Equality & Diversity Policy Policy and Agreement

Transcription

1 Equality & Diversity Policy Policy and Agreement Reference Number: 144 Author & Title: Responsible Director: Sue Smith Deputy Director of Human Resources Claire Buchanan Director of Human Resources Review Date: 18 July 2018 Ratified by: Strategic Workforce Committee Date Ratified: 18 July 2015 Version: 5.1 Related Policies and Guidelines Bullying & Harassment Code of Expectations Complaints Conduct Capability Grievance Maternity Leave Organisational Change Raising Concerns Recruitment & Selection Sickness Work Life Balance Author: Sue Smith Deputy Director of Human Resources Page 1 of 15

2 Index: 1. Summary 3 2. Purpose 3 3. Duties and Responsibilities 4 4. The Law 6 5. Types of Unlawful Discrimination 7 6. Scope 8 7. Equal Opportunities in Employment 8 8. Positive Action 9 9. Training Equality Impact Assessment (EIA) Monitoring Compliance References 10 Appendix 1 Equality Impact Assessment (EIA) Guidance 11 Appendix 2 Equality Impact Assessment (EIA) Template 13 Document Control Information 14 Ratification Assurance Statement 14 Consultation Schedule 15 Amendment History Issue Status Date Reason for Change Authorised 5.0 Final 02 July Final 21 Nov 2017 Policy replaces the existing Equality Analysis Policy and Equality Impact Assessment Policy Update to training section in Appendix 1 Strategic Workforce Committee Gayle Williams Deputy HR Business Partner Author: Sue Smith Deputy Director of Human Resources Page 2 of 15

3 1. Summary 1.1 The Trust is committed to: Creating a workplace in which people feel valued Treating people fairly and with dignity and respect at all stages of the employment process from recruitment to termination of employment Embedding the Trust values and behaviours that highlight treating others as we would wish to be treated ourselves. 1.2 The Trust is opposed to all forms of unlawful and unfair discrimination and victimisation and expects its staff to treat all patients, visitors and service users with dignity and respect, in a non-discriminatory manner and in accordance with their individual needs. 1.3 The Trust recognises its legal responsibilities as contained in the Equality Act 2010 and the aims of the Public Sector Equality Duty which are listed in Section 49 (1) of the Equality Act as follows: To eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited under the Act To advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it To foster good relations between people who share a relevant protected characteristic and people who do not share it. 1.4 The prohibited characteristics include age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation. 2. Purpose 2.1 The purpose of this policy is to communicate the Trust s commitment to equality and diversity for staff in the workplace and with respect to staff behaviour towards patients, visitors and service users. 2.2 The Policy also sets out the Trust s approach to assessing the impact on equality of our policies, services and organisational change, through the use of equality impact assessments (EIAs). 2.3 All employees are responsible for the promotion and advancement of this policy; behaviour, actions or words that contravene the policy will not be tolerated and will be dealt with in line with the Trust s Conduct policy. 2.4 Compliance with this policy should also ensure that employees do not commit unlawful acts of discrimination and that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect. Author: Sue Smith Deputy Director of Human Resources Page 3 of 15

4 3. Duties and Responsibilities The key duties and responsibilities for the implementation of this policy are: 3.1 Board of Directors Ensure that equality and diversity are integrated into all Trust business, in both service delivery and in the treatment of staff Ensure that Board members are trained appropriately in managing equality and diversity Following the Annual Report to the Board on diversity and equality issues, support the Director of Human Resources in identifying areas for improvement 3.2 Chief Executive Ensure that the Trust applies the principles of managing diversity and equality to all its operations and demonstrates a commitment to managing diversity. Ensure that the commitment from the Trust to managing diversity and equality is communicated to all employees of the Trust Lead by example, developing and promoting an organisational culture that is supportive of the benefits of managing diversity and equality. 3.3 Director of Human Resources Ensure that all human resource policies, practices and procedures are consistent with legislative requirements and best practices relating to workplace diversity and equality Ensure that staff have access to the necessary training interventions with regard to managing diversity and equality, and that all relevant training events are supportive of the principles of this Policy Monitor the effectiveness of this Policy and other policies and procedures in relation to diversity and equality of opportunity, in particular through use of the staff survey, workforce profile, recruitment and selection monitoring, and incidents of harassment, taking any necessary action as appropriate. Report to the Board on an annual basis relevant data relating to diversity and equality issues. Author: Sue Smith Deputy Director of Human Resources Page 4 of 15

5 3.4 Equality and Diversity Committee Mainstream equality and diversity within service delivery, through the development, promotion and review of equality objectives, strategy, policies, and procedures. Ensure that the work of the Committee is embedded in the existing governance and committee framework within the Trust and progress is fed back to the Committee at agreed intervals. Involve local stakeholders, including patient and public user and community groups as well as enforcement bodies, in the development and implementation of any equality and diversity initiatives. Communicate with key stakeholders (staff, patients, visitors, community groups and existing governance and committee frameworks) regarding the activities of the Committee. Analyse data and information on equality and diversity issues, including trends and performance across employment and service provision. Review and, if necessary, prioritise recommendations/action plans based on national guidance, new intelligence and local priorities. Oversee the development, implementation, audit, monitoring and evaluation of equality impact assessments (EIAs). Produce an annual report for the Trust Board, outlining the Trust s progress in developing and implementing equality and diversity requirements. 3.5 Managers Ensure that policies and procedures relating to managing diversity are implemented and communicated to all existing staff and new staff on their commencement. Promote a professional and positive work environment, and in doing so ensure employees rights to pursue a career with dignity. Raise awareness of managing diversity and the principles of equality of opportunity, acting as a role model for others, and developing personal skills in order to handle issues relating to discrimination and harassment. Be directly responsible for the resolution of issues relating to harassment and discrimination in their work area, in accordance with Trust policies and procedures, including the Conduct Policy where necessary. Author: Sue Smith Deputy Director of Human Resources Page 5 of 15

6 3.6 Employees Maintain a professional working environment, treating other employees and service users with respect. Comply with and promote Trust policy and procedures with regard to managing diversity. Be aware of their responsibility, challenge inappropriate behaviour when appropriate and always report inappropriate behaviour to their manager. 3.7 Trade Union representatives Representatives of recognised trade unions and staff associations will be expected to co-operate with managers in the exercising of the Trust s legal responsibility and of this policy. 4. The Law 4.1 The Equality Act 2010 came into force on 1 October The purpose of the Act is to simplify discrimination legislation and create a more consistent and effective framework, while at the same time extending discrimination protection. 4.2 It is unlawful to discriminate directly or indirectly in recruitment or employment because of a protected characteristic. The protected characteristics under the Act are: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation 4.3 Discrimination after employment may also be unlawful e.g. refusing to give a reference for a reason related to one of the protected characteristics. 4.4 Staff should not discriminate against or harass a member of the public in the provision of services or goods. It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service. Author: Sue Smith Deputy Director of Human Resources Page 6 of 15

7 4.5 The Equality Act places additional duties on public authorities to have due regard to the need to:- Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not. 5. Types of Unlawful Discrimination 5.1 Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant. In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim. 5.2 Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by direct sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim. 5.3 Harassment is where there is unwanted conduct, related to one of the protected characteristics that has the purpose or effect of violating a person s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct. 5.4 Associative discrimination is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic. 5.5 Perceptive discrimination is where an individual is directly discriminated against or harassed based on a perception that he/she has a particular protected characteristic when he/she does not, in fact, have that protected characteristic. Author: Sue Smith Deputy Director of Human Resources Page 7 of 15

8 5.6 Victimisation occurs where an employee is subjected to a detriment, such as being denied a training opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the Equality Act 2010, or because he or she is suspected of doing so. However, an employee is not protected from victimisation if he or she acted maliciously or made or supported an untrue complaint. 5.7 Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage. 6. Scope 6.1 This policy applies to all potential and existing employees, Non-Executive Directors and Governors, temporary or bank staff and volunteers. The policy will also be drawn to the attention of students on clinical placement, work experience, contractors, agency and other visiting workers (whether NHS or non NHS employees). The Trust expects these groups to conform to the spirit and intention of the policy. 7. Equal Opportunities in Employment 7.1 The Trust will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy. 7.2 Person specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. 7.3 Disability and personal or home commitments will not form the basis of employment decisions except where necessary. 7.4 The Trust will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if the Trust considers it has good reasons, unrelated to any protected characteristic, for doing so. The Trust will comply with its obligations in relation to statutory requests for contract variations. The Trust will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability. Author: Sue Smith Deputy Director of Human Resources Page 8 of 15

9 7.5 The Trust will monitor the ethnic, gender and age composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process. 8. Positive Action 8.1 Employers may take positive action in the form of proportionate measures to encourage or train people from an under-represented group to apply for jobs, overcome a perceived disadvantage or meet specific needs based on a protected characteristic. 8.2 Examples of positive action include making additional training opportunities available to enable people from under-represented groups to compete equally for available jobs or stating that applications would be particularly welcome from particular groups. 8.3 A particular racial group or sex is under-represented if, at any time during the previous twelve months, either there was no one doing the job in question, or there were disproportionately few in comparison with the group s proportion in the workforce at that establishment, or in the relevant labour market. 8.4 Positive action should not be confused with positive discrimination which is unlawful. Positive action is a measure designed to allow individuals from under-represented groups to compete on an equal footing. Positive discrimination would be the selection of someone because they fell into the under-represented group. 9. Training 9.1 The Trust will provide training to managers and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise in the management of people. This training can be accessed through the HR Learning & Development team. 9.2 The Trust will provide training to all existing and new employees and others engaged to work at the Trust to help them understand their rights and responsibilities under this policy and the Bullying and Harassment policy and what they can do to help create a working environment free of bullying and harassment. The training is available via elearning which can be accessed through the Electronic Staff Record (ESR). Author: Sue Smith Deputy Director of Human Resources Page 9 of 15

10 10. Equality Impact Assessment (EIA) 10.1 Equality Impact Assessments (EIAs) are an effective way of improving policy development and service delivery, making sure that we consider the needs of the community, identify potential steps to promote equality and do not discriminate The Trust has developed guidance for staff to ensure that all staff understand how to complete an EIA when: Considering any new or changing activity Developing or changing service delivery Procuring services Developing projects Developing a policy / procedure / guidance or changing or updating existing ones Guidance on the completion of an EIA is contained within Appendix Monitoring Compliance 11.1 Compliance with this policy will be monitored by Human Resources and reported to the Equality, Diversity and Human Rights Steering Group. 12. References Equality Act 2010 Special Educational Needs and Disability Act 2001 Protection from Harassment Act 1997 Employment Rights Act 1996 Employment Relations Act 1999 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) The Equality Act What s new for employers, ACAS guide Equality Act 2010 Guidance for Employers, Equalities and Human Rights Commission, July 2010 Author: Sue Smith Deputy Director of Human Resources Page 10 of 15

11 Appendix 1 Equality Impact Assessment (EIA) Guidance An Equality Impact Analysis (EIA) is a document that summarises how the Trust has had due regard to the Public Sector Equality Duty within the Equality Act 2010 in decision-making. Public Sector Equality Duty The Equality Act 2010 places a duty on the Trust, when exercising public functions, to have due regard to the need to: 1) Eliminate discrimination, harassment and victimisation; 2) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; 3) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. These are known as the three aims of the general equality duty. Protected Characteristics The Equality Act 2010 sets out nine protected characteristics that apply to the equality duty: Age Disability Gender reassignment Pregnancy and maternity Race Religion or belief Sex Sexual orientation Marriage and civil partnership* *For marriage and civil partnership, only the first aim of the duty applies in relation to employment. Due Regard To have due regard means that in making decisions and in its other day-to-day activities the Trust must consciously consider the need to do the things set out in the general equality duty: eliminate discrimination, advance equality of opportunity and foster good relations. How much regard is due will depend on the circumstances and in particular on the relevance of the aims in the general equality duty to the decision or function in question. The greater the relevance and potential impact, the higher the regard required by the duty. The three aims of the duty may be more relevant to some functions than others; or they may be more relevant to some protected characteristics than others. Author: Sue Smith Deputy Director of Human Resources Page 11 of 15

12 The following questions can help you to determine relevance, but this is not an exhaustive list: Does the policy, strategy or business case affect service users, employees or the wider community, and therefore potentially have a significant effect in terms of equality? Remember, relevance will depend not only on the number of those affected but also by the significance of the effect on them. Is it a major policy, strategy or business case, significantly affecting how functions are delivered in terms of equality? Does the policy, strategy or business case relate to functions that previous engagement has identified as being important to particular protected groups? Does or could the policy, strategy or business case affect different protected groups differently? Does it relate to an area with known inequalities? Does it relate to an area where equality objectives have been set by the Trust? When you decide that a policy, strategy or business case is not relevant to equality, you will need to document this, along with the reasons and the information that you used to make this decision. A simple statement of no relevance to equality without any supporting information is not likely to be sufficient, nor is a statement that no information is available. This is particularly important where you are not familiar with how to undertake an equality impact analysis or with equality concerns, as you could inadvertently overlook issues that could indicate relevance to equality. This could leave the Trust vulnerable to legal challenge. Timing Due regard should be considered throughout the development of the decision and notes should be taken on how due regard to the equality duty has been considered. The completion of the EIA is a way of effectively summarising the due regard shown to the equality duty throughout the decision-making process. Further Advice Further Advice on completing an Equality Impact Assessment can be sought from the Operational HR Team. Author: Sue Smith Deputy Director of Human Resources Page 12 of 15

13 Appendix 2 Equality Impact Assessment (EIA) Template Equality Impact Assessment Template 1. Title of document/service for assessment 2. Date of assessment 3. Date for review 4. Directorate/Service 5. Approval Committee 6. Does the document/service affect one group less or more favourably than another on the basis of: Protected characteristic: Yes/No Rationale Age Disability Gender reassignment Pregnancy and maternity Race Religion and belief Sex Sexual orientation Marriage and civil partnership 7. If you have identified potential discrimination, are the exceptions valid, legal and/or justified? 8. If the answers to the above question is no then adjust the element of the document / service to remove the disadvantage identified. 9. If neither of the above is possible, take no further action until you have contacted your EIA Divisional / Directorate link for review and support Signature of person completing the Equality Impact Assessment Name Time Date Chair of decision making Board / Group / Committee approval and sign off Name Time Date Author: Sue Smith Deputy Director of Human Resources Page 13 of 15

14 Document Control Information Ratification Assurance Statement Dear Claire Please review the following information to support the ratification of the below named document. Name of document: Name of author: Equality & Diversity Policy Sue Smith Job Title: I, the above named author confirm that: Deputy Director of Human Resources The Policy presented for ratification meets all legislative, best practice and other guidance issued and known to me at the time of development of the Policy; I am not aware of any omissions to the Policy, and I will bring to the attention of the Executive Director any information which may affect the validity of the Policy presented as soon as this becomes known; The Policy meets the requirements as outlined in the document entitled Trust-wide Policy for the Development and Management of Policies (v4.0); The Policy meets the requirements of the NHSLA Risk Management Standards to achieve as a minimum level 2 compliance, where applicable; I have undertaken appropriate and thorough consultation on this Policy and I have documented the names of those individuals who responded as part of the consultation within the document. I have also fed back to responders to the consultation on the changes made to the Policy following consultation; I will send the Policy and signed ratification checklist to the Policy Coordinator for publication at my earliest opportunity following ratification; I will keep this Policy under review and ensure that it is reviewed prior to the review date. Signature of Author: Date: 30 th June 2015 Name of Person Ratifying this policy: Claire Buchanan Job Title: Director of Human Resources Signature: Date: 02 July 2015 To the person approving this policy: Please ensure this page has been completed correctly, then print, sign and post this page only to: Director s Office, Wolfson Centre, (D1), Royal United Hospital The whole policy must be sent electronically to: ruh-tr.policies@nhs.net Author: Sue Smith Deputy Director of Human Resources Page 14 of 15

15 Consultation Schedule Name and Title of Individual Date Consulted Alastair Davies, Chaplain 28 May 2015 Karen Driscoll, Specialty Manager - Surgery 28 May 2015 Anne Dye, Staff Side Chair 28 May 2015 Linda Gardiner, Hospital Play Specialist 28 May 2015 Brian Gubb, Hospital Engineer 28 May 2015 Angela Hayday, Associate Director of Learning & 28 May 2015 Development Theresa Hegarty, Head of Patient Experience 28 May 2015 Howard Jones, Director of Estates & Facilities 28 May 2015 Kelly Jupp, Speciality Manager Women & Children s 28 May 2015 Nigel Sullivan, Non-Executive Director 28 May 2015 James Scott, Chief Executive 28 May 2015 Max Warner-Holt, Patient Experience Manager 28 May 2015 The following people have submitted responses to the consultation process: Name and Title of Individual Date Responded Maggie Bruniges, Staff Side Chair 01 June 2015 Raechel Harper, 01 June 2015 Angela Hayday, Associate Director of Learning & 01 June 2015 Development Amanda Gunning, Learning Technologies Lead 01 June 2015 Howard Jones, Director of Estates & Facilities 28 May 2015 Claire Buchanan, Director of HR 19 May 2015 Name of Committee/s (if applicable) Date of Committee Equality & Diversity Committee 05 November 2014 Equality & Diversity Committee 27 February 2015 Equality & Diversity Committee 28 May 2015 TCNC Policy Sub Group 04 June 2015 Equality & Diversity Committee 26 June 2015 Strategic Workforce Committee 02 July 2015 Author: Sue Smith Deputy Director of Human Resources Page 15 of 15