NHS Isle of Wight Clinical Commissioning Group: Governing Body Date of Meeting: 21 March 2013 Agenda Item: 6.2 Paper number: GB13/020 EQUALITY AND DIVERSITY POLICY Sponsor: Caroline Morris, Head of Corporate Business Summary of issue: Action required/ recommendation: Principle risks: Other committees where this has been considered: Financial /resource implications: Legal implications/ impact: Public involvement /action taken: Equality and diversity impact: Through this policy the CCG will promote fairness, tackle disadvantage and stigma and ensure that there is no discrimination, whether direct, indirect or by way of victimisation or harassment, against its visitors, customers, existing employees or those wishing to seek employment with the CCG. To approve the Policy Lack of compliance with legal obligations as set out in statute, and cultural behaviour that does not recognise equality and diversity as integral to its business-as-usual activities. None None This policy is aligned to legislation on the subject of equality and diversity, capturing key duties and responsibilities and ensuring compliance. There has been no public involvement in the development of this paper. This policy ensures that a transparent approach to equality and diversity within the CCG, minimising any potential discrimination and maximising positive effects on equality and diversity. Date of Paper: 21 March 2013
NHS ISLE OF WIGHT CLINICAL COMMISSIONING GROUP EQUALITY AND DIVERSITY POLICY
AUTHOR/ APPROVAL DETAILS Document Author Written By: Human Resources Authorised Signature Authorised By: Helen Shields Date: 21 st March 2013 Job Title: Human Resources Advisor Effective Date: 1 st April 2013 Approval At: CCG Governing Body Date: 21 st March 2013 Job Title: Chief Officer Review Date: 21 st March 2014 Date Approved: 21 st March 2013 VERSION CONTROL Version Date Changes 1 20/03/13 First draft (amended)
CONTENTS Part Description Page 1 Executive Summary 4 2 Purpose and Scope 4 3 Definitions 5 4 Responsibilities 6 3.1 Isle of Wight CCG Governing Body 6 3.2 The Chief Officer 6 3.3 Heads of Commissioning 6 3.4 All Employees 7 5 Monitoring 8 6 Training 8 6.1 Current Position 8 6.2 Requirements for Equality and Diversity Training 8 7 Links to other Policies and Strategic Documents 9 8 References 10 Appendix Description Page 1 Glossary of Terms 11 NHS Isle of Wight Clinical Commissioning Group 3
1. EXECUTIVE SUMMARY 1.1 The Isle of Wight Clinical Commissioning Group is intent on advancing equality and diversity as key features within all its activities, as it believes this to be ethically right and socially responsible. This Policy provides for coordination and implementation at a strategic level and is supported by additional policies that provide for an organisational-wide integrated approach to equality and diversity. 2. PURPOSE AND SCOPE 2.1 The Isle of Wight Clinical Commissioning Group (thereafter named as the CCG) recognises that managing diversity is crucial to promoting the CCG as an employer of choice. 2.2 This policy will ensure that equality and diversity is integral to day to day activities of the CCG. 2.3 The CCG recognises the value of diversity, cultural differences and it is committed to maximising individual contribution to provide better service. 2.4 The CCG seeks to guarantee equality of opportunity for all. 2.5 Equality of opportunity means that an individual s diversity is viewed positively and, in recognising that everyone is different, valuing equally the unique contribution that individual experience, knowledge and skills can make. 2.6 Through this policy the CCG will promote fairness, tackle disadvantage and stigma and ensure that there is no discrimination, whether direct, indirect or by way of victimisation or harassment, against its visitors, customers, existing employees or those wishing to seek employment with the CCG. 2.7 Everyone who works for the CCG, or applies to work for the CCG, will be treated fairly and valued equally. All conditions of service and job requirements should fit the needs of the service. 2.8 This policy applies to, and must be adhered by, all employees of the CCG, irrespective of their position within the CCG or the status and type of their employment contract. It will also apply to contractors, employees of other organisations who are on site, students and volunteers. 2.9 The CCG recognises its legal obligations as described in the following Acts: The Equal Pay Act 1970 and Equal Pay (Amendment) Act 1983 Rehabilitation of Offenders Act 1974 Sex Discrimination Act 1975 and 1986 Race Relations Act 1976 and Race Relations (Amendment) Act 2000, Disability Discrimination Act 1995 Asylum and Immigration Act 1996 The Human Rights Act 1998 The Employment Equality (Religion or Beliefs) Regulations 2003 amended in 2006 to introduce protection against discrimination on the grounds of religion or belief in the provision of goods, facilities goods, facilities or services The Employment Equality (Sexual Orientation) Regulations 2003 The Employment Equality (Age) Regulations 2006 The Equality Act (Sexual Orientation) Regulations 2007 NHS Isle of Wight Clinical Commissioning Group 4
The Equality Act 2010 2.10 The CCGl also recognises Codes of Practice issued by the Commission for Equality and Human Rights; Commission for Race Equality and the European Council s Code of Practice for Protecting the Dignity of Women and Men at Work and Equal Opportunities Agreement in Agenda for Change: NHS Terms and Conditions of Service Handbook. 2.11 Ensure that equality impact assessments are incorporated in the business planning systems and when writing operational policies and procedures. 2.12 Through this policy the CCG will promote a positive action approach in offering employment to people from under represented or disadvantaged groups. 3. DEFINITIONS 3.1 Equal opportunities seeks to eliminate the unlawful discriminatory practices and the promotion of measures designed to combat the effects of past discrimination. For the purpose of this policy, the following definitions shall apply: Direct Discrimination takes place when a person is treated less favourably than others are, or would be treated in the same or similar circumstances on the grounds of age, disability, race, gender, religion, beliefs, sexual orientation, gender reassignment, non/trade union membership. Indirect Discrimination means applying a requirement or condition which, although applied equally to all persons is such that a considerably smaller proportion of particular groups of people can comply with it and it cannot be strictly justified in terms of the requirements for performing the job e.g. a rule about clothing or uniforms which disproportionately disadvantages a minority group and cannot be justified. Discrimination by way of victimisation occurs where a person is treated less favourably than others because that person threatens to bring proceedings, to give evidence or information, to take any action or make any allegation with reference to the anti-discrimination legislation, or has already done any of those things. Stigma is best defined as: ignorance and prejudice that results in systematic disadvantage. This form social exclusion occurs at home, at work, in personal life, in social activities, in healthcare, and in the media. Diversity recognises that there is no such thing as a typical citizen. Diversity is beyond race, gender or physical and intellectual abilities and mental capacity. It includes opinions, sexual preferences, social customs, culture and other aspects of variations in lives and life styles. Culture is often manifested in two distinct ways. The first is as values, beliefs, rituals, behaviours and theories held amongst a collective group or society. Culture is also observed practices of organisations and families. Harassment is behaviour which is unwelcome or unacceptable and which results in the creation of a stressful or intimidating environment for the victim amounts to harassment. It can consist of verbal abuse, racist jokes, insensitive comments, leering, physical contact, unwanted sexual advances, ridicule or isolation. NHS Isle of Wight Clinical Commissioning Group 5
4. KEY RESPONSIBILITIES 4.1 Isle of Wight CCG Governing Body 4.1.1 The CCG Governing Body is responsible for ensuring that diversity recognised positively and for tackling discrimination. It has a legal and moral responsibility for ensuring that its employees do not discriminate directly, indirectly or by way of victimisation. Furthermore, it has a responsibility to ensure that, where the CCG has control of the situation, individuals within its care or employment are protected from discrimination by others. Even where, the abuser is not an employee. 4.1.2 The CCG has a responsibility to meet its statutory obligations as defined in the general and specific duties within the CCGs Race Equality Scheme, Disability Equality Scheme and Gender Equality Scheme. 4.1.3 The CCG has a responsibility for consulting with the communities it serves on the delivery of all its services. It is responsible for ensuring that minority communities are treated equitably. 4.2 The Chief Officer 4.2.1 The Chief Officer will be responsible for ensuring the introduction and monitoring of this policy. This includes: ensuring that Heads of Commissioning and staff receive appropriate training on equality, diversity and cultural differences. ensuring that adequate diversity monitoring systems are established. ensure that Equality Impact Assessments (EqIA) are integrated into service planning and policy review processes. following the completion of an EqIA the Chief Officer will be expected to develop an Equality Action Plan to rectify any deficiencies in the operation of this policy and procedures by taking positive action to correct inequities. ensure that this policy is regularly reviewed taking into account in changes in legislation, legal precedent or best practice. 4.3 Heads of Commissioning 4.3.1 Heads of Commissioning are responsible for: ensuring that all employees are aware of the legal aspects particularly in relation to the discriminatory laws and their personal responsibilities in relation to this policy by: o allowing staff to attend relevant training or briefing sessions o ensuring that appraisals include discussions Core Dimension 6; Equality and Diversity of the NHS Knowledge and Skills Framework and the CCG s Employee Qualities Framework o providing guidance to ensure that staff do not behave in a discriminatory manner 4.3.2 Taking appropriate action if any discriminatory behaviour is brought to their attention. 4.3.3 Ensure that grievances arising from this policy are dealt with promptly and in a fair, consistent and appropriate manner and in accordance with the CCG s Grievance procedures. Heads of Commissioning should be aware of the different backgrounds, cultures and individual needs that may influence such grievances. NHS Isle of Wight Clinical Commissioning Group 6
4.3.4 Contribute to the CCG s Equality Action Plan. 4.3.5 Ensure they (Heads of Commissioning) are aware of the legal aspects of discriminatory law, as well as the cultural differences that may influence the delivery of patient care and the management of staff. 4.3.6 Ensure that staff are given constructive feedback on their behaviour towards other staff, visitors, and customers. 4.4 All Employees 4.4.1 While the prime responsibility for ensuring that there is no discrimination within the organisation rests with the CCG Governing Body, individual employees at all levels also have responsibilities. 4.4.2 Employees have responsibilities towards the CCG and their colleagues. The CCG does not accept discriminatory actions or practices from its employees, contractors, and employees of other organisations who are on site, students and volunteers. 4.4.3 Individuals are expected: to co-operate with measures introduced by the CCG to ensure equal opportunities and non-discrimination. not to discriminate against others by allowing their prejudices and stereotypes to influence their decisions. to accept that everyone is different and value equally the unique contribution that individual experience, knowledge and skills can make. not to provoke or deliberately or consciously provoke other employees, trade unions or management to practice actions contrary to this policy. not to victimise or attempt to victimise individuals on the grounds that they have made complaints, or provided information on discrimination. not harass, abuse or intimidate other employees on any grounds whatsoever. be sensitive to the use of language, labelling and humour and the impact it may have on individuals. inform the appropriate line of management if they suspect that discrimination is taking place in employment decisions. all staff will work in a collaborative and co-operative manner and afford mutual respect and courtesy with each other. Accordingly, staff shall recognise and have due regard to the environment in which the dignity of individuals is respected and free from harassment. staff are very welcome to use their native language with friends and colleagues at any time when they are not working in an English speaking team. For example, during lunch breaks. there are circumstances, when it would be beneficial to a client or colleague to clarify their understanding by using their first language. Consideration should be given to the terminology used. NHS Isle of Wight Clinical Commissioning Group 7
5. MONITORING 5.1 An essential part of the policy is the monitoring process to ensure that the CCG s obligations and procedural requirements are met. The Governing Body is responsible for equality and diversity. This includes ensuring that this policy and its implementation are properly and adequately monitored. 5.2 To facilitate this, the Human Resource service will: collect and maintain records of the gender, age, disability, race, religion, belief and sexual orientation examine the distribution of staff and the success rate of applicants by gender, age, disability, race, religion, belief and sexual orientation ensure records are maintained of employment decisions such as recruitment, training and employment records of all staff 5.3 The monitoring results will be reviewed annually to ascertain the effectiveness of the implementation of this policy and an annual report will be presented to the CCG Governing Body. 5.4 If the monitoring process identifies groups of employees who are under represented or overrepresented in certain jobs or departments, or among applicants or successful candidates, the Chief Officer will assess the reasons for this. Where appropriate, positive action will be taken to achieve equal opportunity. This may include specific training to an under represented group, or targeting recruitment, i.e. positive action is not positive discrimination. The best person shall still be selected. 5.5 The results from the CCGs annual staff surveys will be reviewed and where areas of concern are identified, action plans will be developed. 6. TRAINING 6.1 Current Position 6.1.1 Specific help will be made available to an individual whose first language is not English or to those individuals who are not familiar with the culture and customs in the Britain. 6.1.2 Staff new to the CCG will receive Equality and Diversity training during their induction. 6.1.3 The Core Learning Units Equality and Diversity and Disability Awareness e-learning modules are available via the Training and Development Department. 6.1.4 Training for specific minority groups is advertised internally. 6.2 Requirement for Equality and Diversity Training 6.2.1 The CCG is responsible for ensuring its employees do not discriminate or harass patients, colleagues or visitors. Therefore a blended approach to Equality and Diversity training will be provided. Training will be tailored to enable staff to carry out their equality and diversity responsibilities Table 1. NHS Isle of Wight Clinical Commissioning Group 8
Group 1. CCG Governing Body Management Team and Governing Body Members Training ½ day awareness programme Group 2 Directorate senior team members: Clinical Leads, Senior Commissioning Managers, Training provided to KSF Core Dimension 6 Equality and Diversity Level 4 Core Learning Unit Equality and Diversity e-learning module ½ day Diversity and Cultural Awareness Programme Group 3 Band 5 and 6 Training provided to KSF Core Dimension 6 Equality and Diversity Level 2 One, 2 hour Diversity and Cultural Awareness Programme Group 4 Bands 1 to 4 Training provided to KSF Core Dimension 6 Equality and Diversity Level 1 One 1 hour session Frequency Every 3 years Frequency Once Every 3 years Frequency Every 3 years Frequency Every 3 years 6.2.2 The CCG recognises that some of its employees will receive additional training through their professional bodies. This cannot be substituted for the CCGs employer responsibilities. 6.2.3 In the future the CCG will ensure that Equality and Diversity training is incorporated into all in house training provides and training commissioned from external providers. 7. LINKS TO OTHER POLICIES AND PROCEDURES Dignity at Work Policy NHS Terms and Conditions of Employment Handbook NHS Knowledge and Skills Framework Recruitment and Retention Policy and Procedure Grievance and Disciplinary Policy and Procedure The handbook to The NHS Constitution for England: January 2009 Isle of Wight CCGs Employee Qualities Framework Privacy and Dignity Policy NHS Isle of Wight Clinical Commissioning Group 9
8. REFERENCES The Department of Health (2004) The NHS Knowledge and Skills Framework. Department of Health (2009) NHS terms and conditions of employment NHS Employers (April 2009) Briefing 60 Managing Diversity; making it core business. ACAS Delivering equality and diversity March 2009 NHS Isle of Wight Clinical Commissioning Group 10
APPENDIX 1 GLOSSARY OF TERMS Disability GLOSSARY OF TERMS A disabled person is described in the Disability Discrimination Ac tof 1995 as one who has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. Diversity Diversity is about recognising, valuing and taking account of people's different backgrounds, knowledge, skills, and experiences, and encouraging and using those differences to create a productive and effective workforce. Ethnicity A strict definition of an ethnic group is a group regarded as a distinct community by virtue of certain essential characteristics a shared history which distinguishes it from other groups and a cultural tradition of its own. Sikhs and Gypsies are examples. However, it has come to have a broader meaning and the expression ethnic monitoring is used in reference to groups defined by colour, race or national origin as well. Gender The word 'gender' is often used in place of the word 'sex' in equality issues. 'Gender' does not appear in legislation (except for 'gender re-assignment' - see below) but 'sex discrimination' and 'gender discrimination' are generally interchangeable. Gender Reassignment: Gender re-assignment is a process undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex. The Sex Discrimination Act was extended in 1999 to make it unlawful to discriminate in employment on the grounds of an employee intending to, undergoing or having undergone, gender reassignment. Genuine Occupational Requirements: The Sex Discrimination Act and the Race Relations Act and the Religion or Belief Regulations and the Sexual Orientation Regulations allow for circumstances where a person's sex, racial group, religion or sexual orientation is a genuine requirement for a particular job. Harassment Behaviour which is unwelcome or unacceptable and which results in the creation of a stressful or intimidating environment for the victim amounts to harassment. It can consist of verbal abuse, racist jokes, insensitive comments, leering, physical contact, unwanted sexual advances, ridicule or isolation. Liability Employers have legal liability for any act of discrimination (including harassment) carried out by their employees unless the employer can show that they have taken all reasonably practicable steps to prevent it. Quotas It is unlawful to select a person for a job on the basis of their gender or race in order to achieve a fixed quota of employees of that gender or race. NHS Isle of Wight Clinical Commissioning Group 11
Sexual orientation Whether a person is attracted to people of their own sex, the opposite sex or both sexes. Assumptions and perceptions of a person's sexual orientation are also covered by law. Targets These can be percentages of underrepresented groups that employers aim to achieve in the make up of their workforce as part of their equality action plan. It is unlawful to use a target as a reason for selecting someone, but it is not unlawful to take steps to get more qualified applicants from particular groups. Transsexual A person with gender dysphoria who feels a consistent and overwhelming desire to live their life in the gender that is opposite to that assigned to them at birth. Victimisation If a person has made or is making an accusation of discrimination in good faith, it is unlawful to discriminate against them for having done so, or because they intend to do so or it is suspected that they intend to do so. NHS Isle of Wight Clinical Commissioning Group 12