Request ID: FOI-0578-2324 Date published: 21 June 2023
You asked
I would like to know the legal grounding on TFL’s advertised Stuart Ross Communications Internship which only accepts applicants from ethnic minority backgrounds.
It appears to me, that this breaches the Equality Act, namely, Schedule 9, Part 1 Equality Act 2010. Which provides a safe harbour (allowing discrimination) where it is BOTH an occupational requirement and meets a legitimate aim.
What is the occupational requirement which requires the applicant is from a minority background?
What is the basis of a blanket exclusion of white applicants?
We answered
Our Ref: FOI-0578-2324 Thank you for your request received on 25 May 2023 asking for information about the Stuart Ross Communications Internship. Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm that we do hold the information you require.
To clarify, the Stuart Ross Communications Internship does not operate under the provisions of Schedule 9, Part 1 of the Equality Act regarding an occupational requirement, which is referenced in your query.
Instead, the Stuart Ross Communications Internship operates under the positive action provisions of Part 11, Chapter 2 of the Equality Act 2010, which allow for an employer to take certain actions where people who share a protected characteristic, such as being of a certain ethnic minority, are under-represented in participating in a particular activity.
Specifically, under Section 158 of the Equality Act 2010, it is lawful for an organisation to take action which is a proportionate means of achieving the aim of enabling or encouraging those who share the protected characteristic to participate in the activity. The Government guide Positive action in the workplace - GOV.UK (www.gov.uk) sets out further detail on Section 158 (General) positive action at Sections 8-9. At Section 9.2 of the document, it is confirmed that suitable positive action under Section 158 may include:
• providing opportunities exclusively to the target group to learn more about particular types of work opportunities with the employer, for example internships or open days • providing training opportunities in work areas or sectors for the target group, for example work placements As a public sector body, TfL is required by Section 149 of the Equality Act 2010 to advance the public sector equality duty, by which we must not only take steps to eliminate discrimination, harassment and victimisation on grounds of protected characteristics, but must also seek to advance equality of opportunity between persons who share a relevant protected characteristic and those who do not share it (Section 149(1)).
To that end, the Civil Service and the House of Commons also run their own diversity internships - namely the Government Communications Service internship, the Summer Internship Programme, the Early Diversity Internship Programme and also the House of Commons BAME Internship. The Stuart Ross Communications Internship is justified as a positive action initiative under Section 158 of the Equality Act 20101 because Black, Asian, and Minority Ethnic communities are underrepresented within TfL’s communication functions and within the wider industry in comparison to the diversity of TfL as a whole and the diversity of London itself. According to the Public Relations Communications Association (PRCA) UK Census 2023, 88.2% of PR and communication professionals classify themselves as ‘White’, 4.2% ‘Mixed of multiple ethnic groups’, 2.3% ‘Black African, Caribbean’, 1.6% ‘Indian’, 1.6% ‘other ethnic group’, 0.7% ‘Bangladeshi’, 0.7% ‘Any other Asian’, 0.3% ‘Pakistani’, 0.3% ‘Chinese’, and 0.1% ‘Black British’. The All In Census for 2023, of more than 18,500 advertising and marketing professionals, found that 4% identified as ‘Black’, 8% as ‘Asian’ and 5% as ‘mixed race’. On the basis of this and other data from across the industry, TfL believes that the scheme is justified as a positive action initiative under Section 158 of the Equality Act 2010 because Black, Asian, and Minority Ethnic communities are under-represented within TfL’s communications functions and within the wider industry in comparison to the diversity of TfL as a whole and the diversity of London itself, where 46.2% of residents identified with Asian, black, ‘mixed’ or ‘other’ ethnic groups according to the 2021 Census. This was distinct from the 17% of residents who identified with white ethnic minorities. Two of the placements are based in the press office and three are in the External Relations/Communications and Customer function. The scheme is open to undergraduates or recent graduates of Black and Minority Ethnic backgrounds who are expected to receive, or who have already achieved, a 2:2 in any university degree, or non-graduates with no more than one year’s paid experience in the communications industry. It is not intended as a route into long-term employment with TfL. Instead, it is designed as a training opportunity for a fixed term of 11 months paid in line with the London Living Wage. The intention is to help equip people of Black, Asian, and Minority Ethnic backgrounds with the basic skills and experience they need to gain a start in the wider communications industry. Since the scheme began in 2006, many interns have gone on to have successful careers across the industry.
TfL routinely reviews the equality data in order to verify that the schemes continue to constitute lawful positive action. We consider whether there is continuing under-representation or not. If, as at present, the under-representation is continuing, we then consider the availability of other means of countering under-representation and whether the Stuart Ross Communications Internship continues to be a proportionate response.
In considering proportionality, we also take into account that while the Stuart Ross Communications Internship is restricted to those of Black, Asian and Minority Ethnic backgrounds, TfL also offers multiple work placement opportunities, internships, apprenticeships and graduate schemes which are open to applicants of all backgrounds. From September 2023, we will be running 34 apprenticeship schemes and 17 graduate schemes, giving more than 250 individuals the chance to benefit from starting their career at TfL. In addition to the Stuart Ross Communications Internship, we operate eight other internship schemes of between three and 12 months each year, providing places for approximately 20 individuals. We also offer various work experience schemes and specialist placements for disabled students under the Steps into Work scheme as detailed in our Everyone’s Future Counts publication. As such, the Stuart Ross Communications Internship represents a very small proportion of the training opportunities we offer overall. TfL is proud that we can contribute to furthering equality and diversity in the PR industry through the Stuart Ross Communications Internship. Our intention is to continue to offer the scheme for as long as is appropriate and in line with legislation. If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal. Yours sincerely Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
