Equality Delivery Scheme (EDS) Employee Engagement

Transcription

1 Equality Delivery Scheme (EDS) Employee Engagement Emily Saad, HR Consultant, (Version 1 - June 2013) V1 Royal National Hospital for Rheumatic Diseases NHS Foundation Trust, Upper Borough Walls, Bath, BA1 1RL Should you wish for this data to be provided in a different format, please contact the PALS office ext. 424/292

2 Contents INTRODUCTION... 3 Aims... 3 EDS Scheme... 3 Introduction to the organisation... 3 LEGISLATION & TRUST OBLIGATIONS... 4 METHODOLOGY... 5 EDS Goals... 5 Rag rating... 5 EVALUATION OF 2012/13 IDENTIFIED GOAL... 6 ASSESSMENT & IDENTIFIED THEMES FOR 2013/14 GOAL... 6 CONCLUSIONS & RECONMENDATIONS... 7 Identified Themes... 7 REFERENCE & BIBLIOGRAPHY... 8 APPENDICIES...10 appendix 1 Employee Questionnaire Analysis...10 appendix 2 Recruitment Audit...11 appendix 3 Training application Audit...13 appendix 4 Manager Equality & Diversity Training Reports...15 appendix 5 RNHRD RAG Rating...16 appendix 6 Training Application Form & Criteria...19

3 INTRODUCTION The Public Sector Equality Duty 2011 enforces that all public sector organisations openly publish equality and diversity statistics and establish and publish Equality Aims and objectives as part of the Equality Delivery System (EDS). The RNHRD NHS Foundation Trust recognises that we are a diverse society, and respect and value the differences in all we do as it enables us to serve people from all sections of society. This is reflected within the Trust s values which have enabled Equality and Diversity aims to be established and processes reviewed annually in line with the Trusts Equality Delivery System (EDS). AIMS The aims and requirements for this duty require the RNHRD NHS FT to: Publish information to demonstrate compliance with the general duty and review annually Publish data on the workforce and review annually Publish data on those affected by the hospital s policies and procedures and review annually Publish one or more equality objectives EDS SCHEME The EDS is designed to support NHS organisations deliver better outcomes for patients and communities and better working environments for its employees. It is a tool to help the Trust start the analysis that is required by the Equality Act The EDS is used to review equality performance, it assists in gathering evidence and allows evaluation of work in accordance with the requirements of public law INTRODUCTION TO THE ORGANISATION The Royal National Hospital for Rheumatic Diseases (RNHRD) NHS Foundation Trust is a specialist hospital in the centre of Bath with an international reputation for research and expertise in rheumatology, chronic fatigue and pain management. It also provides diagnostic, endoscopy and clinical measurement services. The Trust provides patient-centred services, where each patient has the best support for their care and rehabilitation, and work as partners with patients and their carers to support them in the management of their condition. With around 350 employees the hospital is unique in being the smallest acute specialist trust in England providing services at a national level. Anyone is able to choose to go to the hospital for treatment regardless of where they live if clinical need suggests our services are the most appropriate.

4 LEGISLATION & TRUST OBLIGATIONS The Equality Act came into force from October 2010 providing a modern, single legal framework with clear, streamlined law to more effectively tackle disadvantage and discrimination. On 5 April 2011, the public sector equality duty came into force under the Equality Act The equality duty consists of a general equality duty, with three main aims (set out in section 149 of the Equality Act 2010) and specific duties (to be set out in regulations). The race equality duty was designed to shift the onus from individuals to organisations, placing for the first time an obligation on public authorities to positively promote equality, not merely to avoid discrimination. (Equality & Human Rights Commission) As a result the RNHRD NHS FT must evidence and report how they will have due regard to: Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010 Advance equality of opportunity between people who share a protected characteristic and people who do not share it Foster good relations between people who share a protected characteristic and people who do not share it. The 9 Protected characteristics defined by the Equality Act 2010 are: Age Sexual Orientation Disability Religion & Belief Gender (Sex) Race Gender Reassignment Pregnancy & Maternity Marriange & Civil Partnership

5 METHODOLOGY The primary purpose of the EDS is to create a conversation between organisations and their local interests. As a NHS Foundation Trust we prioritised conversations with Employees, Governors and Members. EDS GOALS The EDS comprises of 18 outcomes grouped around four goals. At the heart of the EDS are a set of 18 outcomes grouped into four goals. These outcomes focus on the issues of most concern to patients, carers, communities, NHS employees and Boards. It is against these outcomes that performance will be analysed, graded and action plans determined. 1. Better health outcomes for all 3. Empowered, engaged and included employees Four EDS Goals 2. Improved patient access and experience 4. Inclusive leadership at all levels Engagement commenced in 2013 with an assessment of the 201/13 equality & Diversity objectives as well as an assessment of the organisation s performance against each of the 18 outcomes. Input for this assessment was sought using the NHS Staff Survey for our Trust, a Staff Questionnaire, and the Equality & Diversity Workforce report. The conclusion of the analysis recommends specific challenges, and equality objectives highlighted for improvement in relation to associated actions to take forward for 2013/14. RAG RATING To support and facilitate the process, the EDS developed a set of grades to enable the Trust to award and grade each of the 18 outcomes. There are four grades, and a related RAG plus rating, to choose from: 1. Excelling Yellow 2. Achieving - Green 3. Developing Amber 4. Undeveloped - Red Over time, the Trust aims to attain and/or maintain the Excelling grade on all outcomes. The definitions for the grades will not only help the Trust to gauge the current position; it will highlight how progress might be made and encourage continuous improvement The grades are assessed against impact on the protected characteristics/groups defined in the Equality Act,

6 Within the grades descriptions, reference is made to all, most, and some and none/few of the protected characteristics. As a rule of thumb: All means all nine protected groups Most means six to eight protected groups Some means three to five protected groups Few means one or two protected groups. None means no protected groups The Trust will avoid using these definitions too rigidly. If there are nine occurrences in total in a business period for example, nine possible occasions when issues for protected groups can be integrated into mainstream business - then these terms can be defined as follows: Never none out of nine Rarely once or twice out of nine Sometimes three to five times out of nine Usually six to eight times out of nine Always nine times out of nine. EVALUATION OF 2012/13 IDENTIFIED GOAL In 2012/2013 after consultation and assessment the following employee related area was identified for improvement and objectives and actions suggested 4.1 Boards and senior leaders conduct and plan their business so that equality is advanced, and good relations fostered, within their organisations and beyond With a recommendation that Equality & Diversity reporting was to become a part of the quarterly HR report to the executive management group from April Equality & Diversity reporting is now an established agenda item for the quarterly reporting to the Director of Operations & Clinical Practice and is shared with the IGQAC committee and the Executive Management Group (EMG). In addition, the annual equality and diversity workforce report is shared with the Board and EMG group. ASSESSMENT & IDENTIFIED THEMES FOR 2013/14 GOAL As part of our work to meet the equality legislation the trust used various empirical methods of research: Employee Questionnaires (appendix 1 ) NHS Trust Staff Survey Results Equality & Diversity Annual Workforce Report Audits - specific areas highlighted for audit Recruitment (appendix 2) and Training (Appendix 3)

7 Management Training records (appendix 4) The above research fed into the completion of the Trusts Rag rating (appendix 6), and provides the Trust with a tool to focus on specific processes and practices that are currently in place. This was completed by the HR Team during June The following analysis were completed: Goal Factor R A G Y 3. Empowered, engaged and wellsupported employees The NHS should Increase the diversity and quality of the working lives of the paid and nonpaid workforce, supporting all employees to better respond to patients and communities needs 3.1 Recruitment and selection processes are fair, inclusive and transparent so that the workforce becomes as diverse as it can be within all occupations and grades Levels of pay and related terms and conditions are fairly determined for all posts, with employees doing equal work and work rated as of equal value being 3 entitled to equal pay 3.3 Through support, training, personal development and performance appraisal, employees are confident and competent to do their work, so that services are commissioned or provided appropriately 3.4 Employees are free from abuse, harassment, bullying, violence from both patients and their relatives and colleagues, with redress being open and fair to all 3 4. Inclusive leadership at all levels NHS organisations should ensure that equality is everyone s business, and everyone is expected to take an active part, supported by the work of specialist equality leaders and champions 3.5 Flexible working options are made available to all employees consistent with the needs of the service, and the way that people lead their lives. (Flexible working may be a reasonable adjustment for disabled employees or carers.) 3.6 The workforce is supported to remain healthy, with a focus on addressing major health and lifestyle issues that affect individual employees and the wider population 4.1 Boards and senior leaders conduct and plan their business so that equality is 2 advanced, and good relations fostered, within their organisations and beyond 4.2 Middle managers and other line managers support and motivate their employees to work in culturally competent ways within a work environment free from discrimination 4.3 The organisation uses the Competency Framework for Equality and Diversity Leadership to recruit, develop and support strategic leaders to advance equality outcomes CONCLUSIONS & RECOMMENDATIONS The above evidence has prioritised objectives and led to associated actions detailed below. These will be fed into mainstream workforce initiatives and reported and acted on through mainstream business planning. The analysis supported the fact that a process has been identified which could possibly be classed as an age discrimination issue. This led to a Goal (3.3) for improvement and continued focus during 2013/14. IDENTIFIED THEMES Goal 3.3 Through support, training, personal development and performance development and appraisal, employees are confident and competent to do their work, so that services are commissioned or provided appropriately.

8 Conclusion The Training request application and approval process has highlighted that one question used to assess training application may be classified as Age discrimination. Duration of persons continuous Trust Employment The NB2 (note two) processes does not support a fair and equitable assessment process and procedure. NM2: This process will be followed for all training application. However, each application will be judged on a case by case basis and the General Managers reserve the right to agree to approve training outside of these grading if there is a very specific and strong business need Application assessment was identified as not being consistently applied throughout 2012/13 and notes and or comments to justify decisions outside of the scoring assessment have not been evidenced in all cases. Recording of accepted and rejected applications for training showed a few reporting errors. Recommendation It is our recommendation that the assessment process/criteria for training applications are amended to rectify this issue along with a review of the note two processes. Enforcement of the assessment process and evidence should be consistently applied for a fair and equitable process that reduces the risk of a complaint. It is recommended that the reporting of training applications is reviewed and quarterly training application specific equality & Diversity reporting is initiated for EMG and IGQAC to ensure compliance of the above conclusions. REFERENCE & BIBLIOGRAPHY Equality & Human Rights Commission. [Online]. (Accessed on 07/06/2013) Department of Health, NHS Staff Survey Results, RNHRD NHS Trust. [Online]. urvey_2011_rbb_full.pdf (Accessed on 18/06/2013) Saad, et al, Equality & Diversity Annual Workforce Report , (May 2013). [Online]. Available at (Accessed May/June 2013)

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10 APPENDICIES APPENDIX 1 EMPLOYEE QUESTIONNAIRE ANALYSIS Questionnaires were distributed to all employees in May % of employees returned their forms within the deadline and the data was transferred into the table below with all relevant comments. Question Agree Disagree Comments The trust has a recruitment and selection process that is fair, inclusive and transparent Levels of pay and related T&C's are fair in terms of E&D Employees are provided with support, training and Personal development and performance appraisal Training, development and support is fair and equal to all you are free from abuse, harassment, bullying, violence from both patients, relatives you are free from abuse, harassment, I suppose, yes bullying, violence from colleagues Flexible working options are available to all Employees are supported to be healthy mostly, yes Directors & Mgrs. consider E&D when making decisions Directors & Mgrs. communicate their vision to you in regards to E&D Managers support & motivate you to consider E&D no appraisal are behind, from my area yes however as a trust far less is available not encouraged and it appears to be those who shout the loudest get results I personally do, wouldn t say managers support or motivate only in a basic way Trust supports & trains managers to lead on E&D and motivate their team Expired last month, no training available 63 4 Are you up to date with E&D Training until June, was not sure so had to check General Comments hospital is fair and friendly and supportive Total Forms 67 returned, 267 distributed

11 APPENDIX 2 RECRUITMENT AUDIT Introduction This audit has been initiated as part of the recommendations of the Equality & Diversity Annual Workforce Report and will feed into the Trusts Equality Delivery System (EDS) Review 2013 which will be presented to IGQAC. The Trust aims to ensure that this audit follows best practice, this audit reviews key processes within the recruitment shortlisting and interview process to ensure that processes are robust and in line with policy and best practice in regards to Equality & Diversity. Monitoring & Audit Aims and Objectives The aim of the audit of the shortlisting and interview process is to provide assurance to the Trust that current practice within the trust is applied equally to all applicants for shortlisting and interview. Specifically looking at Age restriction as this was highlighted as an area for further research during the Equality & Diversity Annual Workforce Report analysis 2012/13. Methodology An audit of the processes within is undertaken in line with the Equality Act 2010 and the Public Sector Equality Duty 2011 which enforces all public sector organisations to openly publish equality & diversity Statistics and establishes goals for improvement. The results are used and fed into the EDS evaluation process. How was the data collected and what is the sample size? A random audit was conducted of 10 electronic shortlisting data on the NHS Jobs site over the last 12 months period. Random audit of 12 recruitment assessment forms over the last 12 months period What period does the data refer to? April 2012 March 2013 Results/Action Plan Criterion Audit Comments Desired Achieved 1 Shortlisting Process 1.1 Any mention of age specific knowledge, qualifications experience throughout the shortlisting notes 100% 100% No mention of age specific criteria being used however audit has established: Notes need to be more detailed consistently Evaluation not assessed against person spec Blank notes on system No detail Scoring system not being used consistently 2 Interview Assessment Forms 2.1 Any mention of age specific 100% 100% No mention of age specific criteria being

12 2.2 knowledge, qualifications experience throughout the interview questions Any mention of age specific knowledge, qualifications experience throughout the interview responses 100% 100% used however audit has established: Not everyone is using the Trust paperwork for recruitment Interview questions not assessed against person spec Recommended action 1 Review process and management returns to ensure Notes are detailed consistently. Ensure all evaluation are assessed against person spec and that blank notes on system or no detail are accepted and that the scoring system is being used consistently as recommended in the recruitment guide and the recruitment policy 1 Review of recruitment Guide and the recruitment policy To address Lead criterion no. 1.2 HR & Medical Employee Manager 1.2 HR & Medical Employee Manager 1 Training for recruitment teams 1.2 HR & Medical Employee Manager 1 Ensure at least one panel member has completed the safer recruitment training as per policy 2 Review process and management returns to ensure everyone is using the correct paperwork and that questions relate to person spec/role 2 Review of recruitment Guide and the recruitment policy 1.2 HR & Medical Employee Manager 2.1/2.2 HR & Medical Employee Manager 2.1/2.2 HR & Medical Employee Manager 2 Training for recruitment teams 2.1/2.2 HR & Medical Employee Manager 2 Ensure at least one panel member has completed the safer recruitment training as per policy 2.1/2.2 HR & Medical Employee Manager Date to be completed June 2013 and ongoing Reviewed June 2013 Jul/Aug 2013 and on-going Jun 2013 and ongoing Reviewed June 2013 and ongoing Reviewed June 2013 Jul/Aug 2013 and on-going Jun 2013 and ongoing Actual completion date & progress Reviewed June 2013 Reviewed June 2013 Reviewed June 2013

13 APPENDIX 3 TRAINING APPLICATION AUDIT Introduction This audit has been initiated as part of the recommendations of the Equality & Diversity Annual Workforce Report and will feed into the Trusts Equality Delivery System (EDS) Review 2013 which will be presented to IGQAC. The Trust aims to ensure that this audit follows best practice, this audit reviews key processes within the Training application and approval process to ensure that processes are robust and in line with policy and best practice in regards to equality & Diversity. Monitoring & Audit Aims and Objectives The aim of the audit of the Training application and approval process is to provide assurance to the Trust that current practice within the trust is applied equally to all Trust employees. Specifically looking at age, disability gender and ethnic origin, race restriction as these were the areas highlighted as an area for the process to be checked to ensure equitable treatment for all Methodology An audit of the processes within is undertaken in line with the Equality Act 2010 and the Public Sector Equality Duty 2011 which enforces all public sector organisations to openly publishing equality & diversity Statistics and establishes goals for improvement. The results are used and fed into the EDS evaluation process. How was the data collected and what is the sample size? Inspection of training application form format and assessment criteria, assessment of completed training applications in relation to by randomly selecting 5 accepted and 5 rejected training request and assessment during the last 12 months period. What period does the data refer to? April 2012 March 2013

14 Results/Action Plan Criterion Audit Comments Desired Achieved 1 Training Application 1:1 Does the management assessment criteria contain any criteria classed as discrimination in regards to: Age 100% 0% Evidence of possible issue re age discrimination found in relation to question 6) Duration of person s continuous Trust employment. Age, Disability, Gender, Ethnic Origin & Race 100% 95% NB2 approving training outside of grading does not give security for equality 1.2 Does the training application form format contain any criteria that could be considered as discrimination in regards to: Age Age, Disability, Gender, Ethnic Origin & Race 100% 100% 0% 100% See above No evidence, however NB2 is not communicated to employees on application form or via policy 2 Completed & Accepted Applications 2.1 Does the form contents 100% 100% No evidence of discrimination however: contain any evidence of discrimination or positive 1 applicants marked as approved but discrimination in regards to form stated rejected Age, Disability, Gender, 2 applications assessment not completed Ethnic Origin & Race 2 applications scored lower that acceptance score and no justification as to why approved 1 application not on file 2 Completed & Rejected Applications 2.2 Does the form contain 100% 100% No evidence of discrimination however: evidence of any discrimination or positive 3 applications not on file 1 assessment not completed discrimination in regards to Age, Disability, Gender, No notes/comments to justify rejection Ethnic Origin & Race 3 scored above approval score however applications rejected and no comments/ notes made

15 Recommended action 1 Review of training request form and immediate removal of question 6 and review of NB2 2 Enforce the completion of the scoring system and the notes/comments section to justify decisions made 3 Ensure recording spread sheet is accurate and statistical analysis specifically in regards to Equality & Delivery is reported to EMG/IGQAC quarterly to enforce process compliance To address Lead criterion no. 1.1/1.2 L&D Manager 2.1/2.2 EMG who assess training 1/2 L&D Manager, Director of Operation & Clinical Practice Date to be completed Jun/Jul 2013 Jun/Jul 2013 and on-going Jun/Jul 2013 and on-going Actual completion date & progress APPENDIX 4 MANAGER EQUALITY & DIVERSITY TRAINING REPORTS Out of Date Completed Completion % NED's % Directors % Snr Managers % Other Managers % Total

16 Goal Undeveloped Developing Achieving Excellent APPENDIX 5 RNHRD RAG RATING Key Q = Questionnaire (appendix?) E&D = Equality & Diversity Workforce Statistics A = Audit of Policy/Process SS = Staff Survey Factor Key Questions Comments Recruitment and selection processes are fair, inclusive and transparent so that the workforce becomes as diverse as it can be within all occupations and grades Can the Trust evidence that employees from protected characteristics have experienced inclusive and equitable treatment as part of the recruitment process Q = 87% agree that we have a fair process in place E&D = highlighted a possible issue in regards to age ranges of applicants rejected and shortlisting & interview stages and recommended audit A = audit completed and showed no evidence of discrimination SS= %, % Are employees from protected characteristics visible on the board Evidence available that the majority are 3.2 Levels of pay and related terms and conditions are fairly determined for all posts, with employees doing equal work and work rated as of equal value being entitled to equal pay Does the Trust engage with LPC to ensure that recruitment process is fair Can the Trust evidence that employees from protected groups enjoy the levels of pay and T&C s to an equal value Yes all policies are shared and communicated with LPC Q = 81% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= 87% Nation contracts Agenda for Change, M&D T&C s followed, all variations to be agreed by Agenda for Change Lead/Director in charge of HR Does the Trust engage with LPC to ensure above point LPC informed of all changes and concerns discussed; process in place for any complaints Does the Trust deal with any instances of unfairness and discrimination through a mainstream process Grievance Policy & Appeal policy in place

17 3.3 Through support, training, personal development and performance appraisal, employees are confident and competent to do their work, so that services are commissioned or provided appropriately 3.4 Employees are free from abuse, harassment, bullying, violence from both patients and their relatives and colleagues, with redress being open and fair to all Can we evidence that employees from protected groups receive appraisals/pdp s of equal value Can we evidence that training and support is fair and equal to all Does the Trust engage with LPC to ensure the above Does the Trust take in to account the protected groups when developing initiatives & processes Does the Trust deal with any instances of unfairness and discrimination through a mainstream process Can the trust evidence that employees are from protected groups are free from this or equal for example how does the level compare with the level experienced from all employees as a whole Does the Trust engage with LPC to ensure the above Q = 82% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= Training 75%, appraisals 83% Q = 82% agree that we have a fair process in place E&D = highlighted a possible issue in regards to 5 protected characteristics recommended audit A = audit completed and showed evidence of discrimination in relation to Age and recommendations in regards to all 5 characteristics highlighted. SS= Training 75%, appraisals 83% LPC informed of all changes and concerns discussed; process in place for any complaints All Trust policies include E&D Impact Assessment. L&D Training Audit recommendation audit is also communicated via the EDS report to highlight issue found and recommendations for address Grievance Policy & Appeal policy in place Q = 85% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= Patient specific10%, Colleague 2% LPC informed of all changes and concerns discussed; process in place for any complaints 3.5 Flexible working options are made available to all employees, consistent with the needs of the service, and the way that people lead their lives. (Flexible working may be a reasonable adjustment for disabled employees or carers.) Does the Trust deal with any instances of unfairness and discrimination through a mainstream process Can the Trust evidence that flexible working options are available to all Does the Trust engage with links to ensure the above Grievance Policy & Appeal policy in place Q = 73.13% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= N/A LPC informed of all changes and concerns discussed; process in place for any complaints 3.6 The workforce is supported to remain healthy, with a focus on addressing major Does the Trust deal with any instances of unfairness and discrimination through a mainstream process Can the Trust evidence that employees from protected groups are encouraged to Grievance Policy & Appeal policy in place Q = 73% agree that we have a fair process in place SS= N/A

18 health and lifestyle issues that affect individual employees and the wider population Boards and senior leaders conduct and plan their business so that equality is advanced, and good relations fostered, within their organisations and beyond remain healthy and have access to the same provisions Does the Trust engage with links to ensure the above Do board members/leaders communicate their vision in regards to equality & Diversity Grievance Policy in place Q = 70.15% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= N/A Do they take steps to encourage a diverse team Q = 64.18% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= N/A Are they part of the organisational strategic objectives Trust values & NHS 6 C s linked back to Equality & Diversity and part of HR Strategic Plan 4.2 Middle managers and other line managers support and motivate their employees to work in culturally competent ways within a work environment free from discrimination Do they encourage along with LPC the importance of equality & diversity in their decision making Managers actively create high diverse workforce Yes example Equality & Diversity risk assessment completed by board as part of managing change policy in 2012/2013 Q = 26.87% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= N/A Managers Training Record 4.3 The organisation uses the Competency Framework for Equality and Diversity Leadership to recruit, develop and support strategic leaders to advance equality outcomes Do managers motivate & support employees in understanding diversity Does the Trust use the competency framework & Does this work Feedback from managers Feedback from employees Q = 26.87% agree that we have a fair process in place E&D = highlighted no issues A = audit not required SS= N/A Managers Training Record Implemented 2012/13 for Nursing & HCA s, will become part of Trust appraisal process due to be updated July 2013

19 APPENDIX 6 TRAINING APPLICATION FORM & CRITERIA

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