FOUNDATION TRUST BOARD - 30 SEPTEMBER 2015 DEVELOPING A DIVERSE WORKFORCE

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1 FOUNDATION TRUST BOARD - 30 SEPTEMBER 2015 DEVELOPING A DIVERSE WORKFORCE I Situation At the June Board meeting a paper was presented on developing a diverse workforce and the Workforce Race Equality Standard (WRES). It was agreed after discussion that a more detailed action plan should be developed which was contextualised within the wider equality landscape. This paper has been developed to address this requirement. Northamptonshire Healthcare NHS Foundation Trust (NHFT) is committed to making sure equality and diversity are a priority in respect of our workforce and organisational development. It is recognised that as pressures on healthcare services rise, making best use of the diverse talents and experiences of our workforce is essential; and this must involve treating all staff fairly, both in making the best use of the existing workforce, and when recruiting and developing new staff. This is a challenge requiring Board commitment and leadership within NHFT. There is national legal context to Equality, as set out within the Equality Act In addition, NHS England has promoted Equality Delivery System 2 as a tool to deliver our equality legal obligations. They also introduced the WRES into NHS contracts from 1 April 2015 for all providers, requiring us to publish our workforce race equality information against their matrix. Background To inform this overall debate this paper describes the national context across the 9 protected characteristics that are described in the Equality Act 2010 and sets out NHFT s current challenges and approach. It also describes in more detail the legal and national requirements that the Trust needs to respond to. The main requirements the trust has to adhere to are set out in; The Equality Act 2010 and the Public Sector Equality Duty (PSED) New mandatory performance measures within the NHS set out the obligations outlined in the NHS Equality Delivery System 2 (EDS2) and compliance with NHS Workplace Race Equality Standard. The impact of our obligations means that there will be greater scrutiny over the Trust s equality performance and published workforce equality data. Therefore there is both a business need and moral obligation to actively address potential discrimination to ensure that the Trust has an inclusive and fair culture. This in turn will help us attract, recruit and retain the best talent to meet the needs of the communities we serve. Under the terms of the Equality Act 2010, as a public body the Trust is expected to pay due regard to the following aims in the conduct of its business and as an employer to: Page 1 of 4

2 General Duty a. eliminate discrimination, harassment and victimisation and other conduct prohibited by the Act; b. advance equality of opportunity between people who share a relevant protected characteristic and others; c. foster good relations between people who share a relevant protected characteristic and others. Specific Duty a. to publish Equality information annually by 31 January b. to publish Equality objectives (every 4 years) c. ensure information is accessible by the public The implications of the Equality Act 2010 particularly in relation to our workforce and the Trust s HR and OD plans are; The due regard element of the legislation requires that the organisation takes proportional and relevant action towards the quality duty. This means being able to demonstrate that all operational elements of HR employee relations, employment advice and support, strategic HR planning, recruitment and retention, pay and rewards, workforce planning and talent management is systematically and routinely analysed with an equality lens. The law also bans the unfair treatment of employees based on their protected characteristics (i.e. on the grounds of age, disability, race, sex, gender reassignment, marriage and civil partnership, religion or belief, sexual orientation and pregnancy and maternity) and helps achieve equal opportunities in the workplace and in wider society. This includes actively tackling negative behaviours, such as bullying and harassment related to a protected characteristic. The legal expectation is that HR decisions and planning is informed by workforce equality data and the data is organisationally understood. This means that the HR and OD function needs to assess the diversity of our workforce and undertake procedures to address discrimination and that this is reported in HR and OD governance frameworks and committees. Plans have been developed collaboratively between the HR and OD teams and the Equality and Inclusion (E&I) team, E&I Staff Networks our diverse community stakeholders to support our approach to compliance and our ambitions. In terms of the overall response to these duties, the Trust adheres to the PSED and publishes an annual Equality Information Report. This report includes information regarding demographic profile of our population, service users and workforce. Moving forward, in order to comply fully with the new NHS mandatory regulations, the Trust will be building a more robust body of evidence across the four goals of the EDS2 to improve: Goal 1: Better Health Outcomes Goal 2: Improved patient excess and experience Goal 3: A representative and supported workforce Goal 4: Inclusive Leadership Page 2 of 4

3 In addition to the publication of the Equality Information Report by 31 January 2016, the Equality and Inclusion Assurance Board plans to review and refresh our overall equality strategy and the four current Equality objectives. The above provides assurance to the Trust Board that the statutory and national requirements are being appropriately enacted. WRES WRES has been developed as a nationally sanctioned tool to measure improvements in the workforce with respect to Black & Minority Ethnic (BME) staff with many of the methods being able to be equally applied, in terms of the development work, to other protected characteristics. NHFT has implemented the WRES and produced a set of workforce matrix which has been agreed with the BME network. Implementation of the WRES within NHFT has enabled identification of differences between the treatment and experience of White and BME staff. This will in turn, enable the Trust to take necessary remedial action following further analyses on the causes of ethnic disparities; and to compare not only our progress in reducing any gaps in treatment and experience but to make comparisons with similar organisations about the overall level of such progress over time. There have been a number of approaches within the NHS, in past years, to tackle issues of inequality in the workforce; however this is the first time that a set of measurable indicators has been developed to help NHS organisations track progress. The WRES is now mandated as part of the standard NHS Contract 2015/16. As such the Trust will/should be scrutinised in terms of performance by local commissioners. Non-compliance with the WRES would create risks for the organisation in terms of reputation, but more importantly in terms of the wellbeing of the overall workforce The WRES seeks to tackle one particular aspect of equality; the consistently less favourable treatment of the BME workforce; in respect of their treatment and experience, drawing on new research about both the scale and persistence of such disadvantage and the evidence of the close links between discrimination against staff and patient care. Assessment An analysis of the Trusts approach across all 9 characteristics and the response to these areas is described in Annex A and provides further assurance across the key areas where action is required. As described above the Trust is currently responding to all the major requirements in terms of legal and NHS England s expectations. In particular there is a clear need to progress and refresh of the current Equality Strategy and Equality Objectives. The Trust will also be required to complete its equality report for 2015/16. This work is currently being progressed by the Equality and Inclusion Assurance Board. To ensure the Trust is able to further develop its approach to Diversity and Equality for staff, due to our WRES requirement, it is proposed that the issue of race is prioritised as the first area to target progress. Discussions with our BME network and data analysis undertaken across the Trust so far has clearly identified that there are opportunities to improve the experience of BME staff and develop Page 3 of 4

4 our policies to more effectively, and to maximise the opportunities provided by a diverse and engaged workforce. The proposed approach to creating a more inclusive approach for BME staff within the Trust is that a clear action plan should be developed and agreed with all stakeholders. This will be closely monitored and used as a model to progress work in other areas. The proposed action plan to address this area has been developed in conjunction with the BME network and is attached as Annex B. It planned that this approach will form the basis for action plan s focused on other protected characteristics. Initial discussions have been timetabled with the Lesbian, Gay and Transgender Network and also the Disabilities Network as the next areas to focus development. Recommendation The Trust Board is asked to endorse the attached action plan and the strategy to apply this model to other protected characteristics to improve the Trust s overall performance. Paper sponsored by Chris Oakes, Director of HR & OD Paper authored by Chris Oakes, Director of HR & OD Date submitted 23 September 2015 ORR considerations and/or FOMI implications Equality considerations Helps develop culture of equality and inclusion Page 4 of 4

5 Annex A PROTECTED CHARACTERISTICS Protected Characteristic Legal requirement Actions Age Prohibits direct and indirect discrimination, harassment and victimisation because of age. While much of the law on age discrimination mirrors the law on discrimination on the other protected grounds, it is unique in one respect; unlike any other type of direct discrimination, direct age discrimination can be justified where it is shown to be a proportionate means of achieving a legitimate aim Disability Prohibits direct discrimination (which includes discrimination by association and discrimination by perception), indirect discrimination, discrimination arising from disability, discrimination by way of a failure to comply with the duty to make reasonable adjustments, victimisation and harassment. Robust recruitment processes which minimise the opportunity to unlawfully discriminate due to age. Retirement age is uncapped in the organisation and reflected in the appropriate policies/procedures Trust benefits in place are not linked to age e.g. childcare benefits Occupational redundancy entitlements are linked to length of service (not age) and reflected in the appropriate policies/procedures Reasonable adjustments considered on a case by case basis with HR intervention/support. These adjustments may include working hours, attendance requirements and absence procedures, including adjustments that will allow him or her periods of absence from work to attend medical appointments Management training on positively Page 1 of 4

6 Gender reassignment Prohibits direct and indirect discrimination, harassment and victimisation because of gender reassignment and such reassignment does not need to be under medical supervision. Martial status/civil partnership Prohibits direct discrimination, indirect discrimination and victimisation because of the protected characteristic of marriage and civil partnership. This discrimination does not extend to claims based on perception or association. managing absence and employee disabilities Creation and partnership working with the Disability Staff Network Introduction of equality statement to recruitment campaigns which encourages applications from this characteristic Creation and partnership working with the LGBT Staff Network Introduction of equality statement to recruitment campaigns which encourages applications from this characteristic Pregnancy & Maternity Prohibits unfavourable treatment related to the protected characteristic of pregnancy and maternity during the protected period. The requirement for unfavourable treatment as opposed to less favourable treatment removes the need for the complainant to compare the way that she has been treated to the way in which organisational change policy Comprehensive maternity policy and process to support employees through the period of pregnancy and maternity leave, including regular risk assessments, Page 2 of 4

7 anyone else has been treated. Race Prohibits direct discrimination, indirect discrimination, harassment and victimisation because of the protected characteristic of race. Race includes colour; nationality; ethnic or national origins. Religion or belief Prohibits direct discrimination, indirect discrimination, harassment and victimisation because of the protected characteristic of religion or belief. In line with the definition a religion must have a clear structure and belief system. Belief means any religious or philosophical belied, or lack of such belief. time off for antenatal appointments Adjustments considered on a case by case basis with HR intervention/support. These adjustments may include working hours, attendance requirements and absence procedures Creation and partnership working with the BME Staff Network Introduction of equality statement to recruitment campaigns which encourages applications from under represented groups Sensitive to employees' needs pertaining to their religion at workplace events and training, including dietary, prayer and cultural requirements. Opportunities to accommodate time off for attendance at religious festivals Dress code policy recognises and support requests for exception as they present themselves and with reference to the existing DH guidance based on advice from faith denominations. Page 3 of 4

8 Sex (including equal pay) Prohibits direct discrimination, indirect discrimination, harassment and victimisation because of the protected characteristic of sex. This includes discrimination by association and discrimination by perception. Sexual Orientation Prohibits direct discrimination, indirect discrimination, harassment and victimisation because of the protected characteristic of sexual orientation. This includes discrimination by perception. Introduction of equality statement to recruitment campaigns which encourages applications from this characteristic Dress code policy takes into account appearances rules between men and women. The trust provides equal opportunities for women and men to enable them to participate and reach their full potential in the workplace Creation and partnership working with the LGBT Staff Network Introduction of equality statement to recruitment campaigns which encourages applications from this characteristic NB: We acknowledge that many employees have more than one equality characteristic and that our inclusive approach will ensure that a thematic approach is taken when implementing the above actions. Page 4 of 4

9 Annex B Item A 1a 2a Activity / Work piece RECRUITMENT Audit a sample of recruitment cases to review the decisions made. Produce a revised recruitment & Selection process and policy Details / Outcome to be achieved Nhft WRES reports have indicated white people are 1.45 times more likely to be appointed following shortlisting than BME people, yet both are equally likely to be shortlisted. This audit should focus on the recruitment journey for BME applicants (particularly focussing on the shortlisting/interview stages of process) to enable us to understand and identify any blockers within the system. To ensure it reflects best practice and identifies the areas of improvement mentioned in items 3a, 4a and 5a. Expected date of completion Key actions Responsiility for action Identify group to undertake audits HR / BME network / genera l management representatives Identify a number of posts Audit shortlist and interview processes Develop report and analysis of outcomes Identify outcomes Draft Policy developed Consultation on Policy HR and BME network E & I and HR Trudy Martin / Date achieved Management and staff briefing 3a Produce a summary form to be completed at the end of the interview process outlining the reason for decision for each candidate. To enable the panel to consider and focus their decision making process. This information will be valuable in contributing to more effective audits. Training course for leaders across the Trust HR to develop new form Consultation with BME network and senior managers 4a Recruitment and selection training for managers This should Include an improved recruitment process with clearer feedback. Incorporating items 1a-4a and understanding unconscious bias. Mandatory to all band 7 s and above and Band 6 with leadership aspirations New leadership programme developed for leaders to include recruitment and selection. Recruitment and Selection training package developed to include feedback process to staff Anne Linsell Trudy Martin managers requiring training identified KPI s developed and in place to monitor training delivery

10 5a 6a Standard wording to be included in future recruitment campaigns Delivery of mandatory feedback to internal staff that have been unsuccessful at interview. In particular to ensure BME staff get useful and developmental feedback. Develop new wording to be included in all adverts encouraging BME staff (and other minority staff groups) to apply for Trust positions. Panel chair to give in depth feedback to unsuccessful internal candidates utilising item 3a Wording agreed with BME network and displayed in adverts Briefing to explain requirement for feedback Monitoring process in place HR Team L & D/HR Complete a B 8b Design and deliver conducting interview workshops in consultation with the BME Network CAREER DEVELOPMENT Specific targeted career development for BME staff and others to encourage upward progression. Work proactively to ensure all our career development programmes reflect our workforce profile. Examples have been identified whereby interviews have been conducted with the whole panel writing notes and no one was looking at or engaging with the candidate. Focus to be on engagement with candidates to enable everyone to get the best out of the process. BME staff report a reduced confidence in career development opportunities to that of white staff therefore creation of a career development workshop should be explored. In this first instance this will be targeted at staff who had been unsuccessful at interview. It will cover all staff including BME staff. The development of the programme will involve representatives of the BME network and other networks as facilitators who can deliver this course Workshop to be facilitated with, HR, Network members and key managers to identify ways to improve the process. Outcomes to be integrated into briefing for management teams and to be included in training Identify consultants with a track record in this area and in conjunction develop and commission an appropriate development course. Design a course that can ultimately be delivered in house Commence delivery of the development course Specification designed in partnership with the BME network Anne Linsell Trudy Martin Anne Linsell E & I Department 9b Identify other career development mechanisms such as career coaching and role model mentoring to offer to staff Identify if there is a requirement for additional courses in this area that specifically identify the challenges BME staff and potentially staff from the other networks face in interviews with the aim of identifying development support to address these issues Joint working with the BME network to identify other development areas for BME staff career development Trudy Martin E & I Department

11 C 10c ORGANISATIONAL CHANGE Audit a sample of BME staff who have exited the Trust to understand any disproportionate and adverse impact. Feedback on the recent round of redundancies that has raised a concern that it disproportionately affected senior BME staff Identify group to undertake audits HR / BME network representatives Identify a number of posts Audit redundancy processes and data on staff redundancies Develop report and analysis of outcomes D 11d EMPLOYMENT RELATIONS Audit a sample of disciplinary cases to review the decisions and outcomes throughout the process, Analyse disciplinaries using information kept by HR and information from Datix to help understand data on incidents and formal reporting. Data shows that BME staff are 4.37 times more likely to be subject to formal disciplinary procedures when compared with White staff (based on a rolling two year average of closed cases). Further analysis is needed to look at populations of different staff groups and identify that processes are being applied fairly and, where not, taking steps to mitigate inequity. 11d Audit a sample of grievances The same approach used to analyse disciplinaries will be employed Identify group to undertake audits HR / BME network representatives Identify a number of posts Audit disciplinary and capability processes Develop report and analysis of outcomes Identify group to undertake audits HR / BME network representatives Identify a number of posts Audit grievance and capability processes Develop report and analysis of outcomes Trudy Martin Liz O Leary Trudy Martin Liz O Leary 12d Develop disciplinary training programme Develop programme to support band 7 s and above and Band 6 with leadership aspirations to focus on developing their skills to manage disciplinary issues. A particular focus will be to develop the ability to deal with issues at the earliest point and conscious and unconscious bias and cultural awareness New leadership / management programme developed for leaders to include training and development on management of disciplinary issues. Training package on management of disciplinary issues developed Liz O Leary E & I Department

12 Managers requiring training identified KPI s developed and in place to monitor training delivery 13d Review processes for identifying and addressing Bullying, Harassment and Discrimination BME staff report more negative experiences of bullying, harassment and discrimination than that of White staff. A particular focus will be to develop the ability to deal with issues at the earliest point conscious and unconscious bias awareness and cultural awareness. Identify group to undertake audits HR / BME network representatives Identify a number of posts Audit Bullying, Harassment and Discrimination processes HR E & I Department Develop report and analysis of outcomes E 14e DATA AND INFORMATION Develop and agree a standardised workforce metric to be considered by the Equality and Inclusion Assurance Board and the Performance Committee Data is important to validate suggested courses of action and to also maintain appropriate governance e over projects Analyse and identify gaps in the current workforce metrics and dashboard as regards race and ethnicity, wider demographic profiles Appropriate HR metrics developed