Equality, Diversity & Human Rights Strategy. (incorporating the Single Equality Scheme)

Transcription

1 Equality, Diversity & Human Rights Strategy (incorporating the Single Equality Scheme)

2 CONTENTS Title Page Number Foreword 3 Vision Statement 4 Background and Strategic Aims 4 Scope 6 Overview of Equality, Diversity and Human Rights 6 Next Steps and Action Planning 11 Accountabilities and Responsibilities 12 Assurance Processes 12 Appendix A 13 2

3 FOREWORD We are delighted to launch Solent NHS Trust s first Equality, Diversity and Human Rights Strategy which covers the period October 2010 October 2013 and incorporates the organisation s Single Equality Scheme. We believe that successful organisations are those in which every person - whether an employee, service user, or member of the public - feels valued and respected. Solent NHS Trust is committed to achieving excellence in healthcare and ensuring that patient choice is at the heart of service delivery. We will strive for a culture of inclusivity that encourages, supports and maximises the potential of all our employees, ensuring that each and every member of staff is trained, committed and able to deliver the highest standard of care. This strategy builds on a number of initiatives that have evolved within Solent NHS Trust and its predecessor organisations over recent years. It provides a clear picture for the next three years in terms of what we aim to achieve in relation to equality, diversity and human rights and demonstrates our commitment to delivering an effective diagnostic and implementation programme. It is anticipated that much of the work will be ongoing and, for this reason, the strategy incorporates an action plan which will remain subject to regular review and amendment to ensure it continues to reflect changing priorities based on legislative developments as well as feedback from our stakeholders. Achieving our action plan is the responsibility of everyone who is connected to Solent NHS Trust. The Board is committed to monitoring progress against the action plan and taking whatever steps are necessary to realise our aims. We are wholly committed to embedding the principles of equality, diversity and human rights within our organisation, meeting challenges head-on and reviewing the progress we have made as we move into a new era and embrace the challenges and opportunities that lie ahead for Solent NHS Trust. Dr Ros Tolcher Chief Officer Alistair Stokes Chair 3

4 VISION STATEMENT Solent NHS Trust aims to create an environment whereby individual differences are valued and respected. We believe that any modern organisation must reflect the community and people it serves, both in terms of service delivery and employment. We aim to tackle all forms of discrimination and ensure there are no barriers to health and well-being. We will achieve this by developing our practices as a fair and transparent organisation that involves the public, patients and staff in how services and policies are created and delivered. We will develop our workforce through leadership, training and investment, supporting and encouraging research and development. Solent NHS Trust is committed to eliminating harassment and discrimination and protecting and promoting the human rights of staff and patients in all practices, policies and services provided. We seek to ensure that our services are accessible and inclusive and will work with and support patients and staff to access and improve the services that we provide through consultation and monitoring, and reviewing our systems and practices. BACKGROUND AND STRATEGIC AIMS Solent NHS Trust was created on 1 April 2010 through the integration of Southampton Community Healthcare and Portsmouth Community and Mental Health Services. It was established as part of the Transforming Community Services (TCS) agenda to support the Department of Health s objective to create modern, innovative community and mental health services that have direct benefits for patients, are responsive to local needs and promote seamless care through increased opportunities for integration of health and social care services. Solent NHS Trust is one of the largest community providers in the NHS, employing more than 4000 staff. We provide a range of community and specialist mental health services to over a million people in Southampton, Portsmouth and parts of Hampshire. This strategy explains the context of Solent NHS Trust and sets out a clear picture of what we expect to achieve in relation to equality, diversity and human rights. It outlines our commitment to developing systems and practices in line with legislation and taking a proactive approach to change for the better. Equality, diversity and human rights issues have previously been addressed by Solent NHS Trust s predecessor organisations in a number of ways. The formation of Solent NHS Trust provides an ideal opportunity to bring these various strands together into one comprehensive document and to incorporate relevant aspects of the Equality Act 2010 to ensure that the Strategy is fit for purpose into the future. This Strategy will also stand the organisation in good stead as it moves towards realising its aspiration to becoming an autonomous NHS organisation. It will be underpinned by appropriate operational policies and supported by an infrastructure which ensures ownership of equality, diversity and human rights issues throughout the whole organisation. 4

5 Solent NHS Trust has a number of legal and policy requirements to which it must adhere. This Strategy outlines how these will be met and recommends actions required to further develop the equality, diversity and human rights agenda in line with national requirements and legislative duties. Furthermore, the NHS Constitution establishes the key principles and values of the NHS in England. It sets out commitments to patients, public and staff in the form of rights to which they are entitled and pledges which the NHS will strive to deliver. The seven principles that guide the NHS are: - The NHS provides a comprehensive service, available to all irrespective of gender, race, disability, age, religion, or sexual orientation. - Access to NHS services is based on clinical need, not an individual s ability to pay. - The NHS aspires to high standards of excellence and professionalism - NHS services must reflect the needs and preferences of patients, their families and their carers. - The NHS works across organisational boundaries and in partnership with other organisations in the interest of patients, local communities and the wider population. - The NHS is committed to providing best value for taxpayers money and the most effective and fair use of finite resources. - The NHS is accountable to the public, communities and patients that it serves. Solent NHS Trust is committed to ensuring that equality and diversity are at the heart of all that we do and individual human rights are upheld. We aim to achieve this by: - Acting fairly and consistently towards all service users, staff members and communities (regardless of their age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; or sexual orientation). - Providing a welcoming inclusive environment for all the communities that we serve. - Seeking involvement from all parts of our communities and our workforce in developing, improving and sustaining our services - Working together with key stakeholders to identify and overcome barriers and to actively share knowledge and expertise - Embedding equality, diversity and human rights principles within all organisational processes and ensuring that these concepts drive our business functions. 5

6 SCOPE This Strategy applies to all those members of staff that are directly employed by Solent NHS Trust and for whom the PCT has legal responsibility. It outlines the statutory responsibilities that are anticipated will take effect when the Equalities Act 2010 becomes fully implemented. OVERVIEW OF EQUALITY, DIVERSITY AND HUMAN RIGHTS Equality Equality does not mean treating everyone the same, as some people are disadvantaged to begin with. For patients, ensuring that everyone has an opportunity to access services may mean different things to different people. As an employer, ensuring that we provide a flexible and supportive environment for staff to work in and provide opportunities for them to develop professionally. The main provisions of the Equality Act 2010 include: - definitions of the protected characteristics - the streamlining of direct discrimination, indirect discrimination, harassment and victimisation across the protected characteristics - discrimination by association or based on perception - discrimination arising from a disability - restrictions on asking pre-employment health questions - extending protection from third party harassment to all protected characteristics - pay secrecy clauses in employment contracts being unenforceable - removing the requirement for a person to be under medical supervision to qualify under the gender reassignment protected characteristic. The Act outlines seven strands of equality, as follows: - Race equality - Disability equality - Gender equality - Age equality - Religion and belief equality - Sexual orientation equality - Gender reassignment equality These seven strands are important for different reasons and equality in the respective areas can make a difference in various ways. The following provides a summary of these differences, although the examples highlighted are by no means exhaustive. Race Equality Why is race equality important? - To ensure that clients from all ethnic and cultural backgrounds have the same quality and choice of health services and treatments - To ensure that employees from Black and Minority Ethnic (BME) communities have equal access to employment and career development opportunities 6

7 How can race equality make a difference? - Through addressing the issues identified by our service users, we can develop more responsive services and real choice for service users - Addressing race equality for our employees ensures we recruit and retain a diverse workforce that is representative of and attractive to the community that we serve - A diverse workforce will be instrumental in helping the organisation to better understand the needs of people especially from BME communities and to develop more appropriate services Disability Equality Why is disability equality important? - Considering and implementing pro-active measures to address the issues surrounding disability equality enables the Trust to see the person and not the disability - Understanding disability equality means addressing the social, environmental and attitudinal barriers that can cause social exclusion and reduced self esteem amongst disabled people - Adopting a pro-active legally inclusive strategy to incorporate and overcome prejudices enables greater freedom of choice for service users and employees How can disability equality make a difference? - A thorough understanding and implementation plan will promote equality of opportunity for disabled people with the objective of breaking down barriers of discrimination and stigma - Disability equality assists in re-evaluating disability by changing relationships in the care sector Gender Equality Why is gender equality important? - To recognise our service users/clients all have different needs but have access to the same services within healthcare - To ensure that all employees have access to the same job opportunities at the same rate of pay (relative to experience and qualifications) and the same access to services - To ensure the Trust works within polices and guidelines that reflect consistent frameworks for all employees - To ensure that all employees have the same opportunities to develop careers whilst maintaining a realistic work life balance - To recognise that all employees regardless of gender have differing needs, motivations, aspirations, management styles and working methods How can gender equality make a difference? - By achieving equal, fair and consistent health outcomes for all service users/clients - By providing services which meet our client needs - By providing fair and consistent career pathways and life choices 7

8 - By demonstrating a commitment to achieving employee equality we attract and retain key employees Age Equality Why is age equality important? - To ensure that the organisation responds positively and pro-actively to differences between people that are linked to age - To address and overcome preventable inequalities between people of different age groups - To ensure that the Trust takes positive pro-active measures to maintain an environment where ageism is eradicated - To recognise that older people are statistically more likely to have a range of complex health conditions, and to ensure adequate support and access to services is developed and offered. - To recognise that younger people often fall between services during transition and to develop pro-active strategies to address and overcome this - To make sure that regardless of age, service users/clients have choices and are involved in planning their care How can age equality make a difference? - By ensuring that resources are targeted where they are needed to ensure vulnerable groups (i.e. teenagers with mental health issues or older people) have easier access to our range of services - By ensuring that we recruit and retain a robust business focused workforce with the skills to deliver our strategy - By ensuring that all our service users/clients have every opportunity to participate in and plan their care - By ensuring that all of our service users/ clients are treated with dignity, respect and consideration - By ensuring that our service user/clients feel empowered to make choices and decisions about their health and well-being Religion and Belief Equality Why is religion and belief equality important? - Respecting, understanding and responding to religion, belief and spirituality reflects our commitment to delivering patient centred care and also responding to the needs of our workforce - Complete care includes care for the physical, social, psychological and spiritual dimensions of the person. By acknowledging the complete picture, we can allow our service users/clients to fully participate in their recovery and make informed decisions about their treatment - Different cultures and faiths have a variety of views on health, ill health, birth, dying and death, and we need to be aware of the diversity which will affect their path and outcome of treatment. How can religion and belief equality make a difference? - Increasingly, research is demonstrating that there is a strong and positive link between spiritual and religious practices and well being. Enabling service users/clients to express religious and spiritual beliefs will have a positive 8

9 effect on overcoming whatever multiple losses (health, mobility, role, status, self image) may occur during ill health - Where service users/clients are coping with mental health issues, religion, belief and spirituality can provide hope and comfort which may enable progress to recovery - Supporting employees in exercising their religious belief will have a positive and sustained effect on employee retention which will impact on recruitment spend. - Supporting employees in exercising their religious belief is likely to achieve a positive and sustained reduction in managing complex employee relation cases Sexual Orientation Equality Why is equality around sexual orientation important? - A report recently written by Stonewall and the Department of Health, entitled Being the gay one (2007), demonstrates that homophobia and discrimination exist within sectors of the NHS. Implementing a clear zero-tolerance approach to attitudes of homophobia demonstrates compliance and commitment with the Care Quality Commission requirements - The National Audit Office and Stonewall estimate that around 6.5% of the national population is lesbian, gay, bisexual or transgender (LGBT), which will be reflected in the communities within which we practice. Therefore it is important to understand the difficulties and prejudices that need to be overcome to ensure we deliver consistently high quality and choice of care - Within this equality strand there are four separate groups of lesbian, gay, bisexual and transgender, each with their individual identities and needs. To meet each diverse patient and employee need it is vital that Solent NHS Trust can demonstrate an understanding of and commitment to overcoming the barriers experienced by LGBT people How can equality around sexual orientation make a difference? - By addressing the issues identified locally we can tackle these health inequalities, developing more responsive services which are appropriate to the needs of people who are LGBT - By addressing the issues identified locally we can promote awareness within the workplace so that our employees are trained to work with dignity and respect Gender Reassignment Equality Why is Gender Reassignment Equality important? - To provide appropriate support to individuals who are undergoing or intend to undergo gender reassignment by ensuring our workforce is trained to be able to deal with the particular needs of colleagues or service user/client - To ensure that transgender people are aware of and have access to the full range of services offered by Solent NHS Trust. How can equality around gender reassignment make a difference? - By ensuring our employees understand the scope and breadth of the issues that are faced by transgender service users/clients and colleagues 9

10 - By reducing the complexity and number of employee relations cases that are raised in relation to issues faced by transgender employees - By protecting the Trust from potential complaints from service users/clients in relation to issues faced by transgender service users/clients In bringing together a raft of disparate, separate laws on discrimination, the Equality Act sets out to rationalise provisions and achieve greater coherence and consistency across the protected characteristics (age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation). Diversity Diversity is concerned with recognising and valuing differences. Individuals may come from different backgrounds, speak different languages with different accents or may not be able to speak at all or see, for example. It is important to recognise that the differences between us equip and allow us to bring different qualities to the workplace and to be able to bring different options and choices to patients about how they can access the healthcare they need. Human Rights Human rights are rights and freedoms that belong to all individuals regardless of their nationality and citizenship. The Human Rights Act (1998) came into force in October 2000 in the UK. There are 16 basic rights in the Human Rights Act, all taken from the European Convention on Human Rights. These not only affect matters of life and death, but also affect people s rights in everyday life: what they can say and do, their beliefs, their right to a fair trial and many other similar basic entitlements. A human rights-based approach focuses on five key principles: - Putting human rights principles and standards at the heart of policy and planning - Ensuring accountability - Empowerment - Participation and involvement - Non-discrimination and attention to vulnerable groups. It is considered that eight of the articles contained within the Human Rights Act 1998 are relevant in the context healthcare delivery and employment. 10

11 These are demonstrated by the following diagram: Article 14: Prohibition of discrimination Article 1: Protection of property Article 2: Right to education Article 11: Freedom of assembly and association HUMAN RIGHTS ACT 1998 Article 5: Right to liberty and security Article 10: Freedom of expression Article 1: protection of property Article 1: protection of property Article 1: protection of property Article 9: Freedom of thought, conscience and religion Article 8: Right to respect for private and family life NEXT STEPS AND ACTION PLANNING Solent NHS Trust is committed to eliminating inequality, encouraging diversity, eradicating harassment and discrimination and protecting and promoting the human rights of staff and patients in all its practices, policies and services. There are a number of key actions which will enable the organisation to meet these requirements, as detailed at Appendix A. The importance of assessing the impact of policies, strategies and functions within Solent NHS Trust is paramount to reducing inequalities and improving access to all services. A priority will, therefore, be to mainstream the equality impact assessment process and incorporate human rights principles into this. It is anticipated that this will also result in an increased awareness of equality, diversity and human rights issues and lead to an improvement in the delivery of services. 11

12 ACCOUNTABILITIES AND RESPONSIBILITIES Solent NHS Trust recognises its responsibilities to implement in full its duties in respect of equality, diversity and human rights. Also to ensure all its employees understand and take responsibility for delivering this agenda. The Chief Executive has overall responsibility for the performance of the Solent NHS Trust in respect of delivering compliance with equality, diversity and human rights legislation. The Chief Executive is therefore responsible for ensuring the support and implementation of this Strategy and compliance with equality legislation. The Chief Executive further nominates the Director of Human Resources and Organisational Development to have accountability for the development and overview of the corporate policies, strategy, schemes and compliance with equality, diversity and human rights legislation. All Directors will be responsible for promoting, supporting and developing policies, procedures and systems to support the equality, diversity and human rights agenda. They will also be responsible for providing reports regarding the equality scheme action plans and progress made in their respective areas of responsibility. Associate Directors are responsible for ensuring that equality, diversity and human rights requirements are incorporated within business plans and to provide regular updates in respect of the progress against these. The Human Resources, Clinical Excellence & Quality and Communications teams are responsible for monitoring delivery in relation to relevant performance indicators. Managers are responsible for ensuring that they promote inclusivity and eliminate discrimination through the provision of services and employment of staff. All staff members are responsible for promoting equality, diversity and human rights in all respects, for eliminating discrimination and promoting equality of opportunity. ASSURANCE PROCESSES Solent NHS Trust s commitment to equality, diversity and human rights will be delivered through this Strategy and the associated action plan which will be subject to annual review and amendment as required in light of changing priorities and legislative requirements. Key performance indicators in respect of equality, diversity and human rights will be reviewed on an ongoing basis through the Equality, Diversity and Human Rights Committee and any issues escalated to the PCT Board where appropriate. An overview of progress will then be presented to the Solent NHS Trust s Board on an annual basis. 12

13 Appendix A Single Equality Scheme Action Plan No. Action Responsible Deliver By Performance Indicator RAG Status 1 Annual Report - Provide an annual Service & May Annual report. Amber report to the Solent NHS Trust Board to Workforce Leads report on progress against the Single Equality Scheme Action Plan and identifying recommendations for future developments. Progress 2 Equality Impact Assessments (EIA) - Ensure Equality Impact Assessment are consistently embedded throughout Solent NHS Trust. Head of Quality Sept Approved EIA process implemented. - Process disseminated effectively throughout the organisation - Audit compliance. Amber Options appraisal document produced and agreed by E&HR TMTM approved recruitment 3 EIA - Provide training for all staff responsible for conducting equality impact assessments. 4 EIA - Develop and implement an evidence database to support the EIA process which will lead to the identification of key actions to be undertaken in future. 5 Intranet update website to promote focus on E&HR and ensure EDS requirement for data disclosure is complied with. 6 E&HR Champions Group introduce and recruit passionate people to promote E&HR within services to deliver objectives. Head of Learning & Development July Training needs analysis undertaken. - Attendance records for training programmes. - Outcome of appraisal/ksf review process. Head of Quality July Evolving database of evidence. - Further action required identified by reference to evidence and outcomes of stakeholder feedback. - Head of Comms April Sign off Website - EDS compliance Roger Batterbury July Report outcomes to E&HR Subcommittee Amber. Red Amber Amber 13

14 Patient Service 7 Service Leads - Identify a lead within each delivery unit who will be responsible for ensuring that mechanisms are in place to mainstream equality and human rights actions at service level 8 Patient Satisfaction/Complaints Review and monitor results from patient satisfaction surveys, complaints and plaudits on a quarterly basis by reference to potential areas of discrimination in order to identify remedial action as necessary. Introduce quarterly report 9 Data Collection - review existing data collection processes relating to patients, carers and service users to ensure information is gathered as far as is practicably possible with regard to each of the nine protected characteristics and other minority groups as applicable. Workforce 10 Data Collection - Revise all existing data collection processes relating to job applicants and staff members to ensure information is gathered as far as is practicably possible with regard to each of the nine protected characteristics and other minority groups as applicable and reported to E&HR Sub-Committee 11 HR KPIs - Review and monitor key HR performance indicators by reference to potential areas of discrimination (reasons for leaving, grievances, complaints of bullying and harassment, disciplinary action, training applications, training delivery, job applications, COO March Objectives incorporated into corporate business plans and appraisal for the identified leads. Head of Quality July 2013 Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual Clinical Service Leads AD of HR & Senior Workforce Performance & Systems Manager AD of HR & Senior Workforce Performance & Systems Manager July 2013 July 2013 July 2013 Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual Red Amber Amber Amber Amber 14

15 promotions, sickness and disabilityrelated absence etc) and identify any remedial action which is required as a consequence. 12 Workforce Profile - Analyse the current workforce profile to assess the degree to which staffing is representative of the communities served and identify remedial action which is required as a consequence of this. 13 Workforce Profile - Review the workforce profile on an annual basis to determine the extent to which the workforce is appropriately diverse across all occupations and grades, and also continues to be representative of the population served. 14 Staff Survey - Monitor key HR performance indicators, staff survey results and summary case reviews to determine the degree to which staff members are free from abuse, harassment, bullying and violence; 15 Appraisal - Measure the effectiveness of the KSF Appraisal to determine the degree to which the competence of all staff members is appropriately measured in respect of equality and diversity. AD of HR & Senior Workforce Performance & Systems Manager AD of HR & Senior Workforce Performance & Systems Manager July 2013 July 2013 Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual AD of HR July 2013 Quarterly reports to Equality, Diversity and Human Rights Committee. Overview to be included in annual Head of L&D March 2014 Overview to be included in annual Green Green Green GREEN Performance is on or above target/action is complete where timescale has passed AMBER Performance is on target for delivery but not yet complete RED Performance is not meeting target 15