POLICIES AND PROCEDURES PP6 EQUALITY AND DIVERSITY POLICY Approved by Version Issue Date Review Date Contact Person Trust Board Sept 2003 Three 01/03/2009 01/03/2011 Head of Personnel Equal Opportunities: Impact Assessed 26/02/2009 Review 01/03/2011
Index Section A - Statement of Policy 1. Introduction 2. Definitions and Legislation 3. Policy Statement 4. Responsibilities for the Implementation of Equal Opportunities 4.1 Executive Director of Personnel & Development 4.2 Managers & Supervisors 4.3 Personnel Department 4.4 Employees Section B - Operational Practices Related to Equal Opportunities in Employment Policy 5. Recruitment and Promotion 6. Training and Development 7. Terms and Conditions of Service 8. Discipline and Grievance Procedures 9. Monitoring 10. Recruitment and Promotion Monitoring 11. Training and Development Monitoring 12. Discipline and Grievance Matters Monitoring 13. Work-Life Balance
Section A - Statement of Policy 1 Introduction 1.1 South Tyneside NHS Foundation Trust is committed to a policy of Equality and Diversity, not only in its employment and personnel practices but also in all the services for which it is responsible. To ensure that this commitment is put into practice, the Trust is adopting positive measures, which seek to remove barriers to equal opportunity and to eliminate unfair and unlawful direct or indirect discrimination. The aim of the Trust is to attract, secure and develop a workforce at all levels that reflects the diversity of the community it serves, such diversity will reassure users that they will be more likely to receive the service they need. 1.2 Although the responsibility for achieving and providing equality of opportunity rests with the employer, employees at every level have a responsibility to own and promote the policy. The co-operation and commitment of managers, employees and staff organisations is, therefore, essential to the successful implementation of the Trust's policy. 1.3 This personnel policy, therefore, outlines the Trust's position on Equality and Diversity, its obligations under existing Equal Opportunities legislation and its intention to comply not only with the requirements but also the spirit of the legislation. We intend to create and maintain a climate in which Equality and Diversity are a reality, both in our attitudes and our policies and practices. 1.4 The policy relates to all employees of the Trust, regardless of employment status. All employees are reminded that it is unlawful not to comply with Equal Opportunities legislation. We all have a responsibility to embrace and support this policy and must continue to challenge behaviour and attitudes that prevent us from achieving this. 1.5 This policy requires all employees to work together to achieve equality and diversity. The Trust will involve staff in developing plans and actions on equality. All employees need to treat each other fairly and with respect and understand the importance of this. 2 Definitions and Legislation 2.1 The principle of Equal Opportunities is supported by the Sex Discrimination Act (1975 & 1986); Sex Discrimination (gender reassisgnment) Regulations 1999: Race Relations (Amendment) Act 2000; the Disability Discrimination Act (1995) (2005), The Employment Law Act (1990), Equal Pay Act (1970) - amended 1983, Human Rights Act (1998), EU Part-time Work Directive 2000, Fixed-term Directive 2002, Flexible Working Regulations 2002, The Employment Equality (Religion or Belief) Regulations 2003, The employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Age) Regulations 2006 and the Equality Act 2006. 1
2.2 If the legal requirements surrounding Equal Opportunities are contravened, both the Trust and the individual concerned may be liable to legal proceedings. However, if the Trust can prove that it has taken reasonably practical steps to prevent acts of discrimination, only the individual would be considered liable for that unlawful act. 2.3 The policy refers to several forms of discrimination. These are explained below: Direct Discrimination - results from treating a person less favourably on the grounds of sex, marital status, responsibility for dependants, race, colour, disability, ethnic origin religion, beliefs, sexual orientation, social & employment status, HIV status, gender realignment, political affiliation, trade union membership, age and nationality, as defined in the relevant legislation. Indirect Discrimination - arises where a requirement or a condition, although applied equally to the groups mentioned above, has the effect of excluding or treating less favourably any of these groups, and cannot be shown to be justifiable (e.g. a height requirement which would preclude more women than men). Victimisation - occurs if someone is given less favourable treatment than others because they have exercised their rights under the policy or the relevant legislation (e.g. by making a complaint or providing information on discrimination). Harassment - is any unreciprocated or unwanted behaviour or otherwise, directed at an individual, which upsets, embarrasses, offends or affects their dignity at work and that might threaten an employee's job security or create an intimidating environment. (A more detailed definition of harassment is included in the Trust's Harassment Policy). It is the effect on the recipient and not the intention of the perpetrator which characterises the behaviour or otherwise as unwelcome. Bullying - Unwanted behaviour from one to another, which is based on unwarranted use of power or authority. In all cases it is the recipient who may define what is inappropriate behaviour. 3 Policy Statement 3.1 The policy and associated practices are a means of capitalising on what is unique about individuals, drawing on their different perspectives and experiences thus maximising the value our employees add to the Trust whilst enabling individuals to achieve their full potential in an environment characterised by dignity and mutual respect thus achieving a better place to work. 3.2 All staff employed by the Trust, and all applicants for employment, will be given equal opportunities in all aspects of employment and training irrespective of sex, marital status, disability, HIV status, religion, creed, colour, 2
race, national origin, trade union membership or non-membership, hours of work, nature of contract, social background, age, sexual orientation or gender reassignment, and will not be disadvantaged by conditions and requirements which cannot be shown to be justified. Where appropriate, special training will be given. 3.3 The Trust is committed not only to the Law, but also the promotion of equality of opportunity in all fields and achieving diversity in our workforce. The Trust aims to recognise and support people's individual needs. Striking a balance between the needs of the individual and the service requirements is a priority for the NHS, both to retain and motivate staff and to improve access and service quality. 3.4 The application and operation of all policies and procedures of the Trust to all individuals will be on the basis of job requirements, and the individual's ability and aptitude/experience for the work. 3.5 All staff employed by the Trust shall be made aware of the provisions of this policy. Training will be provided for appropriate managers and supervisory staff. 3.6 Failure to comply with or adhere to the Trust's Equality and Diversity Policy will be treated as a disciplinary offence. 3.7 The Trust will proactively encourage all those with whom it works in partnership with, to work within the legality and spirit of this policy. 3.8 This policy will be reviewed in the light of any new legislation that may impact upon it. 4 Responsibilities For The Implementation Of Equal Opportunities 4.1 The Executive Director Of Personnel & Development will be responsible for ensuring the operation and monitoring of the policy on behalf of the Trust. It will, therefore, be his/her duty to ensure that staff receive proper quidance and training; that adequate records are established; that adequate monitoring and review of the policy is carried out. Robust and regular workforce monitoring will occur through the Equality Audit. An Equality Audit will be undertaken on an annual basis in order to ascertain if there is any under-representation of particular racial groups or of a particular sex. If so, positive action provisions as detailed in discrimination legislation may be utilised. Guidance on positive action will be developed separately, treating each situation on merit. The Equality Audit will cover: Data on the make-up of the workforce by race, sex, age, disability and contract status (i.e. part-time) What policies and procedures we have in place Pay and grading 3
This information will be shared with local Trade Union representatives in order to agree any action planning as required. 4.2 Managers and Supervisors have responsibilities for ensuring the provision of equality and diversity. Managers are accountable for delivering this policy through business planning and performance management arrangements. Managers in particular :- i) Must adhere to all requirements of this policy. ii) iii) iv) Ensure that all employees understand their responsibilities under this policy, have access to it, and undergo appropriate training. Ensure that any complaints concerned with Equal Opportunities are dealt with in a prompt, fair and appropriate manner. Ensure that proper records of employment decisions e.g. recruitment are maintained, in accordance with the Trusts Policies and Procedures. 4.3 Personnel Department i) Ensure all new Trust employees are made aware of this policy ii) Ensure the delivery and evaluation of equal opportunities training for managers. 4.4 Employees All employees have a responsibility to treat colleagues and service users with respect and help create an environment that is free from discrimination or harassment of any kind. All employees must: i) Make themselves aware of the policy and its requirements. ii) iii) iv) Co-operate with and give support to measures introduced by management to ensure equal opportunities and its requirements. Not themselves discriminate or induce or attempt to induce other employees, staff organisations or management to practice unlawful discrimination. Not victimise or attempt to victimise individuals on the grounds that they have made complaints or provided information on discrimination. v) Not harass, abuse, bully or intimidate other employees under any circumstances. 4
vi) vii) Inform management if they suspect that discrimination is taking place in employment decisions. Continue to question attitudes or actions that may prevent us from achieving Equality and Diversity. Section B Operational Practices Related To Equal Opportunities In Employment Policy 5. Recruitment and Promotion 5.1 Applicants for posts shall be given clear and accurate information about posts through advertisements, job descriptions and interviews in order to enable them to assess their own capability for a post. Information about posts shall also be placed and displayed where it may reach individuals irrespective of their sex, marital status, race, religion, creed or colour. Those responsible for the recruitment, development and promotion of employees will be fully trained in the role and in fair and open recruitment practices. 5.2 Job Descriptions/Personal specifications will be written and reviewed for all posts and shall include only requirements that are necessary and justifiable for the effective performance of the job. Requirements that are convenient, rather than necessary will not be included as they may be discriminatory. Experience gained outside of paid employment will be considered. 5.3 The Trust undertakes to make reasonable adjustments should people with disabilities apply for any position offered. All applicants will be asked if they have any special requirements in order to participate in selection processes. 5.4 A statement indicating that the Trust is an employer committed to Equality and Diversity will be incorporated into all recruitment/advertisement literature. 5.5 A statement that any complaint that applications for employment have been unfairly treated should be made within two months of the closing date or as soon as reasonably practicable to the Executive Director of Personnel and Development will be included with all job applications sent to candidates. 5.6 Recruitment literature should not imply that there is a preference for one group of applicants unless there is a genuine occupational qualification, which limits the post to one particular gender, racial group. Adverts and recruitment drives shall be aimed at as wide a group of suitably qualified and experienced people as possible. Opportunities for flexibility should be assessed and acted upon. 5
5.7 Vacancies shall be given as wide an internal circulation as possible to all staff that are likely to possess appropriate qualifications or have relevant experience. 5.8 Advertisements will be designed and placed to attract as wide a group of suitable qualified applicants as possible. Advertisements can be made available in large print, Braille/tape, another language on request. Applications will request only information, which is essential to making informed decisions. 5.9 All interviews shall be thorough, conducted on an objective basis, and shall deal only with the applicants suitability to fulfil the job requirements. 5.10 Written records must be maintained for all candidates reaching the interview stage. Written records should include the reason(s) for appointment of the successful candidate and rejection of unsuccessful candidate(s). The above data must be recorded on an Interview Record Form. Criteria used for the selection decision, job, or person specification details should also be recorded. The above records will be kept by the Personnel Department for at least one year. All applicants, where they request it, should be entitled to know reasons why their application has been unsuccessful. Selection decisions should be carried out by more than 1 person, ideally the panel should reflect the diversity of the workforce. The recruitment process (including interview) should suit the requirements of the job and be designed to bring out the best in applicants. 5.11 All staff shall be encouraged to discuss their career prospects and training needs with their Departmental Head and /or Personnel Department. 5.12 The Trust will not discriminate on any basis in the allocation of duties or shifts between staff employed in any band/grade or bands/grades with comparable duties except where such duties are covered by relevant legislation. Positive action initiatives may be deployed for under represented groups in the recruitment and promotion procedures where the conditions set down in legislation are met. Recruitment agencies used for finding Temporary/Agency/Permanent staff and all contractors working on behalf of the Trust will be informed of and expected to maintain the Trusts Equality and Diversity policy. 6. Training and Development 6.1 It is the policy of the Trust that it will not discriminate unfairly in the identification of training needs or in the provision of training courses. 6
6.2 Appropriate training should be provided to enable staff to perform their duties effectively. This will include appropriate training for individuals returning to work following a break for domestic reasons (e.g. returning from maternity leave) and external contractors working within the Trust. Training courses should be planned with the needs of the part-time staff as well as full-time staff in mind. 6.3 Training needs identified within departments and via the Knowledge Skills Framework or the Individual Performance Review process will be the basis for selection for training, but entry to training schemes should be open to appropriate individuals/groups of staff in keeping with this policy. Where there is under-representation of particular groups, special training or encouragement may be given. 6.4 Staff involved in interviewing shall be fully trained in Equality and Diversity to ensure that selection is made on as objective a basis as possible and in the spirit of this policy. 6.5 All personnel involved in management, selection, and dealing with customers of our service shall be given training and guidance in the law and the nature of discrimination and prejudice. Additional training will be provided where special needs exist. 6.6 Details of this policy will be published widely to all staff, and training in its operation provided for managers. 7. Terms and Conditions of Service The relevant Conditions of Service will be applied equally within all groups of staff. 7.1 The Trust will ensure that all other agreed policies and conditions of service outside the scope of National agreements are applied equally, including any agreements on Career Break Schemes. 7.2 Observance of Equality and Diversity will be a condition of employment with the Trust. Failure to adhere to this policy (or the spirit of it) will result in disciplinary action and may also result in legal action against the individual and/or the Trust. 7.3 The Trust will not discriminate on the basis of age, sex marital status, race, colour, nationality, ethnic origin, religion, disability, responsibility for dependants, beliefs, social and employment status, HIV status, gender reassignment, political affiliation, Trade Union membership, and sexual orientation in the provisions of access to general staff facilities and benefits or in the application of disciplinary or redundancy procedures. 7
8. Discipline and Grievance Procedures 8.1 Discipline: Acts of discrimination, victimisation, or harassment by an employee of the Trust against other employees, clients, or members of the public will lead to disciplinary action which may result in dismissal, the act may also result in legal action. This will also apply to employees who attempt to induce other employees to discriminate, victimise or harass. Failure to comply with or adhere to the Trust s Equality and Diversity Policy will be treated as a disciplinary offence. 8.2 Grievance: The Trust will take prompt action to investigate any employee grievance concerning discrimination, victimisation, or harassment. Any employee who considers that they have been subjected to discrimination, victimisation, or harassment by another employee will have recourse to the grievance procedure. In cases of alleged Harassment the employee will have recourse to the procedure outlined in the Harassment at Work Policy. Any employee who brings such a grievance will retain the right to bring a case concerning discrimination or victimisation to an Industrial Tribunal. 9. Monitoring 9.1.1 The Executive Director of Personnel and Development shall take an overview on, and monitor, the application of this policy within the Trust. 9.2 Divisional Managers and Executive Directors supported by the Executive Director of Personnel and Development are designated as persons for monitoring the effectiveness of this policy within their areas of responsibility. 9.3 Personnel Policies and Procedures shall be kept under review by the Executive Director of Personnel and Development to ensure that they operate to promote equality and diversity. 9.4 Where there is evidence that any employees/applicants are not being offered equal opportunities this issue shall be investigated by the Executive Director of Organisational Development. Any unlawful discrimination will constitute a disciplinary offence, and may result in legal action. 9.5 The operation of this policy shall be reviewed on a regular basis by the Executive Director of Personnel and Development and will take particular regard to the following: 8
10. Recruitment and Promotion Monitoring Records will be maintained and monitored by the Personnel Department on the number and type of applicants (e.g. sex, ethnic origin, age, marital status, registered disability), at each stage of the recruitment process i.e.:- Requested/Returned application forms Short listed candidates Appointed candidates This data will be kept for a period of at least one year. 11. Training and Development Monitoring Periodical analysis of employee training records will be carried out to ensure that equality of training opportunity is being offered. Workshops/seminars will be arranged on promoting equal opportunity awareness. All induction courses will include a section on the Equality and Diversity policy and its implementation within the Trust. 12. Discipline and Grievance Matters Routine checks will be made of individual cases, which have been raised in accordance with Grievance and Disciplinary procedures to ensure that discrimination on the basis of ethnic origin, age, marital status, sex, is not occurring. 13. Work Life Balance The Trust recognises that there are times when balancing the needs of your job with that of your family life can be difficult. In this respect we have introduced a number of related policies that will help employees achieve a greater work-life balance. The work-life balance policies seek to balance the requirements of delivering a 1 st class service with the need of the employee to find the most effective means of supporting those with carer responsibilities as part of a wider commitment by the NHS to improve the quality of working lives: Examples of work-life balance initiatives and policies: Carer Leave Adoption Leave Paternity Leave Parental Leave Job Share Flexible Working Initiatives e.g. Self Rostering, Term Time Contracts. 9