• 73 percent reported an increase in personal confidence • 64 percent reported increased confidence in their jobs • 54 percent felt that participation had helped them develop professionally.339 The McGregor-Smith review also recommended that employers ensure all elements of reward and recognition, from appraisals to bonuses, reflect the racial diversity of the organisation.340 For instance, Ernst and Young (EY) uses a data-driven approach to get clear insight into the diversity of its workforce. This enables EY to implement robust performance appraisal and promotion policies that seek to advance employees on a representative basis according to the diversity composition of each job level.341 This is reflected in managerial promotions at EY. With 20 percent from BME backgrounds at a manager level, EY expects one in five promotions from manager to senior manager to be from ethnic minorities.342 The process works on a comply or explain basis. Business units that fail to comply with this are required to give feedback to its HR teams on why eligible candidates were unsuccessful. This feedback is then used to understand why the target is not being achieved and supports business leaders to put in place actions that will improve the likelihood of success. 7.1.3 Workplace culture Organisational environment is one of the most cited barriers to career progression for many people of colour. The CIPD report found that the most cited barrier to career success was organisational culture and style. In particular, the women surveyed in the study identified the presence of exclusive masculine cultures that pressured them to compromise who they were as BME women, the absence of role models, the challenge of connecting into established networks and the lack of acceptance, support or nurturing.343 Creating more-inclusive workplaces and improving diversity across an organisation would give people of colour the confidence in having access to the same opportunities as their peers and help them to feel comfortable to speak up if they find themselves subject to direct or indirect discrimination or bias. One recommendation from the literature to address this would be to establish inclusive networks. The McGregor-Smith review recommended that all staff at all levels of an organisation undertake mandatory unconscious bias training to address lingering behaviours and attitudes that act as a barrier to a more-inclusive workplace.344 The unconscious bias training is only one element in a wider inclusion programme of work, as noted in the RBS exampled discussed above in 7.1.1. 7.2 Legal framework for non-discrimination in employment 7.2.1 Legal framework for unlawful discrimination While the Equal Pay Act 1972 only prohibits unlawful workplace discrimination on the basis of sex, the Employment Relations Act 2000 also prohibits discrimination based on race or ethnic and national origins.345 Section 104(1) of the Act provides that discrimination occurs when, by reason directly or indirectly of any of the prohibited grounds of discrimination, an employer does one or more of the following: (a) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of 339 CIPD, Addressing the Barriers. 340 McGregor-Smith, Race in the Workplace. 341 McGregor-Smith, Race in the Workplace. 342 McGregor-Smith, Race in the Workplace. 343 CIPD, Addressing the Barriers. 344 McGregor-Smith, Race in the Workplace. 345 Employment Relations Act 2000, s 105(1). This section utilises the prohibited grounds of discrimination outlined in s 21(1) of the Human Rights Act 1993. The prohibited grounds of discrimination include sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status or sexual orientation. Pacific Pay Gap Inquiry Literature Review 49