Equal Opportunities Who Should Read This Policy Target Audience All Staff Version 1.1 April 2017
Ref. Contents Page 1.0 Introduction 5 2.0 Purpose 5 3.0 Objectives 5 4.0 Process 5 5.0 Procedures Connected to this Policy 6 6.0 Links to Relevant Legislation 6 6.1 Links to Relevant National Standards 7 6.2 Links to other Key Policies 8 6.3 References 9 7.0 Roles and Responsibilities for this Policy 10 8.0 Training 11 9.0 Equality Impact Assessment 11 10.0 Data Protection and Freedom of Information 11 11.0 Monitoring this Policy is working in practice 12 Version 1.1 April 2017 2
Explanation of terms relating to Equal Opportunities Equal Opportunity - Equality of opportunity is about ensuring all employees and job applicants receive equal access in relation to employment, terms and conditions, training, promotion and services, and have a fair and equal chance of reaching their full potential. It is also about treating people as individuals and creating a working culture and practices that harness differences and diversity for the benefit of the organisation and individuals Discrimination - Discrimination is the unjust or prejudicial treatment of somebody on the grounds of a protected characteristic. In employment, discrimination happens as a result of prejudice, misconceptions and stereotyping which may hinder an individual s ability to work. There are seven types of discrimination protected by the Equality Act 2010 Direct Discrimination - This occurs when a person is explicitly considered unfavourable because of a protected characteristic Associative Discrimination - This is direct discrimination against someone because they are associated with another person who possesses a protected characteristic Discrimination by Perception - This is direct discrimination against someone because others think that they possess a particular protected characteristic. They do not necessarily have to possess the characteristic, just be perceived to Indirect Discrimination - Occurs when a policy, practice or procedure that is the same for everyone, but has a less favourable effect for a person with a particular protected characteristic. This does not involve intention or awareness that it is discriminatory Harassment - This is behaviour that is deemed offensive by the recipient. Employees can complain of the behaviour they find offensive even if it is not directed at them. For further information please refer to the Trust s Bullying and Harassment Policy Harassment by a third party - Employers are potentially liable for the harassment of their staff or service users by people they don t themselves employ, i.e. a contractor Victimisation - This occurs when someone is treated badly because they have made or supported a complaint or grievance under the Equality Act 2010. Individuals are not protected if they have malevolently made or supported an untrue complaint Age - Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g. 18-30 year olds). In terms of service usage, protection will start from April 2012 but only for those over 18 years of age (Equality Act 2010) Disability - A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. There is no longer a requirement for the disability to last for at least one year. Conditions covered include cancer and HIV (Equality Act 2010) Gender Reassignment - The process of transitioning from one gender to another. There is no longer a requirement for medical supervision (Equality Act 2010) Marriage and Civil Partnership - Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters (Equality Act 2010) Pregnancy and Maternity - Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after Version 1.1 April 2017 3
giving birth, and this includes treating a woman unfavourably because she is breastfeeding (Equality Act 2010) Race - This refers to the protected characteristic of race. It refers to a group of people defined by their race, colour, culture and nationality (including citizenship) ethnic or national origins (Equality Act 2010) Religion and Belief - Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition (Equality Act 2010) Sex - A man or a woman (Equality Act 2010) Sexual Orientation - Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes (Equality Act 2010) Version 1.1 April 2017 4
1.0 Introduction Black Country Partnership NHS Foundation Trust is committed to being an equal opportunities employer. This policy is designed to ensure that no staff member or job applicant receives less favourable treatment. The Trust upholds the Equality Act 2010, and we are committed to promoting measures that eliminate all forms of unlawful or unfair discrimination on the basis of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Trust values all members of its workforce, and is committed to ensuring that individuals are treated fairly, with mutual respect and dignity, and that decisions in recruitment, selection, training, promotion and redeployment are based solely on objective organisational factors and job related criteria. We recognise that all forms of discrimination are unacceptable and we are committed to a policy of equal opportunities and a zero tolerance approach to discrimination in our employment practices. This approach also applies to the way that service users behave towards our staff and other service users. The policy is written in accordance with relevant employment legislation. This is an over-arching policy embracing all aspects of equal opportunities and should be read in conjunction with Play Fair: The Trust s Equality & Inclusion Strategy and other Trust policies and procedures listed in section 6.2. 2.0 Purpose The purpose of this policy is to provide guidance about equal opportunities to all Trust employees and to uphold equality and diversity. 3.0 Objectives This policy aims to address the following objectives: To clarify and guide how the ethos of equal opportunities should be embedded into everyday practice without any exception To clarify the Trust s expectations of all employees in regards to upholding equal opportunities in the workforce 4.0 Process Our Trust is bound by the legal responsibilities outlined in the Equality Act 2010 which states that under law, employees are protected from discrimination given on the grounds of the following protected characteristics : age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It is the Trust s responsibility to create a working environment that is safe from any discrimination, harassment or victimisation and to eliminate discrimination, advance equality and to promote equality in employment and the provision of services. The Trust is committed to ensuring that we have effective organisational arrangements that support our work around equality and diversity. Version 1.1 April 2017 5
We will do this by: Ensuring that the Equalities and Inclusion Board keeps the Trust informed of its work and identifies ways of involving staff and service users in key decisions Raising awareness of Trust policies and commitments around equality and diversity through training and management, and ensuring staff know their responsibilities 5.0 Procedures Connected to this Policy There are no standard operating procedures currently linked to this policy. 6.0 Links to Relevant Legislation Employment Act 2008 Employment Act (2008) came into force in April 2009, removing the minimum statutory Disciplinary & Grievance Procedures. The procedures are more flexible in that it encourages employers and employees to resolve disputes in a less formal way. The Act encourages issues to be resolved internally where possible, without recourse to tribunals. It does this by enabling compensation to be adjusted up or down if a party fails to observe an ACAS Code of Practice. Equality Act 2010 The Equality Act 2010 contains all the UK legal requirements on equality. It affects equality law in the workplace and in delivering services. It replaces the existing equality law including the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995. Most of the new law is based on previous discrimination legislation which has been streamlined. Whether at work as an employee or in using a service, the purpose of the Equality Act is to ensure that everyone has the right to be treated fairly at work or when using services. It protects people from discrimination on the basis of certain characteristics. There are known as personal protected characteristics and they vary slightly according to whether the person is at work or using a service. There are nine protected characteristics for employees: age, disability, gender reassignment, marriage/civil partnership, pregnancy and maternity, race religion or belief, sex, sexual orientation, There are eight protected characteristics for people who use services: disability, gender reassignment, pregnancy and maternity, race, religion or belief, sexual orientation, sex and age (over 18s only will be protected as of April 2012). Data Protection Act 1998 The Data Protection Act 1998 became law in March 2000. It sets standards that must be satisfied when obtaining, recording, holding, using or disposing of personal data. The law applies to data held on computers or any sort of storage system, including paper records. There are 8 enforceable principles of good practice. Data should be: Fairly and lawfully processed Processed for limited purposes Adequate, relevant and not excessive Accurate Version 1.1 April 2017 6
Not kept longer than necessary Processed in accordance with the data subject's rights Secure Not transferred to countries outside the European Economic Area (EEA), without adequate protection Human Rights Act 1998 One of the main laws protecting human rights in the UK, it contains a list of 16 rights (called articles) which belong to all people in the UK, and outlines several ways that these rights should be protected. These rights are drawn from the European Convention on Human Rights, which were developed by the UK and others in the aftermath of World War II. The Human Rights Act may be used by every person resident in the United Kingdom regardless of whether or not they are a British citizen or a foreign national, a child or an adult, a prisoner or a member of the public. The Human Rights Act has two main aims, to promote a culture of human rights by making sure that basic human rights underpin the workings of government at the national and local level and enabling access to human rights here at home, instead of only being able to go to the European Court of Human Rights It does this by placing a legal duty on all public authorities, including NHS organisations and staff and mental health tribunals carrying out public functions, to respect and protect human rights in everything that they do. This means that public authorities have legal responsibilities for respecting, protecting and fulfilling human rights. This duty is important in everyday situations because it enables individuals to challenge poor treatment and to negotiate better solutions. NHS Constitution 2015 The Constitution establishes the principles and values of the NHS in England. It sets out rights to which patients, public and staff are entitled, and pledges which the NHS is committed to achieve, together with responsibilities, which the public, patients and staff owe to one another to ensure that the NHS operates fairly and effectively. The Secretary of State for Health, all NHS bodies, private and voluntary sector providers supplying NHS services, and local authorities in the exercise of their public health functions are required by law to take account of this Constitution in their decisions and actions. 6.1 Links to Relevant National Standards NHS Equality Delivery System 2 (EDS2) The Equality Delivery System for the NHS EDS2, being a tool designed to help NHS organisations, in partnership with local stakeholders, to review and improve their performance for people with characteristics protected by the Equality Act 2010, and to support them in meeting the Public Sector Equality Duty. Workforce Race Equality Standard (WRES) The WRES requires organisations employing almost the entire 1.4 million NHS workforce to demonstrate progress against nine indicators of workforce race equality. The indicators focus upon Board level representation and differences between the experience and treatment of White and BME staff in the NHS. The WRES was Version 1.1 April 2017 7
included in the 2015/16 NHS standard contract for NHS providers, and from 1 July 2015, provider organisations submitted their baseline data against the nine WRES Indicators. 6.2 Links to other Key Policies Bullying and Harassment Policy The purpose of this policy and procedure is to support a working environment and culture in which bullying and harassment is known to be unacceptable and where individuals are confident enough to bring complaints without fear of victimisation or reprisal. Disciplinary Policy The overriding aim of this policy is to correct inappropriate conduct creating a working environment where the highest standards possible may operate. This policy aims protect the rights of the individual employees by affording them balanced consideration in any disciplinary proceeding, ensuring the right to representation by a Trade Union Representative or workplace colleague and making available the right to appeal against disciplinary decisions made. This policy also aims to protect the rights of management to exercise the authority delegated to them by the Trust in organising and supervising work, setting and maintaining standards of behaviour and efficiency. Managing Attendance Policy The aim of this policy is to provide a supportive framework in which sickness absence is managed ensuring adherence with relevant legislation. Grievance and Disputes Policy This policy aims to encourage full and open communication between managers and employees with the aim of resolving any concerns quickly and as near to the source as possible. This policy has been developed to give guidance on the procedure to be adopted where early action to resolve an issue has failed and a grievance has developed. The policy has been written in accordance with relevant employment legislation and the Advisory and Conciliation Arbitration Service (ACAS) guidelines. Recruitment and Selection Policy The purpose of this policy is to provide a framework for the recruitment, selection and appointment of staff to be conducted in a manner that is effective, systematic, comprehensive and fair, promoting equality of opportunity at all times, whilst being flexible and adaptable to meet the needs of the service. Management of Organisational Change Policy The purpose of this policy is to provide a framework to enable organisational Change to be managed in a systematic and fair manner, minimising the risk of redundancy and balancing the needs of employees and the organisation. The intention of this policy is to enable the Trust to manage the continuing need to have a flexible workforce. It is important that the policy is not restrictive and allows a flexible approach to be adopted to reflect the circumstances of each organisational change. Version 1.1 April 2017 8
Concerns, Complaints and Compliments Policy The purpose of this policy is ensure the Trust has in place arrangements that manages complaints effectively in an open and transparent way and in accordance with legal requirements (Local Authority Social Services and National Health Service Complaints Regulations 2009), mandatory guidance included in the NHS Constitution and best practice guidance as described in Listening, responding and improving: a guide to better customer care (Department of Health, 2009). 6.3 References Play Fair: The Trust s Equality and Inclusion Strategy Version 1.1 April 2017 9
7.0 Roles and Responsibilities for this Policy Title Role Key Responsibilities All Trust Employees Adherence - Co-operate fully with this policy and embed it into everyday policy, procedure, and practice - Bring to the attention of the Trust all discriminatory acts or practices - Ensure they do not harass or intimidate others and to not discriminate in the process of employment, promotion, or employee relations or the provision of services - Ensure that staff are not victimised for raising, or being suspected of raising, alleged complaints or grievances - Uphold the relevant policies around equality and diversity and to embrace the visions and values of the organisation - Ensure they play their part in promoting equality and challenging discrimination All Managers Operational - Ensure that all employees are aware of the purpose and consequent requirements of this policy - Ensure their staff have received appropriate training to uphold these values - Ensure all disciplinary or grievances are dealt with equity, consistency and are not-discriminatory - Ensure complaints are dealt with seriously and sensitively without being discriminatory Equality and Diversity Department/ Human Resources Equalities and Inclusion Board Implementation - Equality and Diversity Department will ensure that the equal opportunity policy is followed and implemented within the Trust - Human Resources will be responsible for supporting the implementation of this policy Responsible - Ensure the development and delivery of the Trust s Equality and Diversity agenda - Ensure that the Trust has appropriate equality, diversity and inclusion governance arrangements and plans in place to meet its statutory and regulatory obligations - Oversee the implementation of Play Fair, the Trust s Equality and Inclusion Strategy - Monitor progress against the Equality Delivery System 2 (EDS2), Workforce Race Equality Standard (WRES) and the Equality Act 2010 Public Sector Equality Duty - Accountable to the Trust Board, via the Quality & Safety Committee and the Quality & Safety Steering Group. The Board has wide representation from across the Trust and equality and diversity compliance is built into the Board Assurance Framework Trust Board Strategic - Primary legal, moral and social responsibility for ensuring that employees and employers do not discriminate - Eliminate discrimination, advance equality and to promote equality in employment and the provision of services - Promote equality and diversity by having an Executive Lead for the wider diversity agenda and having a Non-Executive Director as a member of the Equalities and Inclusion Board Chief Executive Accountable - ultimate responsibility for the effective implementation of this policy Version 1.1 April 2017 10
8.0 Training What aspect(s) of this policy will require staff training? Awareness of Equality Act 2010 Which staff groups require this training? Is this training covered in the Trust s Mandatory and Risk Management Training Needs Analysis document? If no, how will the training be delivered? Who will deliver the training? All staff Yes Learning and Development Team How often will staff require training Annually Who will ensure and monitor that staff have this training? Workforce Committee Aspects of equality related to recruitment and in performance management Those involved in recruitment and managers No, staff will receive specific training in relation to this policy where it is identified in their individual training needs analysis as part of their development for their particular role and responsibilities Covered in Managing for Excellence training delivered internally (2 day course) Learning and Development Team One off Workforce Committee 9.0 Equality Impact Assessment Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext. 8067 or email EqualityImpact.assessment@bcpft.nhs.uk 10.0 Data Protection and Freedom of Information This statement reflects legal requirements incorporated within the Data Protection Act and Freedom of Information Act that apply to staff who work within the public sector. All staff have a responsibility to ensure that they do not disclose information about the Trust s a ctivities in respect of service users in its care to unauthorised individuals. This responsibility applies whether you are currently employed or after your e mployment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. Version 1.1 April 2017 11
11.0 Monitoring this Policy is working in practice What key elements will be monitored? (measurable policy objectives) Where described in policy? How will they be monitored? (method + sample size) Who will undertake this monitoring? How Frequently? Group/Committee that will receive and review results Group/Committee to ensure actions are completed Evidence this has happened Ethnicity breakdown within recruitment 4.0 Process Monthly audit of job files Human Resources Annually Trust s Equalities and Inclusion Board Trust s Equalities and Inclusion Board Minutes of meetings/ action plans signed off Grievances/harassment cases raised 4.0 Process HR Audit Human Resources Annually Trust s Equalities and Inclusion Board Trust s Equalities and Inclusion Board Minutes of meetings/ action plans signed off Ethnicity breakdown of HR casework 4.0 Process Quarterly reporting to board of directors Human Resources Annually Trust s Equalities and Inclusion Board Trust s Equalities and Inclusion Board Minutes of meetings/ action plans signed off Staff survey 4.0 Process Annual Staff Survey results Human Resources Annually Trust s Equalities and Inclusion Board Trust s Equalities and Inclusion Board Minutes of meetings/ action plans signed off Version 1.1 April 2017 12
Policy Details Title of Policy Equal Opportunities Policy Unique Identifier for this policy State if policy is New or Revised Revised Previous Policy Title where applicable Policy Category Clinical, HR, H&S, Infection Control etc. Executive Director whose portfolio this policy comes under Policy Lead/Author Job titles only Committee/Group responsible for the approval of this policy Month/year consultation process completed * n/a Human Resources Executive Director of Nursing, AHPs and Governance Head of Diversity and Spirituality Workforce Committee n/a Month/year policy approved April 2017 Month/year policy ratified and issued May 2017 Next review date April 2020 Implementation Plan completed * Equality Impact Assessment completed * Previous version(s) archived * Disclosure status Yes Yes Yes B can be disclosed to patients and the public * For more information on the consultation process, implementation plan, equality impact assessment, or archiving arrangements, please contact Corporate Governance Review and Amendment History Version Date 1.1 Apr 2017 Details of Change Minor amendments in terms of committee names and job titles. Reference made to EDS2 and WRES and put into latest policy format 1.0 Mar 2014 New policy for BCPFT Version 1.1 April 2017 13