Workforce Race Equality Standard (WRES) Progress Report 2016

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1 Workforce Race Equality Standard (WRES) Progress Report 2016 Approved by the Haringey CCG Quality Committee in October 2016 Haringey Clinical Commissioning Group River Park House 225 High Road Wood Green London N22 8HQ Telephone:

2 1. Introduction 1.1 The NHS Equality & Diversity Council pledged its commitment to improve equality across the NHS from April One of the ways of improving equality was the introduction of the Workforce Race Equality Standard (WRES) which measures NHS organisations against a number of indicators on workforce equality. 1.2 In July 2015, NHS Haringey CCG published its first Workforce Race Equality Standard (WRES) report which showed how the CCG measured against the nine WRES indicators for the period Since 2015 NHS England has revised two of the nine indicators (indicators 1 and 9). 1.3 This report shows how the CCG has progressed against the nine indicators for the period and includes (where applicable) a comparison to the WRES data published in The report also contains recommended actions for the CCG to implement in to improve the CCG s position in relation to race equality. 1.4 In order to demonstrate how the CCG meets each indicator, data has been collated from several sources, including workforce data from Electronic Staff Records (ESR); local demographic data from the 2011 Census as recommended in the WRES guidelines; and the results from the CCG staff survey in 2015 which included specific questions on equality (see indicator 5-8 for details). The data on recruitment and non-mandatory training and CPD have been gathered from the April 2015 March 2016 records. 2. Background and context 2.1 The NHS Equality and Diversity Council announced on 31 July 2014 that it had agreed action to ensure staff from black and minority ethnic (BME) backgrounds have equal access to career opportunities and receive fair treatment in the workplace. This was in response to the evidence of systemic workforce race discrimination in the NHS (Kline, R. 2013; 2014) and the evidence of the impact of workforce race discrimination on patient experience and care (Dawson, 2009: West, M 2012). 2.2 The Equality and Diversity Council pledged its commitment, subject to consultation with the NHS, to implement two measures to improve equality across the NHS, which would start in April The first is a Workforce Race Equality Standard (WRES) that would, for the first time, require organisations employing almost all of the 1.4 million NHS workforces to demonstrate progress against a number of indicators of workforce equality, including a specific indicator to address the low levels of BME Board representation. 2

3 2.3 Alongside the WRES, the NHS has made the Equality Delivery System (EDS2) mandatory. This is a toolkit, used across the NHS, which aims to help organisations improve the services they provide for their local communities and provide better working environments for all groups. 2.4 The WRES requires NHS organisations to demonstrate progress against a number of indicators of workforce equality, including a specific indicator to address the low levels of Black and Minority Ethnic (BME) Board representation. 2.5 The WRES has also been included in the 2015/2016 NHS standard contract and the CCG is working with local providers to ensure compliance against this requirement. 3. How the WRES applies to the CCG s duty 3.1 Under the NHS Constitution, CCGs and NHS England are required both as employers and as commissioners to take account of the NHS Constitution in their decisions and actions: The rights are there to help ensure that staff are treated fairly, equally and free from discrimination; CCGs provide all staff with personal development, access to appropriate education and training for their jobs, and line management support to enable them to fulfil their potential (pledge); CCGs have a duty not to discriminate against patients or staff and to adhere to equal opportunities and equality and human rights legislation. 3.2 The Public Sector Equality Duty (PSED) came into force on 5 April The Equality Duty applies across Great Britain to the public bodies listed in Schedule 19 (as amended) and to any other organisation when it is carrying out a public function. It requires public bodies to: have due regard to the need to eliminate discrimination; advance equality of opportunity; foster good relations between different people when carrying out their activities. 3.3 The Equality Act 2010 (Specific Duties) Regulations 2011 came into force on 10 September The specific duties require public bodies to publish relevant, 3

4 proportionate information showing compliance with the Equality Duty, and to set equality objectives. 3.4 In accordance with the Public Sector Equality Duty, the NHS England Technical Guidance on the Workforce Race Equality Standard requires Clinical Commissioning Groups to have due regard to the Workforce Race Equality Standard as a means of meeting that duty. 4. Rules for CCGs 4.1 CCGs are required to have due regard to the WRES in respect of their own workforce. It is recognised that the small size of many CCGs means that a literal application and interpretation of the indicators should be approached with caution. 4.2 Whilst the provisions of the NHS Standard Contract require CCGs to seek assurance from, and receive an annual report from providers, they are not required by the Standard Contract to apply the Workforce Race Equality Standard to themselves. However, CCGs should publish WRES reports and use the data to develop equality objectives to demonstrate due regard to race equality under the public sector equality duty. 5. The WRES indicators The following table outlines the workforce race equality standard indicators that the CCG are required to report on for the period

5 5.1 Based on the feedback from the WRES baseline data returns and from engagement with the NHS, including via regional NHS WRES workshops conducted during 2015/16, the wording for two of the WRES indicators has been revised. WRES Indicator 1 now asks for the percentage of BME staff in each of the Agenda for Change bands and VSM (including executive Board members), as opposed to just in bands 8a-9 and VSM. This will help organisations to identify career progression 5

6 blockages that surface within the bands 1-7, in addition to potential blockages within the senior management bands. WRES Indicator 9 now requires the percentage difference between the organisations BME board voting membership and its overall BME workforce. The previous indicator 9 was vague and focused upon comparison of the Boards BME representation with the BME population served. It is widely acknowledged that the population served boundaries for many NHS organisations are not always clear. Many organisations cover a number of regions, or parts of regions. The revised Indicator is based upon the goal of organisations moving towards having workforces that are representative of the local populations served, and Boards that are reflective of those workforces. 6. WRES implementation milestones The following milestones have been set by NHS England which NHS organisations must follow. The deadline for CCGs to submit their WRES report is 1 August

7 7 NHS Haringey CCG s commitments 7.1 Haringey CCG employed 91 1 staff as at March This figure includes Governing Body members and GP Clinical Leads who, whilst are not staff of the organisation, are officer holders of the CCG. For the purposes of this report, these individuals have been included as staff in the workforce data. We have used the 2011 Census data (section 8) to compare the workforce data by White and BME. 7.2 Generally speaking, the information on which this report is based has been given voluntarily by individuals when applying for a post with the organisation. This information is recorded on the NHS recruitment database. Once a candidate is appointed, the information is transferred onto another database, the Electronic Staff Record. Due to the small numbers involved, it is important to treat the percentages given with some caution: a small change in number could lead to a large change in the percentage. 7.3 Haringey CCG acknowledges that given its size it may be difficult to apply the WRES precisely to its workforce. It will, however, have due regard to the WRES and will produce relevant information to inform workforce planning. 7.4 The CCG, in exercising due regard, will apply the WRES to its workforce using the key case law principles known as the Brown Principles 2. It will give due regard to using the indicators contained in the Workforce Race Equality Standard to help improve workplace experiences, and representation at all levels within its workforce, for Black and Minority Ethnic staff; and assurance, through the provision of evidence, that its Providers are implementing the NHS Workforce Race Equality Standard. 7.5 In order to ensure sustained compliance and continuous improvement, the CCG will use the WRES recommendations in EDS2 grading and equality objective setting. 8 Haringey borough demography and CCG workforce 8.1 The WRES indicators require the CCG to show how it s progressing race equality in the workforce. There is a specific indicator on the Governing Body members (Indicator 9) which requires the CCG to compare its Governing Body members with the current workforce. In order to show the progress on the WRES 1 The figures includes Appointed voting members (Lay Members, Secondary Care Clinician and Registered Nurse) and Elected voting members (GP s, Practice Manager and Practice Nurse)

8 in , and how reflective the CCG is of the population it serves, we have included the local population data and a breakdown of the current workforce below (table 1 and chart 1 and 2). 8.2 The population of Haringey is very diverse, as shown in the below table. According to the 2011 census, the population of Haringey comprises: White 61% and BME 39%. We have used the codes A to C to show the makeup of the White population and from D to S to show the makeup of the BME population. The same codes have been used to show the representation of BME workforce across all nine indicators. Table: 1 Haringey Population (Source: 2011 Census) Code Ethnicity Number % A White-British B White - Irish C Any other White background D Mixed White and Black Caribbean E Mixed White and Black African F Mixed White and Asian G Any other mixed background H Asian or Asian British - Indian J Asian or Asian British Pakistani K Asian or Asian British Bangladeshi L Any other Asian background M Black or Black British Caribbean N Black or Black British - African P Any other Black background R Chinese S Any other ethnic group Z Not stated Total Total A-C (White) % Total D-S (BME) % 3 C includes Gypsy or Irish traveller 4 S includes Arab and another ethic groups 8

9 8.3 As mentioned in section 1, Haringey CCG published its first WRES data in The below charts show the changes in the workforce since April Chart 1 is based on the current workforce of 91 5 staff and Chart 2 is based on the total workforce of 65 staff 6 as at 31 st March Chart 1: Workforce as at 31 March % Chart 2: Workforce as at March 31st % 41% 54% 38% 59% A-C (White) D-S (BME) Z (Not disclose) A- D White D-S BME Z - Not disclosed 8.4 In 2016 the BME workforce has increased by 3% from 38% in The White workforce has decreased by 5%. The not disclosed category has increased from last year by 2%. 9. Haringey CCG WRES progress report for the period The following section demonstrates how the CCG has progressed each of the nine WRES indicators for the period from April March 2016 and includes (where applicable) a comparison to the WRES data published in The indicators are separated into three sections: Workforce indicators (1-4) compares the data for White & BME staff National NHS staff survey indicators (5-8) compares outcomes of the responses for White and BME staff Board representation indicator (9) compares the difference for White & BME staff and Haringey population. 5 This figures include GB voting members and GP Clinical Leads 6 This figures included employees only 9

10 9.2 Workforce indicators (1-4) Indicator 1 Percentage of staff in each of the AfC Bands 1-9 and VSM (including executive Board members) compared with the percentage of staff in the overall workforce. *Note: Organisation should undertake this calculation separately for non-clinical and for clinical staff. Table 2: CCG workforce as at 31 st March 2016 Ethnic Code Range 1-7 Range 8-9 and VSM Office Holders Total Number % Number % Number % Number % of staff of staff A-C (White) 12 41% 28 78% 9 56% 49 54% D-S (BME) 16 55% 8 22% 3 19% 37 41% Z (not 1 3% 0 0% 4 25% 5 5% disclosed) Total Staff % % Table 3: Workforce as at 31 st March 2015 Ethnic Code Range 1-7 Range 8-9 and VSM Total Number % Number % Number % of staff of staff of staff A-C (White) 9 31% 28 78% 37 57% D-S (BME) 18 62% 8 22% 26 40% Z (not disclosed) 2 7% 0 2 3% Total Staff % % % 9.3 Key Finding: BME staff make up 55% of the Haringey CCG workforce in bands 1-7 and only 22% in range 8-9 and VSM. The 2015 WRES reported only on Bands 8-9 and VSM. As mentioned in paragraph 5.1 WRES Indicator 1, now asks for the percentage of BME staff in each of the Agenda for Change bands and VSM (including executive Board members), as opposed to the latter. For comparative purpose, the CCG has kept the grouping of the data to Band 1-7, and from 8 to 9 and VSM and has created a separate category for Office Holders (Governing Body members) who do not fit under either of the first two categories and they are not staff of the CCG. 10

11 9.4 There has been a decrease in the proportion of White staff from 57% (37) in 2015 to 54% (49) in 2016 and a 1% increase in the total number of BME staff from 40% (26) in 2015 to 41% (37) in The number of White staff in Bands 1-7 has increased by 10% (3) since 2015 while the number of BME staff has decreased by 7% (2). The makeup of the ethnicity of staff in Bands 8-9 and VSM has remained relatively the same since Among Office Holders, 56% are White and 19% are from BME backgrounds. 9.6 Indicator 2 Relative likelihood of BME staff being appointed from shortlisting compared to that of White staff being appointed from shortlisting across all posts. Table 4: Recruitment data from and Application Shortlisted Appointments Ethnic Code A-C (White) D-S (BME) Z (Not Disclosed) Number % Number % Number % % 28% % 30% % 54% % 66% % 57% % 38% % 6% % 12.5% 0 1 0% 8% 9.7 Key Finding: 2016 Recruitment data shows that White shortlisted candidates have a high 1 in 4 chance of being appointed compared to BME shortlisted candidates who have a 1 in 10 chance of being appointed: BME Staff: 63 BME applicants were shortlisted and 6 were appointed = 1:10 ratio White Staff: 28 White applicants were shortlisted and 7 were appointed = 1:4 ratio 9.8 According to 2016 data, in terms of shortlisting, a higher proportion of BME applicants were shortlisted (62%) than White applicants (27.7%). At the interview stage, a lower proportion of BME candidates were appointed (46%) compared with White candidates (54%). 11

12 9.9 It is worth noting that recruiting managers do not see applicants ethnicity as we use the TRAC recruitment system. Names and ethnicity are only seen once candidates are at the interview stage and interview packs are sent out. Therefore there is less likelihood of discrimination or bias at the shortlisting stage Indicator 3 Relative likelihood of BME staff entering the formal disciplinary process, compared to that of White staff entering the formal disciplinary process, as measured by entry into formal disciplinary investigations Haringey CCG commissions HR services from NEL CSU. Our designated HR Business Partner monitors data on involvement in disciplinary procedures through their internal process. There were less than 5 disciplinary cases reported in Where the disciplinary cases are less than 5, the CCG will not mention the number to maintain the anonymity of the individuals involved Indicator 4 Relative likelihood of BME staff accessing non-mandatory training and CPD as compared to White staff. Table 5: Haringey CCG Non-mandatory training members of staff applied for non-mandatory training as of 31/3/2016. There were some staff that had been approved for more than 1 training application but still counted each approval. There were three declined requests for nonmandatory training applications and the ethnicity breakdown was: White = 1 and BME = Key Finding: Ethnic code Number of staff undertaking nonmandatory training 2016 A-C (White) 17 59% 10 59% D-S (BME) 12 41% 7 41% Z (Not disclosed) Number of staff undertaking non-mandatory training 2015 Of those individuals who accessed non-mandatory training, the proportion of BME staff was 41% compared to 59% of White staff. This figure is proportionate to the overall BME staff in the workforce of 41% (see earlier Table 2). These figures have not changed compared with the 2015 figures. 12

13 It should be noted, that a number of non-mandatory training courses were organised by the CCG Organisation Development Lead (Head of Communications) in early 2016 including Recruitment and Selection training and Managing Sickness, Performance and Disciplinary training. It became apparent when drafting this report that attendance on these (non-mandatory) courses had not been included in the data submitted to the CCG WRES Lead but it is recommended that this type of training attendance data currently recorded on the OLM system is accessed for WRES analysis in future years along with the records of non-mandatory training request forms that are approved at SMT National NHS staff survey indicators (5-8) 9.16 National NHS Staff Survey 2015 Haringey CCG Results The National Staff Survey 2015 contains ethnic group breakdowns for the following questions: Q17b, KF25, KF26, and KF21, as required for the Workforce Race Equality Standard (WRES) 9.17 The National Staff Survey also notes: In order to the preserve anonymity of individual staff, where there were fewer than 11 responses to a question, responses are not displayed Indicator 5 (Key Finding 25): Percentage of staff experiencing harassment, bullying or abuse from patients, relatives or the public in last 12 months Code Overall % (Yes) Base Number A-C (White) 9% 33 D-S (BME) 5% Indicator 6 (Key Finding 26): Percentage of staff experiencing harassment, bullying or abuse from staff in last 12 months. Code Overall % (Yes) Base Number A-C (White) 15% 34 D-S (BME) 15 % 20 13

14 9.20 Indicator 7 (Key Finding 21): Percentage of staff believing that the trust provides equal opportunities for career progression or promotion. Code Overall % (Yes) Base Number A-C (White) 83% 24 D-S (BME) Nil Documented Indicator 8 (Q17b): In the last 12 months have you personally experienced discrimination at work from any of the following? - Manager / team leader or other colleagues. Code Yes % No % Base Number A-C (White) 6% 94% 35 D-S (BME) 5% 95% Brief summary of results from NHS Haringey CCG Key Finding: Overall no significant differences observed between White and BME staff on answers to the staff survey questions. The brief summary of results from NHS Haringey CCG confirms that the staff engagement scores were 3.73% against the national average of 3.97%. Overall staff engagement scores for BME staff and white staff were almost identical (3.67 and 3.75 respectively) Haringey CCG Staff Survey Group A Haringey CCG Staff Survey Group, comprising staff from different teams and levels of the organisation, initially met in March 2016 to discuss the results of the 2015 National Staff Survey and have had subsequent meetings led by the HCCG Head of Communications. It was proposed that the purpose of the group would be: To explore some of the themes that came out of the staff survey in more depth To make recommendations to support improvements in those areas to be presented to the senior management team To test out recommendations with other colleagues 14

15 The group s recommendations have been presented to the senior management team and a number of agreed actions have been taken in order to respond to the findings of the survey Indicator 9 Percentage difference between the organisation s Board voting members and its overall workforce As outlined in paragraph 5.1 the previous indicator 9 was vague and focused upon comparison of the Boards BME representation with the BME population served. The revised indicator requires the CCG to compare its Governing Body (GB) members with the BME staff employed in the organisation. The CCG has decided to compare the data on GB members both with the population and also the staff it employs, which will give a clearer picture show whether the Governing Body is representative There have been some changes in the makeup of the Governing Body Members since our first WRES report which we have shown in the table below: Table 6: Governing Body Members (2016 and 2015) Code GB Voting Members 2016, compared with CCG staff and population GB Members 2015 Number % CCG staff Population Number % A C (White) 9 56% 54% 61% 12 86% D-S (BME) 3 19% 41% 39% 2 14% Z (Not disclosed) 4 25% 5% 9.27 Key Finding:. The 2016 data shows that the Governing Body BME membership of 19% is under represented compared to the workforce which is 41% and the Haringey population which is 39% In view of the high number of non-disclosure from GB Members (25%), when compared to the demographic information from the 2011 Census, it is difficult to determine whether the Board is representative of the local community or BME staff employed in the CCG. The CCG will update the ethnicity data of all GB members in

16 10. Conclusion 10.1 The CCG has analysed all WRES data and the progress against its action plan by using a consistent and robust process to ensure due regard to race equality. However, the data in all nine indicators should be considered with caution as a small change in the numbers can create a disproportionate variance in the percentage because of the CCG s small organisation size The CCG has shown good progress in recording data for the WRES since its introduction in April However, there are still some gaps that need to be addressed. For example, the CCG needs to update the data on GB members and Office Holders to enable future comparison of the data with the local population to show further progress in race equality within the CCG The priority areas of focus over the coming year have been set out in the Workforce Race Equality Standards Action Plan (See Appendix 1). This action plan will inform the equality objectives 7 action plan for and will be managed through Equality Delivery System 8 and be monitored by the leads in the CCG and NEL Commissioning Support Unit. 7 Equality Objectives a mandatory tool for NHS organisations 16

17 Appendix 1: WRES Action Plan (Draft) Indicator Action Outcome Lead Deadline Status 1) Percentage of staff in each of the AfC Bands 1-9 and VSM (including executive Board members) compared with the percentage of staff in the overall workforce 2) Relative likelihood of BME staff being appointed from shortlisting compared to that of White staff being appointed from shortlisting across all post. The following requirements/good practice recommendations are included in new Haringey Recruitment & Selection policy: i) Ensure all interviewers for Band 8a and above jobs have completed mandatory equalities and diversity training and Lead interviewer to have completed recruitment and selection training (including unconscious bias) ii) For all interviews for Band 8a and above jobs, it is highly recommended that a BME panel member is invited on the selection /interview panel HR to develop/amend interview record sheet to record the ethnicity of interview panel members and record whether the relevant recruitment and E&D training has been undertaken by panel members (see above) Having a BME staff member present at all Band 8a and above interviews will be a mitigation against unconscious bias. (NB: out of 36 members of CCG staff at Band 8a and above, 8 (22%) BME, 28 (78%) White). Workforce Lead and OD Lead February

18 End of year interview panel audit to include review of BME members and recruitment and selection training by interviewers 4) The relative likelihood of staff accessing nonmandatory training and CPD 9) Percentage difference between the organisations Board voting members and its overall workforce In 2017, CCG WRES Lead to liaise with HR to ensure OLM system is accessed along with SMT training request forms when analysing data for Workforce WRES indicator 4. Repeat request to Governing Body membership to disclose ethnicity as action from 2016 WRES report All records of staff attendance at non-mandatory training are used to review compliance with Workforce indicator 4. Governing Body members to disclose their ethnicity and GB voting members reflective of t he staff and local community CCG WRES Lead April 2017 Workforce Lead and OD Lead February 2017 Look at establishing a formal mentorship programme for staff from BME communities who are interested in applying for future Governing Body posts. Completed or in place IP In Progress Not progressing Not due to start yet 18

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