WILTSHIRE POLICE FORCE PROCEDURE Positive Action Procedure Author Tanya Lines Department Human Resources Date of Publication April 2010 Review Date April 2013 Technical Author S Williams
CONTENTS CONTENTS... 2 OVERVIEW... 3 SECTION 1 - DEFINITION OF POSITIVE ACTION... 5 SECTION 2 - DEFINITION OF UNDER- REPRESENTATION... 6 SECTION 3 - WHY POSITIVE ACTION IS IMPORTANT... 8 SECTION 4 - POSITIVE ACTION INITIATIVES... 9 SECTION 5 PLANNING POSITIVE ACTION: A FLOW CHART...12 INDEX... 14 2
POSITIVE ACTION PROCEDURE OVERVIEW For Positive Action to be effective and compliant with the law it is necessary to identify under-representation initially and to then adopt a planned approach to any initiative, involving consultation and planning. This Procedure has been prepared to assist staff and managers increase their understanding of positive action and under representation. It also outlines the process for a manager to follow should they consider there is a need for positive action, the steps they would need to take and the support and advice that is available when taking such an initiative forward. Glossary of Terms Term VME s DDA GOR CLDP HPDS DDA HR Two Tick Meaning Visible and Minority Ethnic Individuals Disability Discrimination Act Genuine Occupational Requirement Core Leadership Development Programme High Potential Development Scheme Disability Discrimination Act Human Resources Government led quality mark awarded by Job Centre Plus for employers that demonstrate (through certain actions) that they are positive about employing and retaining people with Disabilities. 3
Strategic Aims The Force Priorities linked to this document are set out below. Force Priorities Linked to this Policy Taking our staff with us Delivering (safe and) satisfied communities Increasing public confidence COMPLIANCE European Convention on Human Rights (ECHR) Compliance The table below lists the ECHR Compliance Guide paragraphs that specifically relate to this Policy. ECHR Compliance Guide paragraphs relating to this 1. The Impact of The European document Convention on Human Rights 2. Article 6 - Right to a Fair Trial 3. Article 9 - Freedom of Thought, Conscience and Religion 4. Article 10 - Freedom of Expression 5. Article 11 - Freedom of Assembly and Association 6. Article 14 - Prohibition of Discrimination 7. Positive Obligation 8. Duty of Staff RESPONSIBILITY FOR POSITIVE ACTION The Equality and Diversity Officer is responsible for facilitating the delivery of the Positive Action Plan (this action plan can be accessed via the HR Intranet) which includes input from different areas of the organisation. The overall lead for positive action including monitoring responsibility (to ensure we are compliant with legislation) is the Forces HR Director. However, in order to truly achieve a workforce that reflects the society that the Force serves, the responsibility to drive and deliver positive action initiatives is Force wide. Each department is accountable for monitoring and addressing barriers to under-represented groups by implementing locally driven initiatives. 4
SECTION 1 - DEFINITION OF POSITIVE ACTION Positive Action is a legal term contained within the Race Relations Act (Sections 37 and 38*) and the Sex Discrimination Act (Sections 47 and 48*) and within this framework there are certain limited actions which an employer can take to help redress the effects of past discrimination. Separate guidance is available on the legal background for those wishing further clarity or depth of understanding. Positive Action is not about giving some people favourable treatment in terms of securing a job. The employer must be able to demonstrate underrepresentation within the organisation as a whole or at certain levels or in certain types of jobs. Where this is established, the employer can offer encouragement to the under-represented group(s) to positively attract, or offer training to those groups to help them compete for opportunities. When it comes to appointing an applicant, candidates must still be selected on their own merits. Positive action supports but does not detract from fair and non-discriminatory employment practice which must always aim to recruit the best person for the job. * Further information on these Acts can be found on the HR Intranet. Clarification of other terms Positive discrimination generally means employing someone simply because they come from a particular under-represented or disadvantaged group, regardless of whether or not they have the requisite skills and qualifications; it is unlawful under current UK legislation. However, under the Disability Discrimination Act 1995 (DDA) an element of positive discrimination is allowed for example, arranging alternative interview methods when recruiting. Furthermore the Two Tick symbol status, which the Force holds for disability, means (amongst other commitments) that the Force guarantees an interview for a person with a disability if they meet the minimum criteria for the position. Affirmative action is also unlawful under current UK legislation. It aims to address in-balance in work forces through a forced change to bring about representation quickly e.g.: establishing racial quotas and offering 50% of available positions to VME s selected on merit and 50% to others. 5
Genuine Occupational Requirement - there is an option within the law to recruit an individual on the basis of gender, race, sexual orientation etc. only if that job cannot be carried out by an individual of a different gender, race or sexual orientation etc. This is termed a Genuine Occupational Requirement (GOR). For example, a role that required an individual to conduct a physical search on a female offender, where best practice guidance indicates it would be inappropriate to use a different gender officer. In these circumstances, a GOR may be applicable and female only applicants could be sought. However, Genuine Occupational requirements are rarely applied, very strictly defined and need to be justified to be carried out. If you consider that one exists for a role that you are selecting for, advice must be sought from the Equality and Diversity Officer or the Recruitment Manager, both within the Recruitment Department at HQ. Further information on these terms can be found on the HR Intranet. 6
SECTION 2 - UNDER- REPRESENTATION Under the Sex Discrimination Act (sections 47 and 48) and Race Relations Act (sections 37 and 38), Wiltshire Police are able to take positive action to provide training or encouragement to under-represented groups. Defining Under Representation In order to establish under-representation, the area in question needs to be assessed against any available benchmarks. This should be conducted with the support of the Equality & Diversity Officer who has access to current and historical data and can also give advice on the relevant benchmarks to use. Below are some examples of under-representation within Wiltshire Police s workforce. Example One: Wiltshire Police have an under-representation of Visible and and Minority Ethnic (VME) individuals. This is established by looking at the local population of economically employable individuals from this group*. As the Force employs less than the total population percentage of the VME group as a whole, this can be identified as under-representation, as the Force s overall workforce is drawn from that potential pool. Example Two: Wiltshire Police have under-representation of women officers in senior ranks. Whilst the Force has one of the highest proportions of women officers in the UK there is under-representation in positions above the rank of Sergeant*. This is clearly disproportionate representation, particularly since the Force has a good gender balance in its lower ranks. Women officers are also under-represented in specialised units e.g. Armed Response Group, Roads Policing and Dog Handling. These examples show areas where the Force could legally initiate Positive Action due to justifiable under-representation. They are also generic and representation is continually under review as the organisation instigates more initiatives for positive action and thereby changes and grows. 7
*Estimated Population Figures & Under-representation By looking at population figures, under-representation clearly exists, however when measuring success in addressing this imbalance the Force will also take into consideration that some individuals in these groups may not want to apply to join Wiltshire Police or indeed be interested in promotion or specialist posts. Therefore, these figures would be better used as a general guideline to work towards rather than to be considered a realistic or achievable target. Defining Barriers Before embarking upon such initiatives, it is vital to conduct further analysis to try to identify what the barriers may be. This is to ensure that any action taken is focused upon the correct aspect to achieve the right outcome. The example below demonstrates how this would work: Example Three: Time and effort could be spent upon encouraging women officers to apply for more senior roles. However, further analysis then shows that there are disproportionate numbers who are not qualified for promotion therefore the effort should be on exploring why this is the case first, rather than beginning an initiative with encouraging applications in general. This is a hypothetical example but shows the importance of understanding the data and the circumstances surrounding the situation to address the right barriers to development. Advice on barrier identification is always available from the Equality and Diversity Officer. Legislative Framework It is important to note at this stage that Positive Action is used only in certain circumstances in order to level the playing field. If there is a failure to follow any part of the conditions which apply to positive action in Section 37 of the RRA or Section 48 SDA, the action will be unlawful racial/sexual discrimination. Final selection must always remain on individual merit. 8
SECTION 3 - WHY POSITIVE ACTION IS IMPORTANT The central aim of positive action, like all equality initiatives, is to make equality of opportunity a reality. With only a very few rare exceptions, the legislation makes it unlawful to discriminate or deny employment to people on the grounds of race, gender, disability, religion or sexual orientation and age. This legislation has been in place in the UK for many years and yet in many areas, as employees, applicants or receivers of services, these groups of people continue to experience some form of discrimination. Positive Action is one way of rectifying the problems of inequality and under-representation in the employment arena. Internal drivers for taking positive action Positive action is important so that Wiltshire Police can reflect the community that it serves to increase public confidence and satisfaction. To have a diverse mix of skills, backgrounds and experiences to make the Force stronger and more able to offer a quality of service to all in Wiltshire. External drivers for taking positive action Positive action is important as an employers duty. The Race Relations Amendment Act (2000) places obligations on all public sector bodies to promote race equality and the Home Office produced a publication for all Forces as a guide for attraction and retention of ethnic minorities to help dismantle any potential barriers in these areas (see the HR Intranet for the document Breaking Through Action Plan: Promoting Minority Ethnic Employment in the Police Service - Home Office, 2004). On a national level The British Association for Women in Policing also draw attention to potential barriers to women officers such as career progression and how to achieve representation (see HR Intranet for Gender Agenda 2 document). Wiltshire Police has a clear commitment to achieving a workforce that reflects the community it serves and positive action is a practical means of achieving that. In addition, positive action breaks down internal barriers and helps to create a culture where every employee feels valued, able to maximise their potential in the workplace and to be treated with respect. Organisations where this is achieved have been shown to be the strongest performers and help to deliver a high quality of service. 9
SECTION 4 POSITIVE ACTION INITIATIVES For positive action to be effective the Force needs to identify and address the needs of under-represented or disadvantaged groups to improve representation. It also needs to be carried out in a controlled, structured, planned and positive way. The HR Department via the Diversity and Equality Officer have a responsibility to monitor the Force overall and will analyse data regularly to identify any areas of concern and will raise any identified as appropriate. The role of a Line Manager is to monitor their own team so that any issues can be quickly identified and barriers removed. Some issues may be uncovered that will require changes to organisational culture and practices that disadvantage some groups. These are longer term issues and would be raised at the highest level. However, all Line Managers and Departmental Heads have a responsibility to monitor at a more local level, particularly where recruitment / selection or development opportunities are under consideration. To achieve this a Line Manager or Departmental Head would need to go through Stage 1 and 2 below. Starting with a positive action step (research based) and then a measure (action based): Stage 1. Positive Action Steps for a Line Manager monitoring the area of interest for race, gender, sexual orientation, religion, age and disability (Line Managers will be contacted at least twice a year to report on underrepresentation figures and planned initiatives). identifying under-representation from monitoring (Data for this can be requested via the Force Oracle Systems Administrator) exploration of potential barriers (through anecdotal research / surveys etc.) (Suggested national barriers can be sought from documents on the HR Intranet e.g. Gender Agenda 2 ). 10
consideration of positive action measures (see below for some examples) adopting a realistic action to improve representation through lawful means ensuring the Forces anti-harassment and equal opportunities policy is well known and being adhered to (i.e. ensuring it is part of each employees induction) promoting and sign posting under-represented groups to national support groups e.g. Black Police Association and our local representatives for information / support. consultation with Staff Associations to ensure clear communication and common understanding advice sought from the Equality & Diversity Officer to ensure that the measures being proposed are appropriate Stage 2. Positive Action Measures/ Initiatives for a Line Manager One under-representation and potential barriers are identified, the following details some suggestions for the type of initiatives that can be taken to address these areas. More details on these can be found on documents such as Breaking Through the Barriers (Home Office guidelines for attracting, developing and retaining ethnic minorities), Gender Agenda 2 (British Association of Women in Policing document) and the Home Office Positive Action Tool Kit. See the HR Intranet for these documents. Please note that some of these initiatives may have existing policies in place which will need to be referred to (e.g. Flexible Working Policy, Religious and Cultural Needs Policy etc. - also to be found on the HR Intranet). Internal offering taster sessions / awareness events to specialised areas ensuring equipment does not present inadvertent barriers targeted advertising or encouragement to under-represented groups (this must not be attempted independently but in consultation with the Equality & Diversity Officer for consistency and to be compliant with legislation) use of champions i.e.: members of the under represented group who have succeeded in this field/rank etc to encourage and mentor 11
use of the Force s mentoring scheme (visit the Learning & Development site on firstpoint for further information) offering exam / promotion board preparation support External attraction offering work experience opportunities (please refer to the Force Work Experience Policy on the HR Intranet) mentoring for students from the local community open days or tours of departments working with community groups local community sponsorship targeted advertising (supplementary to generic advertising) participating in community or educational events joining employer equality networks Training providing training for under-represented groups (e.g. management training for women in senior positions) training staff in their responsibilities under legislation/policy and procedures encouraging minority groups to attend development and motivational courses (e.g. the Positive Action Leadership Course, Springboard (women) and Navigator (men)) Retention use of the mentoring scheme use of staff association Force representatives for advice / support 12
encourage minority groups to find out more about our staff associations and positively promote them encouraging career development through Personal Development Review or consideration of leadership courses e.g. CLDP or HPDS. These can be offered alongside regular one to one s to check progress. Positive action should start with following the planning process in the same way as we would plan any other management led activity using S.M.A.R.T objectives. Therefore, when signing up to actions for your department ensure they are; SPECIFIC, MEASURABLE, ACHIEVABLE, REALISTIC and TIMEBOUND. SECTION 5 - PLANNING A POSITIVE ACTION INITIATIVE A separate document is accessible via the HR Intranet which outlines, in flow chart form, the exact process that should be followed when planning a positive action initiative and the support available to achieve a successful outcome from taking such steps and measures. Also included are Appendices relating to legislation which underpins positive action and a more detailed definition of Genuine Occupational Requirement. 13
INDEX CONTENTS... 2 INTRODUCTION... 3 Overview...3 Glossary of Terms...3 Strategic Aims...4 European Convention on Human Rights (ECHR) Compliance... 4 SECTION 1. Definition of positive action... 5 SECTION 2. Under-representation in Wiltshire Police...7 SECTION 3. Why Positive Action is important...9 SECTION 4. Positive Action Initiatives...10 SECTION 5. Planning Positive Action: A flow - chart (see HR Intranet)...10 INDEX... 14 14