• 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • Regulating the activities of Multinational Corporations in Nigeria: A Case for the African Union?

      Ekhator, Eghosa O.; University of Chester (Brill Academic Publishers, 2018)
      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.
    • 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.
    • 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)
      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
    • PUBLIC REGULATION OF THE OIL AND GAS INDUSTRY IN NIGERIA: AN EVALUATION

      Ekhator, Eghosa O.; University of Chester (Golden Gate University Faculty of Law, 2016)
      Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public regulatory framework in the oil and gas sector in Nigeria, the fundamental ills or malaise afflicting the industry will not abate.
    • Overcoming the (non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria

      Ako, Rhuks; Stewart, Ngozi; Ekhator, Eghosa O.; University of Hull; University of Benin; University of Chester (Springer, 2015-12-13)
      The legal framework regulating socio-economic rights in Nigeria is ambiguous. These rights, listed under Section II of the constitution titled Fundamental Objectives and Directive Principles, are non-justiciable by virtue of section 6(6)(c) of the constitution. However, Nigeria as a dualist state has adopted (ratified and domesticated) the African Charter on Human and People’s Rights (African Charter) in accordance with relevant constitutional provisions. Therefore, the provisions of the African Charter are (arguably) part and parcel of Nigeria’s laws, thus ‘justiciable’. This paper aims to critically examine the status of the socio-economic rights in Nigeria, specifically the right to a healthy environment. With extant literature arguing either for or against the existence of the right to a healthy environment in Nigeria this paper adopts a holistic approach by critically considering both sides of the argument. Premised on the doctrine of harmonious construction, the paper aims suggest a means to end the debate that currently the surrounds the existence and (non)justiciable nature of the ‘right’ to a healthy environment in Nigeria.