Equal Opportunities Policy

Transcription

1 Equal Opportunities Policy Version: 4.2 Bodies consulted: Joint Staff Consultative Committee Approved by: PASC Date Approved: Name of originator/ author: Shilpi Sahai, Human Resources Manager/ Angela Haselton, Staff Side Chair Lead Director: Susan Thomas, Director of Human Resources Date issued: Sep 15 Review date: Jan 2020

2 Contents Section Page 1. Introduction 3 2. Purpose 3 3. Scope 3 4. Definitions 4 5. Duties and Responsibilities 5 6. Procedures 8 7. Training Requirements 8 8. Process for Monitoring Compliance with this Policy 9 9. Equality Impact Statement References Associated documents & Appendices 10 Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Statement of Intent Disability Statement of Intent The role of the Staff Advice & Consultation Service Trust Equalities Committee Equality Impact Statement Equality Impact Assessment Form Equal Opportunities Policy, Version 4.2, Sep 15 Page 2 of 20

3 Equal Opportunities Policy 1 Introduction The Trust is committed to promoting equal opportunities and to ensure that a review of its employment policies, procedures and practices is undertaken on a regular basis to ensure that all users and providers of its services are treated fairly. This policy sets out the way in which the trust will seek to meet its legal obligations with respect to the legislation and best practice principles. 2 Purpose The purpose of this policy is to set out the principles and practices that the Trust will adopt to meet with its legal obligations and its commitment to treat job applicants and staff fairly. 3 Scope This policy applies to all staff in the Trust and managerial staff involved in any aspect of recruitment and selection. We aim to promote a productive and harmonious working environment where staff are valued, everybody is treated with respect and dignity and in which no form of intimidation or harassment will be tolerated. The Trust has set out two specific statements of intent in relation to equality: 1. The Equal Opportunities Statement (Appendix 1) 2. The Equality Opportunities Statement on Disabilities (Appendix 2) Both statements are made available to all staff and potential employees. It is published on the trust intranet and website. This policy will ensure that the recruitment and promotion of people is based solely on their ability and that an environment is created in which all staff are confident of fair access to opportunities. The following strands underpin the policy: Recruitment and Selection by introducing objective selection criteria, it is Equal Opportunities Policy, Version 4.1, Sep 2012 Page 3 of 20

4 the aim to recruit people with relevant skills set into the Trust. Applicants are asked (on a voluntary basis) to provide relevant information to enable us to monitor the effectiveness of our policy. The information supplied will be treated in the strictest confidence and will, at all times, be kept separate from the application form and will not form part of the recruitment procedure, except to provide statistical information for the sole purpose of monitoring the effectiveness of the Trust's Equal Opportunities Policy. In accordance with the Data Protection Act, applicants will have the right to feedback and to access any document held on them. Learning/training, Promotion and Career Development by access to Learning/training and internal promotion procedures, the Trust will support and utilise the talents of all its employees. Work/Life Balance Policies The Trust recognises that employees need to be able to balance work and personal life responsibilities and may need to work flexibly. Discipline and Grievances all discipline and grievances issues will be dealt with equally, promptly and fairly and comply with the relevant policies. Policies and Procedures - The Trust aims to develop positive policies and procedures that promote equality of opportunity in employment and to attract a high quality of candidates for posts. All Policies and Procedures, which impact on employees, will be checked through the Equality Impact Assessment process to ensure they are free from discrimination, and promote equality 4 Definitions For the purposes of this policy, definition of the nine protected characteristics under the Equalities Act 2010 as provided by the Equality and Human Rights Commission are: Age Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g year olds). Disability A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. Equal Opportunities Policy, Version 4.2, Sep 15 Page 4 of 20

5 Gender reassignment The process of transitioning from one gender to another. Marriage and civil partnership Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters. Pregnancy and maternity Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding. Race Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins. Religion and belief Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition. Sex A man or a woman. Sexual orientation Whether a person's sexual attraction is towards their own gender, the opposite gender or to both genders. 5 Duties and Responsibilities The Chief Executive The Chief Executive is ultimately responsible for ensuring that the Trust adheres to its duties and responsibilities in relation to promoting equality of opportunity in employment. Equal Opportunities Policy, Version 4.1, Sep 2012 Page 5 of 20

6 Director of HR The Director of HR has a responsibility for: Advising the Chief Executive on effective processes by which equality of opportunity can be maintained and promoted. Monitoring the operation of the policy for employees and prospective employees. Initiating periodic departmental audits. Providing appropriate learning/training for the staff who recruit, select and appraise employees. Responding to allegations of breaches of this policy and associated procedures. Managers Managers are responsible for: Ensuring that they adhere to the principles within this policy in all dealings with staff. Ensuring that grievances arising out of the policy are dealt with consistently. Ensuring that direct and indirect discrimination in relation to disability, gender re-assignment, in addition to age, race, religion or belief, sex, sexual orientation, marriage & civil partnership does not occur. Indirect discrimination may occur when there is a rule, policy or practice that applies to everyone but which particularly disadvantages those who share a particular protected characteristic. Direct discrimination may occur when someone is treated less favourably because of a protected characteristic. Ensuring that Associative Discrimination in relation to age, disability, gender reassignment, and sex does not occur in addition to the continuing protection with respect to race, religion or belief and sexual orientation. Ensuring that discrimination by perception in relation to disability, gender re-assignment and gender does not occur in addition to continuing protection in relation to age, race, religion or belief and sexual orientation. Discrimination by perception is direct discrimination against someone because others think they possess a particular protected characteristic. Equal Opportunities Policy, Version 4.2, Sep 15 Page 6 of 20

7 Ensure that employees are not treated badly and victimized because they have made/ supported a complaint or grievance in relation to the protected characteristics of age, disability, gender reassignment, race, religion or belief, gender, sexual orientation, marriage and civil partnership, pregnancy & maternity. HR Department, Managers and Trade Union Representatives Are responsible for ensuring that they make staff aware of where they can seek support on a range of matters, i.e. Staff Advice and Counselling Service (please refer to Appendix 3). All staff All staff has a responsibility to ensure there is no discrimination and there is a requirement that individual employees at all levels accept personal responsibility for the practical applications of the Equal Opportunities Statement. In particular, each member of staff must: Co-operate with measures that ensure equality of opportunity and nondiscrimination. Not discriminate, e.g., as supervisors or managers or as persons responsible for selection decisions in recruitment, promotion, transfers, learning/training etc. Not incite or attempt to incite other employees to practice discrimination. Not victimise or attempt to victimize individuals on the grounds that they have made complaints or provided information on discrimination. Not harass, abuse, bully or intimidate other employees. Harassment: Inform management about behaviours they find offensive even if it is not directed at them. This is to ensure that harassment in relation to age, disability, gender reassignment, race, religion or belief & sexual orientation, gender does not occur. Inform management if they suspect that discrimination is taking place in the workplace. Inform management if harassment by a third party is suspected in relation to the protected characteristics of age, disability, gender reassignment, race, religion or belief & sexual orientation, or gender. Discuss any concern and seek advice from Human Resources or Trade Equal Opportunities Policy, Version 4.1, Sep 2012 Page 7 of 20

8 Union representatives when unsure how to deal with an issue or when support and guidance is required. The Trust will promote, through the provision of training and guidance, the impartial application of all employment policies and procedures, and will take action to deal with all inappropriate behaviour. Appropriate training events will be provided for all employees involved in selection for recruitment or training. Any employee who feels that they have been discriminated against on any of the grounds set out in this policy should initially raise their concerns in accordance with the Grievance or Bullying and Harassment. 6 Procedures The Trust will promote through the provision of training and guidance the impartial application of all employment policies and procedures and will take action to deal with any breach of policies and procedures. Employees who believe that they have suffered any form of discrimination, harassment or victimisation are entitled to raise the matter through the harassment or grievance procedure. All complaints of discrimination will be dealt with seriously, promptly and confidentially. Every effort will be made to ensure that the employees who make complaints will not be victimised. Any complaint of victimisation will be dealt with seriously, promptly and confidentially. Victimisation will result in disciplinary action and may warrant dismissal. Please also refer to section 5 of this policy on Duties and Responsibilities which articulate the practical application of the policy intent. The Patient Advice and Liaison Service (PALS) is available to anyone using Trusts services and will try to help with any enquiry or complaint. 7 Training Requirements 1. The Trust will reflect the commitment to equal opportunities through equality of access to training and career development opportunities in accordance with the Staff Training Policy. 2. Training programmes will be designed to support the aims of this Policy. Every effort will be made to select external courses which also meet these requirements. Equal Opportunities Policy, Version 4.2, Sep 15 Page 8 of 20

9 3. Training opportunities will be based upon a member of staff's availability, business needs, and the availability of appropriate work related courses. 4. All new staff will receive Induction training. 5. All staff will be appraised annually and this will involve a discussion to identify available and appropriate training opportunities. 8 Process for Monitoring Compliance with the Policy The policy will be monitored in the following ways: 1. The Human Resources Department will maintain records of employees and applicants in order to monitor the progress of equality of opportunity within the Trust. 2. These records will detail appropriate information to enable accurate and meaningful equal opportunities analysis to be carried out at regular intervals. 3. An analysis shall be submitted to the Management Committee and the Board of Directors, as part of the regular HR report. 4. The Director of HR will alert the Management Committee and other interested parties should the Trust be challenged in respect of the application of this policy. 5. The Trusts Equalities Committee which is accountable to the Management Committee is responsible for leading, coordinating and monitoring the Trusts actions in areas of Equality & Diversity. Please refer to Appendix 4 for further details. 9 Equality Impact Statement This policy has been screened using the Trust's Equality Impact Tool and has been found not to discriminate against any group of persons. The EQIA assessment is shown at Appendix References This policy will be implemented in accordance with the appropriate statutory requirements and in addition full account will be taken of all available guidance, in particular the Equality & Human Rights Commission Codes of Practice, the Equal Opportunities Commission Code, and other NHS statutory bodies and Department of Health guidance. It also embraces recent legislation as follows: Equal Opportunities Policy, Version 4.1, Sep 2012 Page 9 of 20

10 Equalities Act 2010 Data Protection Act, 1988 Disability Discrimination Act, 1995 ( as amended) Human Rights Act, 1998 Health and Safety at Work Act, 1974 Health & Safety at Work Regulations,1999 Protection from Harassment Act,1997 Civil Partnership Act, 2004 Public Interest Disclosure Act (Whistle Blowing),1998 ACAS Bullying and Harassment at Work: guidance for employees (advice leaflet) ( NHS Employers ( ACAS Guide, September The equality Act what is new for the Employers equality-act-guidance/protected-characteristics-definitions/ 11 Associated Documents All of the Trusts Employment Policies including: Trusts Recruitment and Selection Policy Trusts Harassment & Bullying Policy Staff Training Policy Equal Opportunities Policy, Version 4.2, Sep 15 Page 10 of 20

11 Trusts Grievance Policy Trusts Flexible Working Policy Trusts Redundancy and Redeployment Policy Trusts Retirement Policy and Procedure Trusts Sickness Policy and Rehabilitation Procedure Trusts Capability Procedure Equal Opportunities Policy, Version 4.1, Sep 2012 Page 11 of 20

12 Appendix A: Equal Opportunities Statement of Intent The Tavistock & Portman NHS Foundation Trust is an equal opportunities employer. It is the policy of the Trust to ensure that no user of the service, past, present or future employee or job applicant receives less favourable treatment on the grounds of their age, Disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, gender, sexual orientation and in line with the Trusts Equal Opportunities policy. The Trust commits itself to take action necessary to remove discrimination on the grounds of age, Disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, gender, sexual orientation in all its operations, as well as being committed to taking positive action to promote equal opportunities to all disadvantaged groups. The Trust will ensure that no present, or future job applicant or employee is placed at a disadvantage by requirements, conditions, provisions, criteria or practices which have a disproportionately adverse effect on their age, Disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, gender, sexual orientation, which cannot be shown to be justifiable on other grounds. The information gathered from past employees will be used to address any reasonable concerns and ensure compliance with the equal opportunities policy. Job applicants and current staff applying for a higher banded post will be assessed solely on their skills, knowledge and capability for the role based on a fair and equitable interview process. The Trust will be committed to the Equal Opportunities Policy and the achievement of its aim and will allocate resources within financial limitations. Equal Opportunities Policy, Version 4.1, Sep 2012 Page 12 of 20

13 The Chief Executive will have overall responsibility for implementation of the policy although it is accepted that for day to day purposes, this responsibility rests with Chairs, Heads of Disciplines, Directors and Line managers. This policy will be implemented in accordance with the appropriate statutory requirements and in addition full account will be taken of all available guidance, in particular the Equalities & Human Right Commission Codes of practice, Equal Opportunities Commission Statutory Code of practice and other NHS and Department of Health guidance. It also embraces recent legislation i.e. the Equalities Act Equal Opportunities Policy, Version 4.1, Sep 2012 Page 13 of 20

14 Appendix B: Statement on Disabilities In all aspects of its work the Tavistock &Portman NHS Foundation Trust is committed to the development of anti-discriminatory practice and the provision of equal opportunities. In accordance with the Disability Discrimination Act and Employment service 'positive about Disabled people' scheme ( often known as the two Ticks scheme), all disabled candidates (i.e. all those who answer 'yes' to the disability question on the Equal Opportunities section of the application pack ) must be short listed if they meet the minimum (i.e. essential ) requirements for the post. The following facilities are available to assist staff or visitors with disabilities at the Tavistock Centre:- automatic entry system ramps open swing doors disabled toilet (ground floor) low-level reception counter portable induction loop public telephone Anyone who has suggestions to improve these facilities, encounters difficulties, or requires additional assistance should in the first instance contact the Health & Safety Manger, who can be located in Room 336 on the 3 rd floor. * The definition of 'disability under the Equality Act 2010 In the Act, a person has a disability if: They have a physical or mental impairment. Equal Opportunities Policy, Version 4.1, Sep 2012 Page 14 of 20

15 The impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities. For the purposes of the Act, these words have the following meanings: 'Substantial' means more than minor or trivial. 'Long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions). 'Normal day-to-day activities' include everyday things like eating, washing, walking and going shopping. This form is available in alternative formats if required. Please contact Human Resources through the switchboard on Equal Opportunities Policy, Version 4.1, Sep 2012 Page 15 of 20

16 Appendix C: The Role of the Staff Advice and Consultation Service This service is provided on-site in the Trust by a number of clinical and nonclinical staff. It can be used by employees for any work or non-work related issues which are of concern to them and for which they wish to seek confidential advice or counselling. The service is a self-referral service although a manager, colleague or trade union representative may recommend the service to an employee if appropriate. There is no compulsion to take up such a recommendation. Promotional leaflets can be obtained from Human Resources and departments. Information is also available on the Intranet by following the link from About the Trust and Induction and then the Staff Handbook. Human Resources and trade union representatives may also be contacted for information on the service or for a list of those staff participating as counsellors/advisors. Equal Opportunities Policy, Version 4.1, Sep 2012 Page 16 of 20

17 Appendix D: Trust Equalities Committee 1. Constitution 1.1 The Equalities Committee is responsible to the Management Committee, and reports annually to the Board of Directors. 2. Authority The Committee is authorised by the Management Committee to inquire about anything within its terms of reference. All employees are required to cooperate with any request made by the Committee and to attend if invited. Outsiders with relevant experience may be invited, and legal or professional advice sought if necessary 3. Duties 3.1 The Committee's primary duty is to develop a strategic framework for equality work for the Trust's workforce and in relation to the services it provides. Thereafter the committee takes responsibility for ensuring that management is implementing agreed strategy. Specific duties are detailed below: To lead on gathering relevant, available information, as part of the task of developing the Trust's Equalities Strategy, Equality Objectives and related plans of work. This could relate to contribution to the Annual Plan or to alternative and additional means of publishing information on the Trust's Equalities work, and achievements The Committee will develop plans for work and action plans and monitor progress to ensure achievement of Equalities Objectives It is a requirement where possible to incorporate equalities work into the usual business planning and everyday work of the Trust The Trust must consult with internal stakeholders, service users and external groups in order to take into account a broad range of views in developing priorities for the strategy and its Equal Opportunities Policy, Version 4.1, Sep 2012 Page 17 of 20

18 implementation, as required by the Equalities Act The Committee should take advice from committee members and others with expertise, internally and externally on aspects of the Equalities Strategy, on best practice and it should work in compliance with legal requirements The Committee should highlight areas of poor performance and require the development of realistic and achievable action plans for improvement The Committee will ensure that the Trust's Central Directorates and the SAMHS and CAMHS directorates are aware of the Equality Act, the general and specific Equality Duties and the Trust's agreed Equality Objectives in order that these can guide local decision- making and reporting requirements The Committee is authorised to commission investigations on specific areas of equality and to request specific service lines and directorates to undertake agreed equality initiatives, for services and staff training and development, and to report on progress with agreed timescales The Committee will ensure that the Trust is in position to comply with any mandatory equalities requirements using existing structures wherever possible in relation to governance, quality, audit, complaints and regular reports from service lines, human resources and other central directorates. For this purpose the Chair shall receive copies of any reports which include equality strategy or performance against objectives. Equal Opportunities Policy, Version 4.1, Sep 2012 Page 18 of 20

19 Appendix E: Equality Impact Assessment Form 1. Name of policy, function or service development being assessed: Equal Opportunity Policy 2. Name of person carrying out the assessment: Shilpi Sahai, Human Resources Manager 3. Please describe the purpose of the policy, function or service development: To ensure that no job applicant or employee is discriminated against whether directly or indirectly on the grounds of sex, disablement, age, race, colour, creed, nationality, ethnic/national origins, sexual orientation or social. 4. Does this policy, function or service development impact on patients, staff and/or the public? YES Staff, patients and the public 5. Is there any reason to believe that the policy, function or service development could have an adverse impact on a particular group or groups? NO In setting out each stage of the procedure to be followed when recruiting and selecting staff, this document takes account of both good practice and legal obligations. Recruitment to posts in the Trust will always take place using objective criteria, and recruiters are encouraged to utilise positive action recruitment measures to address under-representation, where appropriate. Likewise employees will not be discriminated against on the grounds of protected Characteristics as envisaged in this policy. 6. If you answered YES in section 5, how have you reached that conclusion? (Please refer to the information you collected e.g. relevant research and reports, local monitoring data, results of consultations exercises, demographic data, professional knowledge and experience). Not applicable Equal Opportunities Policy, Version 4.1, Sep 2012 Page 19 of 20

20 7. Based on the initial screening process, now rate the level of impact on equality groups of the policy, function or service development: Negative/Adverse impact LOW - YES (i.e. minimal risk of having or does not have negative impact on equality) Positive impact HIGH YES (i.e. highly likely to promote, or clearly does promote equality of opportunity) The positive impact on equality of opportunity is likely to be high, although this will need to be checked at regular intervals with reference to recruitment equal opportunities monitoring information. Date completed: August 2015 Name: Shilpi Sahai Job Title: Human Resources Manager Equal Opportunities Policy, Version 4.1, Sep 2012 Page 20 of 20