Single Equality Scheme and Action Plan

Transcription

1 Single Equality Scheme and Action Plan To create the right conditions for our staff to put our patients needs at the heart of everything we do

2 Contents Page Chapter Contents Page 1. Introduction to the Scheme What is an Equality Scheme? Why we have an Equality and Diversity Scheme? Human Rights What is the Trust required to do? Building on Past Achievement 9 2. Trust Approach to Equality and Diversity Our Mission and Values Aims and Objectives Responsibilities for Managing and Delivering the Equality Scheme E&D Steering Group E&D Structure The Role of the Board The Role of Employees Workforce and Monitoring Training Recruitment and Retention Positive about Disabled People Equal Pay Statement Assessment and Information Gathering Assessment of Services and Policies Equality Impact Assessments Information Gathering Procurement Equality Priorities & Actions How we will put this Equality Scheme into Practice How we will meet our Statutory Duties and the Care Quality Commission s 19 Core Standards 7.3 Action Plan Monitoring Performance on Equality How we will Monitor Performance on the Single Equality Scheme National and Regional Monitoring Publishing Results Community Engagement and Consultation The Disability Discrimination Act 2005 Requirement to Involve Trust Approach to Consultation and Involvement How People have been Involved in the Development of this Scheme Feedback from Involvement Ensuring Public Access to Information and Services Complaints Patients / Relatives / Carers Employees Contacts Summary of Key Priorities - Single Equality Scheme Contacting Us Glossary 37 Version 0.9: October 2010 Page 2 of 78

3 Additional Information Appendices: Appendix 1 Appendix 2 Appendix 3 Appendix 4 Equality Legislation and Guidance NHS Equality and Diversity Framework The UK Human Rights Act 15 Basic Rights Meeting our Statutory Duties Action Plan Appendix 5 Single Equality Scheme Action Plan Appendix 6 Appendix 7 Appendix 8 Care Quality Commission Core Standards Profile of Wrightington, Wigan and Leigh NHS Foundation Trust Our Local Population Version 0.9: October 2010 Page 3 of 78

4 FOREWARD Welcome to Wrightington, Wigan and Leigh NHS Foundation Trust s Single Equality Scheme. We are committed to actively recognising and promoting equality of opportunity. This scheme follows in the footsteps of our previous Equality Schemes and demonstrates our continued commitment to Equality and Diversity. The Scheme sets out our commitment to ensuring Equality and Human Rights underpin everything we do, whether that be employing staff, providing services, developing policies and procedures, consulting or involving others in our work. This Trust is fully committed to eliminating all forms of discrimination and promoting equality. We strive to ensure that discrimination is eradicated from all functions of the Trust, either as an employer or as a healthcare provider. We believe that the Equality and Diversity Agenda is a vital, integral part of working that underpins all aspects of our vision and values. It will be through the effective implementation of this agenda, that the Trust will achieve its vision and values. We are committed to ensuring that the Trust supports a fully inclusive culture, where the needs of individuals are recognised, assessed and respected. The Trust Board fully endorses its legal duty to actively promote equality of opportunity. We recognise that all our staff are, key in achieving this commitment. It is the responsibility of everyone in our organisation to ensure the actions of our Equality Scheme are delivered. This scheme sets out to tackle inequality and challenge discrimination and we look forward to achieving these goals with the help of our staff and our service users. Chief Executive & Chairman Version 0.9: October 2010 Page 4 of 78

5 1. Introduction The core commitment of the NHS is to provide fair, accessible services for all. Wrightington, Wigan and Leigh NHS Foundation Trust are committed to actively recognising and promoting equality and diversity within the community. We believe that people who use our services, their carers and our staff should be treated with respect and dignity. We are committed to challenging discrimination in all its forms and ensuring that equality lies at the heart of everything we do. We want to be a fair and unbiased organisation, one where everyone accepts difference between individuals and values the benefits that diversity brings. 1.1 What is an Equality Scheme? An Equality Scheme is a plan, outlining how an organisation intends to meet the duties placed on it by equality and human rights legislation. It is a living document that will be developed and revised in line with changes in legislation, progressions made and as priorities change. Our Equality Scheme sets out how we intend to implement equality at the heart of the organisation in everything we do and identify new and improved ways of working to ensure that the Trust is more efficient and effective in meeting the diverse needs of our workforce and service users. As a public authority, the Trust has a legal requirement to promote equality and set out how we plan to meet the general and specific duties specified in the Public Sector Equality Duty. An Equality Scheme brings together, and is supported and underpinned by existing legislation, guidance and policies. To see a summary of all key Equality Legislation and Guidance, please refer to Appendix 1. This Single Equality Scheme outlines how we intend to meet the legislation duties and how we will ensure equality is built into the Trust s day to day business. This scheme: Provides an overview of how we currently manage the equality agenda. Outlines how we intend to improve our performance in equality and diversity over the next 3 years. Identifies key priority areas; what further action needs to be taken; and how this will be monitored and reviewed. 1.2 Why we have a Single Equality and Diversity Scheme? The Key Drivers in Developing our Equality Scheme were: Identifying clear priorities for the organisations on equality and diversity. Developing a consistent framework that addresses all diversity strands. Preventing duplication and encouraging thinking across all Equality Strands. Providing an opportunity to address multiple-discrimination. Promoting partnership working with internal and external stakeholders. Maximising resources (time and money) for example, consulting across all strands together. Version 0.9: October 2010 Page 5 of 78

6 On 1 st October 2010, the Government introduced the Equality Act. This Act brings together, harmonises and extends current equality law. It replaces the existing antidiscrimination laws with a single act. It simplifies the law, removing inconsistencies and making it easier for people to understand and comply with it. The Equality Act 2010 consolidates existing legislation on sex, race, disability, sexual orientation, religion or belief and age and brings together over 116 separate pieces of legislation into on Single Act. It strengthens the law to tackle discrimination and inequality. The 9 main pieces of legislation that have merged under the Act are: The Equal Pay Act 1970 The Sex Discrimination Act 1975 The Race Relations Act 1976 The Disability Discrimination Act 1976 The Equality (Religion or Belief) Regulations 2003 The Equality (Sexual Orientation) Regulations 2003 The Equality (Age) Regulations 2006 The Equality Act 2006, Part 2 The Equality Act (Sexual Orientation) Regulations 2007 The Equality Act has brought in the concept of equality protected characteristics (these are the grounds upon which discrimination is unlawful). It is therefore unlawful to discriminate against anyone on the following characteristics: Age Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Religion or Belief Sex Sexual Orientation Please refer to The Glossary for definitions on protected characteristics. Prior to October 2010, all public authorities were required by law to develop an Equality Scheme in relation to race, disability and gender. In demonstrating our commitment to equality, we took the decision not to develop three separate Equality Schemes, but instead one Single Equality Scheme which protects people from discrimination on the basis of 7 protected characteristics, including race, disability and gender. Our approach therefore extended beyond current legislation and anticipated the forthcoming Single Equality Duty. Our Equality Scheme supports and is aligned to a range of Key National and Local strategies, policies and plans. Some of these include: The NHS Plan The NHS Constitution NHS Performance Assessment Framework Working Together The Vital Connection National Service Frameworks Version 0.9: October 2010 Page 6 of 78

7 Improving Working Lives Positively Diverse Agenda for Change Knowledge and Skills Framework Clinical Governance Care Quality Commission Standards for Better Health Looking Beyond Labels Valuing People Now 3 year Strategy for people with learning disabilities (2009/2012) Welfare to Work New Deal Local Delivery Plans Building on the Best: Choice, Responsiveness and Equity in the NHS Race Equality Action Plan Department of Health (DoH) February 2004 Performance Management of Disability, Gender and Race Equality Schemes - Department of Health (DoH) A summary of the above can be reviewed in Appendix 2. In line with the new Equality Act, this is the third revision of our Single Equality Scheme and sets out our strategic aims in relation to equality and our approach in delivering these objectives through detailed action plans. Our scheme clearly demonstrates the Trust s commitment to putting equality and diversity at the centre of all our work. It will take us beyond legal compliance and ensure that our local population is receiving the best possible access to health services, regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Our Scheme will also take into account human rights and carer rights. The Trust recognises that inequality is rarely experienced in isolation and the purpose of the Scheme is to look at all issues of Equality as a complete picture rather than individual areas in isolation. The Scheme therefore focuses on protecting people from discrimination on the basis of the following 10 Protected Characteristics : Figure Protected Characteristics AGE Young Old DISABILITY Physical Impairment Hearing Impairment Visual Impairment Mental Impairment GENDER REASSIGNMENT Tran sexual People Transgender People EQUALITY LEGISLATION (Protecting people from discrimination on the basis of protected characteristics) RACE Nationality National origin Ethnic origin Race Colour RELIGION / BELIEF Religion Belief No Religion No Belief SEX / GENDER Men Women MARRIAGE & CIVIL PARTNERSHIP Married People Civil Partnership SEXUAL ORIENTATION Heterosexual Homosexual (Gay / Lesbian) Bisexual PREGNANCY & MATERNITY Pregnant Women Women on Maternity Leave CARERS Parents of all children aged 16 or under. Carers of adults. Version 0.9: October 2010 Page 7 of 78

8 The Single Equality Scheme will identify new and improved ways of working to ensure that the Trust is more efficient and effective in meeting diverse needs of its staff and service users. This Scheme sets out how we recognise the differences between people and how it aims to ensure that, as far as is possible, any gaps and inequalities are identified and addressed. 1.3 Human Rights Human Rights are rights and freedoms that belong to all individuals regardless of their nationality and citizenship. They are fundamentally important in maintaining a fair and civilised society. Being a public organisation, the Human Rights Act has the following implications for the Trust: It makes it unlawful for the trust to act in a way that breaches a person(s) or group(s) human rights. Anyone who feels that a public authority has breached their rights can raise this before an appropriate UK court or tribunal. Consideration of human rights is an important factor in the production of this scheme. An appreciation of how the principles of human rights apply to equality is vital to achieving the aims and objectives outlined in this scheme. Every employee in the NHS has a crucial role to play in creating an environment where human rights are respected in their organisation. By valuing the principles of human rights, in relation to our service users and staff, we will show our commitment to achieving quality outcomes, in order to improve patient experience and raise staff awareness, that the job they undertake is valued. To view the 15 Basic Rights contained within the UK Human Rights Act and details of who to contact for further information, see Appendix What is the Trust required to do? All Trusts have a statutory duty to promote equality with due regard to the need to: Eliminate unlawful discrimination, harassment, victimisation; Advance equality of opportunity between those covered by the Equality Act and those not covered, e.g. between disabled and non-disabled people; Foster good relations between these groups. Public Sector Equality Duties give public bodies legal responsibilities to demonstrate that they are taking action to promote equality in relation to: Policy Making The delivery services Public sector employment. The Equality Act has strengthened and extended the types of discrimination for organisations to be aware of in order to eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Act. Version 0.9: October 2010 Page 8 of 78

9 Types of Discrimination What is unlawful: Direct discrimination - This occurs when someone is treated less favourably than another person because of a protective characteristic they have or are thought to have or because they associate with someone who has a protected characteristic. Indirect discrimination - This can occur when you have a condition, rule, policy or practice the trust that applies to everyone but particularly disadvantages people who share a protected characteristic. It can be justified if it can be shown that you acted reasonably. Associative discrimination - This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. Perceptive discrimination - This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if they person does not actually possess the characteristic. Victimisation - This occurs when an employee is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act; or because they are suspected of doing so. Section 6: Meeting our Legal Duties Harassment - Is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. Harassment applies to all characteristics except for pregnancy, maternity, marriage and civil partnership. Employees will now be able to complain of behaviour that they find offensive even if it is not directed at them, and the complainant need not possess the relevant characteristic themselves. Third party harassment - Applies to sex, age, disability, gender reassignment, race, religion or belief and sexual orientation. This makes the trust potentially liable for harassment of your employees by third parties who are not employees of the trust, such as patients. The trust will only be liable when harassment has occurred on at least two previous occasions, was aware this had taken place and not taken reasonable steps to prevent this from happening. The Scheme therefore protects from each type of discrimination and acknowledges and complies with the Trusts duties under equality legislation. This Scheme has been written based on the principles of the Equality Act and will work towards full implementation of its content prior to its national implementation, going beyond its current legislative duties. 1.5 Building on Past Achievement Our past Equality Schemes and Action Plans have already made a number of achievements, some of these include: The provision of a Cultural Beliefs Handbook and Religious Calendar for all wards and departments. The provision of multi-faith theatre gowns. In October 2008, we purchased a supply of multi-faith theatre gowns for patients who prefer to use these as an alternative to the standard theatre gowns. The Trust recognises and respects patient s cultural needs, and enables patients to preserve their modesty for religious reasons. Improvements in data collection. Information is now collected on the ethnic origin of all patients and staff. This data is now collected when patients attend an out-patient appointment, attend Accident and Emergency and are an in-patient at the hospital. Version 0.9: October 2010 Page 9 of 78

10 The provision of several Equality and Diversity Training Programmes are now available to staff, including an Equality and Diversity Session at Trust Induction for all new staff and an E-Compulsory Equality and Diversity Training Module on a 3 yearly basis for all staff. For more information about staff training please see Section 4.2. Successful re-accreditation of Positive about Disability. Access and facilities audits have been undertaken on all Trust Sites by our Estates Department. Remedial work to improve access has been undertaken as necessary. 2. Trust Approach to Equality and Diversity 2.1 Our Mission and Values Trust Mission: The Trust shall seek To create the right conditions for our staff to put our patients needs at the heart of everything we do To provide the best care for patients is our reason for existing as an organisation. We must strive to attract and support the best staff. Service Mission: Our service is driven by wishing to deliver the best services to patients, as set out and measured by the NHS Plan, but to do so in a way that fits the local situation in Wigan, Leigh and surrounding areas. Our service vision is to deliver high quality: Emergency Care Care for Serious Disease (Cancer, Diabetes etc.) Planned Care for Surgery Diagnostic Services Wrightington, Wigan and Leigh NHS Foundation Trust aims to be a leading organisation for promoting equality and diversity in the North West. We believe that any modern organisation has to reflect all the communities and people we serve, in both service delivery and employment, and tackle all forms of discrimination. We will remove inequality and ensure there are no barriers to health and wellbeing. In carrying out our functions, all Trust staff need to: eliminate unlawful discrimination, harassment, victimisation; advance equality of opportunity between those covered by the Equality Act and those not covered, e.g. between disabled and non-disabled people; foster good relations between these groups. Trust Values: We recognise that people from all sections of society can experience prejudice, discrimination or disadvantage for different reasons and at different times in their life. We understand that as individuals we are all very diverse and as such our experiences and needs are very different. We believe that people who use our services, their carers and our staff should be treated with respect and dignity and that no-one should be treated less favourably than others on the grounds of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation and carer responsibilities. Version 0.9: October 2010 Page 10 of 78

11 The promotion of equality and addressing discrimination are essential in the process of recognising human diversity. The following values are therefore central to the Trust:- Reducing inequalities and embedding diversity in what they do, ensuring this impacts positively upon all patients and employees. Treating patients and staff as individuals and respecting their values and differences. Delivering high quality care, provided by dedicated staff, within a framework of equality and diversity. Ensuring services are available to all patients in a way that reflects individual need and circumstances, thus improving health outcomes for patients. Establishing and maintaining partnerships with key stakeholders, including the local community, in order to ensure our work is influenced by those who need local secondary care health services. The NHS Plan sets out a vision that places equality, fair treatment and social inclusion at its heart. 2.2 Aims and Objectives Aims: Through this Single Equality Scheme, we aim to: Meet all legislative and policy drivers incumbent upon the Trust and to ensure that equality and fairness are embedded in all areas of service delivery, employment, planning and decision making. Become a leading organisation for the promotion of equality and diversity, for challenging discrimination, and for promoting equality in service delivery and employment. Ensure that the promotion of equality and diversity becomes a mainstream activity and is visible in the Trust s core business and day-to-day activities. Eliminate bias from services and policies that may have any negative impact in providing equality for all. Build and maintain a positive and productive relationship with all sections of the communities for which we provide services, especially those currently under represented in any area of our activities including employment, use of services and through involvement with patients and public. Provide a caring environment in which each patients individuality, preferences and dignity are respected. Where we fail to meet individual needs, we ensure their views are heard and where possible provide solutions to the problem. Ensure equal access to services and, through effective review, provide an improved more appropriate service for its diverse patients. Create an organisation, which recognises the contribution of all staff, and which is supportive, fair and free from discrimination. To provide a framework to ensure that current and potential employees are treated fairly, with respect and dignity. Where we fail to meet staff needs, we will listen to their views and where possible try to rectify the problem immediately. Employ, develop and retain a workforce at all levels, which were possible, reflects the diverse profile of the communities we serve. Version 0.9: October 2010 Page 11 of 78

12 Raise staff awareness and understanding of equality and diversity issues. Address any policies and practices which may be discriminatory. Use our purchasing power and resources, wherever possible, to promote equality and redress discrimination, inequality and social exclusion. Objectives: We will ensure that our obligations involving the general and specific duties of Equality Legislation are met by: Promoting diversity in all of our functions and services. Assessing existing services and policies. Screening all new services and policies to ensure that they promote all forms of equality. Developing policies and services which promote fairness and equality for everyone. Consulting service users, carers and staff about the Scheme and Action Plan. Monitoring our services and policies for any negative impact on the promotion of equality with regard to: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation and carer status. Publishing the results of assessments, consultation and monitoring. Monitoring our employment practices for any adverse impact on the promotion of equality with regard to: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation and carer status. Ensuring public access to information and services we provide. Training staff in connection with the general and specific duties of all Equality Legislation. Agreeing equality and diversity priority related policies and services. Monitoring and evaluating the Single Equality Scheme, Action Plan and related policies, on a regular basis. 3. Responsibilities for Managing and Delivering the Equality Scheme 3.1 Equality and Diversity Steering Group We are committed to ensuring that this Single Equality Scheme is not seen as a separate strategy, but is clearly linked with existing policies and business plans, so that it can successfully act as a lever for change and service improvement. In order to ensure that this Equality Scheme is embedded into the Trust s day-to-day business, and that the activities and actions are owned by the relevant Directorates and Directors, the Trust has an Equality and Diversity Steering Group which is responsible for driving forward progress and providing guidance. The Trust s Equality and Diversity Steering Group was established in 2002 to develop and advance the Trust s approach to equality and diversity. The Steering Group is chaired by an Executive Director and attended by other Executive Directors. Regular reports are submitted to the Trust Board. Version 0.9: October 2010 Page 12 of 78

13 The Equality and Diversity Steering Group meets every four months to provide guidance and monitor the implementation of the Single Equality Scheme and Action Plan as well as Equality Impact Assessment progress. The focus of the meetings alternates between employment and service. focused meetings are chaired by the Director of Human Resources and service focused meetings are chaired by the (who took on the role from the Director of, from April 2010). Members of staff are invited to attend the Steering Group to raise concerns, or put forward suggestions for improvement. Each Division has a direct representative to feedback progress, changes and future developments. 3.2 Equality and Diversity Structure The Equality and Diversity Steering Group is supported by the Trust s Equality and Diversity Service and Human Resource Project s, and the Divisional Equality and Diversity Champions Sub Group, which is made up of staff across the Trust, who have been nominated to drive forward Equality and Diversity within their areas of work. The following flow chart summarises the Trust s Equality and Diversity Structure:- Figure Wrightington, Wigan and Leigh NHS Foundation Trust E&D Structure Trust Board Audit *Human Resources Committee *Any Equality and Diversity issues are fed back to the Governance & Risk Committee via the Human Resources Committee E&D Steering Group E&D Service E&D HR Divisional E&D Champions Sub-Group Surgery Medicine Musculoskeletal Clinical Support Estates & Facilities Corporate 3.3 The Role of the Board Equality and Diversity is part of the core business of the NHS and is therefore central to the governing functions of the Trust Board. Trust Board members therefore have a particular responsibility for taking forward and achieving the vision and objectives outlined in this Equality Scheme. 3.4 The Role of Employees All employees, at all levels, are responsible for the successful implementation of the Single Equality Scheme: all members of staff have a key role to play. The Trust embraces the principles of all equality legislation and expects all its members of staff to conduct themselves accordingly. Key responsibilities will vary between staff. The following table summarises who is accountable for developing this Single Equality Scheme: Version 0.9: October 2010 Page 13 of 78

14 Table Roles and Responsibilities: Chief Executive ROLE Executive Directors RESPONSIBILITY Has ultimate responsibility for overseeing the Single Equality Scheme, in conjunction with the Executive Management Team. Is accountable to the Trust Board for the development, monitoring and review of the Single Equality Scheme, in accordance with legislation, and for providing leadership in the development of equality and diversity. The Director of Human Resources and the are the Equality s and responsible for the co-ordination of the Scheme and are responsible for chairing the Equality and Diversity Steering Group Meetings. All Executive Directors are responsible for: Ensuring the Equality Scheme is implemented within their Directorate. That actions within the Equality Scheme are built into relevant and appropriate strategies and plans. Equality Impact Assessments are undertaken in accordance with the Trust s Equality and Diversity Framework. There are appropriate monitoring systems in place to gather data needed for implementation of the Scheme. That resources necessary to support the delivery of this work are allocated appropriately. Trust Governors All Managers Equality and Diversity Champions (nominated staff) Two Trust Governors have been nominated to act as champions for equality issues. They both attend the Equality and Diversity Steering Group Meetings. Under the direction of the Equality and Diversity Steering Group, all managers will be responsible for promoting and supporting the mainstreaming of equality and diversity throughout the Trust. All managers must ensure that they understand how the services they manage can contribute to the promotion of equality of opportunity; that services are delivered in ways which meet the diverse needs of local people and that equality is built into the Trust s processes. Each Division has designated Equality and Diversity Champions (nominated by their Divisional Managers). Are responsible for supporting Divisional Managers on the delivery of Equality Impact Assessments in accordance with Divisional Service Action Plan and contributing to the development of action plans and recommendations. Are responsible for championing Equality and Diversity throughout the Division and assisting in the communication of Equality and Diversity issues. Version 0.9: October 2010 Page 14 of 78

15 ROLE RESPONSIBILITY All Staff Are responsible for promoting and implementing all aspects of Equality and Diversity, raising awareness of barriers to equality in service provision and employment, working towards eliminating these barriers and undertaking their duties in accordance with Trust Policy. Providing a service to colleagues and service users that is not only fair and inclusive, but also respects individual preferences. Participating in measures designed to remove inequalities, including training. 4. Workforce and We value the importance of having a diverse workforce and have undertaken a comparison of our workforce with the local population of the Wigan Borough and this highlighted the following information: Ethnicity: Our workforce is representative of our local community (Wigan Borough), in almost all Black and Minority Ethnic groups. The two areas of under-representation are White & Black Caribbean and White and Asian employees within the Trust s workforce, as compared to Wigan Borough. Gender: Our workforce is over representative of females (81.6%) compared with 50.9% in the Wigan Borough. This is reflective of the female dominated professions that are currently within the Trust s workforce. Disability: 1.93% of our workforce declared themselves as disabled and the Wigan Borough statistics are 22.3%. However, it should be noted that a proportion of these will have a limiting long term illness that would prevent them from working in any capacity. Additionally it should be noted that staff may only be declaring illnesses and conditions that are widely known as `social disability` and not illnesses that fit the legal definition of disability. Therefore, the composition of the workforce that is disabled may be higher. Age: In comparison to the Wigan Borough, our workforce is reflective of age ranges with the exception of the age brackets of and years of age where we are under represented. However, it should be noted that the under representation in the age bracket will be due in part to the age that employees achieve professional registration i.e. 21 for many of the qualified staff groups within the Trust. We are also committed to the development of Apprentices and have agreed to take on 34 over the next 12 months in various specialisms across the Trust e.g. Estates and Facilities and Nursing: this will increase the number of employees in the age bracket. 4.1 Monitoring Equality monitoring is undertaken at both the pre-employment stage and during employment and this information is reported within the end of year equality monitoring report. The report details monitoring against the key equality areas of gender, age, disability and ethnicity against the following categories: Version 0.9: October 2010 Page 15 of 78

16 Recruitment (applied, short listed & appointed) Comparison of staff in post against the Wigan Borough population Promotions Starters Leavers Training attended Employee Relations The Equality Monitoring Report is used to highlight trends and to identify any potential areas of concern so that appropriate action can be taken. The report is published on an annual basis and it is included on the Trust Internet site. Within 2009, we commenced data collection on sexual orientation and religion and belief and all staff have been given the option to disclose this information for monitoring purposes. This information will be included within the 2010 end of year equality monitoring report. 4.2 Training The Trusts Equality and Diversity Service and s work closely with the Training and Development Department to ensure that appropriate training on Equality and Diversity is provided to staff. We currently have several Equality and Diversity training programmes available to staff: Equality and Diversity session on the Trust Induction (delivered to all new staff). Equality and Diversity compulsory e-learning training that all staff must undertake on a 3 yearly basis. Equality and Diversity training has been delivered to Trust Executive Board members. Equality and Diversity training has been provided to Divisional Equality and Diversity Champions. Equality and Diversity awareness sessions are available for managers that are required to undertake Impact Assessments. The training is included in the Equality and Diversity Action Plan, which is monitored by the Equality and Diversity Steering Group. All staff have Equality and Diversity as an indicator in their Knowledge and Skills Framework post outline and this is reviewed on a yearly basis as part of the annual performance & development review. 4.3 Recruitment & Retention We are committed to developing and supporting a diverse workforce and ensures that its recruitment processes are fair and transparent. We have a Recruitment and Selection Policy which is a comprehensive guide to recruiting managers on recruitment and selection best practice. This is supported with a rolling programme of Recruitment and Selection training which includes a section on Equality and Diversity. We utilise the standard NHS Jobs application form, which ensures that recruiting managers are not provided with any personal information relating to the candidates. This supports the practice that short listing decisions are based on the qualifications, skills and experience that have been demonstrated on the application form and are not influenced by other equality information, such as age, gender and ethnicity. We are committed to ensuring that any `reasonable adjustments` are made to the recruitment and selection process based on candidate s individual circumstances, such as disability, language barriers or other equality issues that may arise. Version 0.9: October 2010 Page 16 of 78

17 4.4 Positive about Disabled People The Trust is a `two ticks` employer, which means that we are positive about disabled people and guarantees an interview to disabled applicants who meet the essential criteria for a post. All vacancies are posted on NHS Jobs Website and our standard advert includes a section that highlights if a disabled applicant requires any assistance in completing the application form, contact numbers are provided. All NHS jobs vacancies are downloaded to Job Centre Plus, which ensures that we are not excluding candidates who may not have access to/and or the ability to use the Internet. As a symbol user the Trust has made the following 5 commitments: 1. To interview all applicants with a disability who meet the minimum criteria for a job vacancy and consider them on their abilities. 2. To ensure there is a mechanism in place to discuss at any time, but at least once per year, with disabled employees what you and they can do to make sure that they can develop and use their abilities. 3. To make every effort when employees become disabled, to ensure that they stay in employment. 4. To take action to ensure that all employees develop the appropriate level of disability awareness needed to make our commitments work. 5. To review annually, the five commitments and what has been achieved and to plan ways to improve on them and inform employees about the progress and plans. We have engrained these commitments into our everyday operations and some examples of these are: All staff should have an annual personal development plan and this includes a specific question for disabled staff to raise any issues regarding their disability. Through the Attendance Management Policy, we utilise the support of Occupational Health in identifying suitable alternative employment for staff that have health conditions or in identifying adjustments that may be relevant to their existing job thereby supporting them in remaining in employment. We have an Equality & Diversity Steering Group that is open to all staff to join and this group reviews progress made against the action plan. We participate in the `Supported Scheme` and works with the Job Centre Plus to provide work placements for disabled people 4.5 Equal Pay Statement We are committed to the promotion of equality and the elimination of discrimination in all its forms from every aspect of the services provided. We develop policies and practices that aim to ensure that discrimination, including unlawful discrimination and harassment on the grounds of gender, plays no part in the way that we deliver our vision, goals and aims. We ensure that our employees are remunerated fairly and equitably for the work they do and that staff are remunerated on nationally agreed pay scales (e.g. Agenda for Change, Consultant Contract & SAS contract). The national job evaluation schemes are transparently applied to all staff. The annual report includes information against the key equality strands and we will utilise this information to monitor the gender breakdown of the pay bands. Version 0.9: October 2010 Page 17 of 78

18 5. Assessment and Information Gathering 5.1 Assessment of Services and Policies Our Single Equality Scheme is effectively a strategy and action plan detailing our commitment and approach to all forms of equality. It will help us to consider the effects of all our activities and operations in terms of full equality. All of our health care activities and policies will be assessed, as all of our activities are relevant, to a varying degree, to both the general and specific duties of Equality Legislation. We will assess and identify which of our services and policies have implications for, or affect equality legislation, and these shall be detailed within our Equality Scheme. 5.2 Equality Impact Assessments (EIAs) Equality Impact Assessments (EIAs) are a legal requirement under the Equality Act 2010 (The Equality Act consolidates existing legislation, including the Race Relations (Amendment) Act 2000, Disability Discrimination Act 2005 and the Equality Act 2006). In line with legislation, all public organisations are required to undertake an EIA on all their activities and functions. As part of the Trust s Single Equality Action Plan, all new and revised policies, procedures and services must be equality impact assessed. The purpose of an EIA is to improve the work of the Trust by making sure its does not discriminate and that, where possible, promotes equality. It is a way to make sure individuals and teams think carefully about the likely impact of their work on service users and take action, where appropriate, to improve activities. The Equality Impact Assessment is carried out by completing a form, drawing on existing research, monitoring information and consultation. Once this has been completed, action plans can be drawn up and any decisions to change the delivery of a service / policy can be made. 5.3 Information Gathering Gathering information about individual patients diverse needs is key to ensuring a safe and positive experience. This data will help us to measure how well we are doing to meet the needs of different groups. Gathering information about the impact of a service or policy is fundamental to any stage of the Equality Impact Assessment. The purpose of the EIA is to assess how different groups of people may access or be affected by a particular service or policy, and information about local people s needs and how they access relevant services is vital if we are able to identify such needs and respond to them. 6. Procurement We are fully committed to ensuring that we promote and influence equality and diversity issues through our procurement process. In order for us to meet our statutory duties, we ensure that companies and organisations that supply the Trust with goods and services promote equality and value diversity. We commission services from other public bodies and private sector organisations. Regular monitoring of existing contractors will be undertaken by Contract Managers. Equality is listed as a key performance indicator, and all contractors will therefore be expected to adhere to Trust policies and procedures. We are currently undertaking a review of all procurement arrangements and processes in line with requirements of the Equality Standard. Version 0.9: October 2010 Page 18 of 78

19 We have a Pre-Qualification Questionnaire, which establishes the minimum standards required for inclusion within the tender process. Contractors are expected to sign up to and adhere to Equality Standard Requirements. Guidance is available for contractors who intend to do business with the Trust. We ensure that our strategic objectives for procurement take into consideration equality and diversity issues and ensure that staff involved in procuring services on behalf of the Trust, are aware of their responsibilities in accordance with Equality Legislation. 7. Equality Priorities and Actions 7.1 How We Will Put This Equality Scheme into Practice Equality and Diversity s and Champions will work closely with managers, staff, service users and carers to ensure that best practice is maintained in the delivery of our services, promoting employment opportunities, and involvement of the public, service users and carers. The Equality and Diversity Steering Group will meet regularly to provide support, guidance and monitor the implementation of the Scheme How we will Meet our Statutory Duties and Achieve the Care Quality Commission s Essential Common Quality Standards that relate to Equality and Diversity? Our Single Equality Scheme Action Plan summarises how we intend to meet our statutory duties and achieve the Care Quality Commission s Essential Common Quality Standards that relate to equality and diversity: The Equality Act protects people from discrimination on the basis of the following protected characteristics. Age Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Religion or Belief Sex Sexual Orientation Appendix 4 summarises what provisions the Trust currently has in place for people with these protected characteristics. Care Quality Commission: The Care Quality Commission (CQC) ensures that all NHS trusts comply with the new Essential Common Quality Standards (which replaced the Standards for Better Health). These standards have been designed to help Trusts ensure that services are good and in particular that they meet the needs of users and carers. The Care Quality Commission will take action if providers do not meet the Essential Quality Standards, or if there is reason to believe that people s basic rights or safety are at risk. The CQC has a new, wide range of enforcement powers, such as fines and public warnings, and can be flexible about how and when to use them. It can apply specific conditions in response to serious risks. The Trust will ensure through its practices that it complies with all CQC requirements regarding Equality and Diversity. Version 0.9: October 2010 Page 19 of 78

20 7.3 Action Plan Our Single Equality Scheme includes a detailed 3 year Action Plan. Our key objectives and expected outcomes are based on the following core subjects: ership and corporate commitment Training Procurement Assessing the impact of the Trust s Activities Involving people with diverse needs Monitoring and reporting on progress Ensuring access to information and services Gathering and analysing evidence Workforce A summarised version of our Action Plan can be seen below: For a detailed copy of our Action Pan, including time-scales and progress please refer to Appendix 5. Table Equality Scheme Action Plan - Summary LEADERSHIP AND CORPORATE COMMITMENT: No Action Required How Measured / Evidenced Implementation 1.1 To review Single Equality Scheme (SES) and Action Plan to ensure meets all Equality Legislation and is in harmony with current NHS agenda. Revised SES and Action Plan which complies with all equality legislation. Service & Equality s To review Equality and Diversity Organisational Structure. Equality and Diversity Organisational Structure to be referred to in SES and Equality Documentation. To consult widely on the amended SES and Action Plan. All Equality Target Groups to be involved in reviewing the amended SES. SES and Action Plan to be accepted by those consulted with and recommendations reviewed and incorporated within scheme. Consultation Feedback Report to be produced. Service & Equality s To re-launch the amended SES. to be circulated to all staff / Community Groups etc. Article to be featured in Staff Magazine (Focus) E&D Web pages to be updated on Internet and Intranet. E-Learning / Induction Service & Equality s 1.2 Executive Directors to act as Equality and Diversity Champions ensuring delivery against the Action Plan for their organisational area. E&D Steering Group Minutes to record activity. Service & Equality s Version 0.9: October 2010 Page 20 of 78

21 LEADERSHIP AND CORPORATE COMMITMENT Continued: No Action Required How Measured / Evidenced Implementation 1.2 Cont To ensure that Equality and Diversity is mainstreamed throughout all Trust Business Plans. Equality Impact Assessments to be completed and attached to all Business Cases. Head of Commercial & Planning Investment To integrate equality and diversity impact assessment and issues into service delivery and planning To ensure that Equality and Diversity is embedded in to all Business Case Procedures for patient services, estates management and procurement / commissioning practices. Service & Equality s 1.3 Divisional General Managers to nominate Equality and Diversity Champions to ensure delivery against the Action Plan for their organisational area. Champions details to be published on E&D Website. Champions to be supported by Service and Equality s. Service & Equality s To set up Equality and Diversity Champions Sub Group. (To meet Bi-Monthly). To record minutes of all meetings. To ensure Champions receive regular Equality and Diversity update s. Service & Equality s TRAINING: No Action Required How Measured Implementation 2.1 To deliver Equality and Diversity Training to Trust Board Members Training Session Programme Presentation and Training Documentation. Service & Equality s Training Manager Project s for Equality and Diversity to undertake all relevant training required to undertake role. Training Programme to be developed and delivered to E&D Champions. To attend all relevant equality and diversity training courses and briefings. E&D Divisional Champion Training Session Programme, Presentation and Training Documentation. Service & Equality s Training Manager Implementation of corporate mentoring for Equality and Diversity Champions and Equality s. Develop an awareness programme for new and existing managers and staff, outlining equality duties as they apply to them. To review the need for additional disability and cultural awareness training for front-line staff. Training programme to be produced and Workshops delivered to Trust Staff on how to undertake Equality Impact Assessments. Mentoring Documentation / Feedback. All staff to undertake E&D training via E- Learning on a mandatory basis every 3 years. E&D Presentation to be delivered at Trust Induction. E&D Information to be displayed at Induction. Roles and Responsibilities to be referred to in the Single Equality Scheme. Provision of additional disability and cultural awareness training. E&D Divisional Champion Training Session Programme, Presentation and Training Documentation. Training Manager Service & Equality s Training Manager Service & Equality s Training Manager Service & Equality s Training Manager Version 0.9: October 2010 Page 21 of 78

22 PROCUREMENT: No Action Required How Measured Implementation 3.1 To review existing contracting and monitoring arrangements. To ensure there is an equality statement, that contractors will be expected to sign up to and adhere to. Head of Procurement To ensure guidance is available for contractors that intend to do business with the Trust. Regular monitoring of existing contractors to be introduced and undertaken by Trust Contract Managers. Key performance indicators to include equality. Contractors will be expected to comply with Equality Legislation. Ensure that staff involved in procuring services on behalf of the Trust, are aware of their responsibilities in accordance with Equality Legislation. E&D Procurement Guidance to be reviewed and made available to contractors (via Procurement Web Pages). Key Performance Indicators. To be educated during their induction period. Head of Procurement Head of Procurement Head of Procurement ASSESSING THE IMPACT OF THE TRUST S ACTIVITIES: No Action Required How Measured Implementation 4.1 Executive Directors ensure that the Equality Impact Assessment is applied to all services, policies and procedures within their area Schedule for Equality Impact Assessments of services and policies/procedures to be produced for each divisional area. Service & Equality s of responsibility. Ensuring that All existing policies to be reviewed when no Equality Group is policy review date is due. discriminated against. All new policies and services to be Equality Impact Assessed, prior to obtaining approval. To review the Trust s Equality Impact Assessment Form - To produce an Equality Impact Assessment Form for both policies and services. To review the Trust s Equality Impact Assessment Guidance and produce an Equality Impact Assessment Toolkit and additional Guidance Documents. To ensure this is accessible and more widely used by staff. Equality Impact Assessments for area s of high relevance to be published. Revised Equality Impact Assessment Form to be used to assess both services and policies. New Equality Impact Assessment Toolkit to be produced, which includes: Guidance. Instructions on how to complete the EIA Form. Frequently Asked Questions. Completed Examples. To raise staff awareness, via: Articles in Trust Magazine (Focus) Updates on Trust Website (Intranet) Provision of Training Workshops for staff. All impact assessments to be published on the Trusts E&D Web Pages (Intranet and Internet). Service & Equality s Service & Equality s Service & Equality s Service & Equality s To ensure findings of Equality Impact Assessment processes are incorporated into lessons learned. Findings to be summarised and lessons learned to be incorporated in to service development and delivery. Service & Equality s Operational Managers Version 0.9: October 2010 Page 22 of 78

23 INVOLVING PEOPLE WITH DIVERSE NEEDS: No Action Required How Measured Implementation 5.1 To involve people with diverse needs in the review of the Single Equality Scheme. List of all those involved to be included in the Single Equality Scheme. To develop mechanisms for involving people with diverse needs in the Equality Impact Assessment of new services and policies. Consultation Feedback Report to be produced. Increased participation from people with protected characteristics with equality impact assessments. Database to be set up, of representatives from Equality Groups willing to be involved with the Equality Impact process. Patient & Public Engagement Patient & Public Engagement MONITORING AND REPORTING ON PROGRESS: No Action Required How Measured Implementation 6.1 Equality and Diversity Steering Group to monitor progress against the Action Plan and report to Trust Board annually. E&D Steering Group Minutes. Trust Board Minutes. Service & Equality s To undertake an annual review of progress against actions. Monitoring Report to be submitted to Trust Board annually, to include an analysis by all equality target groups. Service Monitoring Report to be submitted to Trust Board annually, to include all key developments and progress. Equality ENSURING ACCESS TO INFORMATION AND SERVICES: No Action Required How Measured Implementation 7.1 To review and update the Equality and Diversity Pages of the Trust s internet and intranet web site. The availability of up-to-date, informative Web Pages, which comply with Equality Legislation. Service & Equality s To ensure that all leaflets can be accessed via the appropriate web pages (Equality and Diversity and Information Governance). To ensure all documentation, letters, reports etc. can be made available in different formats. Accessibility Statement to be included in all patient information - Ensuring were reasonably requested information is available in different languages and styles. Patient & Public Engagement Version 0.9: October 2010 Page 23 of 78

24 ENSURING ACCESS TO INFORMATION AND SERVICES Continued: No Action Required How Measured Implementation 7.1 Cont To ensure all services can be accessed by disabled patients, visitors and staff. Physical alterations to services and sites. Head of Estates To make improvements progressively, ensuring the needs of all disabled patients, visitors and staff are met. Review of facilities available for the disabled (Induction loops / wheel chair provision / assistance and support). Information to be made available in other formats. Equality Impact Assessment results. Patient and Public Engagement To review and increase same sex accommodation on in-patient areas on all hospital sites. To review support systems for service users and those with caring responsibilities. To review support systems for patients with learning disabilities. To improve the experience of general hospitals services for people with learning disabilities. To develop procedures on supporting transgender service users. To increase awareness of equality and diversity best practice amongst those who provide patient services and those who procure / commission services on behalf of the Trust. To proactively communicate equality and diversity issues throughout the Trust by marketing the success of equality and diversity activities. To ensure that all Trust publicity, particularly that about services is accessible and positively promotes the image of diversity within the borough.. To organise a corporate response to key diversity events. To investigate how the Trust can become a recognised as a champion for equality and diversity Survey results - Using feedback to influence service delivery. To provide SHA with Update Reports. Analysis of Same Sex Privacy and Dignity Patient Experience Survey Results. To Use feedback to influence service delivery. To have close links with Carer Support Team. Establishing closer links with Disability Support Teams / Primary Care Trust. Using feedback to influence service delivery. Adjusting services to meet the needs of individuals with learning disabilities. All staff to be trained on the management of transgender patients. Champion Meetings Internet / Intranet Updates Focus Articles / Updates Global Trust Induction E-Learning Workshop Training E&D Events E&D Newsletter To determine whether there is a need to produce posters and leaflets promoting the Trust s commitment to equality and diversity for distribution across all hospital sites. To inform staff via: Global Article in Trust Magazine (Focus) Internet / Intranet Updates To strive towards attaining recognised Equality and Diversity Awards. Nursing Head of Estates Patient and Public Engagement Patient & Public Engagement Operational Managers Service & Equality s Service & Equality s Service & Equality s Service & Equality s Version 0.9: October 2010 Page 24 of 78

25 GATHERING AND ANALYSING EVIDENCE: No Action Required How Measured Implementation 8.1 To review existing data collection and reporting systems on service users. To monitor percentage collection To review Ethnic Monitoring Reports. To review Patient Experience Surveys. Analysis of Age / Gender and Religion data already recorded. 8.2 levels. To develop better systems for recording and acting upon information about patients diverse needs. To begin systematic data collection of patient data on religion and belief, sexual orientation, disability and carer status. To obtain an accurate and up-todate picture of the population in the Wigan Borough, which enables the Trust to respond more efficiently to the needs of the communities. To analyse patient demographic data in order to advise Divisional Management Teams on trends in access to services, and to identify any potential inequalities in access. (i.e. rapidly ageing population increases in dementia - the need for improved quality of dementia care). To ensure that lessons learned from the results of : National Patient & Staff Surveys Patient Experience & Patient Opinion Surveys Service Reviews / Peat Audits Serious Untoward Incidents Other Feedback Systems are used to inform the direction of future action plans in relation to equality and diversity and patient and public involvement. To produce an updated report and action plan on the findings of disability related access and facilities audits of premises owned or used by the Trust. All patient and carer s assessments and care plans to include: Ethnicity / Gender / Disability / Age / Religion / Sexual Orientation / Gender reassignment / Carer Status. To network and share good working practice with other Trusts and organisations. To link in with partner organisations to identify potential improvements that can be made in order to make the Trust s services more accessible to equality target groups. To have agreed procedures in place to report back complaints. To monitor Patient Satisfaction Surveys. To monitor Patient Satisfaction Surveys. To produce Patient Profiling Data Reports. To be included in the Single Equality Scheme. To access the Health Equality Library Portal (NHS North West s Central repository for up-to-date equality and diversity information) To produce Analysis Reports, dependent on available data. To be referred to in: Survey Reports E&D Steering Group Minutes Single Equality Scheme & Action Plan Production of On-line DisabledGo Health Guide to Wrightington, Wigan and Leigh NHS Foundation Trust. To be included in Patient Profiling Reports. Project s to attend meetings relating to equality and diversity throughout the health economy, where necessary. Project s to share good working practice with other Trusts, Wigan Council, ALW PCT, 5 Boroughs etc. Complaints Manager PPI Manager PPI Manager Service & Equality s Head of Estates Head of Nursing Service & Equality s Version 0.9: October 2010 Page 25 of 78

26 WORKFORCE: No Action Required How Measured Implementation 9.1 To ensure all staff receive an annual Personal Development Review (PDR). PDR compliance. TRUST TARGET: 2009/10: 85% Operational Managers To ensure all staff are able to access training and development opportunities regardless of their race, religion, age, gender, disability status or sexual orientation. To ensure that staff are not disadvantaged by Human Resource Policies and Procedures. To widely publicise the contact details for Equality and Diversity s and Divisional Champions, so staff can raise ideas and concerns when necessary. To evaluate staff experience by ethnicity, gender, disability and age as recorded in annual staff attitude survey and recommend actions to Steering Group, as appropriate. To develop complimentary awareness programmes for new and existing staff, outlining equality duties and promoting awareness. To promote Equality and Diversity E- learning Programmes. To encourage greater involvement among Senior Managers in providing mentoring opportunities for employees from Equality Target Groups. To publicise an Annual Report demonstrating demographic information for the Trust and the community. 9.4 To review recruitment training and incorporate equality and diversity awareness / training within the recruitment and selection package. % of staff applying for training, as compared to workforce composition of equality group. % of staff accessing training by Equality Group. TARGET: 2009/10: 75% Equality Impact Assessments to be completed for each policy. : Number of equality related grievances. % of workforce by Equality Group subject to disciplinary, capability and grievance procedures, compared to workforce composition. Staff are aware of who the Equality and Diversity s are. To produce an Annual Report, which identifies areas for improvement and incorporates actions into the SES and Action Plan. Awareness Programme developed consisting of complimentary promotional material. Promotion mechanism in place. % staff utilising e-learning programmes TARGET: 90% Year on year increase in the number of staff within Equality Target Groups undertaking mentoring. An Annual Report is published on an annual basis containing the information on each Equality Target Group. Equality and Diversity Awareness features as part of Recruitment Training. Equality HR Development Manager Policy Development Group Service & Equality s Equality Equality Human Resource Manager Human Resource Manager Equality and Diversity s Department Managers HR Business Partners Human Resource Development Manager Equality Senior HR Business Partner Workforce Human Resource Development Manager Equality Recruitment Version 0.9: October 2010 Page 26 of 78

27 WORKFORCE Continued: No Action Required How Measured Implementation 9.4 Cont. To ensure recruitment practices are inclusive and non-discriminatory. Number of founded equality complaints arising through recruitment = 0. Recruitment Short-Term To ensure that one panel member is trained in recruitment and selection within each assessment process. Long-Term To train all new and existing managers in recruitment and selection. Ensure that all panel members are trained in recruitment and selection. To ensure that job adverts and specifications are free from bias prior to their publication. To analyse recruitment statistics and identify positive action initiatives that will reduce imbalances within the workforce. To short-list all disabled applicants for posts to which they meet the criteria. To utilise advertisement media that targets under represented groups. To develop links with Job Centre Plus and identify suitable opportunities for Access to Work candidates. 9.5 To produce and publish a comprehensive annual workforce monitoring report that contains equality information required to meet duties under all equality schemes. % increase in hires from Equality Target Groups, until workforce is reflective of Borough. % of panels TARGET: 100% % of panels that comprise of fully trained managers, of which one must be at Level 3. TARGET: 100% Number of founded equality complaints arising through recruitment. TARGET: 0 % of founded equality complaints arising through recruitment advertising. TARGET: 0 Positive Action Schemes in existence. % increase of hires within Equality Target Groups, until reflective of the Borough. % of disabled candidates shortlisted for interview. TARGET: 100% of eligible candidates shortlisted. % increase of applicants deriving from targeted advertising. % of staff with a disability compared to borough. Number of staff recruited from Access at Work Scheme TARGET: To be confirmed at implementation Annual Report containing information required by equality duties. Namely: Apps No. selected Staff in post Training applications No. receiving training Promotions Apps Harassment Grievance Grievances Disciplinary Proceedings Discipline outcome Leaving Equality Human Resource Development Manager Recruitment HR Business Partners Equality Recruitment Recruitment Team er Recruitment Team er Equality Recruitment Equality Senior HR Business Partner - Workforce 8. Monitoring Performance on Equality Monitoring performance on equality is essential if we are to fully understand whether we are meeting the needs of our service users, whether services are improving and if its actions are having the desired impact. Version 0.9: October 2010 Page 27 of 78

28 8.1 How we will Monitor Performance on the Single Equality Scheme As discussed in Section 3.3, the Trust Board Members have a particular responsibility for taking forward and achieving the vision and objectives outlined in this Equality Scheme. They have overall responsibility for monitoring the key processes discussed in the Equality Scheme. To enable us to monitor and measure our performance effectively, it is planned that: Equality, Diversity and Inclusivity be made part of yearly objectives for all managers and specific objectives apportioned. Equality updates to be given as part of Team Briefing. Equality updates to be included in the Staff Magazine (Focus). The Equality and Diversity Pages on the Intranet to be regularly updated. The Annual Staff Survey will ask appropriate questions in order to obtain a confidential viewpoint. The service delivery issues associated with ethnicity, disability, gender, age, religion, sexual orientation, marriage & civil partnership, pregnancy & maternity, gender reassignment and carer status to be monitored through the Equality and Diversity Steering Group. practices associated with ethnicity, disability, gender, age, religion and sexual orientation to be monitored through the Human Resources Committee and Equality and Diversity Steering Group. 8.2 National and Regional Monitoring In addition to the Trust s own monitoring systems, The Equality Scheme is also a public document and a number of Regional and National Bodies have a role in monitoring our performance. These include: NHS North West NHS North West is the Strategic Health Authority for the North West of England. Their role is to provide strategic leadership and direction to Health Authorities across the region, but also responsible for holding the Primary Care Trust s account for their performance, including that in relation to Equality Legislation. Care Quality Commission The Care Quality Commission is an independent Inspection Body whose role is to ensure that all Trusts are delivering quality services and meeting standards in a number of areas. See Appendix 6. Equality and Human Rights Commission (EHRC) From October 2007, The Commission for Equality and Human Rights (CEHR) became the new all-embracing body for Equality and Human Rights in the UK, replacing the Disability Rights Commission, Commission for Racial Equality and the Equal Opportunities Commission. The Commission for Equalities and Human Rights (CEHR) aims to secure and implement an effective legislative and regulatory framework for equality and human rights. The CEHR has advisory powers and continues to work with public authorities in achieving compliance. However, they also have enforcement powers and can come into an organisation, scrutinise and issue Enforcement Orders. Version 0.9: October 2010 Page 28 of 78

29 8.3 Publishing Results Our Equality and Diversity Scheme and Action Plan will be published on our Trust Website. 9. Community Engagement (Involvement) and Consultation We have a statutory duty under Section 242(1B) of the NHS Act 2006 to involve and consult patients and the public in service planning and operation, and in the development of proposals for changes. Consultation and Involvement can be defined as: Consultation: Consultation is about sharing information: asking service users and staff to share with the Trust information about their experiences, and to gain an insight into what they want and how they want it to be done. This information can then be used by us in a number of ways, for example, newsletters, video diaries, art work, surveys and questionnaires. Involvement: Involvement is a more active form of community engagement than consultation. This includes involving members of the community in decision making, during a project or policy design and management. We aim to provide high quality, accessible and responsive services by putting the patient at the heart of everything we do. Information collected from individual patients and staff is invaluable in helping us to ensure that we provides a high quality service for all. We recognise the importance of consultation in all aspects of the development and implementation of its responsibilities for equality. 9.1 The Disability Discrimination Act 2005 Requirement to Involve Although community engagement and consultation is included as a requirement of Equality Legislation in the development of the Equality Scheme, the Disability Discrimination Act (2005) (now consolidated within the Equality Act 2010) went much further and the involvement of disabled people was a key principle that underpinned the Act s General and Specific Duties. The Act stated that all local authorities have to produce a Disability Equality Scheme, which includes a statement of how disabled people have been involved in the development of that Equality Scheme. The involvement of disabled staff, service users, community groups and organisations was therefore crucial in order to meet a number of the specific duties of the Act. Under these duties, the Trust was required to involve disabled people in the following: Review of the Trust s Single Equality Scheme. Identifying barriers faced by disabled people. Identifying unsatisfactory outcomes in service delivery. Involvement in Equality Impact Assessments. Setting priorities for Service Improvement Plans. Assisting in planning activity. 9.2 Trust Approach to Consultation and Involvement We have been recognised regionally and nationally for our innovative approach to engaging with patients both in service redesign and in quality assessment. We engage with our membership in a variety of ways; members act as lay readers to test Trust information designed for patients and the public, some members sit on a panel and respond to surveys from the Trust on a variety of topics including assessing the quality of Version 0.9: October 2010 Page 29 of 78

30 services, the site strategy and Darzi plans (Report produced by Lord Darzi on High Quality Care for All - This report gives patients more say through initiatives, such as care plans for those with long term conditions, a guarantee that the most effective drugs available to all and providing the right to chose care providers, including GPs). We have a very active Engagement Committee which meets quarterly. Members include Council of Governors representatives. We use this forum to consult on our strategy and any significant service changes. Recent examples include, changes to the rheumatology service, plans for pharmacy initiatives and car parking. The Governors have been included on the appointment panels of several key posts, including Non-Executive Directors, Consultant Haematologist and Medical Director. We currently have a Patient Experience Strategy and a Consultation Policy which outlines our values and objectives in relation to community engagement and acts as a mechanism for driving corporate consultation and the coordination of patient engagement across the Trust. For further information about the Trust s Patient Experience Strategy and other policies including the Membership and Engagement Strategy, please contact the Trust s Patient and Public Engagement Department on (01942) Whilst we recognise the importance of engaging with service users and staff when developing, delivering and designing services, we do recognise, that this is an important area for continual improvement. We have identified the need to further improve the way in which we engage and involve local people, including the way we engage with groups who are often seldom heard. We are committed to consultation on the on-going development of the Single Equality Scheme Action Plan and the outcomes and action plans following the Impact Assessments of each policy and service. Consultation may take a range of forms, such as patient and staff surveys, focus group meetings, written documents, video diaries and attendance at other planned community and staff events. 9.3 How People have been involved in the Development of this Scheme Consultation, involvement and engagement have been central to the development of this scheme. Although we have consulted widely on the development of this scheme, under the Disability Equality Duty there is a specific duty to involve disabled people in the development of this scheme (as stated in Section 9.1 of this report). Statement of Involving People with Disabilities: In developing our Single Equality Scheme we have consulted and involved people with disabilities. Copies of the Scheme and Action Plan were distributed to various disabled individuals and groups, and promoted at local community group meetings (including Wigan Access Committee Meeting, attended by individuals with various disabilities). A 6 week Consultation was undertaken from 23 rd November and 31 st December Our Single Equality Scheme and Action Plan was promoted throughout the Trust to employees, service users and carers and distributed to the following Equality Target / Community Groups: Feedback was encouraged both during and after the consultation period. The following table summarise the main groups / individuals who we consulted with during the 6 week consultation period: Version 0.9: October 2010 Page 30 of 78

31 Table Groups/ Individuals involved during the consultation period Groups / Individuals Consulted With: Members of the Public Trust Staff Hospital Governors Primary Care Trust Staff Wigan and Leigh College Staff and Students Wigan LINKs (Wigan s Local Involvement Network (LINK) is made up of individuals, groups and organisations who want to improve health and social care services in their area). Wigan Access Group Wigan & Leigh District Society for the Blind Wigan Deaf Society Age Concern Wigan and Leigh Carers Centre Staff Side Wigan Council Staff North West Equality & Diversity Network Forum All Networks Programme (Wigan s Community Network Strategic Body Links in with communities within Wigan Borough. Some of these include: BME / The Faith Network / Wigan & Leigh Disability Forum / Over 50 s Forum / World in Wigan / MENS Group / Gay & Bisexual Group). Re-Think Severe Mental Illness Crossroads Wigan & Leigh Wigan & Leigh Carers Helpline Wigan & Leigh Disability Forum Hearing Concern Making Space Church of God 50+ CVS Children & Young People Services Homeless Group Visionaries Paveways Disability SCOPE Eye tech Health & Social Care Project (Links in with communities within Wigan Borough.) Others Carers Helpline Pensions Link Over 50 s Forum Guillian Barre Syndrome Society BME Carer Support and Over 50 s Drop In Contact the Elderly Health Call Optical Services National Association of Disabled Supporters Wigan Hard of Hearing Fellowship 9.4 Feedback from Involvement A separate report detailing the issues raised, comments and suggestions has been produced. This report was presented at our Equality and Diversity Steering Group in January A copy of this report can be downloaded from our Trust Website. In summary, the majority of feedback received about our Single Equality Scheme was regarded as positive and re-iterated the key issues which were already covered within the Scheme s Action Plan. Such issues included: Version 0.9: October 2010 Page 31 of 78

32 The need for further data collection. The importance of training and educating staff. The importance of promoting Equality and Diversity. The need to involve/engage with people from diverse backgrounds and other groups. The Scheme s Action Plan has been amended to include reference to work which is currently being undertaken with regard to reviewing support systems for patients from different Equality Target Groups (for example improving the experience of general hospitals services for people with learning disabilities / patients with dementia etc.), establishing closer links with specific groups / teams within the Primary Care Trust / Wigan Council and the Community. Feedback received about the document layout, grammar etc. has been reviewed and incorporated within the revised scheme. 9.5 Ensuring Public Access to Information and Services We will publish this Single Equality Scheme and Action Plan, with regular updates. The results of each Equality Impact Assessment will be made available to those who took part in the consultation and request copies. We will ensure that the information is published and is freely available and accessible through the Internet and other sources. A summary of responses to consultations will be made available. We will endeavour to develop a strategy for communicating with all groups in the community so that we may build up relationships with the appropriate communities, groups and media. Lessons from this will be collated and translated into guidelines for all staff and may include some or all of the under noted: All Trust publications can be made available in the most widely spoken languages within the Wigan Borough. All Trust publications can be made available in large print, braille, etc. on request. Use shall be made, where appropriate, of ethnic, disability and gender specific radio and newspapers (for example Wigan Talking News). 10. Complaints 10.1 Patients, Relatives and Carers As we are part of the NHS, there is a formal process for handling complaints and concerns from patients, relatives and carers. All complaints are dealt with by the Patient Relations Department in accordance with legislation for NHS complaints: a statistical report on complaints is submitted to the Trust Board on a monthly basis. Members of the public can make a complaint in relation to Wrightington, Wigan and Leigh NHS Foundation Trust s failure to meet any of its duties under Equality Legislation, by contacting the Trust s Patient Relations Department (See Section 10.3). Members of the public can also make a complaint if they feel that they have grounds in relation to bullying, harassment, discrimination or victimisation Employees In accordance with complaints legislation, our Patient Relations Department only handles complaints and concerns from patients, relatives and carers. Version 0.9: October 2010 Page 32 of 78

33 Employees wishing to complain about Wrightington, Wigan and Leigh NHS Foundation Trust s failure to meet any of its legal duties under Equality Legislation can do so by: Raising the matter with their Line Manager. Raising the matter with their Equality and Diversity Project s (See Section 10.3). Any employee can also present a grievance if they feel that they have grounds in relation to bullying, harassment, discrimination or victimisation Contacts It is proposed that any complaints received under the Trust s Equality and Diversity Scheme will be dealt with as follows: Table Contacts for Complaints Complaints from: Patients Relatives Carers Public Process Through the Trust s Patient Relations Department Contact Details Patient Relations Department Wrightington, Wigan & Leigh NHS Foundation Trust Royal Albert Edward Infirmary Wigan Lane Wigan WN1 2NN Tel: Complaints from: Employees Process Through the Trust s Grievance Procedure Line Managers Contact Details or raising the issue with: Equality and Diversity Project Equality & Diversity Project Human Resources Department Suite 7 Buckingham Row Brick Kiln Lane Wigan, WN1 1XX Tel: and Diversity Project Equality and Diversity Project Royal Albert Edward Infirmary Wigan Lane Wigan, WN1 2NN Tel: Summary of Key Priorities for the Single Equality Scheme Wrightington, Wigan and Leigh NHS Foundation Trust is committed to actively recognising and promoting equality and diversity. Version 0.9: October 2010 Page 33 of 78

34 This Single Equality Scheme clearly outlines how we intend to meet the legislation duties and how we will ensure equality is built into the Trust s day to day business. This Single Equality Scheme includes a detailed 3 year Action Plan identifying how we intend to improve our performance in equality and diversity during 2009/2012. This Single Equality Scheme identifies 15 overall key priority areas which we will primarily focus on in the delivery of the Scheme, as well as a wide range of activities which we will implement. In summary, these are as follows: Table 11.1 Key Priorities of Single Equality Scheme Key Priority Equality Legislation & Guidance Single Equality Scheme E&D Champions Equality Impact Assessments Involvement of Equality Target Groups Accessible Services Access to Information Training Description To ensure compliance with all Equality Legislation and Guidance. To review, prepare and republish the Single Equality Scheme and Action Plan. To have recognised Equality and Diversity Champions in post within Divisions to ensure delivery against the Action Plan in their organisational area. To review, prepare and republish the Trust s Equality Impact Assessment Guidance and Assessment Form. To undertake full Equality Impact Assessments of all new and existing policies and services in relation to service delivery and employment. To have a detailed time-table of Equality Impact Assessments to be undertaken by each Division. To ensure findings of Equality Impact Assessment processes are incorporated into lessons learned. To develop mechanisms for involving people with diverse needs in the Single Equality Scheme and Equality Impact Assessment Process. To continue to develop services, that are, sensitive to the needs of people from all Equality Groups. To continue to assess and improve the accessibility of our physical environment. To increase single sex accommodation. To ensure that all sections of our communities have information about our services. Ensuring that this information is available in other formats. To ensure that our approach to translation and interpreting is robust and effective in meeting the needs of the communities we serve. To continue to develop systems to deliver equality and diversity training to all staff. Version 0.9: October 2010 Page 34 of 78

35 Key Priority Staff Equality Groups Description To continue to provide support for all employee Equality Groups and to ensure they are equipped with the necessary knowledge and skills to fulfil a high level of critical challenge. To develop employment opportunities within the Trust to people from equality Target Groups. Equality Monitoring (employment) To ensure that robust equality monitoring activity is undertaken with regard to all key employment issues and is effective in delivering increased levels of understanding and informing service improvements. To produce an Annual Equality Monitoring Report, which will be used to highlight any trends and to identify any potential areas of concern so that action can be taken. Equality Monitoring (patients) Evaluating and Monitoring Progress To ensure that relevant equality monitoring activity is undertaken within the Trust and is effective in delivering increased levels of understanding, service delivery for all communities. To review existing data collection and reporting systems on service users; to develop better systems for recording and acting upon information about patient s diverse needs; to identify how patient data on ethnicity, gender, age, disability, religion, sexual orientation, marriage & civil partnership, maternity & pregnancy, gender reassignment and carer status can be collated and used to improve services. To ensure that performance on equality is evaluated and monitored to ensure we are meeting the needs of our service users and staff. To monitor, review and update the Trust s Single Equality Scheme and Action Plan. Knowing our Communities Procurement Networking To ensure that we continue to gain a comprehensive knowledge and understanding of all communities in the Wigan Borough and our service users. To produce an equality statement that contractors will be expected to sign up to and abide by, and develop guidance that will be made available to those contractors wishing to do business with the Trust. To continue to network and share good working practice with other Trusts and organisations and to develop sustainable relationships with local communities. We will monitor and report on our progress towards the above priorities on a quarterly basis and will fully review and revise our Single Equality Scheme and Action Plan on an annual basis in accordance with Equality Legislation. 12. Contacting Us To comment on this document please visit the Trust s Website and complete the on-line feedback form. Alternatively if you have any questions or want to discuss anything further please contact The Trust s Equality and Diversity Project s: Version 0.9: October 2010 Page 35 of 78

36 Debbie Jones Equality and Diversity Project (Services) Wrightington, Wigan & Leigh NHS Foundation Trust Royal Albert Edward Infirmary Wigan Lane Wigan WN1 2NN Tel: Emma Wood Equality and Diversity Project () Wrightington, Wigan & Leigh NHS Foundation Trust Human Resources Department Buckingham Row Brick Kiln Lane Wigan WN1 1XX Tel: Version 0.9: October 2010 Page 36 of 78

37 A GLOSSARY Act A law or piece of legislation passed by both Houses of Parliament and agreed to by the Crown, which then becomes part of statutory law (i.e. is enacted). Action Plan A practical and realistic plan, with an agreed timetable and targets, showing how an employer is planning to achieve the aims of their Single Equality Scheme. Asylum Seeker Someone who has fled to another country in order to make an asylum claim i.e. a request for refugee status. Access Access refers to the mechanisms by which people with a range of needs (such as disabled people, people with children, people whose first language is not English) find out about and use services and information. Age This refers to a person belonging to a particular age group, which can mean people of the same age (e.g. 32 year olds) or range of ages (e.g year olds, or people over 50). Alternative Format Media formats which are accessible to disabled people with specific impairments, for example Braille, audio description, subtitles and Easy Read. B Black and Minority Ethnic people The term Black is used by some African-Caribbean and Asian people and people of dual heritage as a conscious and political expression of racist oppression and/or to denote unity of origin. The term minority ethnic people refer to groups of people who share historical, cultural, or national origins and who are numerically a minority in this society. There are several characteristics a group must fall within the meaning ethnic group under the Race Relations Act. These are a long history, their own cultural tradition, a common language, a literature, religion, a common geographical origin and being a minority within a larger community. It does not matter if the size of a particular ethnic group is diminished. Version 0.9: October 2010 Page 37 of 78

38 C Carers By carers we mean people who look after a relative or friend who need support because of age, physical or learning disability or illness, including mental illness. There are nearly 5.7 million carers in Great Britain. Carer does not mean care-worker or care staff of any kind, who are paid to provide care as part of a contract of employment. Parent Carer - by parent carer we mean a parent of a disabled child. Parents will often see themselves as parents rather than carers, but their child will have additional care needs and may be entitled to additional services. Young Carers - this means carers who are under the age of 18. The person receiving care is often a parent but can be a brother or sister, grandparent or other relative who needs support. There are estimated to be between 20 and 50,000 plus young carers in the UK. Consultation Asking for views on policies or services from staff, colleagues, service-users, or the general public. Different circumstances call for different types of consultation. For example, consultation can include public meetings, focus groups, surveys, questionnaires and meeting with experts. D Directorates Wrightington, Wigan and Leigh NHS Foundation Trust are divided into several key directorate areas (for example Human Resources; Training; Finance). Each directorate is headed by a Senior Manager who is responsible for the day-to-day running of the organisation. Direct Discrimination Less favourable treatment of a person compared with another person because of a protected characteristic. Disability A person has a disability if s/he has a physical or mental impairment which has a substantial and longterm adverse effect on that person's ability to carry out normal day-to-day activities. Disabled person Someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. Discrimination This term is used here in the sense of unfair discrimination i.e. using information, which is unfair, or irrelevant to influence a decision on the way someone is treated. Diversity The differences in the values, attitudes, cultural perspective, beliefs, ethnic background, sexuality, skills, knowledge and life experiences of each individual in any group of people. This term refers to differences between people and is used to highlight individual need. It can be used inappropriately as an alternative to equal opportunities. It avoids reference to discrimination and the equality impact that power imbalances have on different communities. Divisions Wrightington, Wigan and Leigh NHS Foundation Trust are divided into 5 key Divisions (Medicine; Surgery; Musculoskeletal; Clinical Support; and Estates and Facilities). Each division is responsible for specific department areas. Each Division is headed by a Senior Manager who is responsible for the day-to-day running of their department areas. Version 0.9: October 2010 Page 38 of 78

39 E Equality The vision or aims of creating a society free from discrimination where equality of opportunity is available to individuals and groups enabling them to live their lives free from discrimination and oppression. Equality and Diversity Champions Each Division within the Trust has designated Equality and Diversity Champions (nominated by their Divisional Managers). Equality and Diversity Champions are responsible for driving forward Equality and Diversity throughout their Divisions, supporting their Divisional Managers and colleagues on the delivery of Equality Impact Assessments. Equality and Diversity Steering Group The Trust s Equality and Diversity Steering Group was established in 2002 to develop and advance the Trust s approach to equality and diversity. The Steering Group is chaired by an Executive Director and attended by other Executive Directors. Regular reports are submitted to the Board. Equality and Human Rights Commission (EHRC) The EHRC is a statutory body established under the Equality Act 2006, which took over the responsibilities of the Commission for Racial Equality, Disability Rights Commission, and Equal Opportunities Commission. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights in Britain. Equality Impact Assessments Also known as 'impact assessment', is the process which enables an authority to identify and act on the need to modify policies and practices to have due regard to the need to promote equality. Equality Impact Assessments (EIAs) are a legal requirement under the Race Relations (Amendment) Act 2000, Disability Discrimination Act 2005 and the Equality Act In line with legislation, all public organisations are required to undertake an EIA on all their activities and functions. Equal Opportunities The development of practices that promote the possibility of fair and equal chances for all to develop their full potential in all aspects of life and the removal of barriers of discrimination and oppression experienced by certain groups. Equality Schemes Equality legislation requires Public Authorities to publish Equality Schemes as a means of meeting the Public Sector Equality Duty. The main goal of Equality Schemes is to promote equality of opportunity for people. Version 0.9: October 2010 Page 39 of 78

40 E Equality Groups These are the 10 commonly used classifications (protected characteristics) for examining equality and diversity issues: Age Disability Gender Race Religion or belief Sexual Orientation Marriage & Civil Partnership Pregnancy & Maternity Gender Reassignment Carer Status Ethnicity An individual's identification with a group sharing any or all of the following: nationality, lifestyles, religion, customs and language. F Focus Group Focus group research involves organised discussion with a selected group of individuals, to obtain information about their views and experiences on a particular topic. Focus group interviews are particularly suited for obtaining several perspectives about the topic. Functions The full range of activities carried out by a public authority to meet its duties. Version 0.9: October 2010 Page 40 of 78

41 G Gender Gender refers to a set of qualities and behaviours expected from a female or male by society. Gender is often confused with sex. Sex generally refers to biology and anatomy. By contrast, gender roles are learned and vary widely within and among cultures. Gender roles and expectations are often identified as factors hindering the equal rights and status of say, women with adverse consequences that affect life, family, socio-economic status. Gender Reassignment The process of changing or transitioning from one gender to another. General and Specific Duties All Public Authorities are legally required to have in place, an Equality Scheme which sets out how they plan to meet the general and specific duties (legislative requirements) contained in the Equality Act 2010 These duties ensure public authorities have a legal responsibility when carrying out their functions to have due regard to the need to: Eliminate unlawful discrimination, harassment, victimisation; Advance equality of opportunity between those covered by the Equality Act and those not covered, e.g. between disabled and non-disabled people; Foster good relations between these groups. H Harassment Unwanted behaviour that has the purpose or effect of violating a person s dignity or creates a degrading, humiliating, hostile, intimidating or offensive environment. See below for sexual harassment. Heterosexual This term refers to a person, male or female, who is sexually and emotionally attracted to people of the opposite sex. Human Resources The purpose of this function is to provide support to both managers and individuals, to make sure there is a consistent and fair approach to employment matters across Wrightington, Wigan and Leigh NHS Foundation Trust. A particular focus is supporting managers and change processes to achieve service excellence. Version 0.9: October 2010 Page 41 of 78

42 I Impairment A functional limitation which may lead to a person being defined as disabled according to the definition under the Act. See disability. Indirect Discrimination The use of an apparently neutral practice, provision or criterion which puts people with a particular protected characteristic at a disadvantage compared with others who do not share that characteristic, and applying the practice, provision or criterion cannot be objectively justified. Involvement Involvement is a more active form of community engagement than consultation. This includes involving members of the community, for example, in decision making, during a project or policy design and management. Information collected from individual patients and staff is invaluable in helping the Trust to ensure that it provides a high quality service for all. Wrightington, Wigan and Leigh NHS Foundation Trust recognises the importance of consultation in all aspects of the development and implementation of its responsibilities for equality. Interpretation Interpretation, or interpreting, is an activity that consists of establishing communication between people who use different languages made up of words, gestures or other symbols. For example, an interpreter who understands both English and Urdu could help an English-speaker and an Urdu-speaker understand what each other is saying by listening to each person speak then relaying what each one is saying to the other person in the language they understand. M Marriage and Civil Partnership Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated no less favourably than married couples. Maternity See pregnancy and maternity. Maternity Leave Leave which a woman can take whilst she is pregnant and after the birth of her child divided into compulsory, ordinary and additional maternity leave. How much leave a woman is entitled to will vary, but all women employees are entitled to 26 weeks. Mentorship Mentoring is a form of human development, where one person invests time, energy and personal know-how to assist another person to grow and to fulfil their true potential, and to increase their capacity for learning. Monitoring A process that involves collecting, storing, analysing and evaluating information, to measure performance, progress or change. Monitoring racial equality involves collecting, storing, analysing and evaluating information about the equality target groups to which people say they belong. Version 0.9: October 2010 Page 42 of 78

43 N Nationality An aspect of a person's identity conveying rights and duties, and defined by a specific legal relationship between an individual and a state, through birth or naturalisation, which is recognised by that state. Article 2 of the European Convention on Nationality defines nationality as the legal bond between a person and a state which does not indicate the person s ethnic origin P Perception In the Act, the belief that someone has a protected characteristic, whether or not they do have it. Policies Policies are the sets of principles or criteria that define the different ways in which an organisation carries out its role or functions and meets its duties. Policies also include formal and informal decisions made in the course of their implementation. All proposed and current activities which the Authority carries out. Positive Action Refers to a range of lawful actions that seek to overcome or minimise disadvantages (e.g. in employment opportunities) that people who share a protected characteristic have experienced, or to meet their different needs. Positive Discrimination Treating someone with a protected characteristic more favourably to counteract the effects of past discrimination. It is generally not lawful although the duty to make reasonable adjustments is an exception where treating a disabled person more favourably may be required by law. Pregnancy and Maternity Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the nonwork context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding. Prejudice Means to pre-judge someone, knowing next to nothing about them but jumping to conclusions because of some characteristics, like their appearance. Procurement The contractual or other arrangements that a public authority makes to obtain goods, works or services from an outside organisation. Version 0.9: October 2010 Page 43 of 78

44 P Protected Characteristics These are the grounds upon which discrimination is unlawful. The characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. These are the grounds upon which discrimination is unlawful. The characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Public Authority Organisations and individuals that carry out public functions - this would include government departments, local authorities, health authorities and hospitals, schools, prisons, and police for example. Public bodies Public bodies are defined as bodies which have a role in the processes of national Government but are not a Government department or part of one. They operate to a greater or lesser extent at arm's length from Ministers. Public Sector Equality Duty The duty on a public authority when carrying out its functions to have due regard to the need to eliminate unlawful discrimination and harassment, foster good relations and advance equality of opportunity. R Race Refers to the protected characteristic of race. It refers to a group of people defined by their race, colour, nationality (including citizenship) ethnic or national origins. Reasonable Adjustment Reasonable adjustments are changes to physical premises or working practices that remove the disadvantage they present to a person with a disability. There are no strict rules about what qualifies as a reasonable adjustment as every case is different and must be assessed on its merits. Religion or Belief Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition. Resources The term is used here to refer to money, time, people, buildings, and equipment used in the provision of services. Reviewing The term is used here to refer to the process of checking progress against aims. Version 0.9: October 2010 Page 44 of 78

45 S Service User This term is used here to refer to patients, staff, carers, relatives, etc. Service Provider Someone (including an organisation) who provides services, goods or facilities to the general public or a section of it. Sex This is a protected characteristic. It refers to whether a person is a man or a woman (of any age). Sexual Harassment Any conduct of a sexual nature that is unwanted by the recipient, including verbal, non-verbal and physical behaviours, and which violates the victim's dignity or creates an intimidating, hostile, degrading or offensive environment for them. Sexual Orientation A term describing a person's attraction to members of the same sex or different sex. Usually defined as lesbian, gay, bisexual, or heterosexual. T Training A wide range of career development opportunities, which could include informal in-house training as well as more formal courses. Translation The act or process of changing the written word (text) from one language to another, or in other formats, such as audio, large print and braille. This is distinct from Interpretation, which is defined above. Transsexual / Transgender people Refers to a person who has the protected characteristic of gender reassignment. This may be a woman who has transitioned or is transitioning to be a man, or a man who has transitioned or is transitioning to be a woman. The law does not require a person to undergo a medical procedure to be recognised as a transsexual. Two Ticks' Symbol A sign awarded by Jobcentre Plus to employers who are positive about employing disabled people and are committed to employ, keep and develop disabled staff. Version 0.9: October 2010 Page 45 of 78

46 U Unlawful Not permitted by law (as distinct from illegal which means 'forbidden by law'). On occasions, unlawful and illegal may be synonymous, but unlawful is more correctly applied in relation to civil (as opposed to criminal) wrongs. V Victimisation Subjecting a person to a detriment because they have done a protected act or there is a belief that they have done a protected act i.e. bringing proceedings under the Act; giving evidence or information in connection with proceedings under the Act; doing any other thing for the purposes or in connection with the Act; making an allegation that a person has contravened the Act. W Work Force and Profile What our workforce looks like. Make up of the people who work for an organisation. Analysing the workforce profile allows us to see how many people from different groups work for the organisation, how many men, how many women, how many disabled people, how many people from different ethnic groups, how many lesbian and gay people. It also allows us to see what kind of jobs people do, how much they are paid/at what grades to see if there are any patterns. For example, if all women in the authority were in low paid jobs and concentrated in one service area then the Trust would put in place policies and procedures to try and change this are people receiving training to enable them to move up etc. Version 0.9: October 2010 Page 46 of 78

47 Key Equality Legislation APPENDIX 1 Equality Bill 1 st October 2010 Consolidates existing legislation on sex, race, disability, sexual orientation, religion or belief and age. Brings together over 116 separate pieces of legislation into one Single Act. Strengthens the law to tackle discrimination and inequality. The 9 main pieces of legislation that have merged are: The Equal Pay Act 1970 The Sex Discrimination Act 1975 The Race Relations Act 1976 The Disability Discrimination Act 1976 The Equality (Religion or Belief) Regulations 2003 The Equality (Sexual Orientation) Regulations 2003 The Equality (Age) Regulations 2006 The Equality Act 2006, Part 2 The Equality Act (Sexual Orientation) Regulations 2007 One Single Public Sector Equality Duty. Public authority must in the exercise of its functions have due regard to the need to: Eliminate discrimination, harassment, victimisation, and any other conduct prohibited under the Act. Advance equality of opportunity between persons who share a relevant protected characteristics and those who do not; Foster good relations between persons who share a relevant protected characteristic and those who do not. Grounds upon which discrimination is unlawful has been replaced by the term Protected Characteristics. These are Age Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Religion or Belief Sex Sexual Orientation. Makes it unlawful to discriminate (treat less favourably) either directly or indirectly because of a protected characteristic in relation to employment; supply of goods and services including education etc. The Act has strengthened and extended the types of discrimination in order to eliminate discrimination, harassment, victimisation. These include: Direct Discrimination Indirect Discrimination Associative Discrimination Perception Victimisation Harassment Third Party Harassment Disability

48 Equality Bill 1 st October Continued Requires reasonable adjustments to be made in particular circumstances in relation to people with disabilities. A new public sector duty to consider reducing socio economic inequalities. New equality duty on public bodies. Using public procurement to improve equality. Banning age discrimination outside the work place. Gender pay and equality reports. Positive action. Strengthen the powers of employment tribunals. Protecting carers from discrimination. Offering new mothers stronger protection when breast feeding. Private members clubs. Improved protection from disability discrimination. Human Rights Act Incorporates the European Convention of Human Rights and Fundamental Freedoms (ECHR) into English domestic law; Requires, amongst other things, public authorities to act in way that is compatible with the ECHR; and ECHR gives people three types of right: Absolute (no exceptions) Limited rights Qualified rights

49 Summary of Key Equality Legislation and Guidance (under Equality Act 2010) RACE Race Relations Act 1976 The Race Relations (Amendment) Act 2000 General duty to promote race equality Specific duty to promote race equality The Race Relations Act 1976 (Amendment) Regulations GENDER The Equal Pay Act 1970 The Sex Discrimination Act 1975 Sex Discrimination (Gender Reassignment) Regulations Equal Pay Act 1970 (Amendment) Regulations The Sex Discrimination Act 1975 (Amendment) Regulations Gender Recognition Act 2004 Equality Act 2006; duty on public authorities to promote gender equality 6 th April 2007 DISABILITY Disability Discrimination Act 1995 as amended by o The Disability Rights Commission Act 1999 o The Special Educational Needs and Disability Act Disability Discrimination Act 1995 (Amendment) Regulations The Disability Discrimination Act 1995 (Pensions) Regulations Disability Discrimination Act Duty on Public Authorities to promote disability equality 4 th December 2006 Mental Capacity Act Mental Health Act SEXUAL ORIENTATION Article 8, European Convention on Human Rights Equality (Sexual Orientation) Regulations Civil Partnerships Act 2004 Equality Act 2006; gives power to outlaw further aspects of discrimination by statutory instrument (goods and services, education, exercise of public functions, disposal and management of premises) The Equality Act (Sexual Orientation) Regulations April 30 th 2007 RELIGION OR BELIEF AGE Equality (Religion or Belief) Regulations Equality Act 2006; outlaw discrimination in provision of services, exercise of public functions etc on grounds of religious belief - The Equality Act 2006 (Commencement No.2) Order 2007 April 30 th 2007 Equality (Age) Regulations st October 2006 CARERS Carers (Equal Opportunities) Act 2004

50 APPENDIX 2 NHS Equality and Diversity Framework (Page 1 of 3) In addition to Equality Legislation, there is a wide range of Government and NHS initiatives and policies relevant to Equality and Diversity. Some of these include: The NHS Plan This recognises that people live in a diverse society and sets out core principles to shape its services around needs and preferences of individual patients, their families and their carers. The NHS Constitution The NHS Constitution establishes the principles and values of the NHS of England. It sets out rights to which patients, public and staff are entitled, and pledges which the NHS is committed to achieve, together with responsibilities which the public, patients and staff owe to one another to ensure that the NHS operates fairly and effectively. All NHS bodies and private and third sector providers supplying NHS services will be required by law to take account of this Constitution in their decisions and actions. NHS Performance Assessment Framework This is a performance management tool for use within the NHS designed to strengthen existing performance management arrangements, with a view to supporting all organisations to provide the highest quality of care. Performance is measured through national indicators on a quarterly basis. Working Together Securing a Quality Workforce for the NHS, is the National Human Resources Strategy, it says The link between quality service and quality management of staff is at the heart of all good employment practice. The Vital Connection An Equalities Framework for the NHS (DoH 2000). This promotes the connection between recruiting a diverse workforce and the provision of appropriate service to diverse communities. It has been promoted by the Department of Health (DOH) as a basis for all strategies relating to equality and diversity. National Service Frameworks These are policies set by the NHS to define standards of care for major medical issues such as cancer, coronary heart disease, mental health and diabetes. NSFs are also defines of some key patient groups including children and older people. Improving Working Lives Standards This standard focuses on employment practices and requires NHS employers to demonstrate that they are: tackling discrimination and harassment, and providing healthy and safe workplaces, together with other measures to support staff and improve retention. Positively Diverse This promotes an audit tool kit and a programme of change management and organisational change contained within a field book, which is used to assess where an organisation is now, where it wants to be, and how it will know when its got there. Looking Beyond Labels The aim of this guide is to highlight areas of best practice that organisations need to consider in the employment of disabled people. It looks at how they can ensure that disabled people receive fair treatment, in all aspects of employment.

51 NHS Equality and Diversity Framework (Page 2 of 3) Valuing People Now This sets out the Government s Strategy for people with learning disabilities over a three year period (2009/2012). It also responds to the main recommendations in Healthcare for All, the independent inquiry into access to healthcare for people with learning disabilities. Healthcare for All highlighted the poor treatment and services that people with learning disabilities have received historically from the NHS and are still (or still not) receiving. The Valuing People Now Strategy: Addresses the support, people with learning disabilities and their families, need. Reflects the changing priorities across Government which impact directly on people with learning disabilities. Sets out Government s response to the ten main recommendations in Healthcare for All. Provides a further response to the Joint Committee on Human Rights Report A life Like Any Other. Welfare to Work New Deal This publication addresses two questions: Can Welfare-to-Work expand employment? And Has Britain s New Deal for young people actually done so, and have its benefits justified the cost? Clinical Governance Clinical governance is the system through which NHS organisations are accountable for continuously improving the quality of their services and safeguarding high standards of care, by creating an environment in which clinical excellence will flourish. Local Delivery Plans These set out the way forward for providing health services which meet the needs of local people. Agenda for Change Knowledge and Skills Framework The NHS Knowledge and Skills Framework (KSF) and Related Development Review process defines and describes the knowledge and skills which NHS staff need to apply in their work in order to delivery quality services. This includes Core Dimension 6: Equality, Diversity and Rights which sets out actions required by staff including attending training on equality and diversity. Building on the Best: Choice, Responsiveness and Equity in the NHS This response document draws out and develops the main themes that emerged from the 'Choice, Responsiveness and Equity' consultation, which closed on 11 November The document suggests that the consultation reached some 110,000 people and that several recurring themes came out from the comments received. It broadly sets out how the Government will make NHS services more responsive to patients, by offering more choice across the spectrum of healthcare. Race Equality Action Plan DoH February 2004 This promotes leadership and race equality in the NHS. The ten-point plan has five service delivery targets and five staff development targets. Among these is the requirement of Senior Managers in the NHS to offer mentorship to staff from black and ethnic minority groups. Performance Management of Disability, Gender and Race Equality Schemes - DoH Whilst recognising that Trust have not responded sufficiently well to the General and Specific Duties required of them under the Race Relations (Amendment) Act 2000, Disability Discrimination Act 2005 and the Equality Act 2006, Strategic Health Authorities are now required to performance manage Trusts in the area of equality scheme.

52 NHS Equality and Diversity Framework (Page 3 of 3) Care Quality Commission Inspecting, Informing and Improving Standard C7e. One of the Care Quality Commission s strategic goals is to encourage respect within services for people s human rights and for their diversity, and to promote action to reduce inequalities in people s health and experiences of healthcare. Core Healthcare organisations are expected to implement standards in ways which challenge discrimination, promote equity of access and quality of services, reduce inequalities in health, and respect and protect human rights. All NHS trusts were required to register with the CQC by April The CQC will make sure that NHS trusts are complying with the new essential common quality standards, which replaced Standards for better health. It is designed to help us make sure our services are good and in particular that they meet the needs of users and carers. The CQC takes action if providers don t meet essential quality standards, or if there is reason to think that people s basic rights or safety are at risk. The CQC has a new, wide range of enforcement powers, such as fines and public warnings, and can be flexible about how and when to use them. It can apply specific conditions in response to serious risks. To review the standards which make specific reference to Equality and Diversity - Please see Appendix 6.

53 APPENDIX 3 THE UK HUMAN RIGHTS ACT 15 BASIC RIGHTS The UK Human Rights Act contains 15 basic rights: the right to life; the right not to be tortured or treated in an inhuman or degrading way; the right to be free from slavery or forced labour; the right to liberty and security; the right to a fair trial; the right to no punishment without law; the right to respect for private and family life, home and correspondence; the right to freedom of thought, conscience and religion; the right to freedom of expression; the right to freedom of assembly and association; the right to marry and found a family; the right not be discriminated against in relation to the enjoyment of any of the rights contained in the European Convention; the right to peaceful enjoyment of possessions; the right to education; and the right to free elections. For further information about human rights, please visit the following useful websites: Department of Health British Institute of Human Rights Equality and Human Rights Commission Ministry of Justice

54 PROVISIONS CURRENTLY IN PLACE FOR PEOPLE WITH PROTECTED CHARACTERISTICS All Equality Groups Single Equality Scheme & Action Plan Equality Impact Assessments Description APPENDIX 4 The Trust has an Equality Scheme which ensures that no one is discriminated on the grounds of their protected characteristic (age / gender / disability / religion & belief / sexual orientation / maternity & pregnancy / marriage & civil partnership / gender re-assignment / carer status). The Trust consulted widely with all Equality Groups in November / December The Trust undertakes Equality Impact Assessments of all new and existing policies and services in relation to service delivery and employment to ensure that no one is discriminated against on the grounds of their protected characteristic. The outcomes of this assessment, highlights any potential issues and ensure mechanisms are put in place to address. Patient & Public Engagement Team E&D Training Promotion Partnership Working Trust Policies for staff The Team attend various community groups including: Borough wide Networks (links in with communities in Wigan Borough, including BME / Disabled Forums). Health & Social Care network (Part of CVS) Local Authority Neighbourhood Services Team Equality and Diversity Presentation delivered on a monthly basis to all new Trust Staff at Trust Induction. All Trust staff are required to undertake Equality and Diversity Training every 3 years. Equality and Diversity Training delivered to Trust Board Members and Equality and Diversity Champions. Regular updates in the Trust s Monthly Newsletter Focus. Regular Global s sent to all staff. Regular updates on the Trust s Internet and Intranet Websites. Trust s Equality and Diversity s attend: Equality and Diversity North West Forum - Informal Bi-monthly meetings & On-line Communication Forum. SHA Equality and Diversity Network Meeting - Bi-monthly meetings to be held from October Equality, Diversity and Inclusiveness in Policy Grievance Policy Disciplinary Policy Code of Conduct Policy Recruitment & Selection Policy Special Leave Policy Flexible Working Policy Maternity, Paternity and Adoption Leave Policy

55 Race / Culture & Belief Chapel facilities available on all Main Hospital Sites RAEI / Leigh / Wrightington Multi-Faith Theatre Gowns Special Dietary Requirements Fair Trade Products used by Catering Themed Menus in Dining Rooms Religious Festivals - Global Cultural Beliefs Handbook Multi-faith Calendar Access to Interpreter & Translation Services Description Chapels located at Royal Albert Edward Infirmary, Leigh Infirmary and Wrightington Hospital. (Chapel officially opened at Wrightington on 21 st May 2010). Absolution Facilities available on all of these sites. Although there is no chapel based at the Thomas Linacre Out-patient Centre, a room can be made available on request. Trust purchased a supply of multi-theatre gowns in October Available on request. Will be made available on request for Patients & Staff. Fair Trade Products are purchased by the Catering Department and used on all hospital sites. Themed menus planned on an ad hoc basis by the Catering Department on all hospital sites for staff and patients. Global informing all staff about forthcoming religious events / festivals sent to all staff on a monthly basis by Anne Edwards, Chaplain. Cultural Beliefs Handbook available on all Trust Wards and Departments for Staff. New multi-faith calendar to be produced for all wards and department areas for January to December To be accessible via E&D Trust Intranet and Internet Web Pages. Trust Policy on Access to Interpreter and Translation Services under review. All Interpreter and translation services to be reviewed. New Service Level Agreement set up with Language Empire. Partnership Working Promotion of Cultural / Religious Events in collaboration with Primary Care Trust / Wigan Council / Wigan Leisure Culture Trust Engagement with Ethnic Minority Groups E&D Project attends Cultural Exchange Group Meetings (chaired by Wigan Council, attended by PCT, WLCT, Greater Manchester Police / Ambulance etc.). Meetings held bi-monthly. Global sent to all staff. Internet & Intranet Updates. Local event arranged for staff from Eastern European Community (June 2008). Focus Group set up by Human Resources & Patient and Public Engagement to enable the Trust to try and gain a better understanding of the culture and potential barriers to gaining employment and accessing health service that the Eastern European Community experience.

56 Disability Access Audits undertaken of all hospital sites in 2003/2004. Disability Discrimination Act and Building Regulations Part M standards. Induction Loops DisabledGo On-line Disabled Access Guide Partnership Working Interpreter & Translation Services Accessibility Trust Web Pages Promotion of Disability Events in collaboration with Primary Care Trust / Wigan Council / Wigan Leisure Culture Trust Mobile Sight Loss Unit Description The Trust commissioned independent assessors to conduct access audits in 2003/2004, and have continuously worked towards making reasonable physical alterations as identified within the audits on all Trust sites. All new works are designed and constructed in accordance with the Disability Discrimination Act and Building Regulations Part M standards. The Trust has Induction Loops available on each of the hospital sites for patients with hearing impairments. The Trust has commissioned DisabledGo to produce a new on-line guide. This provides detailed, accurate information, so disabled people can find out more about the access they will find when visiting the Trust s healthcare services. Equality and Diversity Project / Trust Representative attends Wigan Access Group Meetings (local disabled community group). Meetings held bi-monthly. All Patient Information, letters, reports and correspondence can be made available in the patient s preferred format (for example, large print, audio, braille & other languages). Under the new Equality Act, the Trust needs to ensure that its Web Site complies with Equality Law. Web Pages currently under review. Global sent to all staff. Internet & Intranet Updates. The Trust s Orthoptic Department, co-ordinates on site visits from a Mobile Sight Loss Unit (Action for Blind People). Staff, patients, carers and family members who work with, or have contact with people with visual impairment are given the opportunity to see what is available both locally and nationally to help and support these people. Trust Safeguarding Adults The Trust seconded a Full-time Safeguarding Adults from March 2010 attends: Wigan Adult Safeguarding Board (attended by all major agencies in Wigan i.e. PCT / council / WLCT / Police etc.) Learning Disabilities Partnership Health Forum (chaired by PCT) A&E Learning Disability Interface Meetings (chaired by PCT) Trust Dementia Group Meetings (Bi-monthly)

57 Age Concern Age Description Age Concern is based at RAEI. This Hospital Information and Support Service aims to provide shortterm support to people aged 50 and over who are admitted into Royal Albert Edward Infirmary, Wigan Promotion of Age related Events in collaboration with Primary Care Trust / Wigan Council / Wigan Leisure Culture Trust Global sent to all staff. Internet & Intranet Updates. Gender & Sexual Orientation & Gender Reassignment Marriage & Civil Partnership Separate Baby Change & Breast Feeding Room at Thomas Linacre Centre Out-Patient Centre Baby Change Facilities Description Separate Baby Change & Breast Feeding Room at Thomas Linacre Centre Out-Patient Centre. Separate Breast Feeding Room currently being reviewed at Royal Albert Edward Infirmary / Leigh Infirmary and Wrightington Hospital. Room however can be made available on request in the interim. Baby Change Facilities available on all of the hospital sites. Same Sex Accommodation Mixed sex accommodation has been virtually eliminated in all of the Trust s hospitals. Promotion of Gender / Sexual Orientation related Events in collaboration with Primary Care Trust / Wigan Council / Wigan Leisure Culture Trust Flexible Working Policy Special Leave Policy Maternity, Paternity and Adoption Leave Policy Carer Carers Support Team: Close links with Wigan Council s, Adult Services, and Carers Support Team. Promotion of Carer related Events in collaboration with Primary Care Trust / Wigan Council / Wigan Leisure Culture Trust Global sent to all staff. Internet & Intranet Updates. Trust policies implemented for staff. Description A Carers Project Worker holds clinics at the Trust, providing support for carers and helping with any difficulties carers may have while the person they care for is in hospital or attending out-patient appointments. Global sent to all staff. Internet & Intranet Updates. Maternity & Pregnancy Maternity, Paternity and Adoption Leave Policy Flexible Working Policy Trust policies implemented for staff. Description

58 Single Equality Scheme Action Plan To create the right conditions for our staff to put our patients needs at the heart of everything we do