header
Issue: 16 September 2009
 
'For those who have seen the Earth from space, and for the hundreds and perhaps thousands more who will, the experience most certainly changes your perspective. The things that we share in our world are far more valuable than those that divide us'.
 Donald Williams
 
Rivers, ponds, lakes and streams - they all have different names, but they all contain water. Just as religions do - they all contain truths.
Muhammad Ali
September Issue
Law of the Land
Interesting Case Law - Race Discrimination
Diversity Dilemmas - Colleague member of BNP?
About Blue Tulip Training
Events for September
Cultural Gaffes
Law of the Land - by Sneha Khilay
 
 The world really has become smaller; people travel extensively to what were once unbelievable or glamorous places.   Until recently, people didn't even know where Borneo was - now it's the 'in' honeymoon destination.   And early baby boomers, now retired, routinely go on cruises to Polynesian islands or jet off to South America to ascend Machu Picchu...
 
Similarly, technology has enabled an exponential increase in communications (and business) between countries.  Some Western corporations have set up satellite service departments in different countries (e.g. India and South Africa) to cut overheads as local workers earn less that their western counterparts.  And, of course, opportunities for women, standards of health and safety, security and working conditions can differ widely from those in the UK.
 
What about these differences between our standards and values and those of the countries we enter as guests whether on business or holiday?  Should we simply accept other countries' norms?   Or, by questioning differences, are we are imposing our (subjective or superficial) standards and expectations?
 
In some countries, organisations employ teenagers to make tea and coffee on demand for administration staff.  Is this cheap (or child) labour or is it an acknowledgement that these youngsters need the income to help make their families' ends meet?  My experiences in India, a culture based on hierarchy, is that although teenagers may be referred to as 'tea boys', they are 'sons' to managers and 'brothers' to admin staff - in my opinion emphasising a respect for who they are and the economic role they fulfil within their family. 
 
In the Far East, staff routinely bow when talking to a manager and managers' decisions are never questioned or double checked, however unlikely they may sound.  Such behaviour differs between countries - in Korea staff bow from the waist whereas in Japan there is seemingly endless head nodding.  In Hong Kong everything appears (deceptively) very western but staff wouldn't dream of double checking a decision from a manager, even to be helpful.

The flip side can be the apparently dismissive attitude displayed by local managers towards non-management staff.  Such behaviour can be perceived as bullying - but in some countries staff accept this as normal and managers are expected to behave like this to emphasise their authority.  How comfortable do westerners feel overseas when they exposed to this type of behaviour? What about when local colleagues refer to senior managers as Sir or Madam or bow to them - do they follow suit?

In other countries there can be gender issues - around the recruitment, pay, promotion and treatment of women generally.  There can also be restrictive work / dress codes for women overseas (that said, in the UK women wearing trousers at work was routinely proscribed twenty or thirty years ago).  Is this acceptable?  What about when it's multinational corporations whose names are internationally recognisable and who operate elsewhere where they apply significantly different standards?  Should they apply UK / US standards?

Many organisations working in the Middle East adopt different working days / hours in accordance with local custom.  And some expatriate staff enjoy the holidays and celebrations of both their home and host countries - for example in a US corporation operating overseas US expats would expect to observe Thanksgiving as well as major local festivals.  But how far should an organisation operating overseas follow the rituals / celebrations of the host country?  For instance, not conducting business or arranging business lunches during Ramadan when most people don't eat during daylight hours? 
 
So where does the 'Guest' stand in another country? There is no definitive answer - only more questions. Individuals will need to evaluate the situations and make decisions/ behave accordingly.At a basic level, at heart it is about managing risks. Failure to properly manage these risks may have adverse and unintended consequences

Next Month - Top Tips on Dealing with Cultural Diversity.
In the meantime, if you require support or input specific to dealing effectively with cultural differences, please do contact Snéha at Blue Tulip Training for a free consultation session. Snéha@bluetuliptraining.co.uk

Interesting Case Law - Race Discrimination - Amnesty International do not appoint Sudanese Woman for research post in Sudan.
Miss Bashair Ahmed, who is of northern Sudanese ethnic origin, was employed as a campaigner on issues relating to Sudan by Amnesty International. In 2007 she was considered for promotion to the position of researcher for Sudan. She was shortlisted for the post, but wasn't appointed.

Amnesty International had concerns about staff of a particular nationality or national or ethnic origin undertaking work in or related to their country of origin. One was that their impartiality or perceived impartiality might be prejudiced, with implications for their effectiveness and the organisation's reputation. The other was that it had concerns about safety risks if she travelled to Sudan or Eastern Chad. Ahmed resigned and claimed constructive dismissal and direct and indirect race discrimination.

Decision
Amnesty International denied discrimination and contended that any such discrimination would not be unlawful because if Ahmed had been appointed and had to travel to Sudan or Eastern Chad, the risks to her safety would have meant that it was in breach of its duty under section 2(1) of the Health and Safety at Work Act 1974.

The employment tribunal upheld the race discrimination and constructive dismissal claims. Amnesty International appealed to the Employment Appeal Tribunal (EAT). It held that the basic question in a direct discrimination case is, what are the grounds for the treatment complained of? A benign motive for the treatment is irrelevant. The only question for the tribunal was whether Amnesty's decision not to appoint Ahmed as Sudan researcher was on the ground of her ethnic origins. Once it found that this was the case, Amnesty's motive - ie, its concerns about conflict of interest - was irrelevant.
 
Implications
This case confirms that it is irrelevant whether an employer acts with good intentions where an employee is subjected to a detriment on the grounds of one of the protected characteristics of race, sex, age, sexual orientation, disability or religion, or belief.

The EAT recognised that this may place employers in a very difficult position where the national or ethnic origin of an employee makes it very difficult for them to work effectively in a particular country. Similar issues might arise in relation to women working in certain roles in countries where women's activities are restricted.
However, the case also makes it clear that an act of discrimination will not always be sufficient to entitle an employee to resign and claim constructive dismissal. In many - if not most - cases, an employer that discriminates will also act in breach of the implied duty of trust and confidence, but this will not always be the case.
Source: Personnel Today


Diversity Dilemmas - Colleague a member of BNP?
 
J works as a manager for a large reputable Children's charity that prides itself on its high standards of promoting equality. J at a  pub on a social visit noticed her colleague P (senior manager) actively participating in a BNP meeting.
 
 J and P have worked well together for a number of years. J has a high regard for him and acknowledged that P is well respected within the organisation. P takes proactive measures on the equality agenda.
 
J has become more suspicious as entering P's office unannounced (on two occasions) P would cover his paper work. J at the time thought he was working on confidential child care case but now wonders whether he was conducting BNP work from work and whether he was in fact hiding BNP literature.
 
 J is not sure what action she should take:  to challenge Peter directly of his (possible) involvement with the BNP or to discuss this further with her Director - also P's manager.
 
J is feeling rather bewildered, had she been wrong about P after all these years of working with him?
 
Responses:
 
1. Police and Prison Services have a ban on BNP membership, stating it is their duty under the Race Relations Amendment Act - it would damage race relations and reduce confidence from the minority ethnic communities.
 
In contrast, MOD (Ministry of Defence)  although find the views of BNP as abhorrent, states that individuals are allowed to join political parties as long as they uphold MOD values and standards 
 
The General Teaching Council for England, which registers all state school teachers, is clear that BNP membership was no obstacle to registration. There is no policy that states that people within the teaching profession cannot be members of the BNP.
 
2. Common sense would suggest that all professional staff would leave their politics at the door, and only a lack of professionalism should warrant a dismissal.
 
3. Most of us abhor the BNP's politics and the way it seeks to foment distrust and suspicion within communities that are already riven with racial tensions.
 
But its arguments, in a liberal democracy, need to be confronted head on, not suppressed.
 
More importantly, its members should not be hounded out of their jobs for holding a point of view and belonging to a legally-constituted party that is allowed to contest elections.
 
4. From J's perspective, she has two options, she can either 'confront' P directly about his alleged BNP membership and based on his response, can then take further action accordingly. Alternatively she could share her concerns to her manager, in confidence and explore further what the organisation's remit is on BNP membership. Either way, J is duty bound to expose P's involvement with the BNP.
 
5. There is some conflicting messages regarding P's involvement with the BNP - on the one hand, he is actively involved in promoting Equality Agenda into practice and yet is participating in BNP meetings. Has J got her wires crossed, maybe she thought it was a BNP meeting rather than a debate on racism. J would need to deal with the situation rather sensitively - to confront a reasonable person of their involvement in BNP activities (in a work context) is going to jeopardise future relationships. P may be horrified,  offended and distressed by these claims made against him and may even take out a formal complaint against J.
 
6. J would need to read the policies and guidelines to fully understand whether it is 'acceptable and appropriate' for a BNP member to be employed by a Charity that works with Children.
 
7. Would this organisation provide a service to parents who are BNP members? If so what message does it give about the organisation's ethos and values - that it is acceptable to deal with racists? Equally if P is a member of BNP, what would his behaviour be towards Black and Minority Ethnic families requiring a service?
 
Various Sources
About Blue Tulip Training

Its diversity focus has developed into four strands:

 Training - Equality and Diversity, Managing Diversity, Bullying and Harassment

Consultancy - Research based or specific development focus E.g. Conducting diversity audits

Independent, impartial and independent Investigations into allegations of bullying and harassment

Coaching - For staff from a Black or Minority Ethnic background or for managers who wish to implement diversity, good practice and effective working practice.

Our sponsors



Blue Tulip Training is affiliated with Asian Women Enterprise - A networking solution, bringing Asian Women together to share, inspire and motivate

www.asianwomenenterprise.com

Events for September 
 
 
 
Tuesday 1 September
Parkash (First reading) Sikh
 
Aadh Granth Sahib - The Aadh Granth (Original Scripture) was installed at Harmandar Sahib (Golden Temple) Amritsar in Punjab and the first reading ceremony was on 1st September 1604.


Tuesday 8 September
Birth of the Blessed Virgin Mary (Christian)
Roman Catholics celebrate the birth of Virgin Mary 
Friday September 11
Day of Remembrance (USA)
The effects of the attacks on the World Trade Centre and the Pentagon in 2001 impacted Americans and other nations world wide, brought us to focus on the devastation terrorism has caused worldwide.
 
Ethiopian New Year (Rastafarian)
 
Rastafarians believe Ethiopia is their spiritual homeland and a place to which they want to return

Saturday 19  September

Navratri(Hindu) 
Means nine nights, starting on the new moon. It is dedicated to the goddess Durga who had nine incarnations to symbolise the triumph of good over evil.
 
Rosh Hashanah - New Year (Jewish)
 
This day celebrates the creation of the world and lasts for 2 days. L'shanah tovah is the traditional greeting for a good new year.  Marks the anniversary of the creation of the world. It begins at sundown the night before and ends 10 days later with Yom Kippur. Celebrated with prayers and religious services
 
Sunday 20  September  
Eid-ul-Fitr - End of Ramadan (Muslim) 
This is a celebration that marks the end of the month of fasting. The early part of this day is spent offering prayers, people wear their best or new clothes and then they have a celebratory meal at home with friends and relatives. Children are given presents or money and adults give money to the needy or poor


 
Monday 21 September
International Day of Peace
This was established by a United Nations resolution in 1981. The aim of this is to devote a specific time for the UN and people of the world to promote the ideals of peace and demonstrate their commitment to peace.
Monday 28 September
Vijay Dashami (Dasera) - Hindu
 
This Hindu festival marks the triumph of good over evil. The festival of Dasera concludes the festival of Navaratri, which extends over a number of days.
 
Yom Kippur (Day of Atonement) - Jewish 
 
This holiest day of the Jewish year is observed with strict fasting and repentance. Many Jews will refrain from work and attend synagogue services. It is a day set aside to atone for the sins of the past year.
Cultural Gaffes

One company printed the "OK" finger sign on each page of its catalogue. In many parts of Latin America that is considered an obscene gesture. Six months of work were lost because they had to reprint all the catalogues.  

Leona Helmsley should have done her homework before she approved a promotion that compared her Helmsley Palace Hotel in New York as comparable to the Taj Mahal--a mausoleum in India.