Equality Impact Assessment Report

Transcription

1 Appendix 1 Equality Impact Assessment Report Name of Policy, Service or Function Acas Investigations Training Equality Impact Assessment carried out by Christopher Wright, Equality & Diversity Advisor, Acas NW Date of Equality Impact Assessment 26 February 2009 Step 1: Description and Aims of Policy, Service or Function Overall aims To enable designated NWAS Investigators to carry out effective and fair investigations. Key elements of policy, service, process 15 Conducting Investigations Workshops delivered in Bolton, Carlisle, Liverpool and Preston between March and May 2009 Who does the policy, service or function affect? The delegates Staff involved in investigations Patients - service users How do you intend to implement the policy or service change (if applicable) Step 2: Data Gathering Summary of data available and considered Course materials Workbook, Powerpoint slides, handouts, Case Studies, Evaluation Sheets, Administrative tools invitations, joining instructions, general Acas feedback and evaluation of paperw Venues

2 Outcomes of data analysis Equality Group Evidence of Impact Gender Previous experience and assumptions. Race/Ethnicity Disability Sexual Orientation Religion or belief Age General (Human Rights) Step 3: Consultation Please note you may want to return to this section following Steps 4 & 5 Summary of consultation methods Feedback from trainers on earlier events sheets and verbal. Outcomes of consultation Equality Group Gender Race/Ethnicity Disability Sexual Orientation Religion or belief Age General (Human Rights) Evidence of Impact Participation due to working patterns; harassment Appropriate dates venues language harassment Access delivery Harassment Appropriate dates days premises harassment Participation harassment Document: EIA Toolkit Page 2 of 26 Author: Lisa Ward Version: 1.0 Date: March 2008 Final

3 Step 4 & 5 : Impact Grid Relevant Equality Area Areas of impact identified Is the impact positive or negative? Key issues for action [Will form basis of action plan] Gender P/T and other working patterns, domestic responsibilities, grade representation, majority of male investigators, trainers? - Times respected flexibility. Alt intervention 121, home worker. Inclusive role modelling and examples Race/Ethni city Diet, religious observance, culture, first language Check planned dates venues. Include cross cultural comm. In listening Disability Physical access, inclusion, adaptations, confidentially - Discretion, privacy Sexual Inclusion, harassment. Orientation Religion or belief Age Participation Observance, dates, days venues (alcohol, gambling) Check planned days, dates venues offer alternatives to individuals. General Privacy, confidentiality, fair trial (Human + Rights) All Inclusion, participation, harassment, respect Behavioural contract; modelling behaviour; trainer challenge. Document: EIA Toolkit Page 3 of 26 Author: Lisa Ward Version: 1.0 Date: March 2008 Final

4 Step 6: Action Plan Issue identified and equalities group or communities affected Access disabled people Inclusion, participation all groups Name of Policy or Service: Action to be taken By When Who By Expected outcome Progress Liaise with NWAS to double-check any special or particular requirements which their invitation/joining process has picked up. Introduce behavioural contract "Ground Rules" before each event (Perhaps Honesty, Confidentiality, Safety, Respect, Participate, Listen, Share, Challenge (Views not person), Language, Change, Punctuality Do introductions, expectations and likes and dislikes Women, carers Respect event timings - variations to be agreed with group Consider alternatives for people who have to miss part of event Before events Acas trainers, NWAS At events Trainers Before, during and after events All Mix trainees in different groups through day At events All Trainers challenge inappropriate behaviour. All Trainers challenge inappropriate behaviour. All Have access to relevant policies - E & D, B &H etc All Have inclusive Case Studies and examples - female managers, BEM names All All Include brief input on cross-cultural communication in listening module Consider feedback from first events in case they modify later ones NWAS to provide Before Acas Done events At events Trainers As available Trainers Summary of decisions and recommendations As Action Plan Document: EIA Toolkit Page 4 of 26 Author: Lisa Ward Version: 1.0 Date: March 2008 Final

5 Step 7: Monitoring arrangements Evaluation sheets Conduct of investigations Follow up with trainers Any complaints Step 8: Date of next Equality Impact Assessment Ad hoc Document: Equality Impact Assessment Toolkit Page 5 of 26 Author: Lisa Ward

6 Key Equalities Legislation and National Policy Appendix 2 The Equal Pay Act (as amended) 1970 The Equal Pay Act gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing: o Like work; or o Work rated as equivalent under an analytical job evaluation study; or o Work that is proved to be of equal value. The Sex Discrimination Act (as amended) 1975 The SDA (which applies to women and men of any age, including children) prohibits sex discrimination against individuals in the areas of employment, education, and the provision of goods, facilities and services and in the disposal or management of premises. The Human Rights Act 1998 The Human Rights Act came fully into force on 2 October It gives further effect in the UK to rights contained in the European Convention of Human Rights. The Act: o makes it unlawful for a public authority to breach Convention rights, unless an Act of Parliament meant it could not have acted differently; o means that cases can be dealt with in a UK court or tribunal; and o says that all UK legislation must be given a meaning that fits with the Convention rights, if that is possible. Article 2 Article 3 Article 5 Article 8 Article 9 Article 10 Everyone has the right to life No one shall be subjected to degrading treatment Everyone has the right to security of person Everyone has the right to respect for their private and family life, home and correspondence Everyone has the right to freedom of thought, conscience and religion subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, public order, health, morals, or the freedoms of others Everyone has the right to freedom of expression (subject to the same requirements as Article 9), but the exercise of those freedoms carries duties and responsibilities to the rights of Document: Equality Impact Assessment Toolkit Page 6 of 26 Author: Lisa Ward

7 others Article 14 Prohibition on Discrimination. The enjoyment of the rights and freedoms set forth in the convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin Employment Equality (Religion or Belief) Regulations 2003 These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of religion or belief. The regulations apply to discrimination on grounds of religion, religious belief or similar philosophical belief. Employment Equality (Sexual Orientation) Regulations 2003 These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of sexual orientation. The regulations apply to discrimination on grounds of orientation towards persons of the same sex (lesbians and gay men) and the same and opposite sex (bisexuals). The Gender Recognition Act 2004 The purpose of this Act is to provide transsexual people with legal recognition in their acquired gender. Legal recognition will follow from the issue of a full gender recognition certificate by a Gender Recognition Panel. In practical terms, legal recognition will have the effect that, for example, a male-tofemale transsexual person will be legally recognised as a woman in English Law. On the issue of a full gender recognition certificate, the person will be entitled to a new birth certificate reflecting the acquired gender and will be able to marry someone of the opposite gender to his or her acquired gender. The Civil Partnership Act 2004 This Act creates a new legal relationship of civil partnership, which two people of the same-sex can form by signing a registration document. It also provides same-sex couples who form a civil partnership with parity of treatment in a wide range of legal matters with those opposite-sex couples who enter into a civil marriage. The Disability Discrimination Act 1995 This Act prohibits discrimination against disabled people in the areas of employment, the provision of goods, facilities, services and premises, and education; and provides for regulations to improve access to public transport to be made. Document: Equality Impact Assessment Toolkit Page 7 of 26 Author: Lisa Ward

8 The Race Relations Act 1976 (as amended by the Race Relations (Amendment) Act 2000) The Race Relations Act (RRA) makes it unlawful to treat a person less favourably than another on racial grounds. These cover grounds of race, colour, nationality (including citizenship), and national or ethnic origin. The Race Relations (Amendment) Act outlawed discrimination (direct and indirect) and victimisation in all public authority functions not previously covered by the RRA, with only limited exceptions. It also placed a general duty on specified public authorities to promote race equality and good race relations. There are also specific duties for listed organisations including the production of Race Equality Schemes. Disability Discrimination Act 2005 This Act makes substantial amendments to the Disability Discrimination Act 1995 (see above). The 2005 Act places a general duty on public authorities to promote disability equality and to have due regard to eliminate unlawful discrimination. Those listed bodies within the public sector will also be subject to specific duties of the 2005 Act. The specific duties provides a clear framework for meeting the general duty and includes the requirement to produce a Disability Equality Scheme. The Disability Equality Duty for the Public Sector will come into force in December This will mean that DH and all NHS bodies will have to have in place by December 2006 disability equality schemes demonstrating how they intend to fulfil their general and specific duties under the Act. This will include: a public authority should involve disabled people in the development of the scheme the scheme should include a statement of: o the way in which disabled people have been involved in the development of the scheme o the authority s methods for impact assessment o steps which the authority will take towards fulfilling its general duty (the action plan ) o the authority s arrangements for gathering information in relation to employment, and, where appropriate, its delivery of education and its functions o the authority s arrangements for putting the information gathered to use, in particular in reviewing its action plan and in preparing the next Disability Equality Scheme A public authority must, within 3 years of the scheme being published, take the steps set out in its action plan (unless it is unreasonable or impracticable for it to do so) and put into effect the arrangements for gathering and making use of information. Document: Equality Impact Assessment Toolkit Page 8 of 26 Author: Lisa Ward

9 A public authority must publish a report containing a summary of the steps taken under the action plan, the results of its information gathering and the use to which it has put the information. The first scheme must be published by 4 December 2006 and will have to cover the following three years and this must be a living document, regularly monitored and reviewed. Employment Equality (Age) Regulations October 2006 The Age Regulations will implement the age strand of the EU Employment Directive 2000, which prohibits discrimination on specified grounds in work and vocational training. The Age Regulations will apply to all workers and to people who apply for work. In addition they will cover access to vocational training. The Age Regulations will prohibit direct and indirect age discrimination, harassment and victimisation. The Equality Act 2006 The Equality Act received Royal Assent on 16 February The Act s main provisions include: o the creation of the Commission for Equality and Human Rights (CEHR) which replaces the existing three equality commissions. The new Commission would give individuals suffering from discrimination easier access to support and provide employers and service providers with improved advice and information in a onestop-shop. The purpose and functions of the CEHR are outlined in the Act and the new Commission will be operational from October (with the Commission for Racial Equality joining in 2009) o to make unlawful discrimination on the grounds of religion and belief and sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises, and the exercise of public functions; and o to create a duty on public authorities to promote equality of opportunity between women and men ( the gender duty ), and prohibit sex discrimination in the exercise of public functions. This will also include a specific duty on public bodies to produce a Gender Equality Scheme. The Gender Duty will come into force in April. Discrimination Law Review The Department for Communities and Local Government s Women and Equality Unit are taking the Discrimination Law Review forward. The Review will consider the opportunities for creating a clearer and more streamlined equality legislation framework, which produces better outcomes for those who experience disadvantage. Key areas of the Review s work will include: Document: Equality Impact Assessment Toolkit Page 9 of 26 Author: Lisa Ward

10 o A consideration of the fundamental principles of discrimination legislation and its underlying concepts and a comparative analysis of the different models for discrimination legislation; o An investigation of different approaches to enforcing discrimination law so that a spectrum of enforcement options can be considered; o An understanding of the evidence of the practical impact of legislation both within the UK and abroad in tackling inequality and promoting compliance; o Consideration of the opportunities for creating a simpler, fairer and more streamlined legislative framework in a Single Equality Act. Any proposals will have due regard to better regulation principles and take into account the need to minimise bureaucratic burdens on business and public services. A key priority will be seeking to achieve greater consistency in the protection afforded to different groups while taking into account evidence that different legal approaches may be appropriate for different groups. It is anticipated that the product is a series of proposals for a coherent, modern, outcome focused framework for this area of the law with a view to bringing forward a Single Equality Bill. Tackling Health Inequalities a programme for action This Programme for Action sets out plans to tackle health inequalities over the next three years. It establishes the foundations required to achieve the challenging national target for 2010 to reduce the gap in infant mortality across social groups, and raise life expectancy in the most disadvantaged areas faster than elsewhere. PolicyAndGuidance/PublicationsPolicyAndGuidanceArticle/fs/en?CONT ENT_ID= &chk=Ad%2BpLD Neighbourhood Renewal Strategy Where we live can greatly affect our opportunities in life. For those living in areas of need, quality of life can be severely limited by what has been called postcode poverty. Neighbourhood Renewal aims to improve the quality of life for those living in the most disadvantaged areas by tackling: Poor job prospects High crime levels Educational under-achievement Poor health Problems with housing and their local environment Document: Equality Impact Assessment Toolkit Page 10 of 26 Author: Lisa Ward

11 The national strategy and action plan, A New Commitment to Neighbourhood Renewal, was produced in 2001 with the overarching principle that within 10 to 20 years no-one should be seriously disadvantaged by where they live. Document: Equality Impact Assessment Toolkit Page 11 of 26 Author: Lisa Ward

12 Appendix 3 Helpful Websites These are external websites and the Trust cannot be held responsible for the content of these sites. Acts of UK Parliament A database of recent acts and statutory instruments, including equalities legislation. Commission for Equality and Human Rights The forthcoming single equalities commission for the UK. Contains links to the separate Commission websites, such as the Disability Rights Commission, Equal Opportunities Commission and Commission for Racial Equality. Department for Communities and Local Government The Government department that leads on cross-cutting policies and strategies to reduce inequalities and deprivation Department of Health There is an equalities section and many useful publications and research on health inequalities. NHS Employers There is an equalities section containing best practice guidance Advice, Conciliation and Arbitration Service Codes of practice on employment matters Pacesetters Gender Related Groups Press For Change A pressure group representing transgender views. Gender Trust Document: Equality Impact Assessment Toolkit Page 12 of 26 Author: Lisa Ward

13 Mens Health Forum Sexuality Related Groups Stonewall Providing advise and support on sexual orientation issues. Health With Pride Lesbian Information Service Age Related Groups Help The Aged Age Concern Disability Related Groups Carers UK Obesity Awareness and Solutions Trust Mental Health Foundation Depression Alliance Downs Syndrome Association Mencap Document: Equality Impact Assessment Toolkit Page 13 of 26 Author: Lisa Ward

14 Alzheimers Society Mind Race Related Groups Race for Health DoH lead programme enabling PCTs to make the Health Service in their area fairer for BME communities. Chinese in Britain Forum Document: Equality Impact Assessment Toolkit Page 14 of 26 Author: Lisa Ward

15 Activities example responses None of the following are exhaustive lists but are designed to give you an indication of some of the issues you may identify 1. Data and Information Gathering (Page 20) Appendix 4 Management of bereavement on scene Data/Information How it might help source May identify poor Complaints/PALS experiences by patients Currently available Yes but difficult to extract information IR1s/Clinical incidents Staff experience Knowledge of specific representative staff Best Practice examples from NHS May flag issues which have occurred on scene Identify problems they have experienced/what works well Understanding of religious/community issues, issues arising from sexual orientation or disability Now issues are dealt with in Acutes and PCTs what guidance is available to their staff Yes but difficult to extract this type of specific information If we ask No formal mechanisms for accessing currently Yes accessible through internet and networks. Research or written information on the significance of death in different religions Understanding potential impact and whether our current practice adequately supports different beliefs Cultural handbook. Research awareness Research or information about other diverse groups Identifying issues faced by different groups. Some available if research through internet and networks e.g. DoH guidance on sexual orientation and bereavement. Document: Equality Impact Assessment Toolkit Page 15 of 26 Author: Lisa Ward

16 Recruitment (Page 20) Data/Information source Monitoring of recruitment processes Case Law Best Practice and research Research on particular groups Staff experience/tu How will it help Identify potential discrimination points in process e.g. lack of applications from particular groups, higher failure rates at assessments Examples of discrimination in other processes Guidance on avoidance of discrimination Examples of what has worked in other organisations Identify potential areas of impact. May potentially highlight difficulties experienced Currently available Monitoring collected but difficult to collate until full electronic systems in use. Yes via journals and internet Via internet, ACAS, CIPD, CEHR etc. Other NHS and local government experience Via internet and networks e.g. work in LAS on recruitment, ASA research in BME communities and recruitment to the ambulance service. Via TU consultation or direct with staff. Complaints/grievances Identify problems Often dealt with via HR and not formal complaints process but available. HR experience NHS Jobs/Recruitment agencies/advertising agencies May identify individual cases where queries have been raised or individual adjustments made which are not reflected in policy Coverage of media/advertising used identifying possible gaps in advertising coverage Discussion with HR teams Yes Document: Equality Impact Assessment Toolkit Page 16 of 26 Author: Lisa Ward

17 Test suppliers Tests should have been tested against diverse groups Yes Procurement tendering processes (Page 21) Data/information How it might help Source Diversity monitoring Are suppliers tendering information of suppliers diverse in their make up are some groups being excluded Currently available Size/location of organisations tendering Coverage of media, where tenders are advertised Best Practice and research Identify whether local community suppliers are accessing tender processes Identify problems with access to tender process Best practice approaches to procurement, hidden barriers to access. Analysis of tenders received. Available from media Yes via internet and professional journals e.g. DoH guidance and research on procurement. Document: Equality Impact Assessment Toolkit Page 17 of 26 Author: Lisa Ward

18 Activity: Identifying impact Race (Page 30) Access to 999 Services Areas of impact Positive/ Where to find more information Language barriers N/A Understanding of purpose and use of services by refugee groups Perception of service may lead to failure to access by some communities Refugee groups PCTs Local Authority Community groups Staff knowledge PALS Processes Areas of Impact Positive/ Where to find more information Language barriers in calling service and expressing concerns to manager Understanding and awareness of service may differ in community groups. Community groups assess understanding and access. Availability and accessibility of information Staff may lack confidence in addressing needs Failure to consider impact of racial/cultural issues when considering PALS issue Community groups to assess impact. Staff experience Review of PALS information where race could have been a factor in incident. Document: Equality Impact Assessment Toolkit Page 18 of 26 Author: Lisa Ward

19 Activity : Religion and Belief (Page 33) Rota, work allocation and leave allocation Area of impact Positive/ Where to find more information Leave allocation may not take account of religious festivals. Community calendar Cultural awareness handbook Community groups. Greater impact of long shifts, work allocation during fasts e.g. Ramadan Rota allocation may affect requirements for prayer/attendance at religious service/sabbath Community group OHD Community groups Cultural Awareness Handbook. PES Assessment and Treatment Area of Impact Positive/ Where to find more information Some religions may encourage treatment by same sex clinicians in some or all circumstances Community groups Other NHS guidance Cultural Awareness Handbook Physical assessment may offend dignity, particularly of females in some religions Bereavement practices following death will differ and crews may not be sensitive to these. Religion may require observance of certain practices on scene e.g. removal or covering of shoes As above As above As above Document: Equality Impact Assessment Toolkit Page 19 of 26 Author: Lisa Ward

20 Cultural responses to trauma, stress and pain can vary and be influenced by religious belief. This may influence assumptions during assessment. See above Document: Equality Impact Assessment Toolkit Page 20 of 26 Author: Lisa Ward

21 Activity : Disability (Page 37) Non-emergency transport of patients on PTS Area of Impact Positive/ Where to find more information Service provides convenient means of transporting disabled patients to and from appointments. Positive N/A Disabled patients requiring regular treatment outside normal PTS core hours e.g. renal patients may receive poorer quality service from volunteers/taxis Bariatric patients may not be able to access service Bariatric patients dignity may be compromised by methods of transportation Patients with learning difficulties/dementia or other disabilities affecting communication or understanding may be confused and/or frightened by use of service. Communication with deaf patients may affect the quality of their experience and/or affect their health and safety Patients in the later stages of terminal Patient surveys Complaints Quality standards PCT information Complaints PCT Information Patient Survey and feedback Social Services or Local Authorities Representative groups Deaf Awareness Groups Hospices Patient Groups Document: Equality Impact Assessment Toolkit Page 21 of 26 Author: Lisa Ward

22 cancer may have their dignity compromised by having to travel with other patients Patients with mental health needs may present as aggressive leading to poor quality service to them and violent or aggressive incidents with staff. NHS Partners Metal Health Charities Delivery of Training to staff Area of impact Positive/ Where to find more information Access to training facilities, especially LBH, for physically disabled staff and visitors. Visually impaired staff may not be able to view power points or written materials Staff with some disabilities may require special diets or regular breaks Staff with dyslexia may not be able to complete assessments or tests within normal timeframes Training can promote positive images of disability Training can increase levels of awareness of disability Positive Positive Royal National Institute for the Blind Dyslexia Association Document: Equality Impact Assessment Toolkit Page 22 of 26 Author: Lisa Ward

23 Activity : Age (Page 40) Recruitment and Assessment Area of impact Positive/ Where to find more information Literature can promote positive images of age Positive Requirements for years experience may discriminate against younger people Requirements for qualifications may discriminate against older people. Older people may be more likely to have gained skills through experience Exclusive use of NHS jobs could exclude older applicants Fitness assessments may impose more onerous requirements on older applicants Wording of adverts may indirectly discriminate e.g. words like dynamic are often associated with the young Medical standards, if not justified for the role, may discriminate against older applicants Research NHS Employers Age Concern NHS Employers Surveys of internet use. Case Law Good Practice Guidance Medical standards Document: Equality Impact Assessment Toolkit Page 23 of 26 Author: Lisa Ward

24 Activity : Gender (Page 42) PES Assessment and Treatment Areas of Impact Positive/ Possible Sources of information Health inequalities between genders may not be reflected in protocols or training leading to poor assessment Staff reacting inappropriately to transgender/transsexual patients causing distress Mens Health forum DoH Dignity issues arising from treatment by different sex clinicians, particularly RRVs Access to services may be different between genders e.g. research shows men do not access primary care so are they more likely to present with acute symptoms Research Mens Health Forum Monitoring? Harassment and Bullying Procedures Areas of impact Positive/negative Where to find more information Gender make up of investigation teams may make access to the process more difficult e.g. all male team investigating a complaint by a woman Monitoring Staff feedback Inappropriate assumptions made on the basis of stereotypes e.g. assumptions about the reaction of victims Staff feedback Document: Equality Impact Assessment Toolkit Page 24 of 26 Author: Lisa Ward

25 Access to procedures may indicate lack of faith in process from one gender Monitoring Document: Equality Impact Assessment Toolkit Page 25 of 26 Author: Lisa Ward

26 Activity : Sexual Orientation (Page 45) Special Leave Area of Impact Positive/ Where to find more information Policies may not reflect civil partnerships e.g. bereavement leave Staff networks Stonewall Staff who are not out may not be able to access some special leave leading to higher sickness levels e.g. carers leave Staff networks Stonewall With the absence of monitoring in this area it may be difficult to gather data on this area. PES Treatment and Assessment Area of Impact Positive/ Where to find more information Failure to take account of civil partnerships in discussing treatment Complaints Staff experiences Stonewall Patients may not feel comfortable discussing their sexual orientation, even though it may impact on assessment Health inequalities may not be adequately addressed in training, thereby impacting on assessment DoH research Stonewall DoH research Stonewall Document: Equality Impact Assessment Toolkit Page 26 of 26 Author: Lisa Ward