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1 The Statutory Duties Appendix 1 The Race, Disability and Gender Equality duties require public bodies to have due regard to the need to eliminate discrimination and to promote equality in employment and in the services they provide both directly and through commissioning or procurement. Race The Race Relations (Amendment Act) 2000 arose from the McPherson Report following the murder of Stephen Lawrence. The act places a statutory duty on all public bodies to make race equality a central part of the way in which Public bodies do business. Currently we must meet our two duties one general and one specific. General Duty To promote race equality and place it centrally in the culture and manner in which the organisation conducts its business. The organisation must have due regard to: promoting equal opportunity, eliminating unlawful racial discrimination promoting good relations between different racial groups. Specific Duty Under the Specific Duty, we must publish a Race Equality Scheme, which sets out specific steps demonstrating how we plan to meet the General Duty. In particular, a Race Equality Scheme shall state the functions and policies of the organisation. Disability Disabled People A person has a disability if he or she has a physical or mental impairment, which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to day activities Disability Discrimination Act 1995 Outlaws the discrimination of disabled people in employment, the provision of goods, facilities and services or the administration or management of premises. Disability Discrimination Amendment Act 2005 Introduces a positive duty on public bodies to promote equality for disabled people The Disability Scheme demonstrates how we have worked with service users and the public to make equality happen for disabled persons who live in Northamptonshire, irrespective of age. NHSN Single Equality Scheme Appendix 1 Page 1 of 5

2 General Duty In carrying out its function this organisation must have due regard to: promote equality of opportunity between disabled persons and other persons; eliminate discrimination that is unlawful under the Act; eliminate harassment of disabled persons that is related to their disability; promote positive attitudes towards disabled persons; encourage participation by disabled persons in public life; and take steps to take account of disabled persons disability, even where that involves treating disabled persons more favourably than other persons. Specific Duties In carrying out its function this organisation must have due regard to Publish a Disability Equality Scheme demonstrating how it intends to fulfil its general duty and specific duties. Involve disabled people in the development of the scheme. Arrangements for gathering information in relation to employment; Arrangements for putting gathered information to use, in particular in reviewing the effectiveness of the action plan. Gender What is a Gender Equality Scheme? The Equality Act 2006 created the Gender Equality Duty for the public sector. The Gender Equality Duty requires public authorities to promote equality between women and men and eliminate unlawful sex discrimination and harassment. This means that public sectors employers are required to develop polices, design services and have employment practices with the different needs of women and men in mind. The Act also gives protected status to access on the grounds of religion to good facilities and services The Gender Equality Duty and Positive Action The Duty and the Sex Discrimination Act allows positive action, but does not allow positive discrimination. Positive action is encouraging people from an underrepresented group to apply for jobs, training or promotion. This is lawful practice. (Equal Opportunity Commission The Gender Equality Duty). NHSN Single Equality Scheme Appendix 1 Page 2 of 5

3 General Duty The General Duty places a legal duty to: eliminate unlawful discrimination and harassment; promote equality of opportunity between men and women. Specific Duty To help meet the General Duty there is a Specific Duty to: as a result of analysis, identify the gender equality goals and describe the actions to meet them, in consultation with employees, unions and stakeholders; consider objectives to address the causes of any gender pay gap; conduct and publish gender impact assessments on all major functions and polices relating to gender issues; gather information on the effect of its policies and practices on men and women, in employment, services and performance of its functions. Human Rights Human rights are based on fairness, respect, equality, dignity and autonomy. By putting human rights at the heart of policy and planning, we will ensure accountability for our actions as a PCT, empower people to have their say, and provide services which are non- discriminatory. Overall, we will improve the quality of services and patient experience and also reduce the risk of complaints and litigation. In practice, a Human Rights based approach means adopting the principle human rights set out in the Human Rights Act and the related application of freedom from discrimination to all rights. The Human Rights Act 1998 gives effect in the UK to the European Convention on Human Rights and Fundamental Freedoms and has wide ranging implications for the PCT, particularly in the following respects: Article 6 concerns decisions involving a person s private rights and the laying down of procedures for the determination of cases. Articles 2 and 3 concern infringements on a person s physical and mental wellbeing. Article 8 concerns infringements on a person s private or family life. Article 10 concerns the right of person to freedom of expression. Article 9 concerns the right of a person to freedom of thought, conscience and religion. Article 1 of Protocol 1 concerns infringements of a person s possessions or his ability to carry on a trade or profession. Article 14 concerns discriminating against people in the area of other Convention rights NHSN Single Equality Scheme Appendix 1 Page 3 of 5

4 Sexual Orientation From December 2003 it became illegal under the Employment Equality (Sexual Orientation) regulations to discriminate against anyone or subject anyone to victimisation or harassment because of sexual orientation. Within the Regulations sexual orientation is defined as: orientation towards persons of the same sex (lesbian and gay men); orientation towards persons of the opposite sex (heterosexual); orientation towards persons of the same sex and the opposite sex (bisexual). NHS Northamptonshire will endeavour to create an environment where staff feel able to be themselves at work and are not subjected to any form of harassment or discrimination because of their sexual orientation. Gender Identity The Sex Discrimination (Amendment of Legislation) Regulations 2008 The Sex Discrimination (Amendment of Legislation) Regulations 2008 extended the Sex Discrimination Act to make it unlawful to discriminate on grounds of gender reassignment in the provision of goods, facilities and services as well as in employment and vocational training. It is best practice to treat all customers equally and respectfully, regardless of how they look or any perceived ambiguity in their gender. Rights under the Gender Equality Duty The Equality Act 2006 introduced the Gender Equality Duty, which places an obligation on public bodies to pay due regard to the need to address and eliminate the unlawful discrimination and harassment of transsexual people in employment, related fields and vocational training (including further and higher education) and in the provision of goods, facilities and services. Goods, Services and Facilities Law In our policies and procedures, we ensure that we do not discriminate in the provision of goods, facilities and services, and disposal and management of premises, on the grounds of gender, including transgender men and transgender women, pregnancy or maternity, sexual orientation, race, disability, civil partnership, religion or belief, and to provide reasonable adjustments for disabled people. The relevant laws are as follows: Sex Discrimination Act 1975, as amended. Sex Discrimination (Amendment of Legislation) Regulations 2008 (in terms of gender reassignment, and pregnancy or maternity). Race Relations Act 1976, as amended. Disability Discrimination Act 1995, as amended. NHSN Single Equality Scheme Appendix 1 Page 4 of 5

5 Gender Recognition Act Civil Partnership Act Equality Act 2006 (in terms of religion or belief). Equality Act (Sexual Orientation) Regulations Civil Partnership Act 2004, In line with this Act, we offer parity of treatment in services, between people who are married and people in civil partnerships including two people of the same-sex. We are permitted to apply the following on the basis of gender in provision of: services that are single-sex for reasons of privacy and decency; services by voluntary groups or charities whose primary purpose is to provide services to one sex Religion or Belief From December 2003 it became illegal under the Employment Equality (Religion or Belief) regulations to discriminate against anyone or subject anyone to victimisation or harassment because of their religion or belief (also including anyone who does not have a belief). Any religion or philosophical belief or a lack of such a belief will be covered. It will be up to the tribunals to decide what actually constitutes belief. All major religions are covered. NHS Northamptonshire will respect all religions and beliefs and will promote good relations between people of different faiths or those who do not have a particular faith. Age From October 2006 it became illegal under the Employment Equality (Age) regulations to discriminate against anyone on grounds of age (young or old) or subject anyone to any harassment or victimisation because of their age. NHS N is totally committed to establishing an environment for both employees and the community we serve that supports and encourages people of all ages to deliver their full potential. NHSN Single Equality Scheme Appendix 1 Page 5 of 5

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