31 March 2006
A leading local authority has been told it cannot advertise employment training courses for deprived ethnic minority groups at Jobcentre Plus offices following a dispute over the Race Relations Act.
The management team behind a Liverpool City Council project to improve skills among its local black and ethnic minority population this week appealed to the Department for Work and Pensions, Jobcentre Plus and the Commission for Racial Equality to review their legal advice.
It claims the advice is hindering officials from filling training programmes that could raise local employment in its ethnic minority communities.
Liverpool has been advised that its interpretation of the RRA could be illegal. But the authority, which has taken extensive advice on the issue, disagrees and has continued to offer the training courses at the centre of the dispute, which has reignited debate over the clarity of the Act.
The council, which scored highly in the 2005 Comprehensive Performance Assessment, has also called on local Jobcentre Plus offices to explain why they have refused to advertise a similar training scheme for disabled people. Jobcentre Plus officials are concerned that could breach other laws.
The dispute centres on Liverpool's desire to improve its employment rates among disabled people and those from ethnic minorities – of whom 32% are unemployed.
The council's diversity unit has created around 300 training places under two initiatives – 'Liverpool Links', aimed at ethnic minority groups, and 'Open Access' for disabled people. These provide access to personal development programmes, communications courses, employment coaches and work experience.
But Liverpool Links is a cause for concern at the CRE. A spokeswoman for the diversity watchdog this week told Public Finance that 'in response to a query from a Liverpool Jobcentre Plus [office] regarding an advertisement for a positive action training scheme, we advised that the advertisement was likely to breach the RRA. We advised them to seek independent legal advice before publishing the advertisement.'
The DWP said that an initial assessment concluded that 'for Jobcentre Plus to advertise [Liverpool Links]… would risk liability under section 29 of the RRA.'
The council continues to advertise the training programmes through other employment agencies, but only 40% have been filled. All parties are awaiting further advice from DWP minister Margaret Hodge, who has intervened amid fears that other councils face similar problems.
Were Liverpool to offer people who are disabled or from ethnic minorities direct access to jobs at the expense of other applicants, the move would be illegal. But training courses represent a grey area.
Tina Short, head of diversity and social inclusion at the council, said: 'We can understand the position that Jobcentre Plus finds itself in and we want to work through this problem with them. This highlights the difficulties that local authorities face in interpreting the RRA.
'But we are adamant we have got this right – and the ultimate aim is to improve the local skills base and representation of all groups.'
PFmar2006
