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KIRKLEES PRIMARY CARE TRUST Diversity and Equal Opportunities in Employment Procedure

Contents Section

Page

1.

Introduction

3

2.

Responsibilities

3

3.

Training

4

4.

Recruitment Selection and Promotion

4

5.

Monitoring

5

6.

Positive Action

5

Appendix 1

Procedure - Age Discrimination

6

Appendix 2

Procedure - Employing People with Disabilities

9

Appendix 3

Procedure - Job Share

15

Appendix 3

Equality Impact Assessment Tool

19

Appendices

2

DIVERSITY/EQUAL OPPORTUNITIES IN EMPLOYMENT PROCEDURE 1.

Introduction 1.1 The PCT will ensure that all operational procedures are regularly reviewed, to ensure that all selection and promotion criteria are based on the aptitudes, skills, abilities and qualifications required for the job/work and do not indirectly discriminate against anyone.

1.2 The procedures below will apply equally to all employment issues including advertising, selection and recruitment, terms and conditions of service, training, transfer/promotion, opportunities for development including appraisal/performance review, discipline, grievance, harassment, termination of employment, and flexible working arrangements.

2.

Responsibilities 2.1

The Trust Board will delegate responsibility for action under this policy to the SMT/MEG including the taking of positive action when required. The PCT Board will expect six monthly action reports including relevant monitoring of employment decisions and outcomes.

2.2

The Director of Human Resources / Organisational Development is responsible for the operation of this policy and procedure, and providing six monthly reports to the PCT Board.

2.3

The Assistant Director of Human Resources will be responsible for monitoring progress of the operational implementation of the policy within the PCT.

2.4

The Assistant Director of Human Resources will be responsible for continually reviewing employment practices, and for advising managers concerning the policy and assisting with training needs identification.

2.5

Directors/Managers will be responsible for following the agreed procedures and in consultation with their staff identify training needs required. Directors/Managers must take action to address any complaints from staff alleging discrimination or harassment including any issues involving third parties (see paragraph 2.6 below). They themselves must also ensure they attend training and updating in equal opportunities.

2.6

Every member of staff employed by the PCT will be required to comply with the policy agreed procedures. Staff must not discriminate on any grounds during the course of their employment or induce others to do so.

Staff must inform their manager if they suspect unlawful discrimination is taking place and this should include reporting any incidents involving 3

third parties for example contractors or other staff on PCT premises who are not directly employed by the PCT. Any breach of these procedures may result in disciplinary action being taken.

3.

Training 3.1 This is seen as especially important for those managers or supervisors involved in the key decision-making areas of recruitment/selection, appraisal, employee development and promotion. No manager should undertake interviewing without first understanding the terms of this procedure and associated legislation. One member of every interview panel should have attended a mandatory training course on recruitment and selection.

3.2 Diversity/equal opportunity issues will be covered at all induction courses held throughout the PCT.

4.

Recruitment Selection and Promotion 4.1

Selection must be carried out accordingly to objective related criteria including the Knowledge and Skills Framework. Under the appropriate discrimination legislation, managers must check the contents of the person specifications and ensure that unnecessary requirements that need not be included and which may exclude under represented groups of people from applying/being interviewed for the job are removed.

4.2

A formal record of shortlisting and interviewing decisions in respect of appointment or promotion, together with reasons for rejection/selection, will be maintained for a period of twelve months. A record of all shortlisting/selection decisions will be kept by the human resources department. Selection decisions must not be influenced by attitudes of other staff, including reasons such as the ability to fit in with existing staff. The shortlisting procedures must be carried out by more than one person.

4.3

All vacant posts will normally be advertised internally for staff employed by the PCT and the advertisement should state if any restrictions apply for example bank or temporary staff. However there will be occasions when alternative recruitment strategies may apply for particular vacancies, for example for staff declared at risk.

4.4

If the PCT has advertised a post within the last six months and a large number of suitable applicants are still available then the PCT may choose not to re-advertise the same position again.

4.5

When a post involves irregular or unsocial hours or travel, the full facts should be referred to in the job description and interview questions must be related to the requirements and circumstances of the job.

Questions based upon assumptions about religion, marital status, age,

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children and/or domestic obligations must not be asked of any candidate. Information necessary for personal records can be obtained after a job offer as been made.

5.

Monitoring 5.1 5.2

6.

The PCT will collect and monitor information concerning both existing and prospective staff.

Monitoring will also be applied as follows: (a)

An analysis by age, minority ethnic, gender, disability, sexual orientation and religion for existing and prospective employees using information from the Electronic Staff Record. For prospective staff monitoring will apply at the shortlisting and appointment stages. Analysis of these categories will enable identification of areas of under or over representation to be examined and for action to be taken, for example positive action.

(b)

Responsibility for monitoring rests with the Director of Human Resources / Organisational Development who will report findings to the PCT Board.

Positive Action 6.1

The PCT Board will commit managers to pursue initiatives on positive action where problem areas have been identified following reports as a result of monitoring this policy.

6.2

Positive action training and encouragement within the meaning of the legislation is not positive discrimination which would be unlawful.

Positive action is a remedy available to address any underrepresentation of a particular group of people within their workforce. It is important to note that positive action does not extend to selection decisions which must be made on the basis of suitability for the job.

6.3

Some examples of how positive action measures may be applied: a) Job advertisements circulated specifically to members of underrepresented groups encouraging them to apply for such posts. b) Encouragement of employees from particular groups to apply for promotion/transfer to particular work in which they are underrepresented. c) Training for members of certain groups to equip them to gain promotion to work in areas where they are under-represented.

Please note this list is not exhaustive.

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APPENDIX 1

PROCEDURE AGE DISCRIMINATION Introduction Discrimination on the grounds of age is illegal in all employment sectors.

Demographic change, with increasing life expectancy and declining birth rates means that our population is ageing. As NHS employers, taking into consideration this factor we can no longer rely on school leavers as our main source of recruitment.

Age discrimination can affect anyone regardless of how old they are. As part of the PCT’s commitment to equality and diversity the PCT will not tolerate any form of ageism. The PCT recognises that age is not an indicator of ability or competence, and as such will actively consider any requests from staff to work past normal default retirement age.

This is a vital part of our workforce planning and if we can retain staff in the workforce longer we also retain their invaluable skills and knowledge.

Prior to age discrimination legislation it is an employee’s choice to retire at any age before the normal retirement age of 65. This procedure simply allows them the right to request to work longer if they want to.

Procedure for Dealing with Employee Requests to Work Past Normal Retirement Age 1) The HR department will write to all employees between 6 and 12 months before their default retirement date (currently 65 years of age). Informing them of their right to request to continue working beyond the default retirement age.

2) The employee will complete a standard form which is sent with the letter and state whether they wish to be considered to be able to work past their default retirement age or waiver the right and retire at the default retirement age. This must be returned no less than 3 months before the intended retirement date to the HR department. If requesting to continue working, the employee should state whether they wish to continue work indefinitely or until a certain date.

3) If the employee indicates they wish to work beyond the age 65 the HR department will contact the employee’s line manager who must then hold a face-to-face meeting with the employee to discuss the request. The manager should then confirm the agreement reached. The manager should comprehensively consider the request and discuss the other options that are available to the employee under the flexible working policy, such as job share, 6

shift working, annualised hours, flexi-time, bank working etc. The manager must then notify the employee in writing of the decision as to whether the request has been accepted or declined. This must be done within two weeks of the meeting. During the decision making process employment continues as normal.

4) If the manager’s decision is not to agree to the employee’s extended working a request can be declined fully or partially; a letter should be sent to the employee advising them of their right of appeal. If the employee wishes to appeal they should write to the HR Department within 2 weeks of the manager’s decision. A part refusal means an agreement to continue working for a shorter period than the employee requested. The HR Department will arrange a panel to hear the appeal, usually consisting of the Managers immediate Manager and a HR representative. Managers making decisions about applications to continue working should be able to justify their decision and this cannot be on the grounds of age. If the manager is refusing the request on grounds of capability or conduct they must follow the PCT procedures for dealing with such matters.

5) If the decision is to accept the employees request to continue working this should be for the agreed period. This process must be repeated before the end of the negotiated period and there are no limits to the number of extensions. However the above procedure needs to be completed for each extension.

Managers should always seek HR advice and guidance when they are dealing with a request to work beyond default retirement age.

Responsibilities HR 1) It is the responsibility of the HR department to write to all employees 6 to 12 months before the normal retirement age of 65 years old.

2) HR will record and monitor all requests and waivers for workforce reporting.

3) The HR Department will organise panels to hear any appeals where requests have been refused.

4) Advise managers and staff on the implementation of this policy.

Employee 1) The employee must return the standard form to the HR department no later than three months before their expected retirement date stating whether they wish to work past the age of 65 or retire.

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2) If no form is returned to HR at least three months before the employee’s retirement date they will assume that the employee wishes to waiver their right to be considered for extended working. Any requests received later than three months or if the employee previously waived the right and now wants to reconsider their original decision this will be heard at the manager’s discretion taking account of the circumstances.

3) The employee should consider whether they are requesting to work with the same terms and conditions as before or whether they are requesting a change in hours, role etc.

Line Managers 1) Line mangers must seriously consider any requests to work past normal retirement age. They must hold a face-to-face meeting with the employee, within 2 weeks of receiving the request.

2) Managers should highlight flexible working arrangements with employees and discuss the request thoroughly, noting the employee’s preference i.e. whether they wish to maintain their current role and hours or change hours and/or role and considering the needs of the service.

3) The Manager must notify the employee of their decision in writing sending a copy to HR department. This must be completed within 2 weeks of the faceto-face meeting.

4) If the managers decision is to grant the request this must also be confirmed in writing and if there is a change to the hours or role a change form must be completed.

5) If the manager’s decision is not to grant the request then the letter must inform the employee of the right to appeal. (Standard letter available from the HR Department for this purpose). This appeal s should be lodged with the HR Department and must be within 2 weeks of receipt of the letter. .

Implications of Failure to Follow Procedure If this procedure is not followed then employees may be able to claim unlimited financial compensation, including injury to feelings. Failure to inform of the ‘right to request’ is automatic compensation of up to eight weeks pay and informing an employee less than two weeks in advance of their default retirement age will result in automatic unfair dismissal.

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APPENDIX 2

PROCEDURE EMPLOYING PEOPLE WITH DISABILITIES 1.

Introduction The PCT positively encourages and welcomes applications from disabled people and will do everything possible to ensure that they are supported and developed whilst in employment and are provided with any equipment to enable them to do their job.

All individuals will be treated fairly and consistently and in return are expected to work in accordance with agreed policies and procedures. The PCT will not permit any discrimination against disabled people from either service users, staff or prospective staff. Disciplinary action will be taken against staff who disregard this requirement and consideration may be given to withdrawing services against service users who discriminate against staff.

The PCT fully understands the positive effects the employment of disabled people can have not only for the individuals concerned, but also the benefits for the service by employing disabled people who generally have excellent . attendance records during their employment.

2.

Definition of Disability The Disability Discrimination Act (DDA) 1995 defines a disabled person who ‘has a physical or mental impairment which has a substantial and long term adverse effect on his/her ability to carry out normal day to day activities’.

Long term is defined as 12 months. Progressive illnesses are also covered by the DDA and once staff are diagnosed as having a progressive condition they will be covered under the Act. Further information about legislation may be obtained from the Human Resources or Occupational Health Departments.

Impairment Covers a wide range of physical disabilities, mental disabilities, medical conditions and illnesses.

Physical impairments cover a very wide range of physical conditions, including those which affect the senses such a sight and hearing.

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A mental impairment (e.g. psychological injury) may affect a person’s physical abilities, in addition to their mental abilities. Also, a physical impairment may affect a person’s mental abilities.

The difference between a mental and physical impairment does not depend on whether it affects a person’s mental or physical abilities but on whether the nature of the impairment itself is physical or mental.

Mental Impairments Mental impairments include recognised mental illnesses and learning disabilities. For a mental illness to give rise to disability under the Act, it must be clinically well-recognised, i.e. recognised by a respected body of medical opinion.

An impairment is regarded as affecting a person’s ability to carry out normal day-to-day activities if it affects one (or more than one) of the following; mobility, manual dexterity, physical coordination, continence, ability to lift, carry or otherwise move everyday objects, speech, hearing or eyesight, memory or ability to concentrate, learn or understand, the perception of the risk of physical danger.

Substantial The term ‘substantial’ applies were those who have had a Disability as meaning ‘more than minor or trivial’. It is substantial if it reflects ‘the general understanding of disability as a limitation going beyond the normal differences in ability which may exist among people’ including the time taken by a disabled person to perform a particular activity.

Long-term Adverse Effect ‘The effect of an impairment is a long-term effect if – (a) it has lasted at least 12 months; (b) the period for which it lasts is likely to be at least 12 months; or (c) it is likely to last for the rest of the list of the person affected’.

A ‘normal day-to-day activity’ for the purposes of the Act is deemed to be something which is carried out by most people on a fairly regular and frequent basis, such as walking, and not something highly specialised.

Progressive Illnesses Progressive illnesses are covered from the point of diagnosis.

Some examples of progressive illnesses which are covered include: vision of the Disability Discrimination Act are: 1.

Cancer

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2.

3.

4.

Multiple Sclerosis Muscular dystrophy HIV

The specific inclusion of cancer as a progressive illness in this way may give rise to difficulties as it is often not certain at the time cancer is diagnosed whether the person will recover within 12 months or become progressively more ill. In a situation where the diagnosis on the timing of recovery is not clear, the employer should initially regard the cancer sufferer as disabled. If at a later date it becomes apparent that recovery will be faster than was originally anticipated and will be complete within 12 months, then the person will immediately cease to be classed as disabled under the Act. Conditions Specifically Excluded from the Disability Discrimination Act 1995 There are a number of conditions which are specifically excluded from the scope of the Disability Discrimination Act 1995. These include addiction to alcohol, nicotine, drugs and any other substance, hay-fever.

3.

Responsibilities PCT The PCT will, as a user of the Two Tick, Positive about Disabled People symbol, ensure that: Managers Managers interview all applicants who declare a disability and who meet the essential criteria in the person specification for a job vacancy. The PCT will consider their skills/abilities in relation to the job on offer.

All disabled staff employed by the PCTs will have, at least, an annual staff appraisal interview with their manager to ensure that they are able to continue to develop their skills and abilities and that they have a personal development plan in place.

The PCT will require all its managers to make every effort to ensure that any of their staff who becomes disabled, whilst working for the PCT, are able to remain employed by the PCT. All staff employed by the PCT are able to receive training to enable them to develop a reasonable level of awareness concerning disability issues so that they may contribute towards making this policy work.

It is the responsibility of each manager to ensure that this policy is communicated to their own staff.

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Each manager must ensure that there is no unfair discrimination against people with disabilities within their area of responsibility, particularly when providing opportunities for training, career development and promotion.

Managers must follow the PCT’s disciplinary procedure against any of their staff who directly or indirectly discriminate against disabled people. Likewise staff i.e. managers must report any instances of discrimination which they themselves witness either to the relevant PCT Manager or to the relevant external organisation if a PCT employee is not the perpetrator of the discrimination.

Human Resources The human resources department will ensure that managers are aware of disabled staff/prospective staff so they may establish with the person concerned how to react in the event of any emergency for example in the case of an epileptic fit.

The PCT recognises that a number of people, who whilst falling under the definition of ‘disabled’ within the meaning of the DDA do not choose to make this known to management. .

The human resources department will be responsible for monitoring the number of job applications received from registered disabled persons together with the numbers of successful candidates and the posts to which they are appointed.

The human resources department will also monitor and record all reported cases concerning the arrangements made for the continued employment of newly disabled employees including any arrangements for re-training.

4.

Recruitment Candidates will be selected for employment on the basis of their ability to perform the duties of the position. Where people with disabilities have the necessary aptitude and ability to carry out the job requirements their application must be given equal consideration with other applications received. Their fitness for employment will be determined in relation to the post for which they have applied. All applicants who state that they are disabled or have a condition which comes under the definition disability as defined in the DDA 1995 and meet the minimum criteria of the post will be shortlisted for interview.

Disabled applicants may choose a different form of application if they feel that the current format may disadvantage them.

Disabled candidates invited to attend an interview will be offered support and assistance to enable them to attend their interview.

At interview questions will focus upon the needs of the job and therefore the person’s skills/experience/competence will be examined. Questions about the

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person’s disability will only be asked if it has a bearing on the person’s ability to do the job.

Disabled applicants can be asked what arrangements they would need in place to accommodate their disability and for them to do the job.

The PCT may stipulate essential health requirements for example physical where they are consistent requirement for a particular staff group’s job for example the need to lift heavy objects. Where these requirements form only a small proportion of the job it is unlikely they would be justifiable and instead alternative arrangements will have to be put in place to accommodate this aspect of the job.

Full consideration will be given to appropriate advice from relevant external agencies, to help promote the employment of people with disabilities of all kinds.

5.

Training/Job Development The same opportunities will be offered to people with disabilities as other employees to develop their knowledge and skills and to undertake responsibilities commensurate with their abilities and promotional prospects.

6.

Adaption of Premises and Equipment Where Necessary When designing new places of work or altering existing premises and equipment, full consideration will be given to facilitating access to and suitability of workplaces for people with disabilities.

7.

Retention of Employees Who Become Disabled If because of a disability an employee becomes unfit to carry out his/her existing duties the PCT will respond as it would to any other instance of employee ill health.

In the first instance every effort will be made to retain the employee in his/her existing post with minor changes to duties where necessary.

Where feasible and practical, adjustments/adaptations will be made to the job, working hours or work environment to enable disabled employees to remain in their jobs. Only where it cannot be justified, for example on grounds of very high costs, will the PCT be able to refuse to make reasonable adjustments to, for example, equipment/accommodation.

Where, because of disability, it is not possible for an employee to remain in his/her post, the PCTs procedure for redeployment will be invoked (refer to sickness policy).

Retirement on medical grounds for these employees who qualify will only be considered as a last resort.

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Under normal circumstances the consideration of the question of retention of employees who become disabled will be fully informed through the involvement of the occupational health department who will advise the employee and the PCT as appropriate.

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APPENDIX 3

PROCEDURE JOB SHARE 1.

Introduction The purpose of this procedure is to support staff to balance their home and work life and thus allow the Primary Care Trust (PCT) in its efforts to be able to recruit and retain staff. The PCT understands that many staff have commitments outside of work and continually seek to provide a supportive environment that allows staff to achieve a healthy work/life balance which is consistent with the principles of Improving Working Lives.

Job share arrangements will be considered for any established full time post.

2.

Definition of Job Share Job sharing is an arrangement where two people voluntarily agree to share the role and responsibilities of one full time job. Each partner will receive a proportion of the benefits accruing to the position e.g. salary, annual leave in proportion to the hours worked.

Job sharing entails the partners assuming responsibility for the complete range of duties contained in a full time post and must not be considered as two part time jobs. Job sharers will be treated no less favourably than others in respect of recruitment, training, career progression and all other terms and conditions of service.

All posts must be considered for job-share. However there may be circumstances surrounding an individual post which may make job share inappropriate for example, absolute consistency of approach and or managerial continuity can only be achieved by one person. If it is unclear whether a post is suitable advice should be obtained from Human Resources.

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3.

Recruitment All vacancies will be considered by the Manager for job share.

Jobs must be advertised according to normal recruitment procedures.

Vacancies will be advertised as automatically open to both full time and job share candidates unless the recruiting manager decides the job is not suitable for job share and completes the statement on the vacancy requisition form. An existing postholder may seek to share their current post under this policy providing a satisfactory job share partner can be found following a suitable interview process. When the request involves a promotion for one employee, normal recruitment procedures must be followed e.g. an interview must take place.

The shortlisting and selection of job share applicants will be undertaken in accordance with current recruitment policy. Candidates may submit a joint application or candidates may be matched during the selection process.

Prior to appointment it must be ensured that there is agreement on the allocation of the full responsibilities to meet the full role of the job, where necessary an addendum may be added to the job description detailing agreements reached.

4.

Terms and Conditions of Employment Service conditions shall be applied in the same manner as they would to a full-time appointment, payments and other benefits being pro-rata to the number of hours worked. Specifically: 4.1

Contract of Employment

Each partner will hold an individual contract of employment which will reflect their particular terms and conditions of employment. The postholder’s will be that given to the established post with the endorsement - (job share).

4.2

Hours of Work

Total number of hours will not normally exceed those for the established post.

4.3

Rate of Pay

Job sharers will be paid pro-rata to the full-time rate for the number of hours worked in accordance with their individual spine point.

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4.4

Appraisal and PRP

Job share employees will be treated in the same way as full-time and part-time employees for individual performance review and pay awards. Incremental pay awards linked to KSF competencies will be paid on an individual basis.

4.5

Training

Following an evaluation of training and development needs, job share partners will be considered equally for training and development opportunities and on the same basis as full time, part time or fixed term/temporary employees.

4.6

Annual Leave

This will be applied on a pro rata basis between each of the job share partners.

4.7

Benefits Which Depend on Length of Service

These include incremental points, sick pay, long service leave and maternity leave entitlement and will be earned individually, pro rata to the number of hours worked.

4.8

Sickness and Holiday Cover

There will be no requirement on a job sharer to cover for a partner’s short term absence due to sickness or to stager their leave due to the job share partner’s absence. If an individual agrees to work additional hours, payment will be at plain time unless the individuals total weekly hours worked are more than the contracted weekly hours for the job share post. In this case where the post is eligible for overtime payments, the hours worked above the total weekly hours for the post will be paid at the appropriate overtime rate.

4.9

Changeover Arrangements

During the job sharers working week it will be necessary to ensure that sufficient time is allowed to communicate, hand over and provide continuity of service provision. This should be done with the normal established hours.

4.10 N.H.S. Pension Scheme Job sharers will be required to comply with the appropriate regulations if they are members of the Scheme.

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4.11 Car Allowances Job share partners will qualify for standard/regular car user’s allowances in the same way as a full time post holder. Eligibility for a lease car will be determined by an individual partner’s work related mileage and economic viability in line with the PCTs Lease Car Scheme.

5.

Replacing Job Sharers If one partner resigns, the post will usually be offered as a full time or part time post (possibly with increased hours) for the remaining job sharer although the PCT reserves the right not to do so. If the remaining job share partner does not accept the single job share post will be advertised in accordance with normal recruitment policy.

If another suitable job share partner cannot be found and it is necessary to cover the post full time the post will be advertised internally and if a suitable applicant is found the remaining partner will, wherever possible, transfer to another suitable alternative post accommodating as far as possible the hours of work already agreed. If redeployment to a lower grade is the only option and the reason is purely related to breakdown of the job share agreement, then the provision of the PCT’s Policy on Protection of Pay will not apply.

Should it not be possible to appoint a full time person then the remaining job sharer will be retained on a part time basis until either another partner can be found of the post can be filled full time.

Only when all the above options have been exhausted will termination of the remaining job sharer be considered.

6.

Responsibilities and Approval of Job Share Arrangements This rests with the appropriate manager taking account of service needs. The manager will try and approve all applicants where possible.

Any concern relating to the interpretation or application of this policy should be raised in the first instance with the manager of the employee concerned.

Should any employee feel that his/her manager has not given proper consideration to a job share arrangement the employee may appeal using the PCT grievance procedure.

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Equality Impact Assessment Tool

APPENDIX 4

To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval.

Insert Name of Policy / Procedure Diversity and Equal Opportunities 1.

Yes/No

Comments

Does the procedure affect one group less or more favourably than another on the basis of: No

• Race • Ethnic origins travellers)

(including

gypsies

and

No

• Nationality

No

• Gender

No

• Culture

No

• Religion or belief

No

• Sexual orientation including lesbian, gay and bisexual people

No

• Age

No

• Disability - learning disabilities, physical disability, sensory impairment and mental health problems

No

2.

Is there any evidence that some groups are affected differently?

No

3.

If you have identified potential discrimination, are any exceptions valid, legal and/or justifiable?

No

4.

Is the impact of the policy/guidance likely to be negative?

No

5.

If so can the impact be avoided?

NA

6.

What alternatives are there to achieving the policy/guidance without the impact?

NA

7.

Can we reduce the impact by taking different action?

NA

If you have identified a potential discriminatory impact of this procedural document, please refer it to Human Resources Dept together with any suggestions as to the action required to avoid/reduce this impact.

For advice in respect of answering the above questions, please contact Human Resources Department

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