FOI reference - FOI-107
Original enquiry date - 18 April 2023
Internal review date - 20 June 2023
Internal review
Request
Thank you for clarifying the focus of your request for information in your recent letter. I have addressed the key points in your request for an internal review below.
- 'You say ''Duty to Provide Advice and Guidance ...We have delivered a number of tangible outcomes for disabled people''. Please clarify what these are and whether they deliver the reasonable adjustments required by disabled people.'
- 'This FOI request relates to TPRs role as regulator, not as employer. It does not actually matter whether disabled people are enabled to communicate with regulated firms and obtain services via sector rules or the Equality Act 2010. We wish to know what TPR tell regulated firms etc to do and how TPR make sure that it is done. As far as we are aware both regulated firms and TPR are subject to s 20 of the Equality Act 2010. In addition, TPR may be subject to s149 the Public Sector Equality Duty [PSED]'
'In relation to private and workplace pensions, we hear anecdotally of absent or difficult phone numbers, 'online only', accessible webforms/ websites which are not, even for the few with £800 supported screen readers and more. For example, TPR say 'If you need information on our online services in a different format like accessible PDF, large print, easy read, audio recording or braille contact us. We will acknowledge your request within five working days and respond to you within 20 working days''. Is this also what you require of regulated firms?'
'The above are becoming outdated and do not cover how disabled people communicate with firms. Firms are 'de-staffing' customer service and dictating to disabled people. Some disabled people are finding 'tech' aids which they can use [eg voice recognition for emails; expanding fonts] which firms do not accommodate. BSL should be spreading.'
Response
- A link to the section of TPR’s website which provides advice to pension schemes and employers about equality, diversity and inclusion (EDI) matters was provided in our original response to your request.
Our website’s EDI pages offer specific pages in which EDI advice is offered both to the governing bodies of pension schemes and to employers who offer workplace pensions.
These webpages offer examples of tangible outcomes that employers and governing bodies have provided for disabled people. Please see the case studies in our governing bodies EDI guidance titled: ‘reasonable adjustments’ and ‘MNT communication’ and in our EDI guidance to employers called: ‘Agreeing a time commitment’.
- A further page on TPR’s website, on which we have recently updated our guidance, offers advice to pension schemes regarding communicating with disabled people.
TPR is also engaging with trustees through our supervision teams to test how our guidance has supported trustees to implement change, identify any barriers and best practice.
Original enquiry
Request
“In 2019, Government committed Regulators, Inspectorates and Ombudsmen [collectively 'RIOs'] to do more to enforce the Equality Act 2010, albeit without new statutory duties and via the Public Sector Equality Duty [PSED] 'network'. This is a sample survey of 'RIOs'. The request: Please supply evidence of:
- What you understood was required?
- Who, if anyone, has told the bodies which you oversee what to do and how to do it, to comply with the Equality Act 2010? This includes via Ombudsmen or ADR providers etc acting for you.
- Tangible outcomes for disabled people? Specifically more and better 'reasonable adjustments' without having to take legal action.
- What relevant advice, if any, you received from advisory committees, consumer panels, the Equality and Human Rights Commission, possibly under a Memorandum of Understanding etc.
- Whether the culture in the bodies which you oversee is one of compliance with, or avoidance of the Equality Act 2010.
At some point in 2019, you should have received a request directly or via your 'parent' department from government [presumably the Cabinet Office]. So the key I suggest is what you did with what you received, if anything. If it did, anything could have happened from it being 'filed' unactioned to emails, formal minutes, a circular to staff and an action and monitoring plan. Obviously, my Qs 2 onwards depend on this.”
Response
Questions 1, 2, 3, 4 and 5
Following a search of our paper and electronic records, I have established that we do not hold the information you have requested.
Our role is to enforce the legislation surrounding work-based pension schemes in the UK. Our primary objectives include protecting member’s benefits of those schemes, promoting good administration, and improving understanding of work-based schemes. Therefore, we do not have statutory obligations to enforce the Equality Act 2010.
Duty to provide advice and guidance
While TPR do not enforce the Equality Act, we are committed to providing guidance and support on the Act to ensure compliance. TPR has an Equality, Diversity and Inclusion (EDI) Strategy 2021 to 2025 which sets out a clear vision for driving greater equality, diversity and inclusion both within our own organisation and within our regulated community. We have delivered a number of tangible outcomes for disabled people.
Within our organisation’s employment practices:
We are a Disability Confident Employer committed to recruiting, retaining, and developing disabled people. Through our recruitment process we offer an interview to and make reasonable adjustments for all candidates who declare that they have a disability and meet the essential criteria for the role.
We enable people with disabilities and long-term health conditions, including mental health conditions, to remain in employment by ensuring that our policies are fully inclusive and take account of reasonable adjustments.
We provide training and support to line managers and take advice from our occupational health advisers to ensure that people have the support they need. In addition, we provide colleagues with access to a confidential care employee assistance programme. We also support and champion internal activities and events focused on disability, positive mental health and wellbeing.
We have a Disability Network and they provide a source of support and information for their members; run events to raise awareness and improve inclusion for all staff; provide feedback issues raised by Network members; supporting organisational led consultation with Network members to help shape policy and procedures which support all of our staff and help us meet our goals on EDI around disability inclusion.
We are members of Purple Space, a professional development hub for disability network leaders. Through our communications approach, we seek to ensure that the guidance and support we provide through our regulatory communications programme is accessible and appropriate to all needs. Our published documents can be requested in other formats (for example Braille, large print or audio CD). Our online services are partially compliant with the Web Content Accessibility Guidelines version 2.1 AA standard. We continue work to improve online accessibility and this year we significant improved website accessibility on our Automatic Enrolment portal.
You may also wish to review our published guidance on the TPR website which explains how we define EDI and the benefits of more diverse and inclusive governing bodies to our regulated community.