Equality and Diversity Policy

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1 Equality and Diversity Policy 1

2 Reader Information Reference Title Equality and Diversity Policy Document purpose To set out and confirm our commitment to promoting equal opportunities and to recognise and value peoples differences Version 1 Owner Deputy Chief Nurse Approval Date June 2015 Approving Committee Quality and Risk Committee Review Date June 2017 Target audience NHS Mansfield and Ashfield and NHS Newark and Sherwood Clinical Commissioning Group Staff Circulation list NHS Mansfield and Ashfield and NHS Newark and Sherwood Clinical Commissioning Group Staff Associated Documents Quality Impact and Equality Impact Assessments Policy Privacy Impact Assessment Policy Superseded Documents Nil Equality Implications An Equality Impact Assessment has been carried out and no implications have been identified Sponsoring Director Chief Officer 2

3 Document Index Table of Contents Policy Statement... 4 Purpose... 4 Scope of Policy... 5 Introduction Definitions Protected characteristics Direct Discrimination Indirect discrimination Associative discrimination Discrimination by perception Harassment Victimisation Roles and Responsibilities Corporate responsibilities Governing Body Members Chief Officer Deputy Chief Nurse NHS England (NHS Commissioning Board) CCG Governing Body members and employees Patient and Public Involvement Recruitment, Promotion, Transfers, Redeployment and Ending Employment Workforce Profiling and Monitoring Procurement Public Sector Equality Duty (PSED) Equality Delivery System (EDS2) Associated Policies Outcome

4 Policy Statement NHS Mansfield and Ashfield and NHS Newark and Sherwood Clinical Commissioning Groups (the Clinical Commissioning Groups) are committed to the equality and diversity agenda as defined by the protected characteristics of age, disability, gender, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion/belief and sexual orientation. Our vision is: o Putting good health into practice We will implement this vision by: o Improving the health of the community o Securing the provision of safe, high quality services o Achieving financial balance and value for money We believe this vision will only be achieved through promoting a culture that is based on the principles set out in this document Purpose All public sector bodies have a statutory duty to comply with the Equality Act 2010 (particularly the Public Sector Equality Duty in section 149), ensuring that the commissioning, service provision and workplaces provide equality of opportunity and treatment for all. This Policy sets out how the Clinical Commissioning Groups will meet these statutory duties which it views as crucial to the success of the Clinical Commissioning Groups as a developing and dynamic organisation. It will achieve this by: ensuring all employees, volunteers, patients, service users and lay members understand their own responsibilities for working towards an equal and diverse community 4

5 ensuring the Clinical Commissioning Groups commitment to equality and diversity is strongly visible to all who engage with the Clinical Commissioning Groups at all levels; and outlining the framework for promoting the equality and diversity agenda within the Clinical Commissioning Groups Scope of Policy This Equality and Diversity Policy applies to all employees of the Clinical Commissioning Groups in all locations including temporary and contracted. 5

6 Introduction NHS Mansfield and Ashfield and NHS Newark and Sherwood Clinical Commissioning Groups (the Clinical Commissioning Groups) are committed to promoting and valuing diversity in all its roles as community champion, healthcare commissioner, service provider and employer. It is important to understand the key differences between equality and diversity. Equality without diversity is treating everyone the same, which leads to confusion and political correctness without common sense. Diversity without equality on the other hand, would result in the survival of the privileged to the exclusion of others. Neither can be truly effective without the other. Diversity occurs naturally. We all differ as human beings and therefore we all have unique requirements, abilities and motivations. We all have different identities within the social groups in which we are classified. For example: male, female (gender), black, white (race), English, Asian, African, Caribbean (nationality). The key is to embrace these differences whilst maintaining our core values and moral principles to enable our vision to be achieved. Equality and diversity principles apply to everyone. It is therefore a paramount need to ensure that we have an equal, diverse and fairly treated workforce that is reflective of our local community. Every individual is affected by moral issues, such as dignity and privacy; by practical concerns, such as accessibility or capability; or both. It is crucial that we assess any situation correctly in order to succeed in our aim of having a competent and confident workforce that delivers effective, required and accessible services to the community. The Equality Act 2010 has replaced and superseded all previous equalities legislation. This Policy reflects the requirements of this Act. 1. Definitions 1.1 Protected characteristics These are the characteristics which are afforded explicit protection from discrimination under the Equality Act The characteristics are: Age 6

7 Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Religion or Belief Sex Sexual Orientation 1.2 Direct Discrimination This occurs when a person is treated less favourably from others in the same circumstances on the grounds of age, disability (physical, mental and sensory), gender, marital status, membership or non-membership of a trade union, race, religion, domestic circumstances, sexual orientation, ethnic or national origin, social and employment status, HIV status or gender re-assignment. 1.3 Indirect discrimination This occurs when an apparently neutral provision, criterion or practice would put persons of a particular group at a particular disadvantage compared with other persons. This is unless it can be shown that the provision, criterion or practice is a proportionate means to achieving a legitimate aim. 1.4 Associative discrimination This means that you cannot directly discriminate against someone because they are associated with another person who possesses a protected characteristic. For example, you cannot refuse to employ someone because they have to care for an elderly relative or a disabled child. You should review your managing absence, flexible working, harassment and bullying and other appropriate procedures and policies to ensure that this concept is adequately and accurately reflected. 1.5 Discrimination by perception This means that you cannot directly discriminate against someone because others think that they possess a particular protected characteristic, even if the person does not actually possess that characteristic. For example, you cannot refuse to recruit a person purely because you think they do not look old enough to possess the skills to do the job. 7

8 1.6 Harassment This 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. Subjecting someone to harassment can amount to discrimination and could potentially be considered to be gross misconduct. 1.7 Victimisation This can be described as treating someone less favourably than one would treat others because the individual concerned has, for example, made a complaint of discrimination and/or having been accused of harassment and/or given evidence about such complaint. Subjecting someone to victimisation is potentially gross misconduct. 2 Roles and Responsibilities 2.1 Corporate responsibilities The Clinical Commissioning Groups Governing Bodies have overall corporate responsibility for ensuring that the Clinical Commissioning Groups comply with their legal and ethical obligations with regard to equality and diversity in its dealings with employees, patients and the public and other stakeholders. The Quality and Risk Committee is responsible for ensuring compliance with the equality and diversity strategy and policy and providing assurance to the governing body. 2.2 Governing Body Members The Governing Body members are responsible for ensuring there is sufficient scrutiny of the Clinical Commissioning Groups assurance mechanisms for compliance with the Equality Act 2010, EDS2 and associated good practice. 2.3 Chief Officer This senior post-holder acts as the executive lead for equality and diversity for the CCG. 2.4 Deputy Chief Nurse This post-holder is the day-to-day operational and strategic lead for equality and diversity within the Clinical Commissioning Groups. 8

9 2.5 NHS England (NHS Commissioning Board) NHS England North Midlands will monitor the compliance of Mansfield & Ashfield and Newark & Sherwood Clinical Commissioning Groups with legislative requirements and established good practice with regard to equality and diversity on an on-going basis and as part of their formal annual assessment of CCG performance. 2.6 CCG Governing Body members and employees All Governing Body members and employees who are involved in the development of policies, commissioning cases and service redesign initiatives are responsible for ensuring that Equality Impact Assessments (Equality Impact Assessments) are conducted at relevant stages in any policy or decision making process. Managers are also responsible for ensuring that any allegations of discriminatory behaviour or practices are correctly investigated and appropriate action taken. This may involve the use of the Clinical Commissioning Groups Dignity at Work and Grievance Policy or Conduct and Capability Policy. 3 Patient and Public Involvement The Clinical Commissioning Groups recognise their responsibilities to providing healthcare and related services which are equally accessible and appropriate to everyone within the community which we serve. We will do this by engaging with the community (through the methods highlighted in the Consultation section of this policy). However, we also recognise that not all sections of the community are treated the same. There are always going to be groups within the communities that are seldom heard for a wide variety of reasons. Our Communications and Engagement strategy clearly states our approach to patient engagement and should be referred to for more information on these reasons and how we will be working towards ensuring they are addressed. 4 Recruitment, Promotion, Transfers, Redeployment and Ending Employment The Clinical Commissioning Groups will ensure that all job vacancies and associated adverts non-discriminatory and positively promote equality and diversity. In addition, where appropriate, job advertisements will include a statement to encourage applications from under-represented groups in a particular area of work. 9

10 The Clinical Commissioning Groups will keep a signed record of selection decisions which will be kept on file. All unsuccessful applicants will be entitled to feedback. Selection panels have been decided for all procedures relating to employee recruitment and retention, promotion, transfer and redeployment and will ensure all such decisions are fair and consistent. Please refer to the Recruitment and Retention Policy for further details. 5 Workforce Profiling and Monitoring The CCG is committed to ensuring a workforce that is representative of the local employable workforce and in order to do this we need to carry out monitoring of both our users and employees. We do this through collecting equality data from job applicants, existing employees and leavers, in order to build up a picture of how representative our workforce is and which areas we need to work harder to attract to come to work for us. We can then measure the results of this monitoring to ensure that we do indeed reflect the community that we represent. 6 Employment Practice The Clinical Commissioning Groups are committed to providing a workplace in which all staff are treated with fairness, consistency, respect, equality and dignity, and one in which staff of all backgrounds feel individually valued and supported The Clinical Commissioning Groups commit to invest in staff to help them to fulfil their potential and deliver their best. Everyone who works in the Clinical Commissioning Groups have the right to expect equal access to career development and promotion opportunities throughout their employment. The Clinical Commissioning Groups will not tolerate any form of unlawful discrimination, bullying, harassment or victimisation and aims to promote a culture in which staff feel supported and encouraged to challenge discriminatory and/or unacceptable behaviour at all levels of the organisation. The Clinical Commissioning Groups recognises their statutory duty to undertake equality impact assessments in relation to its employment policies, and to monitor the impact of policies applied to ensure that any negative potential outcomes are minimised and that opportunities are maximised for promoting equality and human rights, promoting good 10

11 relations between differing groups and encouraging participation for disadvantaged or minority groups The Clinical Commissioning Groups will make reasonable adjustments to working conditions and terms of employment for disabled employees The Clinical Commissioning Groups are committed to providing equality of access to training and career development to all employees. The Clinical Commissioning Groups are committed to embedding an inclusive training approach to all of our employees across the whole equality and diversity agenda. In taking this approach, we are able to deliver our employees a fully rounded understanding as to how equality and diversity is relevant to their specific role and what behaviours are expected from them particularly when dealing with sensitive issues. 7 Procurement The Clinical Commissioning Groups will seek to procure and access the supply of goods and services from a diverse business community and ensure that there is an equality of opportunity in any tendering process. Wherever possible, prospective contractors will be provided with a copy of this Policy as a part of the tender process and where practicable, will be expected to comply with it should they be awarded the tender. 8 Public Sector Equality Duty (PSED) All public organisations must, in the excise of their duties, have due regard to the need to: Eliminate discrimination, harassment and victimisation or any other conduct prohibited by the Equality Act 2010 in relation to the protected characteristics; Advance equality of opportunity between all persons; and Foster good relations between groups of people sharing a protected characteristic and those that do not. Under the specific duties of the PSED, Clinical Commissioning Groups are required to produce, in a manner that is acceptable to the public: 11

12 1. Information to demonstrate its compliance with the PSED at least annually. This information must include, in particular, information relating to people who share a protected characteristic who are: a. Its employees (where there are over 150 employees) b. People affected by its policies and procedures 2. Equality objectives at least every four years, which are specific and measurable. 9 Equality Delivery System (EDS2) The original EDs were initiated by the Equality and Diversity Council, which is chaired by Sir David Nicholson, the NHS England Chief Executive. The purpose of the EDS was to drive up equality performance and embed equality into mainstream NHS business. The EDS covers the nine protected characteristics and has four goals: Better health outcomes for all; Improved patient access and experience; Empowered engaged and well supported staff; and Inclusive leadership at all levels. Due to NHS England s commitment to an inclusive NHS that is fair and accessible to all, the EDS were reviewed and as a result, EDS2 was launched in November The EDS2 continues to focus on the things that matter the most for patients, communities and employees, emphasising genuine engagement, transparency and the effective use of evidence. The CCG will use EDS2 to ensure it delivers on the NHS Outcomes Framework, the NHS Constitution and the Care Quality Commission s (CQC) key inspection questions from Raising Standards, putting people first. 10 Associated Policies This Policy should be considered alongside the Equality Impact Assessment policy and relevant HR Policies, including but not limited to, Bullying and Harassment Policy, Grievance Procedure, Disciplinary Procedure, Recruitment and Selection Policy and Managing Sickness Absence Policy. 12

13 11 Outcome Equality means providing the same opportunities to all. Diversity means accepting differences. By harnessing differences between people we can drive forward excellence and creativity in performance. Organisations that embrace variety; reject prejudice and understand and accommodate changing work patterns will be the organisations which reap the reward of a happy, fulfilled and motivated workforce with diverse skills. Mansfield & Ashfield and Newark & Sherwood Clinical Commissioning Groups are committed to delivering this outcome. 13

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