HRPOL23 Inclusion and Diversity Policy GROUP WIDE v6 by Provide Community

Inclusion and Diversity Policy and Procedure

Version: V6

Ratified by: People and Culture Steering Group

Date ratified: 17/10/2023

Job Title of author:

Director, People Partnering

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by:

1. Introduction

Provide Community can best be defined by our vision, mission and values. This is what is at the heart of our organisation and what drives us as all as colleagues to do the very best we can for the people our work impacts.

We know that everyone throughout Provide Community is enacting and living our mission vision and values every single day, which makes us truly proud.

Provide Community is committed to equal opportunities in employment and believes that all everyone who currently is employed, or applies to work for the organisation, should be treated fairly and equitably

Provide delivers health and social care services to a diverse range of people and is committed to providing high quality services and participation for all.

Equality of opportunity means viewing positively an individual’s diversity and valuing equally the unique contribution that an individual’s experience, knowledge and skills can make. Provide is committed to developing a local workforce which is valued, whose diversity reflects the communities it serves and where everyone working in Provide is able to achieve their full potential in an environment characterised by dignity and mutual respect.

Provide recognises that some groups are marginalised and under represented at some levels of the organisation and aims to address this.

Provide is committed to a Just and Learning culture approach and wishes to ensure that if something happens and the obligation in this policy falls short, that a process is followed to establish next steps. We want to encourage improvement where necessary and ensure the practice of lessons learnt is embedded across the organisation.

2. Why Are Equal Opportunities Important?

Our employees, potential new employees and service users/clients are entitled to be treated fairly and equitably. Not only is this a fundamental human right but also in some areas it is unlawful not to do so.

3. Aims of the Policy

Provide aims to ensure that:

• Individual diversity of both employee and service users is recognised, respected and valued

• A working environment exists that is free from unlawful discrimination, victimisation or harassment on the grounds of gender, race, colour, religion, ethnic or national origins, marital status, disability (including mental health or learning disability), age, sexual orientation, or gender re-assignment

• Decisions relating to recruitment, career development, promotion and training will be based on individual merit, the requirements of the role, the needs of the service and fair, open and non-discriminatory systems.

• Provide and its employees adhere to the Equality Act 2010 and appropriate policies and procedures applicable to employment and the provision of health and social care services.

• A work place is created where all employees are confident of equitable and fair access to opportunities, development and training, and terms and conditions of service

• Recruitment and workforce monitoring is undertaken to measure the effectiveness of inclusion and diversity policies and initiatives

• Other organisations such as NHS Employers, local authorities, the voluntary sector, education providers, contractors and recruitment agencies, will be encouraged to work in partnership to ensure that everyone working in and with Provide does so in the spirit of this policy

• To embed inclusive leadership which support equality of opportunity.

4. Scope

This policy applies to:

• Members of the Provide Group Boards

• Applicants for employment with Provide Community

• Employees and workers at Provide Community

• Non-executive Directors and those in honorary positions

• Agency workers and Contractors

• Work experience students and those on university placements with Provide

• Volunteers

• Service Users/Clients and their carers

• Those representing Provide e.g. external members of an interview panel.

5. The Equality Act 2010

The Equality Act 2010 places statutory duties on public authorities to eliminate unlawful discrimination and promote equality of opportunity and whilst Provide Community is not a public authority it will abide by the same principles

The Equality Act 2010 states it is unlawful to discriminate either directly or indirectly due to:

1. age, 2. disability, 3. gender (sex), 4. gender reassignment, 5. pregnancy/maternity, 6. race (which includes colour, nationality and ethnic or national origins), 7. sexual orientation, 8. religion or belief, 9. or because someone is married or in a civil partnership.

These are "protected characteristics”.

Positive Action - The Equality Act 2010 permits an employer to take positive action in the form of proportionate measures to encourage or train people from an underrepresented group to apply for jobs, overcome a perceived disadvantage or meet specific needs based on a protected characteristic.

6. What Clients / Service Users and their carers can expect

Provide will:

• Communicate the policy to all employees and job applicants.

• Make clear to all concerned the requirements of the policy in order that they can deal with matters relating to inclusion and diversity in a consistent manner.

• Take appropriate action where employees breach this policy in line with the organisation’s Disciplinary Policy & Procedure (HRPOL14).

• Make available information, advice, training and guidance to all employees.

• Monitor employment policies and practices to ensure compliance

• Explain managerial decisions to employees to ensure that there is a clear understanding about the reasons for the decision in terms of equity and fairness.

• Ensure that all colleagues uphold the values of the organisation – Care, Innovation & Compassion.

For the purpose of clarification:

• Part-time workers have the right not to be treated less favourably than their comparable full-time workers.

• Employees who are employed on fixed-term contracts also have the right not to be treated less favourably than comparable permanent employees

• Employees can request reasonable adjustments during employment. Advice can be sought to assist managers and employees with this process. Employees wishing to formally amend their working hours or pattern can make a request in accordance with the Flexible Working Policy.

Provide promotes working together. On this basis, Provide Community’s service users, clients and their carers can expect:

• A service which meets their needs and recognises their differences, within the available resources of Provide

• An opportunity to secure changes and improve the circumstances of service users/carers who are dissatisfied with, or feel disadvantaged by, the service that is currently being delivered.

• A commitment from all employees as individuals to promote inclusion and diversity internally and externally.

It is vitally important that services and facilities are accessible, adequate and appropriate to the needs of all users, within the available influence of Provide Community.

7. Identifying Discrimination and the Legal Framework in Employment

Discrimination can occur either directly or indirectly and is unlawful on the grounds of The Equality Act, 2010, as detailed in Section 5.

Discrimination can be the result of prejudice, misconception and stereotyping. Whether this behaviour is intentional or unintentional does not excuse it. It is the perception and interpretation that is important. Further definitions are set out in Appendix A.

8. Responsibility for the Policy

Provide Board has ultimate responsibility for the implementation of this policy, and for ensuring that the policy is applied consistently across Provide.

Directors and Managers will ensure that the policy is implemented within their own work areas and in their service areas.

The People Directorate will be responsible for the provision of specialist employment advice, training and guidelines on policy implementation and the submission of relevant reports.

9. Responsibilities of Employees

This policy will only be effective by managers and employees working together. In this respect, each employee has a responsibility to:

• Comply with and promote measures introduced by the organisation to ensure equality of opportunity and avoidance of unlawful discrimination

• Not induce or attempt to induce other employees to practise unlawful discrimination, nor to allow themselves to be influenced to do so

• Not make remarks or commit acts of a racist or sexist nature

• Not harass, abuse or intimidate other employees or potential employees on the grounds of their sex, race, disability, sexual orientation, gender reassignment or other grounds covered by this policy or legislation.

• Not victimise or attempt to victimise individuals on the grounds that they have made a complaint or have provided information about unlawful discrimination.

• Report unlawful discrimination to their supervisor or manager.

• As supervisors or managers, ensure that grievances are dealt with in accordance with Provide policies and in a consistent manner.

• Ensure that, in the course of their work, services are provided to all sections of the community fairly and equitably

• Treat other employees and service users with dignity and respect.

10.Handling Complaints of Discrimination

Provide will not tolerate unlawful discrimination in any form and action will be taken where discrimination has occurred. As a result:

• Provide is committed to ensuring that all complaints will be treated sensitively, confidentially, thoroughly and swiftly. All employees who have suffered unlawful discrimination can expect action to be taken and support from the organisation.

• An individual not employed by Provide who considers that they have been unlawfully discriminated against by a Provide employee may make a formal complaint, which will be addressed via the organisation’s Complaints and Compliments Policy and Procedure.

• Employees who are found to be involved in unlawful discriminatory activities or practices in relation to their duties are liable to face disciplinary proceeding in accordance with the Disciplinary Policy & Procedure (HRPOL14)

• Employees who consider they may have been unlawfully discriminated against may pursue the matter through the Grievance Procedure or, in cases of bullying and harassment, the Dignity at Work Policy & Procedure.

• For internal claims of discrimination, the Grievance Policy (HRPOL15) will be used. For external claims the Complaints & Compliments Policy. All claims of discrimination will be fully investigated in accordance with the organisation’s Disciplinary Policy & Procedure (HRPOL14).

11.Training for Equality and Diversity Awareness

To support its equal opportunities policies, Provide Community will:

• Ensure that all new employees and Board members receive induction training which will include a diversity and equality component;

• Ensure that all selection panels include an employee that is fully trained in diversity awareness, equal opportunities and interview skills, including Safer Recruitment;

• Ensure that equality and diversity is embedded in all training activities – both people management and service delivery;

• Ensure that all employees receive diversity awareness training at induction.

• Ensure that the aims of all training activities, access, availability and delivery support the principles of equal opportunities.

12.Monitoring

Provide will monitor all areas of implementation of the policy and will monitor the demographics of the workforce in accordance with recommended good practice.

13.Raising Awareness

For this policy to be effective, it is important that all employees are aware of the processes, and that managers are trained in their use. Action to ensure this will be as follows:

• The policy will be available on My Compliance; and

• Managers will explain the provisions to new employees as part of the induction process

14.Record Keeping and Confidentiality

Provide will adhere to the requirements of the Data Protection Act 1998 and Provide’s Data Protection Policy and the Code of Practice.

15.Review

This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements relating from legislative changes.

Review will be undertaken by a member of the People Partnering team and monitoring will be conducted in respect of policy outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.

Appendix A: Types of Discrimination

Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant.

In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.

Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct.

Associative discrimination is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and (according to guidance from the Government and Acas) pregnancy and maternity).

Perceptive discrimination is where an individual is directly discriminated against or harassed based on a perception that he/she has a particular protected characteristic when he/she does not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).

Third-party harassment occurs where employees are harassed and the harassment is related to a protected characteristic (other than marriage and civil partnership, and pregnancy and maternity), by third parties such as clients or customers. For an employer to be liable:

• The harassment must have occurred on at least two previous occasions (although not necessarily by the same harasser or suffering the same type of harassment)

• It must be aware that the previous harassment has taken place; and

• It must have failed to take reasonable steps to prevent harassment from happening again.

On 1st October 2013, the third party harassment provisions of the Equality Act 2010 were repealed in relation to events occurring on or after that date.

Victimisation occurs where employees are subjected to a detriment, such as being denied a training opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the Equality Act 2010, or because he/she is

suspected of doing so. However, employees are not protected from victimisation if he/she acted maliciously or made or supported an untrue complaint.

There is no longer a need for a complainant to compare his/her treatment with someone who has not made or supported a complaint under the Equality Act 2010. For example, if a blind employee raises a grievance that the employer is not complying with its duty to make reasonable adjustments and is then systematically excluded from all meetings such behaviour could amount to victimisation.

Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.

Appendix B: EQUALITY IMPACT ASSESSMENT: Frameworks and Outline briefing notes

Attached is a framework, customised to Provide, and some short advisory notes on an approach on carrying out Equality Impact Assessments (EIAs) at Provide Briefings are being arranged to explore undertaking such assessments in practice, using ‘live’ and relevant case studies.

EQUALITY IMPACT ASSESSMENT

TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Inclusion & Diversity Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the policy and procedure for ensuring Provide Community values diversity and inclusion, promoting equal opportunities within the organisation.

This policy/procedure links with the Dignity at Work Policy & Procedure.

Project/Policy Manager: Director, People Partnering Date: October 2023

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Positive, in that this policy increases awareness of inclusion and diversity and sets out the organisation’s intentions to value and promote this. The policy also sets out clearly steps that Provide Community will take should a concern be raised.

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral, HR data is not highlighting that more colleagues from minority/underrepresented groups are raising matters relating to inclusion and diversity, however we will continue to monitor

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with employees or external groups/agencies.

Positive, the policy & procedure enables a consistent approach by managers across the Provide Group.

Review date: October 2023

Guidelines: Things to consider

• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.