Workforce Equality Information Report 1.0 Introduction Norfolk Community Health and Care NHS Trust is a public authority under the terms of the Equality Act 2010, the Trust has a legal duty to promote equality of opportunity, good relations and positive attitudes and eliminate harassment and unlawful discrimination. The Trust considers that all staff, prospective employees and patients should be treated with dignity and respect. The Trust s employment policies are written to achieve this broader objective which is central to the Trust s values. However, the Trust recognises that individuals have certain characteristics which are protected by legislation, namely the Equality Act 2010. These 9 characteristics, sometimes referred to as Equality Strands, are as follows: Age Disability Gender Reassignment Race Religion or Belief Sex (previously termed as gender) Sexual Orientation Marriage and Civil Partnership Pregnancy and Maternity We have a duty as an employer of nearly 3,000 people, to provide and publish annually an equality profile of our staff, to understand the key equality issues in our workforce. This data helps us understand how our policies and practices are affecting staff from different backgrounds. Protected characteristics as outlined above are called such because the law offers protection against being discriminated against on any of these characteristics. The Trust does not, either directly or indirectly, tolerate discrimination that is less favourable treatment related to those characteristics. Staff are treated equitably and fairly, irrespective of any of these characteristics, be they age, sex (gender), or race. 1
The Trust recognises that practices, policy criteria may inadvertently lead to less favourable treatment. Unlawful indirect discrimination does not have to be intentional. Accordingly, the Trust seeks to prevent indirect discrimination by implementing a consistent approach to conducting equality impact assessments on Human Resource policy and procedure. These are then monitored, using the equality data, to check whether there is any evidence on unintentional indirect forms of less favourable treatment towards staff with a particular characteristic. Additionally, the Trust continues to raise awareness of diversity and equality principles amongst staff and their rights and responsibilities, through training, awareness events, equality champions and targets for Equality Delivery in services. The monitoring captures most of the 9 Protected Characteristics as staff have recorded this data as part of their Electronic Staff Record. Some of the protected characteristics are new, such as marital status, that is not routinely collected. This workforce report covers the period from January 2011 December 2011. Some of the data is collected as at December 2011, in readiness for the duty to publish in January 2012. The report analyses a variety of information including: Data from the Electronic Staff Record (ESR) Data from Recruitment and Selection (NHS Jobs Website) Other sources (Staff Survey Results) This report meets our public sector equality duty under the Equality Act 2010 and will inform the equality objectives of the Trust. The findings and proposed actions from this monitoring report will be reported to the February Equality and Diversity Committee and Staff Management Council. Both are concerned with the development of policy and practice to ensure equality, diversity and human rights. This report includes: The Workforce Profile Workforce representation by Agenda for Change Banding Leavers Training and Development (Mandatory Training only) Employment Relations (e.g. Grievance, Disciplinary) Appraisal Recruitment and Selection Staff Survey Results This is the Trust s first published Equality Report since becoming an NHS Trust in November 2010 and represents an early significant step in the Trust s progress towards evaluating practices, procedures, policies that potentially could discriminate against staff based on a protected characteristic. The information will be examined to investigate whether there are any disparities and to outline required actions to address any inequalities and develop equality initiatives. These initiatives will address under representation of staff based on their protected characteristics, taking into account the changing demographic profile in Norfolk. 2
2.0 Equality Objective The Trust s equality workforce objectives (goals) are taken from the NHS Equality Delivery System. These are: Empowered, engaged and included staff Inclusive leadership at all levels 2.1 Empowered, Engaged and Well Supported Staff The outcome the Trust is aiming to achieve is to increase the diversity and quality of the working lives of the paid and unpaid workforce, supporting all staff to better respond to patients and community needs. 1. Recruitment and Selection processes are fair, inclusive and transparent so that the workforce becomes as diverse as it can be within all occupations and grades. Indicator: Workforce Profile - Recruitment and Selection Data 2. The NHS is committed to equal pay for work of equal value and expects employees to use equal pay audits to help fulfil their obligation. Indicator: Workforce Profile by Agenda for Change Banding 3. Through support and training, personal development and performance appraisal, staff are confident and competent to do their work, so that services are commissioned or provided appropriately. Indicator: Appraisal and Training and Development Information 4. Staff are free from abuse, harassment and bullying, violence from both patients, relatives, colleagues, with redress being open and fair to all. Indicator: Harassment and Bullying, Reports and Record of Violence and Aggression Incidents. (In development) 5 Flexible working options are made available to all staff, consistent with the needs of the service and the way people lead their lives. (Flexible working may be a reasonable adjustment for disabled members of staff or carers) Indicator: Flexible Working Requests; Tailored Adjustments for Disabled employees. (In development) 6. The workforce is supported to remain healthy, with a focus on addressing major health and life-style issues that affect individual staff and the wider population. Indicator: Health and Wellbeing Cases; Staff Survey Results. (in development) 3
2.2 Inclusive Leadership 1. Boards and senior leaders conduct and plan their business so that equality is advanced and good relations fostered, within their organisations and beyond. Indicator: Board Equality and Diversity Report Equality and Diversity Training for Leaders Equality Impact Assessments; Equality Committee Assurance Evidence of collaborative working via the Equality and Diversity Committee and interest group consultation 2. Middle Managers and other Line Managers support and motivate their staff to work in culturally competent ways within a work environment free from discrimination. Indicator: Cultural competence included in Equality and Diversity training Harassment and Bullying Policy promotes no discrimination Equality and Diversity Policy promotes no discrimination Workforce Equality and Diversity Report 3. The organisation uses the Competency Framework for Equality and Diversity Leadership to recruit, develop and support strategic leaders to advance equality circumstances. Indicator: Personal Development Record; Knowledge and Skills Framework; Assessments 3.0 Recruitment and Selection The following information shows the percentage of those people who applied to Norfolk Community Health and Care NHS Trust for vacancies and their self-declared information provided on the Equal Opportunities Monitoring Form. This relates to the period from 1 st September 2010 31 st August 2011 as this is the period Norfolk Community Health & Care posts, as an NHS Trust, were advertised. Norfolk Community Health and Care became and independent NHS Trust on 1 st November 2010. 3.1 Ethnicity The figures show the following: White British: Asian or Asian British Black and Black British The largest group of applicants are White, White British (86.55), of which 89 % of all short-listed were White, White British and of all successful applicants accounted for 94.8%. There are a significant number of applicants of Asian / Asian British background compared to other ethnic groups. These account for 9.8% of all applicants, 3.5% of all those shortlisted were of this background and of all successful at interview, accounted for 1.6% Is the third notable group of applicants at 6.0% of all applications received and of all those short-listed were of this 4
background with these making up 1.6% of all successful applicants. This demonstrates that the recruitment process is effective at attracting a broad spectrum of applicants from ethnic backgrounds. Although there are more Asian or Asian British applicants than that of Black or Black British applicants there is a drop in those successful at short-listing and interview. Mixed 1.3% of all applicants were of a mixed background and these make up 1.0% of all successful applicants. Applicants of other ethnic groups account for 1.5% of all applicants and do not make up any of those successful at interview. The applications are consistent with demographics in Norfolk. The Trust will review these figures over a period of time to note any specific trends. 3.2 Gender The gender of the applicants for job vacancies has no notable trends as the gender differences are consistent with the gender bias for the available positions, with 74.2% of all applicants were female with only 25.8% being male. The majority of applicants short-listed were female and 89.9% of those successful at interview were female as apposed to 9.9% which were male. This is largely consistent with the occupation groups, which were mainly in the categories, Additional clinical services, Administrative and clerical roles of which each accounted for 44.7% and 29.5% of all applicants respectively. 3.3 Age The majority of applicants are aged between 30 44 years (41.8%) and 16 29 years (47.8%) with fewer than 10% being 50 years and above. There is a reduction of between those short-listed and successful within the age range 16 29 years with 28% making up those who are successful at interview. 3.4 Religion and Belief The largest proportion applying for jobs is the Christianity group (56.1%). From this of all short-listed applicants (61.4%), the majority were successful at interview with (60.5%) of successful applicants being Christian. (13.9%) of all applicants classified as Atheists, and of all those short-listed, (12.9%) were of this group with a total of (13.1%) of those appointed belonging to this group. All other groups account for less than 10% of applicants, not including those classified as other or undisclosed. 3.5 Disability The employment of employees with a disability is fairly robust. 4.4% of all applicants classified themselves as disabled. 5.2% of all shortlisted applicants have a disability and of those appointed, 5.0% have a disability. 5
Actions The Trust is committed to improving its approach to recruitment, a number of planned initiatives will contribute toward improving the position these include: The strategy to increase recruitment of apprentices. The Community Experience Programme to have an attraction campaign that more clearly publicises NCH&C as an employer of choice, offering a unique opportunity of community healthcare work experience. Promotion of Work Experience and improvements to student placements The results show small differences for Asian and Asian British applicants. This trend will be monitored carefully and is expected to be affected by the Trust s revised recruitment procedures. The revised recruitment policy has introduced new methods of short-listing and interview selection against a behaviour framework which has been screened for any equality bias. The Trust increasingly has used selection tests by Saville Consulting. These, coupled with a consistent framework for selection, aim to reduce bias and ensure the best candidate for the job is appointed. 4.0 National Staff Survey Results The National Staff Survey enables the Trust to assess the effectiveness of agreed national HR policies, procedures and practice. The 2010 Staff Survey was completed by randomly selected staff. The following results are those directly relevant to staff experience of equal opportunities and fairness. 426 staff at Norfolk Community Health and Care NHS Trust took part in the survey with a response rate of 53%. The results from 2011 survey are not available until March 2012. 4.1 Question The percentage of staff believing the Trust acts fairly with regard to career progression / promotion, regardless of ethnic background, gender, disability, sexual orientation, age, religion or belief: 92% National Average: 92% The results are average in comparison with the National Average. It is worth noting that in addition to the current economic climate, the Trust faces unique challenges; context of GP commissioning, Reduction in NHS service cost. The development of the organisation as a newly formed Trust, aiming to make cost improvements has led to downsizing, restructuring with fewer opportunities for career progression / promotion. This could explain the significant differentials, the question may have been answered from a perspective not relating to equality and fairness in the context of unlawful discrimination, rather staff may respond to this question based on a feel fair basis, thus injecting subjectivity into the responses. The Trust has been undergoing an Admin and Clerical Review and has also skillmixed a number of its community services (e.g. CN&T, Rehabilitation). This has 6
led to higher than normal levels of discontent, consistent with large scale organisational change and the re-banding of posts to a lower grade. 4.2 Question In the last 12 months have you personally experienced discrimination at work from any of the following: Patients Service Users, their relatives Other members of the public 10 % National Average: 9% The results are slightly higher than the national average and need to be investigated further. In future the Trust will seek to separate the results by patients and service users or their relatives as apposed to staff. 4.3 Actions The Trust has introduced two new policies to more clearly address acts of discrimination from staff or patients / service users. The Harassment and Bulling Policy Violence and Aggression at Work 5.0 Questions These need to be monitored to capture incidents of discrimination. The Trust will also review its Equality Statement to ensure this is visible in public waiting areas and is clear that discriminatory behaviour will not be tolerated. Equality and Diversity training awareness of: Age Disability Gender Race Sexual Orientation Religion Equality and Diversity training in the past 12 months: 45% National Average: 48% The results are average in comparison with the national average. The Trust has increased the number of staff accessing Equality and Diversity training across the localities. As at August 2011, 1,264 staff accessed E-Learning on Equality and Diversity. The Trust has, however, through the Equality and Diversity Committee, evaluated the current Equality and Diversity provision and reviewed the training through a series of workshops and the Post Education and Teaching and Learning Certificate programme was conducted with 12 Champions for Equality and Diversity to review the content. 7
The feedback indicates the training would be more effective to appeal to behaviour by way of a workshop cascaded by Line Managers. The training also needed to be less legislative based with more practical examples of how discrimination must be prevented in clinical practice and teams. Staff also indicated a genuine interest in cultural competence and responding to patients that may exhibit discrimination in whomever delivers their healthcare. The Trust will provide clearer guidelines on these issues under the banner of Cultural Competence. The Management Essentials programme of training for managers was launched in 2010 and this includes: Recruitment and Selection training, taking into account Equality and Diversity Harassment and Bullying procedures training Health and Safety training, covering the management of: - Discriminatory motivated violence and aggression incidents Their impact will be assessed by monitoring the relevant policy. 6.0 Staff Representative 6.1 Ethnicity Within Norfolk Community Health and Care we have a workforce which is predominantly White, White British (93.9%), which is reflective of the overall population in Norfolk. The table below shows the ethnic groups that staff categorise themselves and their representation within the Agenda for Change banding, (1 being the lowest and 9 the highest). The ethnic groups which are categorised as ethnic minority, are all those excluding White British, although it is recognised that White European, e.g. Polish, White Irish, may be properly considered In the minority category, these are incorporated into the category, White. This means that although only 2.8% or staff are ethnic minority, excluding 3.3% with unstated ethnicity, the Trust potentially has more staff under the category White, which could be classified as part of the ethnic minority group. It is recognised that the category of White includes eastern Europeans who may experience discrimination within the work place and who are potentially under-represented. We currently do not record White Other in greater detail to analyse the ethnic origin under the Electronic Staff Record HR System. The representation of staff from the different ethnic groups across the salary bands show that ethnic minority staff are higher at band 6 and below, with low levels of representation at band 7 (3 employees), band 8 (4 employees) and none at band 9. See Workforce Profile Tables Appendix A The figures show the following: 8
2.8% of the workforce s ethnic background is non-white, that is not classifying themselves as White, White British. 2.6% of the lower bands 1 4, are made up of individuals of a non-white, ethnic background. The majority of the workforce are in bands 5 9, a total of 1,634 staff with only 1,107 staff being graded 1 4. only 129 staff are in bands 8 9. 25% of bands 5 9 are made up of individuals of a non-white ethnic background. The representation decreases significantly at band 7 (3 staff) being of an ethnic background and (4 staff) at band 8. At these levels, band 7 staff are key team leaders and at band 8a and above, staff are often the decision makers, about planning and delivery of services. This data must be looked at in context, as other data shows that only 15% of senior managers within NHS Trusts in more ethnically divers populations, are from ethnic minority backgrounds (Institute for Innovation and Improvement 2009). Additionally, the workforce profile is in keeping with the overall demographics in Norfolk. 6.2 ERINN Norfolk Community Health and Care was part of the ERINN project, (Eradicating Racism in Norfolk), conducted in 2001 and 2011. The 2001 project survey was in two parts, NHS Employers and patients, conducted by researchers from the University of East Anglia. A recent survey of the Health Needs of Black and Ethnic Minority Groups in Norfolk was conducted which meant there was little need to survey patients, hence the 2011 survey focused on staff. 425 staff responses were from NCH&C staff. The analysis identified certain key findings, which were common across the NHS Trust participants: 10.3% Noticed racially motivated verbal abuse 21.5% Noticed racial jokes 20.4% Noticed racist banter Examples given were language issues: Failing to remember how to pronounce a staff members name, even when reminded A lack of diversity in the region may be a contributing factor, banter included examples of a regional nature (i.e. Normal for Norfolk) 9
Communication is sometimes difficult between staff with strong accents or those with little or poor English - Potentially racial jokes made about white staff by non-white staff in other languages - Ethnic minority patients and staff have refused to speak English when allegedly they can do so. - BME staff speak in their own language in front of other staff and patients, causing discomfort - Non English speaking patients are still unable to have printed appointment or information in their own language Age related discrimination found in consultation with patients was found in: Young people being overlooked in service delivery needs. Professional discrimination reported where a profession was deemed unnecessary and non-essential within the service Gender related discriminated discrimination in the form of banter against females sizeism was reported Disability a lack or tolerance towards deafness Religion reports of staff being harassed on the basis of non-religious belief or religious belief by colleagues who hold strong beliefs Staff were asked to identify whether they had experienced discriminatory comments in the workplace, key findings were as follows: Action 21% Of comments related to ageism, with staff considering that jobs and training opportunities were not given to older staff. Younger staff experiencing a lack of respect and criticism for perceived lack of experience 20% Comments related to offensive behaviour Reasons 13% Comments related to faith 13% Of responses related to sexual orientation 9% Of comments related to intolerance of disability 4% Of comments related to gender Culture and language behaviour against protected characteristics by way of attitudes and comments need to be explored fully in the Trust s Equality and Diversity training. 6.3 Actions To ensure ways to capture ethnic origin of staff who categorise themselves as White European. 10
To continue to develop the Management Development Programme and ensure it has a good level of representation. To work with the Staff Management Council / Workforce Committee to develop initiatives that support, encourages and actively promotes career development of ethnic minority staff. Provide mentoring and coaching, monitoring its take-up and outcomes (promotions, qualifications etc) All down-sizing and re-structuring proposals will undergo an equality impact assessment to ensure under represented groups are not disproportionately affected. Analyse whether there are any barriers to ethnic minority staff progressing into senior roles. Manager s Equality and Diversity training to include cultural competence and language issues. To review a sample of DDR s to assist the degree to which equalities is integrated into the assessment of performance. To more clearly identify equality objectives. 7.0 Age The appendices show the age of our staff within the different job bands and professional categories. These figures show the following: The age groups that the majority of the workforce is within are 30 44 years (52.6%) and 50 59 (28.8%). 10.9% of the workforce are in the younger age group, 16 29. There are no staff in the younger age group at band 8 and above. 14 staff at band 7 are in the age range 16 29 years, with relatively few team leaders at this level. Seniority increases at age ranges 30 49 years and 50 59 years. For the 60 64 year age group, the staff tend to be concentrated in the lower bands, with 49 staff in this age range at band 2 and 73 staff at band 3. There are 4 staff in this age range at band 8 and none at band 9. This requires further investigation. The Trust suspects that this could be the result of senior managers taking early retirement and redundancy as part of the reviews undertaken over the last 2 years. Those at the 65-74 years age range were subject to the Trusts default retirement provisions under the Age Regulations 2004, which have now been repealed. The Trust s 11
Avoidance of Redundancy arrangements at that time worked on the basis that staff would retire at 65 years, with only a few exceptions, thus allowing post reduction, efficiency or change of skill mix to posts. Further analysis is required to understand why there are more staff at lower bands in this age range. The staff group profile shows the majority of this group are in posts categorised as additional clinical services (82 staff) and admin and clerical positions (65 staff). The nature of these ancillary roles may be the reason for more staff, age range 60 plus, undertaking these roles rather than core clinical and management positions. The Admin and Clerical Review will be carefully monitored to assess its impact on the age group 60 and above. 8.0 Gender 8.1 The table in Appendix A, shows the breakdown of staff based on their gender. Women make up 87% of the workforce. This reflects the national position in NHS Trusts. (NHS information Centre for Health and Social Care). Only 13% of the workforce is male, however, the majority of there are at bands 5 9 (13.4%) The split between female and male across the Agenda for Change bands changes at band 8 and at band 9. It would appear that even though there is a fair proportion of women at band 8 (76.2%) and (57.1%) by the percentage ratio, the percentage of women at this level is significantly lower than their representation at other levels. This requires further scrutiny, to determine whether there is gender equality in progression opportunities. 8.2 Action Explore representation of women at senior levels. 9.0 Disability 4% of the workforce has declared themselves as disabled. In November 2011, the Trust launched its Health and Wellbeing Policy and Strategy. This promotes supporting employees with disabilities. Key features include: Health Support Plans Phased return to work Permanent Adjustment Agreement This support is strengthened with key personnel with a priority on maintaining professional links with the Employers Forum on Disability and Access to Work, will provide the assistance required to retain disabled employees in the workplace. The implementation is also supported with management training, focused on supporting disabled employees. 12
As an employer we need to promote these initiatives and attract more people with disabilities to apply for positions and be appointed. The Trust has the Two Ticks employer symbol, which shows our commitment to employing disabled people. By placing the Job Centre Plus Two Ticks disability symbol in job adverts, the Trust is demonstrating to disabled people that NCH&C is an Employer of Choice. As part of the criteria the Trust ensures that disabled candidates are guaranteed an interview if they meet the minimum criteria for the job. 9.1 Actions Continue to train managers in managing health and wellbeing including managing disabilities. Continue to display the Two Ticks disability symbol on job adverts. To use information from Employers Forum on Disability and Access to Work, to provide more support to managers on reasonable adjustments. 10.0 Sexual Orientation Of the 3 staff within the organisation that have classified themselves as gay and 1 is bisexual. A large proportion of the workforce (71.9%) has no determined orientation. 11.0 Religion and Belief 17.5% of the workforce are Christian and 3.7% have classified themselves as Atheist. 72.2% of the workforce has not stated their religious beliefs. 12.0 Leavers The majority of leavers were White or White British, (94%). With 3.8% from non white ethnic backgrounds. The reasons for leaving were mainly voluntary with (41%) being from white backgrounds, (1.9%) from non-white backgrounds. There were no dismissals of and individual from an ethnic background, one redundancy and two retirements. 86% of leavers were women and 14% male, which is in keeping with the overall gender profile of the workforce. There are no significant trends in relation to leavers with a religious belief or disability, only 13 staff with a disability left the Trust, of which none were due to dismissal and 7 were due to voluntary retirement. The main age group of staff who leave is 30 49 years, which saw 139 staff leave and, 50 59 years with 91 staff leaving, 60 years and over, 79 staff left. As the majority of our workforce is within age range 30 49 years (52.6%) and 50 59 years (28.8%), the results are not unexpected. There are however, a larger proportion of leavers at 60 years and over, (35.1%) of this age range and (18.5%) of 16 29 year olds left the Trust. 13
This could potentially be a result of reduction in promotion and development opportunities die to organisational change and the application of default retirement provisions as previously mentioned. One staff member who left the organisation was classified as gay. 13.0 Learning and Development The Trust provides a range of learning and development opportunities. Not all of these are monitored against the protected Characteristics; plans will be put in place to monitor: Continuous Professional Development; Management and Leadership Training. The information in the appendix relates to staff who access mandatory training which is training required by statute regulation or NHS policy. The information does not identify specific trends to note. 14.0 Employment Relations The Trust case management systems do not provide analysis on employment relations outcomes against the protected characteristics. These reports will be developed to enable the Trust to analyse the outcome of Disciplinary, Capability, Attendance, Health and Wellbeing and Harassment and Bullying grievance cases. Given that most of these policies were only launched at the beginning of and during 2011, fully representative data is currently not available, by 2013 data will be more readily available. At present, the information shows: No marked trends in those staff registering a grievance with no grievances registered from staff in the 16 29 years age range, male employees, non-white, ethnic groups or non-christian or gay employees and only 1 disabled employee registering a grievance. This is an overall positive picture. Disciplinary cases also indicate no marked trend, with 58.8% of cases being from the largest age group, 30 49 years and 8 cases being male and 9 female. Only 1 case was with a non-white employee of an ethnic background. No disciplinary cases involved a disabled or gay member of staff. 14.1 Action In future, monitor result to ensure the outcome is captured against protected characteristics for each employee relations procedure. Monitor investigations under the new Employee Investigations policy against the protected characteristics. Report and analyse any findings to the Equality and Diversity Committee and to Staff Management Council on Employee Relations issues. 14
15.0 Appraisal 1,963 staff are recorded as having had an appraisal. There are no trends indicating that any specific group was not given access to an appraisal. The noticeable figure is that no disabled employees are recorded as having received an appraisal. This requires further investigation. Other Areas for Consideration The Trust will: Capture the return rate from maternity leave, in order to analyse workforce information against pregnancy and maternity leave. Monitor flexible working requests and their outcome against the protected characteristics. 15