• Exploring positive action as a tool to address under-representation in apprenticeships

      Davies, Chantal; University of Chester (Equality and Human Rights Commission, 2019-03-04)
      Apprenticeships are an important route into work, offering paid employment, on-the- job training and a qualification. The UK, Scottish and Welsh governments have all set targets to increase the number of apprenticeships and recognised the need to increase the diversity of those starting, participating in and completing apprenticeships. With the drive towards increasing diversity within apprenticeships, there is a need for employers, governments and policy makers to consider the tools that are available to address long-standing under-representation. This report seeks to evaluate the use of positive action to address under-representation of female apprentices in gender- segregated sectors, and disabled people and ethnic minorities in apprenticeships more broadly.
    • Traditional Oath-Taking as an Anti-Corruption Strategy in Nigeria

      Ekhator, Eghosa O.; University of Chester (Independent Corrupt Practices and Other Related Offences Commission (ICPC) Nigeria, 2019)
      The concept of corruption is culture-bound. In the UK, it is unusual and criminal for public officers to accept gifts. However, corruption is seen to be part of the culture of many developing (especially Asian and African) countries. In Nigeria, corruption is seen to be a negative part of the administrative or bureaucratic culture and a way of life. This paper will argue that because of the institutional failures of the Nigerian state in the area of corruption, recourse to the ‘traditional’ oath-taking akin to the variant used in customary arbitration cases amongst many communities (in Nigeria) to corruption cases might be a useful strategy to help fight the scourge of corruption. Furthermore, this chapter suggests that the Nigerian government should extend the jurisdiction of customary courts (via constitutional amendment) to try corruption cases arising from the anti-corruption statutes enacted since the return of democracy in 1999. This will reduce the pressure on the superior courts of records in the country.
    • Protection and Promotion of Women’s Rights in Nigeria: Constraints and Prospects

      Ekhator, Eghosa O.; University of Chester (Eleven International Publishing, Netherlands., 2019)
      Women in Nigeria face many challenges and discriminatory practices under some extant laws and customs. The Nigerian society is inherently patriarchal. This is due to the influence of the various religions and customs in many parts of Nigeria. Women are seen as the ‘weaker sex’ and discriminatory practices by the state and society (especially by men) are condoned. This chapter highlights some of the recent reforms that have impacted positively on the promotion and protection of women’s rights in Nigeria. These reforms include the appointment of female Justices to the Supreme Court and the enactment of laws such as the Violence against Persons (Prohibition) Act 2015 amongst others. This paper contends that notwithstanding the development of these reforms and laws, women in Nigeria still face many state sanctioned discriminatory practices. The methodology adopted in this study is of a qualitative nature that consists of library based texts analysis.
    • The Criminalisation of Irregular Migrants

      Mitsilegas, Valsamis; Holiday, Yewa; Queen Mary University of London; University of Chester (Routledge, 2018-07-03)
      The criminalisation of irregular migrants – in relation to irregular entry, residence, and work – is considered against the 1975 and 1990 ILO Migrant Workers Conventions (MWC); the International Covenant on Civil and Political Rights 1966 (ICCPR); the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR); the UN Sustainable Development Goals (SDG); and the Convention against Transnational Organized Crime 2000, including its Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (‘the Trafficking Protocol’) and against the Smuggling of Migrants by Land, Sea and Air (‘the Smuggling Protocol’). The creation of laws, which are generally applied only to foreigners – concerning irregular entry, residence, and work – increases costs and exposure to adverse labour conditions and social vulnerabilities, and also impedes access to justice. The possibilities of criminal conviction, resulting in fines, imprisonment and expulsion contribute to a precarious class of low-skilled migrant. The chapter argues that the criminalisation of migration exacerbates the migrant premium because it decreases income while increasing dependency on employers, smugglers and traffickers and complicates access to human rights protection. The chapter suggests that one of the policy propositions for the Global Compact should be an understanding of how the emphasis internationally, regionally and nationally on smuggling and trafficking and border control has resulted in the criminalisation of irregular migrants – both potential and actual - for the ways in which they enter, leave, reside and work in a country; and that migrants need to be able to manage their working needs in a flexible manner.
    • Gan's Journey from Thailand

      Holiday, Yewa; Gan; University of Chester (Routledge, 2018-07-03)
      Gan’s situation is assessed in relation to the 1975 and 1990 ILO Migrant Workers Conventions (MWC). Article 12(g) of the 1975 MWC provides for equal treatment in working conditions for migrants. Article 25(a) of the 1990 MWC provides for equality of treatment in relation to health and article 28 requires access to medical care and safety in working conditions. Gan provides a personal insight into his experience as an international labour migrant in Saudi Arabia and the UK. Gan had a work accident on a construction site which eventually prevented him from working and thus stopped him from sending remittances to his family. Gan’s migrant premium is represented by the burden of ill health, the cost of a private operation in Thailand and its inability to correct his longstanding pain, the initial ignorance of UK doctors of the severity of his health needs, total loss of income and savings and reducing remittances to his family in Thailand. The chapter takes the form of an interview with Gan who generously shares his experiences of his migrant premium. Gan does all he can to fight against his migrant premium by trying to find a way to work despite the pain. However, the migrant premium prevents him from working, something which was – and continues to be - a strong part of his identity. The chapter suggests that one of the policy propositions for the Global Compact should be an understanding of the long term consequences and impact of discriminatory working conditions for the health of international labour migrants.
    • Equality at work? positive action in gender segregated apprenticeships

      Davies, Chantal; University of chester (Young Women's Trust, 2018-06)
      This research explores the attitudes towards and the use of positive action aimed at addressing gender inequality in apprenticeships offered in sectors in which women are underrepresented in England. This research has been conducted as a means of following up recommendations made in research undertaken by the Young Women’s Trust (YWT) in 2016. The YWT report recommended that where it can be shown that the number of women undertaking apprenticeships in any given sector is disproportionately low employers should consider whether they can take positive action to increase the participation of women. It was therefore considered that in the context of apprenticeships, the overwhelming gender disparity in certain sectors and in particular the attitudes towards and use of positive action in resolving this gender disparity required further exploration. The engineering, ICT and construction sectors have therefore been chosen by the researcher and the YWT due to the stark underrepresentation of women in these sectors in England. This research concludes with appropriate specific recommendations on positive action in relation to gender segregated apprenticeships in England within the particular sectors explored. However, it is hoped that these may provide a foundation for the development of wider recommendations in relation to the effective use of positive action initiatives more generally across the protected characteristics and beyond apprenticeships in the UK.
    • Equality at work? positive action in gender segregated apprenticeships (summary report)

      Davies, Chantal; University of Chester (Young Women's Trust, 2018-06)
      Some of Britain’s crucial industries are struggling to recruit the staff they need. As part of the Government’s commitment to meeting this skills gap, a target was set in 2015 of three million new apprenticeship starts by 2020. However, it is questionable whether the Government will meet this target or its wider aspiration to make apprenticeships more accessible. Despite this skills gap, women continue to be significantly under-represented in many parts of the economy – with little progress having been made in recent years. While there are more female than male apprentices, women remain locked out of sectors with significant skills gaps and which offer good pay and good prospects. The percentage of female engineering apprentices actually declined from 4.6% in 2002 to 3.1% in 2015.1 In construction there are just three female to every 98 male apprentices; and in Information Technology (IT) 35 females to 186 males. Addressing this chronic under-representation will give women more opportunities to enter areas of work with better quality apprenticeships, prospects and pay2 than where they are currently working – such as in the retail or caring sectors. Given this background and building on our key 2016 report, Making Apprenticeships Work for Young Women, YWT commissioned Professor Chantal Davies of the University of Chester to carry out research into the use of Positive Action (PA), with a special focus on its use in apprenticeships within engineering, construction and IT.3 The research consisted of: • A survey of over 4,000 young people aged 18-30 carried out by Populus Data Solutions; • A survey of 800 HR decision-makers carried out by YouGov to understand attitudes towards use of Positive Action in apprenticeships; • Series of focus groups and semi structured interviews with sector bodies, apprentices and science, technology, engineering and mathematics (STEM) representatives.4 • Data triangulation with literature and data from a roundtable discussion in March 2018 hosted by the Equality and Human Rights Commission (EHRC roundtable) looking at the use of Positive Action in relation to under- representation on the grounds of disability, race and gender in apprenticeships across England, Scotland and Wales. Through this research we found that there is very significant confusion about Positive Action and whether and how it can be used – despite the fact that the majority of employers were committed to measures to bring about gender equality. While not a panacea or suf cient in isolation, our research suggests Positive Action is being chronically under-utilised, which in turn is acting as a barrier to addressing the under-representation of women in key sectors within apprenticeships and beyond.
    • Regulating the activities of Multinational Corporations in Nigeria: A Case for the African Union?

      Ekhator, Eghosa O.; University of Chester (Brill Academic Publishers, 2018-03-05)
      Due to the ineffectiveness of the extant regulatory framework (not limited to home country, host country and international law) governing the activities of multinational corporations (MNCs), new regulatory paradigms have been advocated by scholars. Arguably, the African Union (AU) (and its mechanisms) can be the basis of MNC regulation in Africa. However, regulation of the activities of MNCs operating in Africa appears not to be among the major or pressing priorities of the African Union (AU) and its institutions. There is no normative and institutional framework at the AU level regulating the activities of MNCs in Africa. There are, however, moves to design measures to redress this anomaly. This article will focus on the development of recent strategies by the AU and its institutions to “regulate” the activities of MNCs in Africa and its implications in Nigeria.
    • Regulation of Multinational Corporations in the Oil and Gas Industry in Nigeria: Civil Society as Behaviour Modification Agents

      Ekhator, Eghosa O.; University of Chester (University of Benin, 2018)
      This article focuses on the roles of Civil Society Organisations (CSOs) in the regulation of oil Multinational Corporations (MNCs) in Nigeria. Arguably, the void created in the oil and gas sector in Nigeria by the non-performance of government regulatory bodies and the non-implementation of existing legal enactments is gradually being filled by CSOs. CSOs in Nigeria have proved by their antecedents that they have major roles to play. Thus, CSOs have engaged in information gathering, standard setting and behavior modification activities. However, this paper focuses on behavior modification activities of CSOs in the oil and gas industry in Nigeria. This article contends that the regulatory activities of CSOs in Nigeria have led to a somewhat ‘decentred regulatory approach’ in the oil and gas industry in Nigeria. In decentred regulation, the state is one of many actors in the regulatory regime or process. Thus, the interactions inherent in decentred regulation are said to strengthen the regulatory process. Arguably, CSOs in Nigeria have engaged in the regulatory process in the oil and gas industry, thereby impacting positively on the regulatory paradigm. The interactions of the CSOS in the oil and gas industry are at the core of this paper.
    • Law students with Dyslexia and their experience of academic assessment

      Newton, Jethro; Davies, Chantel; Healey, Ruth L.; Morrow, John W. (University of Chester, 2017-10)
      The research explores the experience that students with Dyslexia, on law degrees, have of academic assessment, and the environmental factors that influence their experience and perceptions. The research is situated in one HEI (the Research Institution), which has a student population of 18,800, of which 634 had declared a Specific Learning Difficulty (SpLD) (including Dyslexia) during the academic year 2014/15. Previous research has shown that students with Dyslexia are disadvantaged by traditional forms of academic assessment. Whilst little research has been carried out on Dyslexia and law degrees, the predominance of traditional approaches to assessment is commonly believed to disadvantage students with Dyslexia. This potential disadvantage is explored within the Research Institution (RI). In light of their obligation under the Equality Act 2010 to take reasonable steps to alleviate such disadvantages, specific consideration is given to the RI’s response to potential disadvantages faced by such students. In order to facilitate this objective a multiple-methods approach has been utilised for gathering data. Data has been collected through questionnaires, focus groups and interviews, with law students with and without Dyslexia, with lecturers inside and outside the law school, and with student support staff and other professionals. The range of data was then analysed, utilising an inductive approach. Five main themes emerged, and were explored using a social model of Dyslexia and from an emancipatory perspective. The themes are: 1) diagnosis and categorisation of Dyslexia; 2) the students’ experience of academic assessment; 3) the students’ experience of adjustments to academic assessment; 4) the impact of the law school environment on the experience of students with Dyslexia, and 5) the effect of the wider institutional environment and institutional policy and practice on the experiences and perceptions of how students with Dyslexia, and how they are responded to. The data collected pointed to the fact that students with Dyslexia struggled with traditional academic assessment, to a more significant degree than students without Dyslexia. While reasonable adjustments were provided by the institution to help students with Dyslexia overcome such difficulties, and whilst these were helpful to some extent, their overall effectiveness was shown to be limited. The main reasons for the student experiences that emerged from the research were related to the fact that, due to their Dyslexia, the forms of assessment used by their department presented a direct difficulty for students. Traditional forms of assessment utilised on law degrees are therefore considered to be a ‘disabling barrier’, as they inhibit students with Dyslexia from fully demonstrating their academic ability. The thesis then presents pointers to how law degree providers can respond to this issue. It is argued that this can be achieved by adjusting assessment methods in a way that removes, or at least reduces, the ‘disabling barriers’ faced by law students with Dyslexia. The research suggests that this is made possible by utilising a broader range of assessment methods beyond those traditionally utilised in law degrees. It also details how the individualistic nature of Dyslexia means that the most effective means of improving inclusivity for all students is to provide them with elements of choice as to the form of assessment adopted. The research concludes with proposals for alleviating the disadvantage experienced by law students with Dyslexia in respect of their experience of the academic assessment process and academic assessment outcomes. It is argued that to enhance the quality of their learning opportunities, and in order to be inclusive, academic assessment policy and practice should be informed by/premised upon a social interpretation of Dyslexia.
    • Hacking through the Gordian Knot: can facilitating operational mentoring untangle the gender research productivity puzzle in higher education?

      Davies, Chantal; Healey, Ruth L.; University of Chester (Taylor & Francis, 2017-05-30)
      In spite of a number of drivers for change in the pursuit of gender equality in higher education in the UK and beyond, the gender gap in research activity is still widely recognised across most subject disciplines. Over recent years, mentoring strategies have often been seen as the Alexandrian sword capable of cutting the gender deficit ‘Gordian Knot’. However, analysis of current practice and dialogue points to a lack of a consistent approach in addressing and implementing HE policy in this area with many initiatives providing standardised non-evidence-based provision aimed at addressing an alleged confidence deficit and exhausting an already fatigued group of successful senior women. This paper seeks to triangulate existing literature with an analysis of data collected from a funded UK-based research project ultimately proposing a five-step institutional mentoring approach aimed at providing some inroads into alleviating the gender deficit in research productivity in the academy.
    • The Church of England’s Influence on the Divorce Reform Act 1969

      Kay, Roger; Bolton, Mike; Sinclair, Rosemary M. (University of Chester, 2017-02)
      This study traces the Church of England’s influence on the development of the Divorce Reform Act 1969 from 1964, with the setting up of the Archbishop of Canterbury’s group to examine divorce law, to the end of the 1970s, by which time the special procedure was used in all undefended divorces. The first chapter analyses the Archbishop’s Group itself, its formation, membership, deliberations and conclusions, contained in its report, Putting Asunder: A Divorce Law for Contemporary Society. The second chapter examines the negotiations which took place between the Group and the Law Commission, from which emerged a document known as The Consensus. The third chapter demonstrates how The Consensus evolved, first into a draft bill, and subsequently into the Divorce Reform Act 1969, as a result of its passage through Parliament. The final chapter examines the statutory interpretation of the Act by the courts to assess how much of the recommendations of the Putting Asunder remained ten years after the law was implemented. The methodology used is that of a legal historian and thereby the work differs in emphasis from studies done on this legislation by theologians, historians and sociologists. It focuses primarily on a detailed analysis of the change in the law during that period, as influenced by the Church of England. Thus, it closely examines the workings of law reform groups, negotiations and drafting of the Bill, the Bill’s passage through Parliament, and statutory interpretation of the Act in the courts. It builds on the work of others, particularly that of Professor Stephen Cretney, an eminent academic lawyer who analysed the part the Archbishop Group’s Report played in the process of divorce reform. This work develops this theme but appraises that role of the Church of England more comprehensively. It uses some of the historical and legal materials used by others, but also some material not previously used such as the Dunstan Papers, the papers of D. R. Dunstan, a member of the Archbishop’s groups and biographical materials of other members of the Group and their own writings. This gives a more detailed understanding of why the Church of England contributed in the way it did. The thesis concludes that whilst the Church of England appeared a powerful influence on the Divorce Reform Act 1969, its influence was constrained by its agreement with the Law Commission. It did contribute to the Divorce Reform Bill becoming an Act, but was not able to safeguard the conditions on which its support for the new concept of law, irretrievable breakdown of marriage, was based.
    • Gendered Perspectives of Research Activity Symposium Report 2016

      Davies, Chantal; Healey, Ruth L.; Manfredi, Simonetta; Vickers, Lucy; University of Chester; Oxford Brookes University (University of Chester, 2016-10-20)
      On the 15th-16th June 2016, The Forum for Research into Equality and Diversity (University of Chester), in partnership with the Centre for Diversity Policy Research and Practice (Oxford Brookes University), hosted the Gendered perspectives of research activity Symposium at the University of Chester, Chester, UK. The Symposium brought 30 representatives and researchers from across Higher Education in the UK, Europe and beyond together with sector bodies and policy drivers in order to workshop the gendered barriers and obstacles to research activity in Higher Education. This report provides a summary of the discussions and findings, as well as the key ideas, themes, questions, challenges and conclusions that came out of the two-day discussion. A further goal of the report is to seek to articulate the participants’ deliberations and considerations in order to contribute to the development of an effective strategy in the UK and beyond seeking to break down gendered barriers in relation to research activity.
    • Protection of the Environment and the International Salvage Convention 1989: An Assessment

      Ekhator, Eghosa O.; University of Chester (St. Mary's University School of Law, Ethiopia, 2016-09-30)
      This article focuses on the International Salvage Convention and the protection of the environment in salvage operations. The article traces the evolution and history of the law of Salvage to its present status by using the UK as a case study. In essence, the article seeks to ascertain the extent of current international regime on salvage in protecting the environment. The question that this article poses is: Does the International Salvage Convention 1989 accord enough protection to the environment against the backdrop of global efforts to promote environmental protection and sustainable development? The article begins with a brief synopsis of the underlying principles of salvage including the rule of ‘no cure-no pay’ followed by an appraisal of the events that culminated arguably in the development of the International Salvage Convention 1989 to safeguard the environment in the course of salvage operations. A systematic analysis of the defects inherent in the International Salvage Convention 1989 vis-à-vis protection of the environment are analysed and a number of reforms are highlighted.
    • Directors' statutory general duties

      Steel, Wendy; University Of Chester (Westlaw, 2016-07-05)
      An article providing a detailed overview of the statutory duties owed by director to their company according to Companies Act 2006
    • Bridging the gap: an exploration of the use and impact of positive action in the UK

      Davies, Chantal; Robison, Muriel; University of Chester (Sage, 2016-06-27)
      Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organisations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Whilst there is a body of work considering the theoretical importance of positive action in the UK, there is a lack of empirical exploration of the practical implications of these provisions. This paper will provide a brief overview of the theoretical context and current positive action legislative provisions within the UK. In light of this context, the early findings of a small-scale qualitative study carried out by the authors will be discussed looking at the experiences of a purposive sample of public and private employers in relation to the positive action provisions of the Equality Act 2010. Early research findings suggest that whilst there was a clear willingness and openness by employers to use of outreach measures in order to redress disadvantage, there was evident wariness regarding a move towards preferential treatment as expounded by section 159. Whilst respondents appeared to appreciate the business case for and utility of the positive action measures under section 158, there was far less enthusiasm for more direct preferential treatment, with many respondents raising serious concerns regarding this. These concerns often reflected a highly sensitive risk-based approach towards any action that could expose their organisation to the possibility of “reverse discrimination”.
    • The Equality Act 2010: Five years on

      Davies, Chantal; Ferreira, Nuno; Morris, Debra; Morris, Anne; University of Chester; Sussex University; University of Liverpool (SAGE, 2016-06-22)
      Editorial for a double edition of the International Journal of Discrimination and the Law based on a conference hosted by the University of Chester in collaboration with the University of Liverpool on the Equality Act 2010.
    • Gendered experiences of academic staff in relation to research activity and the REF2014

      Davies, Chantal; Healey, Ruth L.; Cliffe, Anthony D.; University of Chester (2016-06)
      This report is based on research commissioned by the institutional Research and Knowledge Transfer Office between June 2015 and June 2016. This research has focused on generating qualitative and quantitative data as to the potential reasons why there appears to be a gender disparity in research productivity within the commissioning institution. In particular, the number of women self-selecting for representation in the REF2014 was comparatively low. This research was led by Dr Chantal Davies (as part of her broader remit in relation to the Forum for Research into Equality and Diversity) with Dr Ruth Healey as co-researcher and Anthony Cliffe as research assistant. A Steering Group made up of representatives from across the institution oversaw the process.
    • Company Incorporation

      Steel, Wendy; University of Chester (Insight Westlaw, 2016-01-13)
      An overview of company law as it applies to incorporation of the company and the importance of separate corporate personality & the maintenance of the corporate veil.
    • Crossing the rubicon: an exploration of the use of positive action provisions in Higher Education Institutions in the UK

      Davies, Chantal; Robison, Muriel; University of Chester (2016-01)
      Crossing the rubicon: an exploration of the use of positive action provisions in Higher Education Institutions in the UK