Interview: Matthew Flood, general counsel, Ingeus

Matthew Flood talks us through his work as a champion of diversity throughout his career, and his experiences of setting up the LGBT network at previous employer Balfour Beatty.

Ingeus principally provides employability, skills and training, youth and justice services for the governments, with its largest market being in the UK. People come to Ingeus because they have barriers to employment for all sorts of reasons, many of which are protected characteristics under the Equality Act. We also run probation services through our Community Rehabilitation Companies in the Midlands, and many of our service users are ex-offenders so, again, there’s quite a big diversity angle. We need to consider race, age, disability, LGBT issues, and all sorts of other factors when designing programmes for our clients.

We have an equality and diversity committee that meets two or three times a year. It does two things: it reviews our performance outcomes for diverse classes of service users under our contracts,, and it sets a diversity strategy for the wider organisation. I’m involved and lead that Committee because of my background in doing lots of diversity-related work at my former company, Balfour Beatty, and leading external LGBT networks.

We set ourselves targets related to parity of outcomes for groups of service users from different backgrounds. The government wants to see up-to-date policies and procedures about how we deal with diverse groups, so this year we’ve created a handbook for all of our frontline staff to help them understand barriers faced by people with protected characteristics under the Equality Act.. We also became a ‘B Corp’ last year [a for-profit business that has a social purpose], and so are assessed against a number of criteria, many of which touch on diversity.

The business case

An understanding of different diverse classes of people can only help in our service delivery. Overcoming barriers faced by clients can lead to better results, which leads to better results in our contracts, which means that we win more contracts. It’s blindingly obvious that an understanding of diversity is going to be a real benefit for us as an organisation. I also certainly believe that engaging with diversity and inclusiveness is one great way to improve staff engagement, if you do it in the right way. A diverse organisation, one that reflects our end users, is likely to make Ingeus a better place to work for everyone.

When I was at Balfour Beatty I spent a lot of time generating a business case for diversity, and we approached quantification of the benefits in two ways. The first was a ‘negative’ way of looking at it, which was focusing on the cost of getting it wrong. Every time you have a discrimination claim, you’re highly likely to lose several days of staff time, due to stress and grievance. There are legal costs, a lot of management time invested in investigating complaints, and so on. A lot of discrimination claims could have been avoided with some diversity training. Taking a negative lens and quantifying the cost was a way of justifying the training.

On the ‘positive’ side, there’s lots of work now being done by external organisations where you can look at how well companies with diverse boards are doing compared to those without. By and large, diverse companies tend to outperform others, so all that evidence is mounting up in terms of a business case for diversity.

When I was at BP, SABMiller and Balfour Beatty, they were all fairly masculine industries − oil and gas, beer, construction − and certainly the legal team in each of those organisations was pretty much the most diverse team. I’ve always found that when you have a diverse legal team, people from other parts of the business tend to want to come and talk to you, because it’s a bit different from the rest of their day job. And one of the biggest roles of in-house lawyers is to be the glue that connects various parts of the business together. In some organisations, people don’t talk to others in different departments, but at some point in time most departments have to come and talk to us. If you have a diverse team that people want to come and talk to, it can make that part of your job easier.

Obviously a lot of in-house counsel tend to get involved in ethics and compliance and we’re often required to uphold the Code of Conduct of the organisation, implement it, and investigate whether there are breaches of it. We’re often called upon to investigate things like discrimination and harassment, and therefore we need to be seen to be perfect at diversity really. It is not good enough to just be impartial, when you are investigating, you need to understand the root causes of issues and not bring your unconscious biases to bear in presuming any outcomes.

Being a role model

When you are at GC level you’re viewed as a very senior person in the organisation. I found that as soon as I started engaging with, and talking about, diversity, people listened because it was coming from me. And it didn’t matter that it wasn’t really purely legal subject matter. If you are from a diverse group (I’m LGBT), then the more senior you are, the longer your shadow is. You get to a certain point where it’s not acceptable to hide away: you need to be seen to be a role model.

When I created the LBGT network at Balfour Beatty, there was a man who saw the ad and came to the programme. He mentioned to me that he was interested in transgender issues, we had a separate meeting and by the second event he had come for the first time dressed as herself. By the third time we had a plan in place to go through her transition at work, and now she works as Christina and is fabulous. She took over the running of the network when I left. Balfour Beatty now has a fully engaged employee, who is very loyal to the organisation, and who is delivering so much more than just the day job she was delivering when she was Chris and not Christina.

You can add to your role modelling with mentoring role as well, identifying smart people within your networks who have some potential and then offering them development opportunities. I’ve spotted some really sharp talent as a result of that network that otherwise might have gone under the radar. There is also reverse mentoring. In terms of my leadership skills, it has made me more empathic, a better listener and it’s actually helped me do my legal day job as well.

Learning together

One of the critiques that often gets levied at you when you’re setting up a network is: ‘If we do this, everyone else will start complaining that they’re not getting all this support or this attention, so therefore we should do nothing’. I think that’s a cop-out approach. Actually, if you set up programmes where people see that they would be supported if they created such a network, then it inspires people to do more than just their day job − something really beneficial for the organisation.

I worked very closely with my head of HR at Balfour Beatty Services, who was running the women’s network. It was immensely helpful for both of us to have each other focusing on these two separate strands of diversity, but to then come together as part of a wider diversity committee. We talked about the concept of diversity and overarching programmes that we could put in place where your diverse characteristics are almost irrelevant: it’s more around measurements and the business case for diversity and things that apply right across all diverse characteristics. I learnt a hell of a lot about all sorts of diversity as a result of being engaged in my particular strand. Obviously there is gender, race, disability and age all intersecting with LGBT issues, and you need to understand about all those things to be fully effective.

I think it’s important in companies to have role models who look like you, but it works even better when you have allies who don’t look like you. The problem with diversity sometimes is that it makes people who don’t fit into that category feel uncomfortable. What’s being exposed is people’s unconscious biases. But when you’ve got someone up there who isn’t from that group saying ‘this is the right thing to do, and how awesome, look at all this amazing challenging stuff going on’, then it gives a bit of credence and support to the people who are trying to make the changes and be the role models.

One of the things I did when I left Balfour Beatty, is to help found a network called ‘Off Site’, which is a network for LGBT people in the infrastructure sector. We’ve had three meetings now and we have between 70-100 people show up, from SMEs up to bigger organisations. I’m a firm believer that it shouldn’t just be the big organisations that get the benefit of these events, but the only way that smaller organisations are going to get the benefit is if they join up across sectoral initiatives like Off Site. You can come in your own time, there’s none of that work pressure around it. Smaller companies can identify those networks and point employees in the right direction to get those connections, and they might bring back good ideas for the company.