Equality Diversity and Human Rights Policy. Date Version Number Planned Review Date Version 2. Reviewed and updated

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1 Equality Diversity and Human Rights Policy Document Code PtHB HR060 June 10 Date Version Number Planned Review Date Version 2 30/04/2013 June 2013 Reviewed and updated 01/06/2016 Document Owner Approved by Date Assistant Director of Board of Directors 23/10/2013 WOD Document Type Policy Bwrdd Iechyd Addysgu Powys yw enw gweithredol Bwrdd Iechyd Lleol Addysgu Powys Powys Teaching Health Board id the operational name of Powys Teaching Local Health Board Page 1 of 16 Review July 2013:

2 Contents Page Validation Form 3 Consultation 4 Equality Assessment 5 Relevant to 6 Purpose 6 Aim 6 Definitions 7 Objectives 7 Responsibilities 7 Process 8 Implementation 9 Monitoring 15 Complaints/grievance 15 Statutory references 15 For Reviewed &/or Updated Policies Only: Relevant Changes Date Updated to reflect legislative and Organisational changes. June 2013 Page 2 of 16 Review July 2013:

3 VALIDATION FORM To be completed by the Author no policy, procedure or guidance will be accepted without completion of this section which must remain part of the policy Title: Equality Diversity and Human Rights Policy Author: Equality Manager Directorate: Workforce and OD Directorate Reviewed/Updated by: Equality Manager EVIDENCE BASE Are there national guidelines, policies, legislation or standards relating to this subject area? Equality Act 2010 DOING WELL, DOING BETTER - STANDARDS FOR HEALTH SERVICES IN WALES Please state which Health Services Standards this policy will support / link to: Standard 2 - Equality CONSULTATION Please list the groups, specialists or individuals involved in the development & consultation process: Name Date WRPG Powys Staff Implications Please state any training implications as a result of implementing the policy / procedure. Training will be required to ensure all staff are aware of this policy. Managers will Page 3 of 16 Review July 2013:

4 require specific training to ensure compliance with the public sector equality duty including the requirement to undertake equality impact assessments. Please state any resource implications associated with the implementation. This is a core Activity. Please state any other implications which may arise from the implementation of this policy/procedure. Successful implementation of this policy will be beneficial to the organization in terms of organizational culture meeting the public sector equality duty For Completion by WOD I confirm that this document has been checked for formatting, spelling, grammar & completion of the validation sections. This check does not guarantee the information given is accurate or the evidence base quoted is the current Checked by: Amy Acton Date: Submitted to: Date: Page 4 of 16 Review July 2013:

5 No impact Adverse Differential Positive Powys Teaching Local Health Board Equality Assessment Statement Please complete the following table to state whether the following groups will be adversely, positively, differentially affected by the policy or that the policy will have no affect at all Equality statement Comments Age The very nature of this policy is to ensure compliance with the Public Sector General Duty Disability The very nature of this policy is to ensure compliance with the Public Sector General Duty Gender The very nature of this policy is to ensure compliance with the Public Sector General Duty Race The very nature of this policy is to ensure compliance with the Public Sector General Duty Religion/ Belief Sexual Orientation Welsh Language Human Rights The very nature of this policy is to ensure compliance with the Public Sector General Duty The very nature of this policy is to ensure compliance with the Public Sector General Duty The very nature of this policy is to ensure compliance with the Public Sector General Duty The very nature of this policy is to ensure compliance with the Public Sector General Duty Risk Assessment Are there any new or additional risks arising from the implementation of this policy? The risk to the Organisation would be if this policy is not disseminated, understood or complied with as paying due regard to the public sector equality duty is a statutory obligation. Do you believe that they are adequately controlled? Yes This policy is part of that assurance. Page 5 of 16 Review July 2013:

6 EQUALITY, DIVERSITY & HUMAN RIGHTS POLICY 1. Relevant to: All Staff 2. Purpose It is the intention of the Policy that no service user, job applicant or employee receives less favourable treatment than another or is disadvantaged by reason of any protected characteristic which means: disability sex (man or woman) gender reassignment marriage and civil partnership sexual orientation religion or belief (or non-belief) race (including ethnicity and nationality) age pregnancy and maternity In addition to the above statutory protection, PtHB is committed to ensuring equality of opportunity for all and this means we will not treat anyone less favourably than another by reason of: responsibility for dependents hours of work/working pattern Welsh Language has equal status with English in Wales and is therefore treated by this policy as a protected characteristic. 3. Aim Powys Teaching Health Board (PtHB) recognises the importance of Equality, Diversity and Human Rights in respect of its responsibilities as an employer and as a provider of health care services to communities in North Wales. The aim of this Policy is to serve as an important foundation stone to the development of the PtHB's services to patients and to the employment and development of staff. Policies and practices within PtHB must incorporate the spirit of the Policy. This will ensure that service delivery, recruitment and employment practices are designed and carried out fairly and in accordance with equality and human rights legislation. Page 6 of 16 Review July 2013:

7 4. Definitions: What Is Equality? Equality is about creating a fairer society, in which everyone can take part and have the opportunity to achieve their true potential. What Is Diversity? Diversity recognises that everyone is different and seeks to promote respect by valuing everyone as an individual. What are Human Rights? Human rights are the rights and freedoms that belong to all individuals and help define the relationship between citizens and the public sector. They are about dignity and respect for all. 5. Objectives The objectives of this Policy are to: a) Eliminate unlawful discrimination, harassment and victimisation; b) Advance equality of opportunity; c) Identify and remove barriers to access for service users and staff/applicants; d) Foster good relations; and e) Ensure that the teaching Health Board complies with all equality legislation and Codes of Practice as an absolute minimum standard. 6. Responsibilities The Chief Executive, on behalf of the Board has overall responsibility for ensuring that the Policy is implemented, and that its effectiveness is monitored. Executive Directors, Heads of Service, Senior Managers and Line Managers have responsibility for the active and effective implementation of the Policy. The Director of Workforce and Organisational is responsible for the regular review of this Policy and for reporting to the Board on measures designed to assess the effectiveness of the implementation of the Policy. All Clinical Services and Corporate Departments will embed the principles of equality, diversity and human rights within their activities and delivery plans. Health Care Services and Sensory Standards Leads will identify equality and human rights implications within the health care services and sensory standards for which they are responsible and ensure improvement actions demonstrate due regard to the equality duties. Every member of staff has a responsibility to apply this Policy and to observe Page 7 of 16 Review July 2013:

8 standards of conduct that ensure the patient care environment and the workplace are free from discrimination of any kind and from any form of harassment or victimisation. 7. Process 7.1 Allegations of Discrimination, Harassment and Victimisation Powys Teaching Health Board operates a zero tolerance stance with regards discrimination, harassment and victimisation. Staff are actively encouraged to report discriminatory practices or behaviour to their Line Manager, a senior member of the Workforce and OD Department, the Equalities Manager or their Trade Union Representative. When a Manager receives a report of alleged discriminatory practices or behaviour, he or she should contact Workforce and OD immediately for further guidance. An investigation may be established in accordance with the organisation's disciplinary policy and procedure as it is recognised that such allegations may be extremely serious. Managers must be prepared to take disciplinary action when appropriate to ensure the Policy is enforced. Powys Teaching Health Board will not tolerate discrimination in the form of abuse, victimisation, harassment or bullying from those it seeks to serve. It is recognised that this policy applies to service suppliers and contractors and outside agencies e.g. independent contractors and the voluntary sector, and anyone else working with or in the organisation such as students, volunteers and agency staff. These are the major forms of discrimination defined within equality legislation: Direct discrimination Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have (see perceptive discrimination below), or because they associate with someone who has a protected characteristic (see associative discrimination below). Associative discrimination This is direct discrimination against someone because of their association 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 the person does not actually possess that characteristic. Page 8 of 16 Review July 2013:

9 Indirect discrimination Indirect discrimination can occur when you have a condition, rule, policy or even a practice in the organisation that applies to everyone, but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if you can show that you acted reasonably in managing your business, i.e. that it is 'a proportionate means of achieving a legitimate aim'. A legitimate aim might be any lawful decision you make in running your business or organisation, but if there is a discriminatory effect, the sole aim of reducing costs is likely to be unlawful. Being proportionate really means being fair and reasonable, including showing that you've looked at 'less discriminatory' alternatives to any decision you make. Harassment 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 protected characteristics except for pregnancy and maternity and marriage and civil partnership. Employees may complain of behaviour that they find offensive even if it is not directed at them, and the person making the complaint need not possess the relevant characteristic themselves. Employees are also protected from harassment because of perception and association (see above). Third party harassment The Equality Act 2010 makes the organisation potentially liable for harassment of our employees by people (third parties) who are not employees of the organisation, such as patients, visitors or clients. The organisation will only be liable when harassment has occurred on at least two previous occasions, we are aware that it has taken place, and have not taken reasonable steps to prevent it from happening again. (NB This definition included within the Equality Act 2010 will be/was repealed during 2013). Victimisation Victimisation 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. An employee is not protected from victimisation if they have maliciously made or supported an untrue complaint. 7.2 Implementation PtHB will ensure that this Policy, together with its commitment to Page 9 of 16 Review July 2013:

10 promoting equal and fair treatment and protecting individuals from discrimination, is communicated to both existing and potential members of staff, partner organisations, contractors and the wider community. The Policy aligns with our Strategic Equality and Human Rights Plan (SEP). This sets out objectives and actions for monitoring the organisations compliance with the Public Sector General Duty. Systems will be established for monitoring the effectiveness of the policy and the implementation of the SEP, and reports will be provided to the Board and senior management team and will be included in the organisation's Annual Equality Report. Where necessary, action will be taken to remove any actual or potential barrier in ensuring that fair and equal treatment is being effectively applied within the organisation. PtHB will regularly review its policies, procedures and practices. This will ensure that individuals are recruited, trained, developed and promoted on the basis of merit and on their ability to demonstrate the knowledge and skills necessary to meet objective job requirements. PtHB will aim to ensure that equality is mainstreamed into every aspect of policy and practice in employment and service delivery. A process of impact assessment will ensure that the equality implications of any new policy, procedure or practice, including service redesign commissioning/decommissioning and financial decisions are considered before implementation. The views of patients and service users will be incorporated into the process of planning and delivering health services. PtHB will provide training to ensure the organisation develops the necessary competence and capacity to effectively deliver the aims of this Policy throughout the organisation. Positive Images and Language PtHB will use positive images and language to promote the objectives of this Policy which include valuing diversity. We believe that images and language communicate personal and shared values and can have a powerful influence on other people's perceptions and attitudes. As an organisation, we are committed to ensuring that in our internal and external communications, we will promote images and use language that reflects the diversity of the wider community. Procurement and Working with others PtHB recognises that to succeed it must work in partnership with individuals Page 10 of 16 Review July 2013:

11 and organisations to share the responsibility for implementation, ensure all interests are reflected in the planning and delivery process, and to learn from the experiences of others. It is therefore recognised that this policy applies to service suppliers and contractors and outside agencies e.g., independent contractors and the voluntary sector. Procurement practices need to include relevant equality considerations, and PtHB is committed to encouraging its suppliers to promote equality within their own workforces to enable public service delivery to benefit from diverse skills and talents. In certain circumstances, the contractor will also be bound by the Public Sector General and Specific Equality Duties where the nature of the work they are carrying out on our behalf is a public function. Further advice and guidance can be obtained from PtHB Equalities department and the Equality and Human Rights Commission website at The Equality Act 2010 has introduced certain provisions in order to help public authorities use public procurement to contribute to delivery of their equality objectives or functions under the public sector general equality duty. This will mean that PtHB will have to have "due regard to the need.to" include considerations that are relevant to the performance of the general duty in any award criteria or contract conditions when entering into relevant agreements under the EU Public Service Directive. Service Delivery PtHB is committed to ensuring that Health care is accessible and appropriate to meet the diverse needs of all sections of the community. This will be achieved by further embedding equality impact assessment into decision making, strategy and policy development. Services will be monitored to identify areas for improvement. This will enable us to regularly evaluate the way in which we deliver our services and make any necessary changes to ensure no one is discriminated against in accessing or receiving treatment. Access to Services PtHB aims to ensure that all its services are accessible and conform to legislative requirements. All new and refurbished facilities will be consulted upon and thus developed to improve upon minimum statutory standards in relation to access. Problems identified will be addressed on a prioritised basis by using equality impact assessment techniques and assessed using the principles of relevance and proportionality. Page 11 of 16 Review July 2013:

12 Where requests are made for services to be provided by practitioners of a particular gender, these will be treated with sensitivity, and where practicable, complied with. Clinical standards and procedures will take account of the need for privacy and for the dignity of patients to be observed at all times. All staff should recognise diversity and approach, treat and care for patients with sensitivity and respect. All information for patients must be accessible and should be capable of being made available in a range of community languages and different formats (e.g. large print or tape) upon request. Attention is drawn to the new Sensory Loss Standards for Wales. Accessible information and communication need is a fundamental sensory loss standard. Implementation and Compliance with these Standards will be reported to the Board. Advocacy PtHB supports the development of both formal and informal advocacy support arrangements for all patients who may not be, or feel, able to communicate their health needs on their own behalf, as long as arrangements are inclusive. This will include the provision of language support, sign language interpretation or other relevant facilities. Parents/Carers and professionals, where appropriate, can participate as advocates for children and people less able to act for themselves. Cultural and Religious Needs PtHB is committed to meeting the diverse religious, spiritual and cultural needs of employees, patients, visitors and members of the public in our local community. Further advice may be obtained from the Chaplaincy. Sexual Orientation and Gender Re-assignment As a Stonewall Equality and Diversity Champion PtHB will measure our efforts to tackle discrimination and create an inclusive workplace for lesbian, gay trans and bisexual employees towards make our workplace the best it can be for everyone Employment Practices Everyone who works in the NHS or applies to work in the NHS should be treated fairly and valued equally. National and local conditions of service must be interpreted and applied equally, fairly and consistently. PtHB will ensure it complies with Section 30 Equal Opportunities within the NHS Agenda for Change Terms & Conditions Handbook. Recruitment and Selection Those employees of the PtHB who have a responsibility for the Page 12 of 16 Review July 2013:

13 recruitment and selection of staff must undertake appropriate training, including equality and diversity awareness and practice. Line Managers have a duty to ensure that selection procedures are fair and are carried out in accordance with the Good Practice guidance available within the organisation's Recruitment and Selection Policy. PtHB will ensure similar arrangements are in place with organisations providing recruitment and selection services on the organisation s behalf, e.g. the Shared Services Partnership and will monitor this. Disability Awareness: PtHB is committed to good employment practices and has a positive approach to employing disabled people. We are a recognised disability symbol user and abide by the following five commitments: i) We will interview all disabled applicants who meet the minimum criteria for a job vacancy and consider them on their abilities. ii) We will ensure there is a mechanism in place to discuss at any time but at least once a year, with disabled employees, how we and they can develop and use their abilities at work. iii) When employees become disabled we will make every effort to ensure they stay in employment (See also the policy for Employing Disabled People). NB This was updated during Make sure you are working to the correct version. iv) We will take action to ensure that all employees develop the appropriate level of disability awareness. v) Each year we will review these five key commitments and what has been achieved, to plan ways to improve on them and let employees and the Employment Service know about progress and future plans. Mindful Employer PtHB is a mindful employer. This means that as an employer we recognise that: People who have mental health issues may have experienced discrimination in recruitment and selection procedures. This may discourage them from seeking employment. Whilst some people will acknowledge their experience of mental health issues in a frank and open way, others fear that stigma will jeopardise their chances of getting a job. Page 13 of 16 Review July 2013:

14 Given appropriate support, the vast majority of people who have experienced mental ill health continue to work successfully as do many with ongoing issues. And as an employer we aim to: Show a positive and enabling attitude to employees and job applicants with mental health issues. This will include positive statements in local recruitment literature Ensure that all staff involved in recruitment and selection are briefed on mental health issues and The Equality Act 2010, and given appropriate interview skills Make it clear in any recruitment or occupational health check that people who have experienced mental health issues will not be discriminated against and that disclosure of a mental health problem will enable both employee and employer to assess and provide the right level of support or adjustment Not make assumptions that a person with a mental health problem will be more vulnerable to workplace stress or take more time off than any other employee or job applicant Provide non-judgemental and proactive support to individual staff who experience mental health issues Ensure all line managers have information and training about managing mental health in the workplace Recruitment and Workforce Monitoring PtHB will monitor applications received and the outcomes of selection procedures to support and maintain good practice Assessment and Promotion All employees of the PtHB will have regular appraisals to identify personal development needs. Such appraisals should support them in carrying out their work to a high standard in an ever changing environment, and where relevant, provide assistance in preparing employees for promotion or career development opportunities. The appraisal will be a joint activity between the employee and the Supervisor/Manager. All Supervisors and Managers expected to undertake appraisals should be appropriately trained and this will include an understanding of equality and diversity. Training and Training and development opportunities will be made available as widely as possible to all employees, influenced appropriately through a Personal Plan created and adopted through the appraisal process. PtHB will monitor access to and attendance at training to ensure that all staff have equal access to training and development opportunities. (see also the Strategic Equality Plan) Page 14 of 16 Review July 2013:

15 Flexible Working PtHB will continue to offer flexibility in working practices that meet service needs and individual requirements and responsibilities. Further information is available in the Flexible Working Policy. 7.3 Monitoring Monitoring processes will be established to help assess the effectiveness of equality and diversity measures that are relevant to service provision and employment practices. The monitoring of employment practices will be carried out in partnership between PtHB and the recognised Trade Unions. Monitoring of service provision will involve PtHB and patient representatives. Monitoring may be undertaken through the following sources of information: PtHB's quality standards for service Complaints procedure Employee and User questionnaires Workforce information this will include make up of workforce by equality characteristics (age, gender etc) and contract status (i.e. part-time) Patient Equality Monitoring Interview records Exit interview analysis 7.4 Complaints/Grievances Should anyone have a complaint to raise under the Equality and Diversity Policy then this should be raised in accordance with the Grievance Policy and Procedure. The aim of the Grievance Policy is that all grievances are dealt with as quickly as possibly. Service users should be sign-posted to the Complaints Process. 7.5 Statutory References Statutory references which frame and influence the Policy and which must be followed as an absolute minimum standard include: Welsh Language Act 1993 Protection from Harassment Act 1997 Human Rights Act 1998 Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Most other pre-existing legislation has now been replaced by the Equality Page 15 of 16 Review July 2013:

16 Act 2010, the main provisions of which came into force on the 1 st October The Equality Act 2010 simplifies and harmonises current discrimination law by consolidating it into one Act and introduces new measures to deal with discrimination and to promote equality. As a public sector organisation in Wales, we are also bound by the provisions of the Equality Act 2010 (Statutory Duties) (Wales) Regulations These regulations provide public sector organisations in Wales with challenging specific equality duties in areas such as engagement, assessing impact and how we must gather, use and publish equality information. Page 16 of 16 Review July 2013: