Document Type:
Unique Identifier:
POLICY
CORP/POL/206
Title: Equality and Diversity
Version Number: 2
Status: Ratified Scope:
Classification:
Trust Wide
Organisational
Author/Originator and title:
Responsibility:
T.Daniels ~ HR Manager
Human Resource Directorate
Replaces:
Description of amendments:
Version 1 Equal Opportunities CORP/POL/206
Age Regs, DES, RES & GES Title Change
Name of Committee/Directorate/ Working Group:
Date of Meeting:
JNCC
March 2007
Risk Assessment: Not Applicable
Financial Implications Not Applicable
Validated by:
Validation Date:
D Gallagher Acting Head of Human Resources
March 2007
Ratified by:
Ratified Date:
Date of Issue:
Trust Board
25/04/2007
25/04/2007
Review Date: Review Dates*:
2007 2008 2009 2010 2011
2012
01/06/2009 2013 2014
2015
Review dates may alter if any significant changes are made.
Does this document meet with the Race Relation Amendment Act (2000) Age Discrimination Act , Disability Discrimination Act and Gender Equality Regulations? Applicable
2016
1 PURPOSE. The Trust is committed to providing equal opportunities in employment and to avoiding unlawful discrimination in its employment or to customers. The Trust believes that the promotion of Equal Opportunity is a key component of good management as well as being legally required, socially desirable and morally right. Striving to ensure that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities in employment.
2 SCOPE. This policy will apply to all staff employed under a contract of service by the Blackpool Fylde and Wyre Hospitals NHS Trust.
3 POLICY. This policy aims to ensure that no employee or applicant for employment receives less favourable treatment on the grounds of: Gender and Gender Identity Marital Status Civil Partnerships Parental/Guardian/Carer Status Race Creed Religion & Belief Physical, Mental or learning Disability Age Sexual Orientation Trade Union Membership, or Non-Membership, or Activity 3.1 STATEMENT OF INTENT The Director of Human Resources & Organisational Development has lead responsibility for ensuring that this policy translates into effective action at the operational level. All managers have responsibility for ensuring that employees are aware of the policy, and that they adhere to the terms of the policy. Discrimination on the grounds listed above will not be tolerated by the Trust, whether committed with intent or negligence. Discrimination may also be unlawful under the terms of the anti-discrimination legislation, which could result in costly action being taken against the Trust. Any employee who fails to comply with this policy will be liable to action under the Disciplinary Procedure, under the heading of gross misconduct. Any employee who victimises another for raising an Equal Opportunity issue or incites or aids another to discriminate in an unlawful or adverse manner will be liable to disciplinary action under the Disciplinary Procedure, under the heading of gross misconduct. Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 2 of 10
3.2 LEGAL AND NHS NATIONAL FRAMEWORK It is unlawful to discriminate directly or indirectly in recruitment or employment on grounds of sex, gender reassignment, pregnancy, parental/guardian/carer status, creed, race, nationality, ethnic or national origins, sexual orientation or religion or belief, or because someone is married. It is unlawful to treat someone less favourably on grounds of disability than others without that disability are or would be treated, unless the less favourable treatment can be justified, or to fail to make reasonable adjustments to overcome barriers to employment caused by disability. It is also unlawful to discriminate unjustifiably on grounds of age in relation to employment. Discrimination after employment may be unlawful, e.g. in refusing to give a reference or in the form of reference given to those covered by the list in section 3. It is unlawful to discriminate directly or indirectly in the provision of goods, facilities or services to customers on grounds of sex (which may include gender reassignment), age, pregnancy, colour, race, nationality, or ethnic or national origins. It is unlawful to discriminate, without justification, on grounds of disability or to fail to make reasonable adjustments to overcome barriers to using services caused by disability. From October 2004, the duty to make reasonable adjustments will include the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. It is unlawful to victimise someone because he or she has alleged unlawful discrimination or supported someone to make a complaint or given evidence in relation to a complaint. The national influences on this policy are: AGENDA FOR CHANGE Agenda for Change makes a clear requirement for NHS employers to operate an equal opportunities policy. As the Trust develops its own local terms and conditions of employment, the requirement to adhere to the terms of the Agenda for Change will diminish. However, the Trust recognises the need for its policies to reflect good practice in employment demonstrated by many national requirements. OPPORTUNITY 2000 Opportunity 2000 is a policy initiative designed to realise the investment in women employees in the NHS by setting specific targets. Its major aim is to strengthen and develop equality of opportunity. ETHNIC MINORITY STAFF IN THE NHS: A PROGRAMME OF ACTION This is a programme for equal employment opportunities, by setting specific targets, particularly aimed at the successful management of cultural diversity.
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 3 of 10
VITAL CONNECTION The Vital Connection initiative was launched in April 2000 the framework offers a package of indicators, standards and monitoring arrangements. It sets national targets for the NHS on disability, tackling harassment, achieving a representative workforce and board training on equality and diversity. AGE REGULATIONS Age Regulations (Employment Equality (Age) Regulations 2006) came into force on 1 October 2006. The regulations cover people of all ages, both young and old. The regulations also cover direct and indirect discrimination, harassment and victimisation. The regulations cover employment and vocational training, which includes access to help and guidance, recruitment, promotion, development, termination, perks and pay. The regulations will:
Ban age discrimination in terms of recruitment, promotion and training; Ban unjustified retirements ages of below 65; Remove the current age limit for unfair dismissal and redundancy rights.
They will introduce:
A right for employees to request working beyond retirement age and a duty on employers to consider that request; A new requirement for employers to give at least six months notice to employees about their intended retirement date.
The legislation will protect individuals or employers who are forces to discriminate on age grounds in order to comply with other legislation. RACE EQUALITY SCHEME The Trust has a specific duty to publish a Race Equality Scheme, setting out how it intends to meet its obligations under the general and other specific duties that have been set and are relevant to it, which cover service delivery and policy making. The Race Equality Scheme will:
State the functions and policies of the Trust that have been assessed as being relevant to the general duty; Outline the arrangements for meeting the duty by: a) Monitoring and consulting on the likely impact of proposed policies b) Ensuring the public have equal access to information and services c) Publishing the results of our assessments, consultation and monitoring d) Training staff on the general duty.
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 4 of 10
The Trust is also bound by the employment duty which monitors the ethnicity of staff in post, applicants for jobs; promotions; training; grievances; disciplinary action; performance appraisal (when this results in benefits or sanctions); dismissals and other reasons for leaving. DISABILITY EQUALITY SCHEME The Disability Equality Scheme is a strategy, which sets out how the Trust intends to fulfill the general and specific duties on disability equality, and include a realistic action plan. It describes:
how people with disabilities have been involved in the development of the scheme; the methods to be used for impact assessment of functions, policies and practices; the steps to be taken towards fulfilling the general duty, expressed in the form of an action plan; arrangements for gathering information in relation to employment and other functions, policies and practices; arrangements for using the information gathered in such as reviewing the effectiveness of the action plan; arrangements for publishing the scheme and annual reports on progress with the action plan.
The scheme is part of an overarching equality and diversity plan, which sets out the vision to eliminate unlawful discrimination and to promote equal opportunities for all people. GENDER EQUALITY SCHEME The Gender Equality Scheme will set out how the Trust intends to fulfill the general and specific duties on gender equality. This scheme is due to be launched in April 2007. 3.3 TYPES OF UNLAWFUL DISCRIMINATION Direct Discrimination. Direct Discrimination occurs when an individual is treated less favourably than others. For example, a requirement for all applicants to be male, or of a specific race both of which would have the effect of directly discriminating on the grounds of sex or race, or refusing to employ a woman because she was pregnant. Indirect Discrimination. Indirect Discrimination is more common and occurs when the application of a requirement or condition has the effect of treating one group less favourably than others. For example the requirement that applicants for a job must meet a minimum height may have the effect of excluding more women than men and therefore would be indirectly discriminatory.
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 5 of 10
Harassment. Harassment is where there is unwanted conduct related to one of the prohibited grounds which has the purpose of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person, or is reasonably considered by that person to have the effect of violating his or her dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him or her, even if this effect was not intended by the person responsible for the conduct. Failure to make reasonable adjustments is where arrangements disadvantage an individual because of a disability and reasonable adjustments are not made to overcome the disadvantage. Victimisation. Victimisation is unlawful under the terms of the Sex Discrimination Act, Race Relations Act and Disability Discrimination Act and occurs when a person is treated less favourably for reason of having: - taken proceedings within anti-discrimination law - given evidence in discrimination proceedings - made an allegation of discrimination - demonstrated intent, or is suspected of undertaking any of the above list 3.4 POSITIVE ACTION FOR EQUAL OPPORTUNITIES IN EMPLOYMENT The Trust will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, redeployment, redundancy, pay and benefits. Under the terms of the Sex Discrimination Act and the Disability Discrimination Act an employer may take POSITIVE ACTION to address under representation within the workforce. This means that an employer may take the following steps to address under representation: -
encouragement training different working arrangements return to work schemes
An employer must however; select people for employment based on merit and may not positively discriminate at the point of selection. The Trust cannot lawfully discriminate in the selection of employees for recruitment or promotion, but the Trust may use appropriate lawful methods, including lawful positive action, to address the under representation of any group which the Trust identifies as being under represented in particular types of job. 3.5 CUSTOMERS, SUPPLIERS AND OTHER PEOPLE NOT EMPLOYED BY THE TRUST The Trust will not discriminate unlawfully against customers using or seeking to use goods, facilities or services provided by the Trust. Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 6 of 10
Employees should report any bullying or harassment by customers, suppliers, visitors or others to their manager who will take appropriate action. 3.6 ACTION FOR IMPLEMENTATION The following key areas of management activity are vulnerable to unfair discriminatory practices and are subject to particular scrutiny: Recruitment and Selection Recruitment and Selection activities will be undertaken in accordance with the Recruitment and Selection Policy, which aims to eradicate unlawful discriminatory practices. Those involved in Recruitment and Selection activities must have taken part in appropriate training (which may be a formal course or individual coaching). Recruitment and Selection activities will be based on a person specification, which will be free of unjustifiable requirements. Selection decisions will be based on merit and competence. All substantive posts that are to be filled permanently will be advertised within the Trust. All applicants will be informed that the Trust operates an Equal Opportunities Policy. Training and Development. Selection decisions for training and development activity, where this is not part of a programme of positive action, will be made on assessed training needs, merit and potential. Criteria for training and development selection will be free of unjustifiable requirements. Training and Development activity will be delivered in a format which gives maximum access to the workforce, and which avoids indirect discrimination. Terms and Conditions of Service Both Agenda for Change and Trust terms and conditions of service (including staff benefits) will be applied equally to all staff. Methods for assessing payment levels and payment systems The Trust will reward fairly the skills, experience and potential of all staff by operating fair, and non-discriminatory methods for assessing payment levels and payment systems. The Trust will examine and monitor existing and future pay practices, as they affect all members of staff in order to avoid unfair discrimination. The impact of practices will be monitored, and staff will be kept informed of how these practices work and affect their pay. Turnover The Trust recognises the potentially adverse impact of a high turnover of staff. Turnover rates will be monitored to ensure that the reasons for leaving do not relate to management practice that is unresponsive to the needs of the workforce and therefore may be indirectly discriminatory.
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 7 of 10
The Trust recognises that the retention of experienced, competent staff is financially effective and may engender enhanced commitment from the workforce. 3.7 VALUING DIVERSITY The Trust acknowledges that employees have different abilities to contribute to organisational goals and performance and that action may be required to give everyone an opportunity to contribute on equal terms. Employees will be valued by the organisation as individuals, and will be treated with respect and dignity. 3.8 MONITORING ARRANGEMENTS The Human Resources Department has responsibility for monitoring the impact of this policy, both within the Trust, and as required by the NHSME on national initiatives. The Human Resources Department will routinely analyse and present workforce information, and recruitment and selection information to monitor the commitment of the Trust to equal opportunities, and to identify problem areas which require to be addressed by policy development or other initiatives. Information provided by job applicants and employees for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection Act 1998. 3.9 YOUR RESPONSIBILITIES Every employee is required to assist the Trust to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination. Employees can be held personally liable as well as, or instead of, the trust for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence. Acts of discrimination, harassment, bullying or victimisation against employees or customers are disciplinary offences and will be dealt with under the Trust’s disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice. 3.10
GRIEVANCES
Any employee who believes he/she has been subjected to discrimination should raise the issue with the immediate line manager. The emphasis is placed on resolving workplace grievances at the managerial level closest to the source of the problem. All employees have access to the Trust Grievance Procedure when making a complaint of discrimination.
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ATTACHMENTS. None
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 8 of 10
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ELECTRONIC AND INFORMATION.
MANUAL
RECORDING
OF
Database for Policies, Procedures, Protocols and Guidelines Archive/Policy Co-ordinators office Held By: HR Directorate/Author Held in format: Electronic and hard copy
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LOCATIONS THIS DOCUMENT ISSUED TO. Copy No 1 2
7
Location
Date Issued
Intranet Wards & Departments
25/04/2007 25/04/2007
OTHER RELEVANT /ASSOCIATED DOCUMENTS. Procedure No.
Corp/Pol/222 Corp/Pol/213 Corp/Pol/216 Corp/Pol/208 Corp/Guid/200 Corp/Proc/203 Corp/Pol/025 Corp/Proc/013 Corp/Guid/027
Title Recruitment and Selection Policy Disability Equality Scheme Employment of Disabled Persons Policy Race Equality Scheme Sexual Orientation, Religion and Belief Policy Harassment & Bullying Policy Grievance Procedure Disciplinary Procedure Disability Policy Interpreting Services for the Profoundly Deaf Religious & Cultural Beliefs The Civil Partnership Act 2004 Equal Pay Act 1970 (as amended) The Gender Recognition Act 2004 The Human Rights Act 1998 Sex Discrimination Act 1975 Race Relations Act 1976 Race Relations (Amendment) Act 2000 Race Relations Act 1976 (Amendment) Regulations 2003 SI 2003/1626 Disability Discrimination Act 1995 Race Relations Act 1976 (Statutory Duties) Order 2001 SI 2001/3458 Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660 Employment Equality (Sexual Orientation) Regulations 2003 SI 2003/1661 Employment Equality (Age) Regulations 2006 SI 2006/1031 Equal Treatment Directive 76/207/EC as amended by Directive 2002/73/EC Employment Equal Treatment Framework Directive 2000/78/EC
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 9 of 10
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AUTHOR/DIRECTORATE MANAGER APPROVAL. Issued By
T.Daniels
Checked By
D Galagher
Job Title
HR Manager
Directorate
Acting Director HR & OD
Signature Date
Signature March 2007
Blackpool Fylde and Wyre Hospitals NHS Trust Revision No: 2
Date
March 2007
I.D. No. CORP/POL/206
Title: Equality and Diversity Review Date: 01/06/2009 Do you have the up to date version? See the intranet for the latest version Page 10 of 10