The Newcastle upon Tyne Hospitals NHS Foundation Trust. Employment Policies and Procedures

Transcription

1 The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Recognition Agreement for Trade Unions/Professional Staff Organisations Version No.: 6.0 Effective Date: 17 February 2015 Expiry Date: 17 February 2018 Date Ratified: 16 February 2015 Ratified by: Executive Team 1 Introduction Recognition & Representation The purpose of this agreement is to determine staff representation, recognition, accommodation and facilities within the Trust, and to describe the Trust framework for joint consultation and collective bargaining. 2 Scope This agreement applies to trade unions and professional organisations, recognised by the Trust, including employees who are recognised as staff representatives. 3 Aims The aim of this agreement is to maintain an effective system of representation which acts in the best interests of patients, employees and the Trust. The spirit and intention is to promote harmonious relations and partnership working between the Trust and its staff representatives and to reinforce the common objective of ensuring the efficiency and success of the Trust. 4 Duties roles and responsibilities 4.1 The Executive Team is accountable to the Trust Board for ensuring Trust-wide compliance with the agreement. 4.2 Directorate managers and heads of service are responsible to the Executive Team for ensuring implementation of the agreement. 4.3 Managers are responsible for ensuring implementation of the agreement and compliance in their area(s). 4.4 Staff are responsible for complying with the agreement. 4.5 Staff Representatives are responsible for complying with the agreement 5 Definitions 5.1 Staff Representative: An employee who has been elected or appointed in accordance with the rules of the independent union/professional staff Page 1 of 17

2 organisation to be a representative of all or some of the union s/organisation s members in the particular company or workplace, or agreed group of workplaces where the union is recognised for collective bargaining purposes. This is intended to equate with the legal term trade union official 5.2 Paid time off to attend trade union duties: when a staff representative has been permitted paid time off to attend trade union duties, the amount of payment will be limited to the amount they would have otherwise earned (had they been on shift), or where earnings vary, an amount calculated by reference to the average hourly earnings for the work they are employed to do. 6 Main body of agreement 6.1 General principles Staff representatives recognise the right and responsibility of the Trust to manage the organisation in the best interests of its patients and employees The Trust recognises the role of unions/professional organisations in representing the interests of their members and will encourage employees to be members of the recognised unions/staff organisations referred to below Staff representatives accept that the Trust has a responsibility to keep employees directly informed of matters concerning the activities of the Trust. This does not obviate the requirements of this agreement to consult and/or negotiate through the recognised machinery on matters covered by the agreement, which includes the provision of training This agreement has been developed having regard to relevant provisions of the ACAS Code of Practice relating to time off for trade union duties and activities. 6.2 Recognition The Trust believes that fully representative unions engender good employee relations and will, therefore, inform employees of their right of choice to belong to one of the recognised unions set out below, although membership is not a condition of employment The Trust recognises the following unions to carry out collective bargaining and be consulted with on behalf of their members employed by the Trust: The Association for Clinical Biochemistry British and Irish Orthoptic Society British Dental Association British Dietetic Association British Medical Association Page 2 of 17

3 The Society of Chiropodists and Podiatrists Chartered Society of Physiotherapists GMB Royal College of Midwives Royal College of Nursing Society of Radiographers The British Psychological Society Union of Construction, Allied Trades & Technicians (UCATT) UNISON (including the British Association of Occupational Therapists, Managers in Partnership, the British Association of Prosthetists and Orthotists and the College of Operating Department Practitioners) UNITE Collective bargaining will be carried out through the Employment Partnership Forum (see appendix A) and joint consultation through the Trust Consultative Group (see appendix B) The Trust agrees that the only unions it will negotiate with are those listed above. Nevertheless, it is recognised that employee membership of unions may change significantly which would mean the unions covered by this agreement would need to be reviewed jointly from time to time. 6.3 The staff representatives so recognised: a) agree to validate, an annual list (produced by the Human Resources Department) of staff representatives. b) agree to work with and negotiate with the Trust on matters that may improve productivity and efficiency, more specifically: appropriate changes in working practice, without unreasonable delay introduction, where appropriate, of more flexible use of labour, including the redesign of jobs introduction of a reward structure in which there is a direct link between an employee s contribution to the service provided and his/her reward elimination of conditions of service which may mitigate against essential team working (e.g. different rates of pay for working extended hours) regular attendance of employees at work avoidance of disputes introduction of new technology suitable training of employees The Trust agrees to provide sufficient appropriate information to the recognised unions for them to carry out responsible consultation and collective bargaining, and for them to understand the approach of the Trust on matters such as the Strategy and the Annual Plan. Page 3 of 17

4 6.3.3 In the event of an employee being elected to a national union position, the time permitted to undertake that role will be requested by the employee and approved by the Trust. The request for such time should be made, in writing, to the Head of Human Resource Services. 6.4 Representation The Trust recognises the right of union members to elect from their number representatives and officials to act on their behalf. The elections will be carried out according to the rules of the union. For such representatives to be accredited by the Trust they must have been employees of the Trust who, at a minimum, have successfully completed their probationary period Each union will establish with the Trust the number of elected representatives, having regard to the national rules of the union concerned The names of representatives, the constituencies they represent, function they are elected to carry out and length of time of their office will be notified by the union in writing to the Head of Human Resource Services. On receipt of this information he/she will confirm their accreditation and inform the employee s manager. The union will also provide the Trust, on an annual basis, with an updated list of representatives, indicating whether they have been given any special responsibility (e.g. Branch Secretary) The union shall provide their representative with written credentials The Trust reserves the right, following consultation with the appropriate union, to refuse to recognise and/or remove a representative on a temporary or permanent basis. Any such proposal will be discussed - prior to a decision - with the Branch Secretary and a Full Time Officer of the union concerned The rights and privileges given to any representative shall be automatically withdrawn if: he/she ceases to be an employee of the Trust he/she resigns from union appointment or the unions notify the Trust in writing that the person has ceased to be a representative of the union Should the Trust have concerns about the staff representative when carrying out their duties, the concern will be raised with the Trade Union/Professional Staff Organisation concerned. 6.5 Training/education of representatives Reasonable time off with pay to attend approved appropriate training provided Page 4 of 17

5 by the union to assist the representative to fulfil their responsibilities may be granted subject to request and reasonable notice. In regard to attending relevant training, and in order to consider any request to undergo training, the Trust will require the following: reasonable notice information regarding the purpose of the training a copy of the course syllabus, if requested Requests for such time off should be made on the appropriate form (see appendix C), and submitted to the Head of Human Resource Services via the departmental manager. If approval is not given, the reason for this will be explained. 6.6 Time off for recognised trade union duties and activities The Trust recognises that there are certain statutory rights for a staff representative to take a reasonable amount of time off work, during working hours, for trade union duties and activities. It may be reasonable to refuse some or all of the time off requested where the requirements of the Trust demand this, and in order to ensure that the delivery of patient care is not compromised. Trade union duties provide a statutory right to reasonable paid time off work. Trade union activities provide a statutory right to reasonable unpaid time off work Time off with pay Duties include those matters which fall within the relevant legislation, and cover those connected with representing individual members, i.e. discipline, grievance, working arrangements, etc.* those concerned with Trust wide issues such as consultation on policies/procedures active involvement in receiving information and joint consultation, negotiation, etc., particularly in relation to collective redundancy and Transfer of Undertakings undertaking training (approved by the Trades Union Congress or independent trade union) in aspects of industrial relations, relevant to carrying out trade union duties (i.e. training must be concerned with collective redundancy and subjects connected with Transfer of Undertakings and negotiations) *staff representatives need not belong to a trade union recognised by the Trust Time off without pay Those matters relating to the activities of the trade union, e.g. branch meetings and regional meetings meeting Full Time Officers to discuss issues relevant to the Page 5 of 17

6 workplace voting in union elections Time off to attend annual trade union conferences It is recognised by the Trust it may be beneficial to allow staff representatives time off with pay to attend the annual conference of a trade union. Requests for time off to attend shall be made on the usual form and the number to be granted paid leave (expenses having to be met by the trade union concerned) will depend on the numbers of membership in the Trust. A maximum that would be allowed paid leave would be two Facility time agreements Planned, long-term period facility time may be agreed between the Trust and individual staff representatives in accordance with this Recognition Agreement Union Learning Representatives Employees of the Trust who are members of a trade union recognised by the Trust (see section 6.2.2) are entitled to reasonable paid time off to undertake the duties of a Union Learning Representative, provided that the union has given the Trust notice in writing that the employee is a learning representative of the trade union and the training condition is met, i.e. the member must be sufficiently trained to carry out duties as a learning representative: either at the time when their trade union gives notice to the Trust in writing that they are a learning representative of the trade union or within six months of that date In the latter case, the trade union must give the Trust notice in writing that the employee will be undergoing such training and once the employee has completed the training the trade union must inform the Trust in writing of this. Examples for which Union Learning Representatives may be granted paid time off are: providing information and advice about learning or training matters arranging learning or training promoting the value of learning or training consulting the Trust about carrying on any such activities analysing learning or training needs (for example, identifying learning interests or needs, identifying and recording individual learning needs and developing plans to meet identified learning requirements) undergoing training relevant to their function as Union Learning Representative It may be reasonable to refuse some or all of the time off requested Page 6 of 17

7 where the requirements of the Trust demand this, and in order to ensure that service delivery is not compromised. 6.7 Health & Safety Representation Regulations under the Health & Safety at Work Act provide for the appointment of safety representatives from employees of the Trust by recognised trade unions Each union must inform the Trust (through the Human Resources Department) in writing of each of their safety representatives and the group or group of staff he/she represents, and update this on an annual basis at 1 April each year The safety representative has a number of functions including: to represent staff to investigate potential hazards and dangerous occurrences and the causes of accidents at the workplace to make representations to the Trust on matters concerning health and safety in the workplace to carry out certain health & safety inspections both on premises and of written information to attend meetings of safety committees Safety representatives will be entitled to reasonable time off with pay during their working hours to carry out the function above and to undergo training relevant to their function as a health and safety representative. This is subject to the needs of the service, though where an accident occurs, time off should not be withheld unless patient safety & security would be affected. Reasonable time off will be permitted in accordance with the Health and Safety Executive s Code and Guidance, Consulting Workers on Health and Safety. 6.8 Time off for individual members This policy does not allow individual employees who are members of recognised trade unions time off to attend Trade Union meetings.. Branch meetings should be held outside normal working hours. The only exception might be to vote in properly conducted ballots and elections, or to meet Full Time Officers and a staff representative in matters connected with their individual employment. If it is felt by staff representatives that there is a need for emergency meetings during normal working hours to discuss matters about the employment of members and their working arrangements, this will only be arranged with the authority of the Head of Human Resource Services. Page 7 of 17

8 6.9 Accommodation and other facilities for staff representatives The Trust will consider requests from staff representatives for facilities necessary to enable them to perform their duties. The availability of such facilities will be subject to the needs of the service, but where resources permit, will include: accommodation for meetings access to a telephone and other essential equipment, e.g. photocopier use of notice boards where the volume of a staff representative s work justifies it, the use of dedicated office space or accommodation provision of information relating to new employees to aid union recruitment limited access to Trust induction programme (for new employees) The facilities will be available for joint use by staff representatives. Furthermore, they undertake not to abuse the use or fabric of those facilities, and to agree with Trust how the proper use of the facilities will be monitored e.g. security of any dedicated accommodation Status of Recognition Agreement The Trust and staff representatives accept that this agreement is made in good faith and is not legally binding All parties will jointly review the collective performance and effectiveness of the consultation and negotiation machinery at regular intervals Any party may withdraw from the agreement, or parts of the agreement, by giving six months notice in writing to the other party Any dispute as to the working of the agreement shall be attempted to be resolved by the parties to the agreement. Failure to agree shall be referred to the Executive Team. 7 Equality and Diversity The Trust is committed to ensuring that, the way services are provided to the public and the staff are treated reflects their individual needs and does not unlawfully discriminate against individuals or groups on any grounds. This policy has been properly assessed. Page 8 of 17

9 8 Consultation and review of this agreement This agreement has been reviewed in consultation with the Employment Policies and Procedures Consultative Group 9 Implementation of the agreement (including raising awareness) A summary of the key changes will be notified to managers following implementation. Further advice and guidance will be available from the Human Resources Department. 10 Monitoring compliance Standard / process / issue Ensure time off to attend Trade Union/Professional staff organisation duties (paid and unpaid) is processed in accordance with Trust policy, i.e. it is authorised and recorded Review formal methods of consultation to ensure the formal recognition of staff representatives Monitoring and audit Method By Committee Frequency ESR report Review minutes of EPF and TCG Dee Fawcett Dee Fawcett HR Heads HR Heads Annually Annually 11 References 1) ACAS code of practice time off for trade union duties and activities Available at 2) Health and Safety at Work Act, etc Available at 3) Health and Safety Executive s Code and Guidance Consulting workers on Health and Safety Signed and agreed in accordance with the terms of the document... On behalf of... Trade union/professional organisation Date... On behalf of... Date... The Newcastle upon Tyne Hospitals NHS Foundation Trust Page 9 of 17

10 The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Partnership Forum Appendix A 1. The Employment Partnership Forum (EPF) shall be the regular, joint meeting arrangement in which single table negotiations in respect of terms and conditions of employment take place between Trust representatives and recognised trade unions/professional organisations for all employees, with the exception of very senior managers i.e. those who report directly to the Chief Executive. The EPF will have the authority to negotiate effectively. Matters relating specifically to the terms and conditions of medical and dental staff will be discussed at a separate forum. 2. The purpose and scope of the EPF is to facilitate the exchange of relevant and appropriate information, consultation and negotiations on those matters relating to changes in terms & conditions of employment that may affect employees represented at that Forum. It will exist as a mechanism for sharing views, promoting an opportunity for dialogue and enabling the Trust to actively seek and take account of views before making a decision. This forum will be in addition to other communication methods which are already in place in the Trust such as e-bulletins and staff meetings. Such discussions will not include matters relating to individual employees. 3. Membership The following people will be eligible to attend the EPF: 3.1 Staff representatives: No more than eight members (who shall be from different organisations) to conduct negotiations on behalf of all recognised organisations. Staff representatives shall have authority to reach agreements with the Trust. At least three of these members shall form a constant core of the staff side and would normally remain as representatives for at least 24 Months. 3.2 Staff representatives shall have the right to vary their membership every 12 months. The Trust will be informed of any change by receiving three months notice of the change. 3.3 The Trust comprises of five core members: Director of Human Resources Services Head of Human Resource Services Director of Estates and Facilities (or nominated deputy) Head of Nursing A representative of Payroll Page 10 of 17

11 This will be supplemented, where necessary, by a maximum of two Directors nominated by the Chief Executive as appropriate. 3.4 Any variations will be notified to the Staff representatives. 4. Full Time Officers/other advisors/other recognised trade unions 4.1 Trade union full time officers will not routinely participate in negotiations within the EPF. However, a full time officer may be present in an advisory capacity, subject to adequate advance notice being given and agreement from both the Trust and staff representatives. 4.2 By agreement of both sides, a representative of a recognised staff organisation who does not have a seat on the EPF may be co-opted as a member of the committee for a particular issue. 4.3 Both Trust and staff representatives by prior agreement may invite any person(s) who are not committee members to provide advice on matters under discussion and/or negotiation. 5. Workings of the Group 5.1 Formal decisions will be noted. The Trust shall appoint their own Chair and Secretary, as shall the staff representatives. The secretary of the Trust shall be responsible for the preparation of agenda and minutes. The staff representatives will be responsible for communicating the outcomes within their branch. 5.2 Meetings shall take place as necessary with arrangements co-ordinated by the two secretaries. 5.3 Any negotiations in the EPF will take place in such a manner to allow both staff representatives and the Trust the opportunity to liaise and consult with other interested parties (e.g. for recognised trade unions not having seats on the staff side) within the Trust, prior to making a final agreement. The trade unions will consult directly with their membership group. 6. Failure to agree 6.1 Both sides agree that every effort shall be made to resolve any issues relating to negotiation within a reasonable time period. During this period there shall be no form of industrial action such as stoppage of work, working to rule, refusal to do contractual overtime or other steps that mitigate against normal work, nor will the Trust representatives seek to coerce employees in any way. 6.2 In the event of an ongoing failure to agree on any issue, the matter will be referred to the Executive Team for a decision. 6.3 Neither side will implement any change in working practices except where an emergency situation is identified in relation to patient care or health & safety Page 11 of 17

12 or a national emergency situation arises, e.g. pandemic. However, if it is felt by either side that the reasonable time period is being exceeded they may give the other side notice of at least five working days of the action they intend to take. 7. Setting up of a sub-committee Sub-committees may be formed from elected representatives and members of the Trust where appropriate. Any sub-committee will be required to consider a particular issue(s) and report back. The sub-committee shall be chaired by a member of the full EPF and its membership may consist of non-epf members. Page 12 of 17

13 1. Membership: The Newcastle upon Tyne Hospitals NHS Foundation Trust Trust Consultative Group Constitution and terms of reference Appendix B Trust representatives: Chief Executive (or designated representative) Director of HR or nominated deputy Nursing & Patient Services Director Finance Director (or nominated deputy) Staff representatives: Must be employees of the Trust, ideally with at least 12 months service, though exceptions can be made in special circumstances. However they must, at a minimum, have successfully completed their probationary period. Membership will cease immediately if a representative leaves the employ of the Trust One representative of each recognised staff organisation Chairman and Secretary of staff representatives of each site Committee (if not already members) Director of Estates and Facilities Human Resources Representative (as Secretary) In Attendance: One full-time officer per recognised staff organisation Quorum: Three members from each side Frequency: Quarterly, subject to review 2. Overall purpose To develop and sustain good employee relations by creating the opportunity for staff representatives to be consulted through formal machinery on a wide range of issues before final decisions are made by Trust representatives. The machinery will also be used as a forum for the accurate communication of information. Page 13 of 17

14 3. Terms of reference 3.1 To inform and consult with staff representatives on all matters which are of a strategic/policy/procedural nature and affect staff across the Trust. 3.2 To give opportunities for an accurate flow of information and for formal problem solving on issues affecting the efficiency of the Trust. 3.3 To give staff representatives the opportunity of presenting views on matters which affect the staff at work. 3.4 The Group will not be used for negotiation/collective bargaining. 4. General matters 4.1 Chairperson The Chairperson will be a Trust representative. 4.2 Officers of the staff representatives and the Trust representatives The staff representatives shall nominate from their representatives a Chairperson and secretary. The Group Secretary will be the Senior Human Resources Manager (non medical). 4.3 Meetings Regular basis. Special The Trust Consultative Group (TCG) shall meet on a quarterly Special meetings shall only be called by the agreement of the trust and staff side Chairs. 4.4 Agenda This shall be circulated by the Group Secretary at least seven working days before the date of the meeting. Items will be sought from all parties. 4.5 Minutes The minutes will be submitted for approval at the next TCG meeting. Both sides recognising they have a responsibility to ensure the distribution of agreed minutes throughout the Trust. 4.6 Attendance at meetings of other than named representatives and full-time officers Substitute It is expected that representatives attend all meetings. However, there may be exceptional occasions when a representative cannot attend a Page 14 of 17

15 meeting in this case a properly briefed substitute can attend. If a representative does not attend three meetings during a 12 month period, then apart from illness or other acceptable reasons, he/she shall cease to be a member of the TCG. Specialist adviser(s) can attend to give advice on a particular subject with the agreement of the two Chairs. Observers/trainees can attend meetings but as observers only. Notice of their attendance shall be given to the Chair no less than five days before the meeting. 4.7 Time off to attend meetings Staff representatives shall request time off to attend meetings from their departmental managers. This shall be granted unless there are sound operational reasons for refusal. No representative shall suffer a reduction in pay or allowances to attend a meeting of the staff-side, the full committee or site/sub-committee. If a representative attends a meeting which coincides with being off-duty then time off in lieu for attendance at the meeting shall be granted unless there are contributory circumstances to do otherwise. 4.8 Site committee/sub-committee/working parties Site Consultation Committees on the major hospital sites of the Freeman and the RVI will consider site specific issues. The Chairman and Secretary of the staff representatives of such Committees shall be members of the staff representatives of the TCG. The terms of reference and membership shall be agreed by the TCG. The TCG will have the power to set up Sub Committees or Working Parties to consider particular issue(s). These groups (which can comprise, by agreement, employees who are not representative members of the Consultative Committee) should report their findings back to the TCG. The TCG shall reserve the power to accept or not to accept the findings of such groups. 4.9 Separate meetings of staff side Reasonable time shall be given for the staff representatives to meet separately prior to the full meeting of the TCG. The Staff representatives will hold a general meeting every 12 months at which they shall elect their Chairperson and Secretary for the forthcoming 12 months. 5. Review The working of the TCG will be reviewed on an annual basis. The review shall include a review of the membership. Page 15 of 17

16 The Newcastle upon Tyne Hospitals NHS Foundation Trust Appendix C A) Notes for Guidance Request for time off for officers of recognised trade unions/professional organisations Before completing this form, please note that: 1. Expenses incurred to attend the course/conference/meeting will not be paid by the Trust. 2. To assist in processing this application please attach a copy of the course/conference/ meeting programme to this form. 3. Paid release will not be given for hours when you would not normally work e.g. for attendance at a weekend course if you normally work Monday to Friday. 4. Requests shall be submitted at least five working days prior to the course/conference/meeting. 5. BLACK INK or BLACK BALLPOINT PEN must be used when completing this form 6. Sections B and C must be completed before forwarding the whole form to your Directorate Manager/Head of Department B) Personal and Post Details (Please print) Name... Job title... Number of contracted hours per week... Normal days of work... Normal hours of work... Place of work (department and site)... Union/prof organisation... Position in union C) Course/Conference/Meeting details Title... Date(s) of course/conference/meeting: From... to... inclusive Aim/Content... Copy of course/conference/meeting details attached YES/NO Venue... I wish to apply for paid/unpaid * time off from... to... i.e. a total of... working days and... rest days. Please state any days and hours within these days you expect to work during this period Page 16 of 17

17 ... (* Delete as appropriate) I will return to work on... Signature of applicant... Name of applicant (please print)... Date D) For Completion by Directorate Manager/Head of Department/Clinical Director The above person can/cannot * be released. Reason for refusal (if any) Signature of Directorate Manager/Head of Department/Clinical Director... Name of Directorate Manager/Head of Department/Clinical Director (please print)... Date... Please forward to Human Resources Department, Level 1, Regent Point E) For Completion by Head of Human Resources Services This application is/is not * supported. Reason for refusal (if any) Signature... Date F) Input into ESR Approved leave input into ESR (please tick) Signature... Date of input... Page 17 of 17

18 The Newcastle upon Tyne Hospitals NHS Foundation Trust Equality Analysis Form A This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. PART 1 1. Assessment Date: 27/11/ Name of policy / strategy / service: Recognition Agreement for Trade Unions/Professional Staff Organisations 3. Name and designation of Author: Karen Pearce, Senior HR Manager (Projects) 4. Names & designations of those involved in the impact analysis screening process: Natalie Barkwill, HR Manager (Projects), HR Heads, EPPCG 5. Is this a: Policy X Strategy Service Is this: New Revised X Who is affected Employees X Service Users Wider Community 6. What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy) The purpose of this agreement is to determine staff representation, recognition, accommodation and facilities within the Trust, and to describe the Trust framework for joint consultation and collective bargaining. 7. Does this policy, strategy, or service have any equality implications? Yes No X If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons: See information below

19 8. Summary of evidence related to protected characteristics Protected Characteristic Race / Ethnic origin (including gypsies and travellers) Evidence, i.e. What evidence do you have that the Trust is meeting the needs of people in various protected Groups The policy is clear that it does not discriminate on the grounds of race/ethnic origin. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. Does evidence/engagement highlight areas of direct or indirect discrimination? If yes describe steps to be taken to address (by whom, completion date and review date) No Does the evidence highlight any areas to advance opportunities or foster good relations. If yes what steps will be taken? (by whom, completion date and review date) n/a Sex (male/ female) The majority of staff representatives (attending trade union duties) are white British, although there is some variation of ethnicity The policy is clear that it does not discriminate on the grounds of sex. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Religion and Belief There is an equal split (roughly) between male and female staff representatives who have attended trade union duties The policy is clear that it does not discriminate on the grounds of religion and belief. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Sexual orientation including lesbian, gay and bisexual people Data relating to religion and belief is largely undefined however there is some variation of religion and belief The policy is clear that it does not discriminate on the grounds of sexual orientation. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Data relating to sexual orientation is largely undefined however the majority of those disclosed are heterosexual.

20 Age The policy is clear that it does not discriminate on the grounds of age. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Disability learning difficulties, physical disability, sensory impairment and mental health. Consider the needs of carers in this section Data shows that there are no staff representatives taking time to attend trade union duties, under the age of 36. Ages upwards of 36 are well represented, up to the age of 60 The policy is clear that it does not discriminate on the grounds of disability. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Gender Re-assignment Data is largely undefined in terms of disability, however of those which are defined, there is a roughly equal split between disabled and nondisabled staff representatives The policy is clear that it does not discriminate on the grounds gender reassignment. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Marriage and Civil Partnership The policy is clear that it does not discriminate on the grounds of marriage and civil partnership. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a Maternity / Pregnancy The policy is clear that it does not discriminate on the grounds of maternity and pregnancy. It makes clear that staff who have a criminal record will not necessarily be prevented from obtaining employment with the Trust. No n/a 9. Are there any gaps in the evidence outlined above? If yes how will these be rectified? Much of the workforce data is undefined. Work is ongoing within the Trust to improve equality monitoring data and to encourage

21 staff to complete this information 10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact the Equality and Diversity Lead or the Involvement and Equalities Officer. Do you require further engagement? Yes No X 11. Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and family life, the right to a fair hearing and the right to education? No PART 2 Name: N Barkwill Date of completion: 27/11/2014 (If any reader of this procedural document identifies a potential discriminatory impact that has not been identified, please refer to the Policy Author identified above, together with any suggestions for action required to avoid/reduce the impact.)