Request ID: FOI-1109-2324 Date published: 08 August 2023
You asked
Precisely how does determining eligibility for an opportunity based on ethnic background further the cause of diversity?'
How does an advertisement that excludes one or more ethnic groups from an
application process promote inclusion?
Evidence of the disadvantage, particular need or disproportionately low levels of participation, and an analysis of the causes.
Details of the specific outcomes which aiming to achieve (i.e. what percentage of "Black, Asian and minority ethnic background, defined as having some African, Afro Caribbean, Asian or other non-white heritage" will be sufficient to hit the level of representation target you are seeking to achieve?)
At what stage will you review the progress of the measures to ensure it remains proportionate?
Finally, he has asked me to draw your attention to the Education Committee's report 'The forgotten: how White working-class pupils have been let down, and how to change it':
https://publications.parliament.uk/pa/cm5802/cmselect/cmeduc/85/851 O.htm# idText Anchor036
In the interests of social inclusion, he would like to ask what are doing to ensure this disadvantaged and underrepresented group is afforded opportunities within your organisation.
We answered
Our Ref: FOI-1109-2324
Thank you for your request received on 11 July 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. You asked:
Precisely how does determining eligibility for an opportunity based on ethnic background further the cause of diversity?
The specific opportunity is offered pursuant to the general positive action provisions at Section 158 Equality Act 2010. As the Government’s own guidance states: “Positive action allows additional help to be provided for groups of people who share a ‘protected characteristic’ (for example, race, sex, or sexual orientation) in order to level the playing field. You can take proportionate action that aims to reduce disadvantage, meet different needs and increase participation’. The Stuart Ross Communications Internship provides additional help to persons of African, Afro-Caribbean, Asian or other non-white heritage who are underrepresented in the communications, marketing and public relations industries to gain essential skills and work experience. (See Section 1 of ‘Positive Action in the Workplace’, Government Guidance, 17 April 2023 at https://www.gov.uk/government/publications/positive-action-in-the-workplace-guidance-for-employers/positive-action-in-the-workplace#general-positive-action).
How does an advertisement that excludes one or more ethnic groups from an application process promote inclusion?
The opportunity in question is an internship. The Government Guidance on positive action states the steps which may be taken to overcome or minimise disadvantage and increase participation based on a protected characteristic such as race 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” and “providing training opportunities in work areas or sectors for the target group, for example work placements”. (See Section 9 of the above referenced Government Guidance.)
What efforts have been taken to ensure these actions comply with the requirements of the Equality Act 2010 to avoid unlawful discrimination?
TfL routinely reviews the equality data in order to verify that the scheme continues to be lawful. We periodically consider if there is continuing underrepresentation in the communications, marketing and public relations industries. If, as at present, African, Afro-Caribbean, Asian or other non-white heritage people are significantly under-represented in the communications, marketing and public relations industries, then we consider the availability of other means of countering under-representation and its effectiveness and whether the Stuart Ross Communications Internships continue to be a proportionate response. In the course of periodically reviewing the legal justification for the Scheme we access expert HR and legal advice.
What substantiates the claim that sections of the population are underrepresented in the communications, marketing and public relations industry?
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’, 0.1% ‘Black British’.
The All In Census conducted in 2023, which is the UK’s only industry-wide survey of 16,000 advertising and marketing professionals in 2021 and more than 18,500 in 2023, found that 4% identified as ‘Black’, 8% as ‘Asian’ and 5% as ‘mixed race’. The 2020 Marketing Week’s Career and Salary Survey also revealed an entrenched lack diversity within the wider marketing industry. It reported 88% of respondents identify as ‘White’, only 5% identifying as ‘Asian’, 4% as ‘Mixed race’ and 2% as ‘Black’.
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.
At what stage will you review the progress of the measures to ensure they remain proportionate?
As stated above, TfL routinely reviews the equality data to verify the scheme remains lawful and to consider whether it is still appropriate. Our Communications Team, along with our Skills and Development Team and legal counsel, regularly review the scope of the Scheme and consider whether the criteria should be changed in any way.
Please refer to the Education Committee’s report ‘The forgotten: how White Working Class people have been let down, and how to change it’. In the interests of social inclusion what is TfL doing to ensure this disadvantaged and underrepresented group is afforded opportunities within your organisation?
I confirm that TfL is familiar with the report and its findings, including the need to create routes for those from disadvantaged backgrounds into employment as laid out in our Everyone’s Future Counts publication. TfL is mindful of the report’s observation at paragraph 36 that “Level 2 apprenticeships are a vital stepping-stone for disadvantaged learners”. TfL and London Underground Limited both offer Level 2 and Level 3 Apprenticeships to which anyone aged 18 years of age and over can apply if they meet minimum requirements which are reviewed annually in line with the Apprenticeship Standards. In the case of TfL we offer an 18 month apprenticeship as ‘Recruitment Resourcer’ Level 2 Apprenticeship, and a 2 year Data Technician Level 3 Apprenticeship to which no minimum qualifications are required to apply, and in London Transport Museum a Level 3 Learning Apprentice where the same applies. In the case of London Underground Limited we offer a number of Level 2 Apprenticeships to which anyone 18 years of age or above with a minimum of 2 GCSEs Grade A* - C or Grade 4 and above including Maths and English language can apply.
These are just a few examples of 35 Apprenticeship Schemes and 26 Graduate Schemes which TfL will be running from September 2023 giving a total of 252 people the opportunity to start their career with TfL. TfL also offers in the region of 8 other internship schemes creating 30 opportunities each year of between 3 and 12 months, along with various employability programmes for those with barriers to work and specialist placements for neurodivergent students under Steps into Work Scheme. In addition TfL has a comprehensive education to work portfolio of programmes including mentoring and work insights which is targeted at those with the greatest need, such as those on free school meals. As such the Stuart Ross Communications Internship represents a very small proportion of the training opportunities TfL offers overall. 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
