Equality & Diversity Policy Version number 3.0

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1 Equality & Diversity Policy Version number 3.0 Lead executive Name / title of author: Janet Wilkinson, Director of HR & OD Juliette Tait, Employee Relations Lead Date reviewed: Target audience: Policy Summary: 09/03/2015 Date ratified: 19/08/2015 Ratifying Committee: Workforce & Education Committee This policy applies to all staff including temporary staff, contracted staff, volunteers, and employees of University Hospital of South Manchester NHS Foundation Trust, students or employees or other external organisations that provide services to the Trust. The Equality & Diversity Policy sets out UHSM s commitment to Equality & Diversity. Equality Impact Statement: Training impact and plan summary: University Hospital of South Manchester NHS Foundation Trust ( UHSM ) strives to ensure equality of opportunity for all service users, local people and the workforce. As an employer and a provider of health care, UHSM aims to ensure that none are placed at a disadvantage as a result of its policies and procedures. This document has therefore had an initial assessment, in accordance with the equality impact proforma incorporated in the Checklist for Review and Ratification of UHSM-wide Documents, to ensure fairness and consistency for all those covered by it regardless of their individuality. This initial impact assessment indicated that the potential discriminatory impact is low and therefore a full assessment is not necessary. There is no specific training requirement for this policy, however, Equality & Diversity training forms part of our Trust s mandatory training offer and enhanced training in Equality and Diversity is delivered as part of the Trust s LEAD programme. Outline plan for dissemination: Dissemination lead: name / title / ext n o Intranet, Weekly Update. Emma Carter, HR Advisory Team Manager, x2324 This version n o 3.0 Date published: 27/08/2015 1

2 Version Control Schedule Version number Issue Date Revisions from previous issue Date of ratification by Committee V1 V2 July 2009 V3 March 2015 Full review and refresh 19/08/2015 Summary of consultation process Control arrangements Document Control Consultation of this policy has been undertaken directly with Joint Union Committee Colleagues and members of the Equality, Diversity and Human Rights Steering Group. Further Trust wide consultation was undertaken between 13 th July 2015 and 31 st July This policy will be reviewed every 3 years, however, should there be changes in the legislation to Equality, Diversity and Human Rights or a change to governance arrangements then it may be reviewed earlier. Associated Dignity at Work Policy documents Disciplinary Policy Grievance Policy Mandatory Training Policy Raising Concerns at Work (Whistleblowing) Policy References The NHS Constitution for England, 26 March 2013 Process for monitoring Responsible individual / group/ committee Frequency of monitoring Role responsible for preparation / approval of report and action plan Committee responsible for review of results / approval of action plan Individual / group / committee that is responsible for monitoring of action plan Document Compliance Monitoring Arrangements 1. Results from the annual staff survey. 2. Monitoring of Workforce Statistics 3. Monitoring of progress against the Equality Diversity System. 4. Equality & Diversity Training Compliance 5. Employee Relations Statistic Equality, Diversity & Human Rights Steering Group Annual Senior HR Advisor Equality, Diversity & Human Rights Steering Group Operational Board 2

3 Contents Section Page 1 Introduction and purpose 4 2 Policy statement 4 3 Scope and exclusions 4 4 Definitions 5 5 Processes to support delivering equality & diversity in the workplace Making a complaint relating to equality & diversity Learning and development Legal liability 6 6 Duties and responsibilities of key relevant groups and individuals 7 Appendices 1 UHSM Equality & Diversity Objectives 8 3

4 1 Introduction and purpose 1.1 The NHS constitution outlines seven key principles to guide the NHS in all it does. They are underpinned by six core NHS values:- Working together for patients Respect and Dignity Commitment to quality of care Compassion Improving lives Everyone counts 1.2 The right not to be unlawfully discriminated against is explicit within the NHS Constitution and this policy outlines the Trust commitment managing the performance of the organisation in relation to equality and diversity. 2 Policy Statement 2.1 University Hospital of South Manchester NHS Foundation Trust recognises that everyone is different and has something unique to offer. The Trust respects these differences and works to support and harness individual talents. 2.2 The Trust will not tolerate discrimination under any circumstances and particularly because of a protected characteristic; these are race, age, sex, disability, religion or belief (or no belief), pregnancy or maternity, civil partnership or marriage, gender re-assignment and sexual orientation. 2.3 The Trust will not tolerate bullying and harassment under any circumstances and particularly on the grounds of a protected characteristic. A separate Dignity at Work Policy is in place outlining how the Trust will manage alleged occurrences of bullying and harassment. 2.4 The Trust is fully committed to adherence to the Equality Act 2010 and undertaking action under the Public Sector Equality Duties, as defined within the Act. The Equality Act 2010 replaces the majority of previous discrimination legislation. The Trust has developed Equality Objectives (see Appendix 1) to support and promote equality and diversity throughout the organisation. 2.5 The Trust will engage with staff organisations and external organisations representing different groups, to identify needs and make improvements to more effectively deliver the Equality Objectives and enhance equality and diversity practice. 2.6 The Trust recognises that by improving performance in equality and diversity for the workforce, will improve the patient experience through the individual care they receive. 3 Scope and exclusions 3.1 This policy applies to all employees; third party contractors; interim staff; voluntary workers; students; locums; holders of honorary, observer, research or fixed term contracts and agency staff. There are no exceptions. 3.2 The policy is applicable to all employees whilst at work or on work premises, all applicants for Trust positions and leavers from the Trust. The policy also applies outside work where the activity or situation can be associated with work e.g. team social events, social networking. 4

5 4 Definitions 4.1 The Equality Act 2010 is the law which bans unfair treatment and helps achieve equal opportunities in the workplace and in wider society. 4.2 Human Rights Legislation consists of the Human Rights Act 1998 which gives further legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights. 4.3 The NHS Constitution establishes the principles and values of the NHS in England. 4.4 Equality is the framework that enables opportunity, access, participation and contribution that is fair and inclusive. 4.5 Diversity is the acknowledgement and respect of differences within and between groups of people. From that acknowledgement and respect, improvements to services and employment arrangements may be identified and implemented. 4.6 Discrimination is defined within the Equality Act 2010 under 5 main headings: Direct discrimination - less favourable treatment because of a person s protected characteristic Indirect discrimination - when a provision, criterion or practice is applied in a way that creates disproportionate disadvantage for a person, or group, with a protected characteristic Perceptive discrimination - when someone is discriminated against because others think they have a protected characteristic Associative discrimination - when a person is discriminated against because they are associated with another person who has a protected characteristic Victimisation - a person is victimised if they are punished or treated unfairly because they have made a complaint, are believed to have made a complaint, or have supported someone who has made a complaint. 4.7 Protected characteristics are defined within the Equality Act 2010 as:- age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 4.8 Public Sector Equality Duty (PSED) is a responsibility on all organisations that deliver on public services, to exercise this in order to fulfil their obligations under the Equality Act. 4.9 Equality Diversity System (EDS) is a national framework to help organisations deliver on the Equality Act. 5 Processes to support delivering Equality and Diversity in the Workplace 5.1 Making a Complaint relating to Equality or Diversity There are a number of ways in which a member of staff may wish to make a complaint regarding treatment of them or observed treatment of a colleague or service user Where the member of staff, either as a perceived victim or witness, feels it appropriate to do so they may wish to informally raise the matter directly with the perpetrator. Informal 5

6 action is not considered sufficiently appropriate for behaviour which could be viewed as racist, homophobic, sexist or derogatory in any nature towards any member of staff or service user relating to a protected characteristic Where the behaviour is deemed serious the member of staff must report the behaviour to their line manager. Dependent on the nature of the complaint the policy in which it is handled will be defined upon receipt of a complaint Where the complaint is relating to the treatment of a member of staff which has led to them feeling bullied or harassed the matter will be dealt with under the Trust Dignity at Work Policy Where the complaint is relating to the unfair application of a policy, procedure or management decision the matter will be dealt with under the Grievance Procedure Where a concern is raised about an issue relating to equality or human rights which harms, or creates a risk of harm, to people who use the service, colleagues or wider public the matter will be dealt with under the Raising Concerns at Work (Whistleblowing) Policy Where the complaint is so serious Trust management reserve the right to investigate and deal with the matter under the Disciplinary Policy Where the complaint is in relation to other workers/contractors, the Trust may terminate the assignment, placement, secondment or honorary arrangement or commercial contract. 5.2 Learning and Development The Trust will provide on-line training for all staff in relation to Equality and Diversity. This training is a mandatory requirement which all staff must complete on a 3 yearly basis. Where staff are identified, or identify themselves, that they require further development in Equality & Diversity this will be explored in discussion with the member of staff and their line manager. Advice can be sought from the Learning and Development Team Individual compliance will be monitored on an annual basis via the Appraisal discussion. Continued non compliance and failure to complete equality and diversity training may be dealt with under the Trust s Disciplinary Process Compliance will be monitored at a strategic level by the Workforce and Education Committee. 5.3 Legal Liability The Trust as an employer may be liable for any act of unlawful discrimination committed by its staff during the course of their employment, unless it can be provide that all reasonable and practicable steps have been taken to prevent such an act from occurring. 6

7 6. Duties related to the implementation of this policy 6.1 Trust Board The Trust Board has overall responsibility for the performance of the Trust with regard to equality and diversity. The Trust is required to record, monitor, analyse and report on equality data and statistics. Under the Public Sector Equality Duty the Trust is required to publish certain equality and diversity information including the Trust s Equality Objectives. 6.2 Executive Director of Human Resources and Organisational Development The Director of HR & OD has executive responsibility, on behalf of the Chief Executive, for the performance, development and delivery against the Equality and Diversity objectives as defined in Appendix One. 6.3 Equality, Diversity and Human Rights Steering Group (EDHR) The EDHR Group will monitor the Trust s compliance against its objectives at an operational level. The group will be chaired by the Director of HR & OD and will report into the Operational Board. 6.4 Managers Managers will:- Lead by example, ensuring they are positive role models for staff. Ensure that any allegations of discriminatory behaviour or practice are properly investigated and not brushed under the carpet. Ensure that they are familiar with and act in accordance with equality legislation, policies and procedures the implement and promote equality and diversity with the Trust. Ensure that members of staff are given adequate time and support to complete relevant training in relation to equality and diversity. Ensure they act fairly in the application of employment policies while taking account of individual differences. Ensure that they are accessible for staff to be able to report concerns or escalate complaints. 6.5 Staff Staff will:- Treat everyone with dignity and respect; recognising and valuing individual skills and contributions, Be responsible for their own behaviour and expected to be aware of the potential impact of their behaviour on other people, both in work and when coming in contact with colleagues out of work, e.g. social events and social media. Ensure they have a basic understanding of equality and diversity by undertaking any relevant training. Report any observed derogatory behaviours which are not in keeping with the principles within this policy. 7

8 Appendix 1 Our Commitment to Equality & Diversity Equality and diversity are at the heart of everything UHSM do. We are committed to delivering equality of opportunity for all our staff and service users. Our aim is to ensure that everyone can use our services and staff and patients are treated fairly and with dignity and respect at all times. The aim is underpinned by our four strategic equality objectives which are:- 1) To develop a workforce that has an increased awareness of equality and diversity issues in the delivery of good quality patient care. 2) To improve our processes for collating, monitoring and usage of our equality data across the nine protected characteristics as defined by the Equality Act for both our patients and workforce. 3) Deliver services that meet the needs of patients and other service users from all sections of the community that the Trust serves. 4) Establish clear governance arrangements to ensure all senior leaders and managers are enabled to contribute to ensuring equality and diversity is embedded in all that we do. UHSM is committed to removing all barriers to disabled patients, visitors, governors, members and employees. 8

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