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1 Directorate Name and contact details of the people involved EQUALITY AND HUMAN RIGHTS FULL IMPACT ASSESSMENT TEMPLATE HRODE Alyson Sargeant ext 8103 Date started 3 rd June 2013 Date completed Name of service/policy/strategy/guidance/project proposal Review of Disciplinary Policy DEFINING THE AIMS AND OUTCOMES What are the aims, objectives and projected outcomes? The policy sets out: Both informal and formal processes for dealing with misconduct and gross misconduct Disciplinary standards The policy does not deal with issues of capability or sickness absence. The objective of the policy is to: Provide a means by which unsatisfactory conduct can be drawn to an employee s attention and the employee given an opportunity to meet the standards set. Resolve issues of conduct at the lowest possible level. Ensure the Trust complies with relevant employment legislation and the ACAS Code of Practice for Disciplinary and Grievances. Ensure that disciplinary matters are dealt with in a fair, effective and consistent manner. Remove inconsistent and unfair treatment of employees, potentially resulting in de-motivated and reduced morale across the workforce. Reduce claims at employment tribunal for unfair dismissal. The policy aims to reduce these risks by providing a clear process and framework for dealing with disciplinary issues in accordance with employment legislation. 1

2 STEP 1 - SCOPING THE EHRIA 1.1 Scope of the Equality and Human Rights Impact Assessment The EHRIA has considered the impact of this policy on all of the protected characteristics and human rights. Data referenced has been obtained from the Workforce Plan and the May 2011 Equality and Diversity Workforce Report. The EHRIA will form part of the documentation to be considered during the consultation process alongside the policy which will involve, trade union colleagues, FMT, HRODE Sub Committee, Trust Board, members of DMT and employees via the Trust Intranet. The EHRIA will be published alongside the Policy on the Trust Internet and will be reviewed in line with the policy and/or any legislative changes Will there be a procurement process or partners involved? Partners involved will include trade union representatives who share our commitment to ensuring fair and transparent process. STEP 2 EVIDENCE 2.1 What relevant quantitative and qualitative data and evidence have you considered? Please list the main sources of data, research and other sources of evidence reviewed to determine impact on each equality group (protected characteristic). This can include national research, surveys, reports, focus groups, research interviews, pilot activity evaluations, patient surveys and questionnaires, meetings, census data etc.) of communities or groups having different needs, experiences or attitudes in relation to this service/policy/strategy/guidance/project proposal. Race Religion or belief & nonbelief Disability Sex Neutral Impact - Approximately 89% of the Trust s workforce is white with, 5% of the workforce not declaring their ethnicity. Although there is no specific criteria that will impact negatively on this protected characteristic, employee relations cases will be monitored via the Annual Workforce Report the HRODE Sub Committee to ensure there is not a disproportionate amount of disciplinary cases from this group. Where English is not the first language of the employee the use of interpreters will be considered where this is deemed necessary. There is no identified negative impact on this protected group. Neutral Impact - A data gap exists around this protected characteristic with those declaring a disability remaining low. Consideration will be given to reasonable adjustments throughout the process where it is found a disability exists. Negative Impact - Approximately 73% of the Trust s workforce are female there will likely be a higher proportion of females affected by this policy. This will be monitored via the Annual Workforce Report to the HRODE Sub Committee. 2

3 Gender reassignment (including transgender) Sexual Orientation Age Pregnancy and maternity Carers Socioeconomic Human Rights Neutral Impact - A data gap exists around this protected characteristic, these data gaps were highlighted as part of the 2012 Equality Act Compliance Report and improving data capture is one of the Trust s Equality Objectives. With the gap in data it will be difficult to detect whether this group are disproportionately affected by this Policy, however the aim of the policy is to apply a fair, open transparent, consistent, process across all employees. Neutral Impact - A data gap exists around this protected characteristic, these data gaps were highlighted as part of the 2012 Equality Act Compliance Report and improving data capture is one of the Trust s Equality Objectives. With the gap in data it will be difficult to detect whether this group are disproportionately affected by this Policy, however the aim of the policy is to apply a fair, open transparent, consistent, process across all employees.. Negative Impact - The average age of the Trust s workforce is 44.3 years with a peak at age 49. The staff groups are ageing at a different rate. The removal of the default retirement age and the increased state pension age for women means that people will be working longer. There will likely be a higher proportion of older females affected by this policy. This will be monitored via the Annual Workforce Report to the HRODE Sub Committee. There is no impact identified for this protected characteristic. There is no impact identified for this protected characteristic. Neutral Impact - The Trust employs staff from across different socio economic groups. It is not expected that this policy will impact on this group however the employee relations cases will be monitored via the Annual Workforce Report to the HRODE Sub Committee. The aim of the policy is to apply a fair, open transparent, consistent, process across all employees. Neutral Impact - It is not expected that this policy will impact on this group however the employee relations cases will be monitored via the Annual Workforce Report to the HRODE Sub Committee. The aim of the policy is to apply a fair, open transparent, consistent, process across all employees. The policy is written in line with the ACAS Code of Practice on Disciplinary and the right to representation is afforded in this Code which is adopted by the Trust. 2.2 What are the overall trends/patterns in the evidence? There are some gaps in the data however all employee relations cases are registered on the ESR system and an annual Workforce Report is submitted to the HRODE Sub Committee. The evidence so far has not shown any concerns. 2.3 Please list the specific equality and human rights issues and data gaps that may need to be addressed through consultation and/or further research required? None identified. 3

4 STEP 3 - ENGAGEMENT AND INVOLVEMENT 3.1 Internal consultation and Involvement: In this section, describe the data you have gathered through stakeholder involvement and engagement e.g. through meetings, surveys, with Directorates, Staff (including support groups), partners, etc. See Consultation Feedback Form Internal consultation on the policy (including the EHRIA) will include: Staff Trust Board Foundation Management Team Directorate Management Teams Staff side representatives HROD and Equality Sub-Committee Joint Staff Partnership Local Negotiating Council Staff governors 3.2 External consultation and involvement: (Strand-specific organisations e.g. charities, local community groups, third sector, NHS partners, local authorities, clinical networks) External research has included other NHS Trust s Disciplinary Policies and the ACAS Code of Practice on Disciplinary And Grievances 4.1 Assessment of the impact STEP 4 - ASSESSING IMPACT In this section please record your assessment and analysis of the evidence. This is a key element of the EHRIA process as it explains how you reached your conclusions, decided on priorities, identified actions and any necessary mitigation. Overall this policy will have a neutral impact on many of the protected groups. Certain groups have been highlighted where negative impact is expected and that impact will be routinely monitored. Overall The aim of the policy is to apply a fair, open transparent, consistent, process across all employees. STEP 5 SIGN OFF Now submit your EHRIA and related evidence for clearance. Date of completion Author by Senior Manager sign-off Date of publication Review date 4

5 STEP 6 - PUBLICATION AND REVIEW Ensure that the EHRIA Report including the Action Plan is published alongside your policy/guidance/operational activity. IMPORTANT - Review, revise and update annually! 5

6 APPENDIX A Title: Disciplinary Policy Directorate: HRODE ACTION PLAN FOR EQUALITY AND HUMAN RIGHTS IMPACT ASSESSMENT Action / Activity Lead officer Dependencies / Risks / Constraints/resources Monitor of cases via the annual workforce report to HRODE Sub Committee Completion date Head of HR Yearly in May Progress update Keep one copy for your records, and ensure the EHRIA is presented to the relevant body alongside the Strategy / Policy. The EHRIA will be published on the Trust s website 6

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