965, followed almost immediately 3 years later by a second, reinforced Act, in 1968.

Race Relations in Employment by Ryan Clement

UNFORTUNATELY, the plight of how many from the Caribbean came to be here or their connection with the Motherland through colonialism or their contribution to Britain’s cause during the two World Wars were not part of the schools’ National Curriculum. So most of us schooled in the United Kingdom had no formal education, up to Primary School level, on how either our parents or our friends’ parents fit in with British History. That is a big failure on and void in part of our educational system.

RECENTLY, I had the pleasure of chatting with Cllr. Michelle Simmons-Safo who, amongst many things, tells us the story of her mother’s and father’s journey to the United Kingdom and concludes with the plight of the Windrush Child with a sequel poem of the same name to accompany her equally beautiful poem, Bound for Britain. I guarantee you, you are going to enjoy these as much as I did.

Barrister Ryan Clement meets Cllr Michelle Simmons-Safo

SO, FINALLY, to Windrush 2024, I say, to coin a phrase from Michelle’s poems, “Windrush Generation, WE salute you!” ❤️

Diane Abbott MP

Dawn Butler MP

David Lammy MP

Happy Father’s Day

Ryan Clement

TODAY is FATHER’s DAY.

So, for the shortest blog ever, just wishing you all a Happy Father’s Day, and I mean ALL, not restricted or limited to biological fathers. But you know who you are! Also, remembering the millions of forefathers on whose ancestral shoulders we now stand. We owe YOU!

@ Fathers 2024

We Reap What We Sow! 2

Ryan Clement

THIS SHORT BLOG is titled ‘We Reap What We Sow! 2’ because it follows the first offering, which was published last month – ‘We Reap What We Sow!’

AS A BRIEF RECAP, on 24 May 2024 I spoke at Our Lady of Lourdes Catholic Primary School & Nursery in London as part of its Careers Week. I brought my court attire of wig and gown (robe) with me, which some of the children tried on and they (the children) asked, and were encouraged to ask, me many questions, which, of course, they did. I was questioned about my journey to becoming a barrister and a writer. There were no prohibitions in asking me any question(s). It was an absolute joy to meet these inquiring minds.

The school made sure that these young, keen acorns knew that they could achieve/acquire any profession, trade, skill (and much more) if they so wished and desired to do so. I agree!

At the end of the day, I left the school and returned to work because I was due a reserved judgment later that afternoon. As I drove South I reflected on an enjoyable morning.

SOME TIME LATER, I had cause to visit the school for an unrelated matter. On the desk in front of me was a large white envelope, which bore my name. I was not expecting anything and, therefore, had absolutely no idea what the envelope contained. I opened it cautiously and was met with an amazing set of handmade cards from some of the children thanking me for attending and participating in their Careers Week. What an honour!

ALL CARDS WERE AND ARE EQUALLY SPECIAL and ALL are my FAVOURITES! However, when I read, “Dear Ryan. Thank you so much for coming to speak to us about your wonderful career. You have inspired me to follow my dreams,” it made my horrific journey back, being stuck in my car in traffic jams on the A406 (North Circular), M40 and M25 so much worth it, which I would not hesitate to do all over again.

Thank you

☕️ Diversity and Inclusion ☕️

Ryan Clement

NOT EVERYONE buys into diversity and inclusion, and not everyone is sold on it either. Some say it does not work. Many believes it does. Some say the benefits, if any, are impossible to measure. Some say the benefits are obvious because there is a wider and diverse pool of talent from which to choose rather than the narrow same old, same old.

AS PART OF A SERIES of podcasts and videos on the working lives of those in various professions, I asked my guests whether they believed diversity and inclusion play or ought to play a role in their professions. The following is what two of them said.

Human Resource Manager, Ruby: I asked Ruby, how was diversity and inclusion part of her practice, if at all? “It is something we are very keen on. I think it is definitely something every employee needs to do. We do training. We have mandatory training. We have classroom training every year, so everybody has to undertake at least one online course. And we do one face to face course for everybody’s ‘mandatory.’”

Detective Constable Shaun: I asked Shaun, as a serving police officer, in his view, what role did diversity and inclusion play or should play in the police force? “It plays a very very important role. For me, we need different perspectives. We need people from different walks of life because it is no point looking at things one-dimensionally because then it will only impact on a small portion of the community. So, we need diverse voices. We need representation because I hate the feeling of anyone feeling left out. It is the worst feeling in the world when you are alone. There is no one speaking for you, and you are not being heard. So, in order to deliver a service that represents everyone fairly, understands individuals and their needs, we need to have an open mindset. And we need representation from the top all the way down. If I was a leader and I had a team around me, I would want a team that challenges me, challenges that forces me to look into myself and challenge my own biases, my own decision making, and not people that just nod and agree with me all the time. That’s no good to me!”

IT MAY NOT BE EVERYONE’S CUP OF TEA but many organisations and businesses we work for function within a diverse community. Such organisations and businesses should reflect the community and environment in which they function. I firmly believe that it is a competitive advantage for a business or an organisation to be as diverse as their customers and clients etc. Speaking for myself, where there is competition, all things being equal in the quality of service provided and cost, I am and would be more attracted to the more diverse of the businesses or organisations. For me, it’s a no brainer! It may not be everyone’s cup of tea, but it may be time to wake up and smell the coffee!

☕️

Disgraceful!

Ryan Clement

DISGRACEFUL! I am not referring to England football team’s defeat against Iceland at Wembley on 7 June 2024 as part of its preparation for Euro 2024. I am referring to the media coverage, following the defeat. Unfortunately, I missed the game but I assume that England were allowed to use more than one player and at any one time had eleven players on the field. Therefore, collectively, England/We lost their/our home game. That said, it is DISGRACEFUL that I see images in the press (and this may well be replicated in the wider media) focusing on one player. DO YOU SEE WHAT I SEE?

FOR CRYING OUT LOUD! This is neither subtle nor subliminal, it’s BLATANT! This has to STOP! In July 2021, following the late Euro 2020, I had cause to write an article, which I recite in full below. I would love to have thought what I wrote would have been redundant by now and surplus to requirements. Sadly, that does not appear to be the case.

THINKING ALOUD!

Every now and then I would come across an article, which I read at speed of which I get the gist and move on. After all, I practically read for a living. Then it takes a word or phrase to prick the consciousness to the point of, to ignore it would be unhealthy because of the level of examination it demands, commands and or requires. Until now, I have kept out of the public debate about the “blacklash” against the English footballers who missed their penalties in the final of the Euros against Italy. I hadn’t contributed because there were already excellent contributions that either reflected what I thought and would say or were more eloquent than I could have expressed myself and with which, again, I agreed. Firstly, it surprised me how many people shared my immediate instinct that the reaction to those three players not scoring their respective penalties were going to have far wider implications than the game, the penalties themselves or the result. It seemed inevitable based on perception. Secondly, and this is what struck a chord that led me to write this short piece, was an article I read recently that said that black people are accepted as long as they are winning. Like I said, I read many things at speed and move on and, true to form, did so on this occasion. However, untrue to form, I came back with two questions. First, accepted by whom? Second, is winning the same as having won? I tackled these in order.

Saka, Rashford and Sancho

On the first question, I sincerely and genuinely had, and have, no idea. Whom do I approach to thrash it out? Exchange ideas? Understand where that person is coming from? Debate the issues or our differences? In other words, to whom do I make my case for acceptance? I drew a blank on everything. Watching the Euros as I did, I could not help but notice the multiracial composition of the England fans, which, rightly, ought to be the case because supporting a country or ‘your’ country is not based on ‘race.’ Of course, if I am correct then this raises another obvious question, how did ‘race’ come into this? What gives someone the belief that they have the authority or the position to abuse these England and English players based on their socially constructed ‘race’? Part of the answer is in the question, I believe. In my view, Perceived authority and Position are key.

There is a perceived licence to behave this way without fear of any significant repercussions that would move society to a place of respect and dignity for all. For example, it would be inconceivable that supporters of England and English supporters would have racially abused three white players had they missed their penalties. It is so implausible a thought that, thinking of the question alone is laughable if it were not on a serious point. And, let’s face it, we have the samples to test my point. Remember, we have had it drummed into us that we are not good at penalties on the international stage. Yet, I challenge anyone to find evidence of racial abuse aimed towards those ‘heroes’ of the past who adorned the England shirt and stepped up bravely to take a penalty for their country and missed. You will struggle. So, back to the point under examination. I can only conclude that if I cannot go to a single person and ask for acceptance, we must be dealing with an invisible force with its unwritten code that leads one to ‘believe’ that they have the power, authority or licence to act the way in which they do. In other words, one can embark on such a campaign, knowing that the recipient, even if minded to “retaliate” could and would never have the same mass impact or effect let alone power, authority or licence. I accept that I cannot drop in the word ‘licence’ without seeking to define what I mean by that. The licence I am referring to is that granted by some various institutions in which one would feel confident to express themselves in such a way and with the knowledge that it would either have a desired effect or that the victim cannot respond to such a degree that makes the attacker feel as the victim does. If I am wrong then I invite Dr Sewell and friends to put me right with specific reference to what we have witnessed recently.

Now to my second issue. I form the view that winning is not the same as having won. To me, “winning” is fluid. You may have been winning but you lost. After all, England was winning against Italy after only 2 minutes, which would have meant that the players in question (whether they were all on the pitch at the material time or not) were accepted but England lost after 120 minutes, so that acceptance was taken away (as opposed to withdrawn). My point is, even if we – yes, “we” I was born in Chiswick and schooled in Fulham – had won the Euros on penalties with all the said three scoring but, say, lose the World Cup with all three missing, the reaction would be precisely the same. The ‘acceptance’ at the Euros would be taken away at a subsequent defeat. This is somewhat disturbing on many levels. Firstly, if you excuse the pun on a very serious note, there is always a moving goal post. Secondly, which touches partly on the first, who is it that decides the rules? If you can know if you are winning then surely you ought to know when you have won. But the reality is, there appears to be unwritten but changeable rules that those who are potentially most adversely affected by the changes appear not to have a say in that constitution. In that case, the cards are continually stacked against them. They can never win in the eyes of some.

I had planned to leave the above there. Say my piece and leave but I feel compelled to say more. It seems to me, as I cannot go to an individual and reason with that person to any meaningful degree, it would be wise to participate constructively in the institutions that allow this negativity to flourish and to have a seat at the table for a fairer, just and respectable society.

PS THE DAY AFTER this blog was published the BBC reported the following, “Media criticised for use of Saka image in England defeat.“

#KICKITOUT!

HEAR! HEAR! 🥂

Joining the Force

Ryan Clement

WHEN I WAS GROWING UP, many of my friends wanted to be a footballer, doctor or lawyer. In our minds, the first was a possibility whilst the second and third were merely distant dreams rather than true or real tangible aspirations. They had a ring to them, in that order; doctor or lawyer not vice versa, and highly unlikely.

WHAT I NEVER HEARD was someone say that they would want to be a police officer. I cannot say why that was the case, it just was. I cannot even blame it on my or my family not knowing anyone, personally, from the Force because neither my family nor I knew a doctor, other than the family GP, of course, or a lawyer, either, so it cannot be my or our lack of connection or ties.

Detective Constable Shaun Pascal

SO IT WAS, THEREFORE, A PLEASURE to interview Detective Constable Shaun Pascal recently who gave us an insight into the life of a serving police officer. He began by telling us what led him to join the Met Police, saying, “I joined the Met because I wanted a challenge.” There can be no question that policing the capital can be amongst the most challenging of jobs. However, DC Pascal was very positive on this point. I asked him what was his biggest challenge to which he replied that his biggest, initially, was, “overcoming that fear that had been instilled in me. But, to be honest, there was actually no need for me to worry at all. It was the exact opposite.” He was, “embraced, supported and nurtured.” He stated that, “people are people. As long as you treat them with respect regardless of the race, religion, background. Show empathy. You try and understand their traumas and why they may react to you in the first instance, and you actually take the time to listen and show them that you are listening.” Concluding that, “the public do come around.”

I ASKED DC PASCAL whether, in his opinion, diversity and inclusion plays or should play a role in the police force. He said, “It plays a very important role,” and went on to say, “We need different perspectives. We need people from different walks of life because it is no point looking at things one-dimensionally because then it will only impact on a small portion of the community. So we need diverse voices.” I could not agree more.

FINALLY I asked DC Pascal, in the next 10 years, “What Shaun would I see? What would have happened over those 10 years or what would Shaun like to see?” He replied, amongst other things, “I’d like to say that we’ve made progress, tangible progress, and that we’re in a better place. We are not having the same conversation.” Hear, Hear! I cannot add to that! 👏🏾👏🏾👏🏾

SEE ALSO:

Barrister Ryan Clement meets Human Resources Manager Ruby Thomas

Barrister Ryan Clement meets Primary School Teacher Marietta Payne

WHISTLEBLOWING!

Ryan Clement, barrister

IN THIS BLOG I discuss Protected Disclosures aka ‘whistleblowing’ within the context of employment, which is what a whistleblower has to make in order to be protected from suffering a detriment or be dismissed because they ‘whistleblew.’

A PROTECTED DISCLOSURE is a qualifying disclosure that is made by a worker to, for example, their employer or a body that has legal responsibility for the employer or a person, working for the employer. Such as, for example, for schools, doctors and social workers, it would be Ofsted, the General Medical Council and Social Work England.

“Whistleblowing” in Employment by Ryan Clement

So, if you make a qualifying disclosure to someone outside of those bodies, as interesting as the disclosure might be to the recipient, it will not amount to a protected disclosure. Beware!

So, what is a qualifying disclosure? It is any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following—

(a) that a criminal offence has been committed, is being committed or is likely to be committed,

(b) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject,

(d) that the health or safety of any individual has been, is being or is likely to be endangered,

(e) that the environment has been, is being or is likely to be damaged, or

(f) that information tending to show any matter falling within any one of those I have mentioned has been, is being or is likely to be deliberately concealed.

NOTABLY, it is immaterial whether the relevant failure occurred. So, it is no defence to say that the alleged wrongdoing did not occur so the whistleblower was fairly dismissed. No, one would still be liable if the disclosure, which would have been in the public interest, was made in the reasonable belief of the worker making it. HOWEVER, a disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

TO SUM UP, Firstly, there must be a disclosure of information. Secondly, the disclosure must be a qualifying one. Thirdly, in order to be protected it must be made to the appropriate authority, such as, for example, one’s employer.