Equality Information meeting the requirements of Equality Act 2010

Transcription

1 Equality Information meeting the requirements of Equality Act 2010 Page 1 of 31

2 Contents Executive Summary Introduction Equality Duty requirement to publish equality information The purpose of publishing equality information Workforce Information Gender Pay Differences Ethnicity Age Profile Disability Religion and Belief Sexual Orientation Employee Relations Employee Engagement and Recognition Staff Survey Training and Development Recruitment in Human Resources (HR) Policies and Practices Volunteers Secondments Equality Delivery System (EDS 2) Self Assessment Summary Page 2 of 31

3 Executive Summary The Equality Act (the Act) came into force in October 2010 and included a new Public Sector Equality Duty (the equality duty), replacing the separate duties relating to race, disability and gender equality. The equality duty came into force on the 5th April The Act placed a statutory responsibility on all NHS organisations to publish equality information on an annual basis to show how they comply with the equality duty. National guidance from the Equality and Human Rights Commission (EHRC) and NHS Employers have been used to structure this report. The format of this report is likely to evolve over time as the Trust progresses to becoming a Foundation Trust. This report shows that the Isle of Wight NHS Trust (the Trust) employs people with a wide range of backgrounds, ability and experiences. The application of effective people management practices and policies reinforce the Trust s vision to treat everyone fairly with dignity and respect. The author would like to thank Barbara Fitch, Calum Robertson and Angelo Cascarini for providing the workforce information used in this report. Page 3 of 31

4 1. Introduction The Equality Act (the Act) came into force in October 2010 and the equality duty came into force on 5 April The public sector equality duty (the equality duty) is made up of a general equality duty which is the overarching requirement and specific duties which are intended to help the achievement of the general equality duty. The general equality duty requires public authorities, like the National Health Service (NHS) to have due regard to: Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act. Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it. Foster good relations between people who share a relevant protected characteristic and those who do not share it. These are often referred to as the three aims of the general equality duty. 1.1 Equality Duty requirement to publish equality information Whether you are an employee of the Trust or someone who uses or has used healthcare services on the Isle of Wight, everyone has the right to be treated fairly, with dignity and respect. The Trust collects equality information, often referred to as Equality Monitoring Data, from the people we employ and on the people we provide healthcare to, so the Trust can be assured we are Page 4 of 31

5 There protected characteristics of people who use the health service. These are: Disability Gender reassignment Pregnancy and maternity Race Religion or belief Sexual orientation Sex (gender) Age The protected characteristics employees might have. These are: Disability Gender reassignment Marriage or civil partnership Pregnancy and maternity Race Religion or belief Sexual orientation Sex (gender) Age meeting the needs of people with certain characteristics. The Equality Act refers to these as protected characteristics. The level of legal protection varies slightly according to whether a person is at work or using our health services. These are some of the ways the Trust uses equality information: So we can assess the impact of our policies, practices and decisions might affect people in different protected characteristics. We need to ensure the decisions we make are informed and are based on the impact on equality. To assess whether our services are discriminating unlawfully. To inform the Trust of the diversity of the people we employ and those who use healthcare services so that we can overcome barriers between different group. Page 5 of 31

6 Can be used to identify if there are any actions we can take to avoid discrimination and harassment, advance equality of opportunity or foster good relations. 1.2 The purpose of publishing equality information By publishing this report, the Trust believes it will help people who use our Publishing information is not simply a matter of demonstrating the sufficiency of your equality evidence base. More importantly, it is about demonstrating how you have used your evidence base to have due regard to the aims of the general equality duty (i.e. how you have used it in making a particular decision or in the way you have delivered your work). services, and the people we employ and as well as external organisations such as the Care Quality Commission (CQC) and the Trust Development Agency (TDA), to assess the equality performance of the NHS Trust. According to the Equality and Human Rights Commission: Source: EHRC December Workforce Information As at 1 st December 2013 the Isle of Wight NHS Trust employed 57 fewer people than at the 1 st December One reason for this reduction is the transfer of Prison Healthcare to another healthcare provider in April The Trust is always reviewing how we deliver our services. On occasions service improvements, for example increasing the use of technology, may result in the Trust requiring employing few people. The split between men and women remains the same as in 2012, 25% are males and 75% are female. Page 6 of 31

7 When monitoring the number of people employ, the Trust divides the information into 7 groups see graphs 1. Graph 1 Number of employees by Staff Group as at 31 st December 2013 Data Source: Electronic Staff Record 2013 Administration and Estates includes roles such as Electricians, Builders, people who make appointments and Porters. Ambulance includes Paramedics, ambulance technicians and support workers. Nursing and Midwifery staff group covers all registered nurses and midwives Healthcare Assistants (HCA) and Support covers Healthcare Support Workers who support registered nurses and people who work in the Hospital Sterilising Department (HSDU). Scientific, Therapeutic and Technical Group includes people who work in Pathology Department, Physiotherapists and Pharmacists. Page 7 of 31

8 Senior Managers are responsible for the day to day management of all our clinical and non-clinical services. Medical and Dental Group covers all doctors and dentists. 2.1 Gender Pay Differences There are two sets of terms and conditions of employment covering all staff employed in the NHS; one set covers all doctors and dentists, the other, known as Agenda for Change covers to all other staff groups. Each set of terms and conditions includes rates of pay. The majority of people employed by the Trust are covered by the Agenda for Change rates of pay, which is grouped into pay band. Graph 2 illustrates the number of men and women in each of the Agenda for Change pay band. Graph 2 Trust employees by Pay Band and Gender Data Source: Electronic Staff Record December 2013 excluding medical staff Page 8 of 31

9 The number of men in band 2 roles has increase by 27% since December Men employed in band 3 roles have also increased. Females undertaking band 4 roles has also increased slightly. The difference in salaries between the salaries paid to women and men has reduced from 11,255 to 6, Graph 3 illustrates the difference in average salaries for each staff group. Graph 3. Gender Pay Gap Data Source: Electronic Staff Record December 2013 excluding medical staff The differences range from 112 to 10, The average salary of women is higher than men in the Nursing and Midwifery, Ambulance, HCA and Support and Senior Managers staff groups. 1 Based on spine points, excluding medical and dental professionals 2 Very senior managers and Agenda for Change band 8 and above have been grouped together. Page 9 of 31

10 In the Medical and Dental professional staff group the salaries of men is 12,840 higher than women. In 2012 the gap was 14,000. In October 2013, following 18 months of discussions with Trade Unions, it was agreed to gradually implement a local On-Call pay framework. From April 2015 all staff covered by Agenda for Change terms and conditions will be paid the same amount for being on-call. The pay rates for coming into work will vary and follow nationally agreed principles; Equal Pay for Equal Value Work. 2.2 Ethnicity graph 4 illustrates the ethnic background of the people employed by the Trust in 2013; 2% less than in In contrast, the most recent estimate of the population of the Isle of Wight 8.3% of people has a minority background. The medical and dental staff group remains the group with the highest proportion of employees whose ethnicity is minority ethnic group at 58.2%. Graph 4 Ethnicity of the Trusts Workforce Data Source: Electronic Staff Record December 2013 Page 10 of 31

11 2.3 Age Profile The number of people the Trust employs who are over the age of 65 years continues to increase. This reflects the national picture of a maturing UK population and proportionally fewer school leavers in the available labour market. Graph 5 Age Distribution from 2009 to 2013 Data Source: Electronic Staff Record December 2013 By 2025, half of the adult population will be aged 50 or over. One reason for this is widely thought to be the impact of the Employment Equality (Age) Regulations which came in to force in October 2011, which meant people could work beyond the date when they can retire and receive their state pension. The age profile varies within in each professional group as illustrated in graphs 6 and 7. Page 11 of 31

12 Graph 6 Age Profile of Healthcare Assistant and Support to Clinical Staff Group Data Source: Electronic Staff Record December 2013 Nurses, midwifes and Health Visitors account for 31% of the people we employ. The graph below illustrates the changes it the age profile over the past 3 years. Graph 7 Age Distribution of Nursing, Midwifery and Health Visitors Staff Group Data Source: Electronic Staff Record updated in 2013 Page 12 of 31

13 This information will be used by managers to aide succession planning and will help to inform workforce planning discussions. 2.4 Disability The number of people employed by the Trust who have told us they have a condition that affects their daily lives, remains constant at Religion and Belief The majority of staff, 38%, told us that Christianity is their religion or belief; however 33% of staff preferred not to disclose their religion to us. All employees are able to use the Trust s Multi-Faith room which is located on Level C at St Mary s Hospital. 2.6 Sexual Orientation Monitoring of sexual orientation continues to prove very challenging; in most cases employees prefer not to disclose their sexual orientation, although fewer staff who do not wish to specify their sexual orientation has gone down. During 2013 the Trust has been fortunate to be supported by Stonewall a charity supporting Lesbian, Gay and Bisexual people. A range of initiatives including providing Equality Monitoring training to managers of front line services and the development of a Diversity and Inclusion Team Member Handbook. The Trust hopes that by being more open about diversity and inclusion than we have been in the past that it will create a climate of trust, and our response rates will increase overtime. Page 13 of 31

14 2.7 Employee Relations Employee Relations concerns are reported to the Trust Board monthly and provide data relating to allegations of discrimination, harassment and bullying. In January 2013 a new Dignity and Respect at Work - staff advocacy service was established. It is a confidential service supports staff who cannot decide if they have been bullied or harassed. The Advocates have been trained to help individuals to be clearer about how they feel. The Advocates sign post staff depending on what the individual wants to do next. This service is in addition to other support mechanism such as Occupational Health, Staff Counsellor and Trade Union Representatives. 2.8 Employee Engagement and Recognition In September 2013 the Trust set itself a challenge to encourage at least 100 employees to become Quality Champions. Their role will be to help embed quality care everyone, every time, throughout the organisation. Also in September the Trust introduced two employee recognitions schemes. The Employee of the month recognises employees who have been nominated by a patient, relative or visitor, because they believe the individual has made a significant contribution to the service, either directly or indirectly related to patient care by going the extra mile. Equal consideration is give to staff working behind the scenes and those who work in front line clinical and non-clinical roles. Page 14 of 31

15 In November, the Trust held its annual Awards Ceremony. The event celebrates the excellence and innovation in healthcare on the Island. Every year it is an illustration of the diverse range of services provided here on the Island. A list of nominations and winners can be found by following this link. The Employee Recognition of Achievement Awards is awarded by the Trust Board as an acknowledgment of the achievements of individual staff members and/or teams that have delivered or supported the delivery of exceptional quality care. There are 4 nomination categories are: 1. Quality Care and Innovation improving quality for our patients 2. Employee role model attitude and behaviours 3. Going the extra mile 4. Partnership Working recognizing the achievements of working with our partners in delivering high quality patient care to our island community. Consideration is also given to how the individual/team has contributed to the Strategic Objectives. Page 15 of 31

16 2.9 Staff Survey The NHS Staff Survey results are made available to staff as soon as is practicable via the Trusts web site and through Team Briefings 3. Each year the results are analysed and an action plan is produced. From 2014 progress against the action plan is monitored through the Organisational Culture Group who report directly to the Trust Executive Committee Training and Development The Trust expects all those who deliver training to attain the Principles of Adult Teaching & Learning qualification; a course that enables trainers to recognise different learning styles and how to adapt their delivery of training accordingly. Equality and Diversity is positively reinforced through delivery of Leading Empowered Organisations training and the Trust Management Development Programme. Table 1 shows attendances at the top five training events up to 31 st December Table 1 Training and Development Attendances White Other ethnic group Equality and Diversity 77% 23% Fire Safety 81% 19% Infection Prevention and Control 81% 19% Leading Empowered Organisations 86% 14% Management Development Programme 91% 9% Data Source: Training Manager Pro From April 2014 Equality and Diversity Training for Managers is a new mandatory training event that will be introduced. 3 The results of the 2013 NHS Staff Survey will be published in March 2014 Page 16 of 31

17 2.11 Recruitment in 2013 Since January 2013 the Trust has advertised 456 vacancies which attracted 1736 applications. Although 456 job adverts were place, only 319 vacancies went through to short listing. A breakdown of the applications shows that: 35% of applications were submitted by males and 65% were submitted by females. 26% of applicant s have a minority ethnic background. 75% of the female applicants were appointed and 25% of the male applications were successful. 21% of applicants had a minority ethnic background. 2% (82 people) declared they had a disability, 8 of these were appointed. Table 3 shows the ratio of applicants from Black and Minority Ethnic background from applicant through to appointment stages of the recruitment process. Table 2 Breakdown of Adverts by Staff Group in 2013 Number of Staff Group Number of Staff Group Adverts Adverts 73 Additional Clinical Services 6 Students 81 Administrative and Clerical 129 Nursing and Midwifery 50 Allied Health Professionals 101 Medical and Dental 10 Estates and Ancillary 6 Healthcare Scientists Data Source: NHS Jobs Page 17 of 31

18 2.12 Human Resources (HR) Policies and Practices In February 2013 the Human Resources Department launched its web-based HR portal making it easier for staff and managers to access. The structure of the portal includes: How to Guides Frequently Asked Question Template Letters Employment Law Updates or Hot Topics. All HR Policies and Procedures are underpinned by Employment Law and HR Best Practice, as well as Equality and Human Rights. A summary of HR Policies can be found on page 20. Employees often use the Cyber Café to access to Trust Policy or to complete their mandatory e-learning modules Page 18 of 31

19 Table 3 Summary of Recruitment Activity for 2013 Staff Group Vacancies Total BME Applicants Shortlisted Appointed BME as a % of applicant Total BME BME as a % of shortlisted Total BME BME as a % of successful applicants Registered Nurses and Midwives Students Medical and Dental Healthcare Scientists Estates and Ancillary Allied Health Professionals Administration and Clerical Additional Clinical Support Totals Page 19 of 31

20 Table 4. Summary of Human Resources Policies that Support Equality and Diversity Policy Title Summary When it should be used Defines what is meant by grievance Cases regarding discrimination and /or unfair treatment. Grievance Policy and Procedure Disciplinary Policy and Procedure Equality and Diversity Policy Raising Concerns Policy (Whistle blowing) Sets out a fair and equitable process for dealing with a grievance including timescales The responsibilities of managers and staff are defined Sets out a fair and equitable process for dealing with a disciplinary situation including timescales. It describes managers and individual members of staffs responsibilities Lists situations when disciplinary action would be a likely course of action Sets out the Trust s intent on advancing equality and diversity. It provides an integrated approach to equality and diversity. Designed to enable you to raise your concerns about such malpractice at an early stage and in the right way. Application and or implementation of workplace procedures. Interpretation and/or implementation of Terms and Conditions of Employment. Job Plans (Medical and Dental Staff Only). Cases of bullying / harassment. Misconduct generally refers to an individual s behaviour. Conduct issues can be classified as misconduct or in more serious cases, gross misconduct. Sets out the organisations Equality and Diversity responsibilities and expected behaviours of staff. Gives some definitions. This policy and procedure is to enable staff to raise their concerns relating to unlawful conduct, financial malpractice or malpractice related to patients, employees, the public or the environment at the earliest opportunity and with confidence that these will be addressed appropriately. Page 20 of 31

21 Recruitment and Selection Appraisal Dignity at Work Work Life Balance Policy This policy sets out the Trust s commitment with regards to: Effective Human Resources Planning and control Value for money recruitment mechanisms Robust, fair, and objective selection The importance of Equality Opportunities and Diversity Outlines the Trust s commitment to appraisals for all staff Appraisals create an opportunity to for staff to have a two-way conversation with their line manager Links the importance of appraisals to the NHS Knowledge and Skills Framework and the organisations Values and Behaviours The Dignity at Work Policy identifies the procedure for dealing with cases of harassment and bullying at work. It goes on to define what might be considered as bullying and harassment. It also refers to our legal obligations under the Health and Safety at Work Act. Lists a wide range of support mechanisms Outlines the Trust commitment to its staff and their need to be able to balance their working lives with other commitments outside work. The principles of the policy are applicable to all recruitment and selection in the Trust except a limited number of posts that may be exempt including those medical training appointments managed by national schemes. Used by managers and staff as this policy provides guidance and support for staff when preparing for an appraisal This policy also supports the continued professional development of staff If you witness unwanted behaviour to another member of staff, patient, carer or visitor. If you feel that you are being treated differently The policy gives examples of various flexible working patterns that individuals may wish to consider at some time during their working lives. Such as: Part-time working Temporary or permanent reduction in hours Home Working Flexible Working Term Time only hours Career breaks Page 21 of 31

22 2.13 Volunteers The Trust has 496 people who provide a service to patients on a voluntary basis. This graph below shows the age range of our Volunteers. Some volunteers have a disability; these Volunteers use their own personal Data Source: Electronic Staff Record experiences to help others who may have recently been diagnosed. Others volunteers have excellent listening skills which are essential in many areas of the hospital Secondments As secondment is the term used to describe a situation where an employee, either goes to work for another organisation or another department within the Trust on a temporary basis. Secondments are an ideal way to increase your knowledge and of gaining experience. This graph shows the number of employees who have been seconded over the last few years. Page 22 of 31

23 Data Source: Electronic Staff Record 2.14 Equality Delivery System (EDS 2) Self Assessment The Equality Delivery System (EDS) is a generic tool designed for the NHS. The main purpose of the EDS is to help NHS organisations like the Trust, in discussion with local partners including local people and its staff, to review and improve their performance for people with characteristics protected by the Equality Act The Trust uses its self assessment to help us to deliver on the public sector Equality Duty (PSED). Page 23 of 31

24 At the heart of the EDS are 18 outcomes grouped under four goals. The patient focused goals are Better Outcomes and Improved access and experience. Each outcome is assessed using the grading shown below. Excellent Achieving Developing Underdeveloped Excellent as well as great performance, organisations must fully engage with local interests, take part in peer reviews and demonstrate innovation Undeveloped performance is very poor, or assessments lack evidence, or organisations are not engaged with local interests Page 24 of 31

25 This table shows the Trust s EDS Self Assessment against the two EDS Goals relating to staff and leadership. Goal Outcome Rating Evidence and Rationale updated Empowered, engaged and well-supported staff 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 3.2 Levels of pay and related terms and conditions are All recruitment activity uses NHS Jobs, with the exception of Volunteer s which has adopted an informal approach. Policies are in place to promote the organisation as an Employer of Choice. The organisation became a MINDFUL Employer A applicant who had informed us that they have a special need during the recruitment, every effort is made to meet their specific needs. Our ESR data illustrates that our workforce is as whole very diverse; with variations between occupational groups. All HR Policies have an Equality Impact Assessment (EqIA) Workforce data, including recruitment can be found on the Trust s internet site. Pay Gap has been published in the Workforce Report - December All roles are subject to the NHS Job Page 25 of 31

26 fairly determined for all posts, with staff doing equal work and work rated as of equal value being entitled to equal pay 3.3 Through support, training, personal development and performance appraisal, staff are confident and competent to do their work, so that services are commissioned or provided appropriately Evaluation Process, all roles are independently verified in partnership. Agenda for Change Terms of Service are applied to all non-medical roles. A Partnership Working Group has been established to negotiate a local On-Call agreement. The organisation Grievance Procedure supports employees who feel they have been disadvantaged by the pay and related terms and conditions process. No employee has raised concerns through this process. Any concerns raised by an employee may well have been handled by their line manager at a local level. The Workforce Report illustrates that staff from minority ethnic backgrounds attend training and are not disadvantaged. Our systems do not enable us to report training attendance for any of the other protected groups. Compliance against all mandatory training requirements across all functions in March 2013 was 72%. Appraisals undertaken are an integral element of service performance management system. 98.5% appraisal rate as at 31 st March During 2012/13 a pilot was undertaken on appraisal quality. Initial feedback from several hundred Page 26 of 31

27 staff suggests that the majority completed their appraisals, satisfactory or above there are significant concerns that are being addressed and will be summarised at the end of the pilot. Doctors are required to demonstrate they keep themselves up to date through their annual appraisal. Every 5 years the outcome from their appraisal is used when making the license to practice recommendation to the General Medical Council (GMC). 3.4 Staff are free from abuse, harassment, bullying, violence from both patients and their relatives and colleagues, with redress being open and fair to all In 2012 the Trust established a new Dignity at Work Advocacy Service. A confidential mechanism to support staff who feel they have been subjected to bullying, harassment for victimisation. The organisations Equality and Diversity and Dignity at Work policies and training describe the protected groups, but aim staff to treat everyone as an individual. Employee Relation cases are reported to the Trust Board (Part 2) each month reports highlight concerns relating to bullying, harassment and discrimination. Page 27 of 31

28 3.5 Flexible working options are made available to all staff, consistent with the needs of the service, and the way that people lead their lives. (Flexible working may be a reasonable adjustment for disabled members of staff or carers.) 3.6 The workforce is supported to remain healthy, with a focus on addressing major health and lifestyle issues that affect individual staff and the wider population Flexible Working Policy supports working options for all groups of staff, especially people who want to work full time or part time (as long as organisational needs can be met). Offering permanent or temporary re-deployment may be considered as an option. The majority of flexible working requests come from staff returning to work from maternity and paternity leave. Managers endeavour to accommodate requests were practicable and do not compromise the needs of the business. Multi-faith facilities are available for staff to use. Managers are reminded of their responsibly to support staff should they wish to use it. Healthy Workforce Road shows are accessible to all staff including those who work in the community locations and outside normal office hours. The Road shows promote a range of healthy lifestyle activities including: Access to discounted exercise classes Discounted membership to Local Authority leisure facilities Hiring the Trust s Beach Hut Page 28 of 31

29 Cycle to Work Scheme Weight Management Programmes Green Gym opening in summer 2013 Lifestyle Health assessment including BMI, weight and cholesterol testing. Follow up support is provided by Occupational Health. Health Walks led by our Volunteers. Page 29 of 31

30 3. Summary In producing this report some themes have emerged. 3.1 Areas for Celebration In March 2013 we commenced a year long programme with Stonewall. They have helped the Trust establish and maintain a Patient and Staff Lesbian, Gay, Bisexual and Transgender Forum. The group s initial meetings were held in October New members have joined the group at every meeting since then. The work of the group can now be followed on Face book and Twitter. In January 2014 the Trust submitted an application to the Stonewall Healthcare Equality Index From a people management perspective we can demonstrate compliance with the Equality Act. The diversity of the organisation s workforce is much richer than the general population of the Isle of Wight. Analysis of Staff Survey results by the multi-professional working group. Greater involvement of volunteers in assisting from line staff to provide high quality patient care and improving the patient s experience. Launch of HR Portal making access to HR Policies much easier. Foundation Trust membership form has been updated to include sexual orientation and marriage/civil partnership fields. This change was made a direct response to feedback from patients. 3.2 Areas of Improvement Data Quality. From a workforce point of view the organisation s legacy systems collecting equality monitoring data was not a mandatory requirement. As a result these fields have never been populated. Although this changed with the Electronic Staff Record (ESR) we, and many other NHS organisations, are still trying to improve the data Page 30 of 31

31 quality; hence reports showing a high number of undefined records. The ongoing ESR data verification exercise will help to improve our position. Promote diversity through poster displays and the branding of the Lesbian, Gay, Bisexual and Transgender groups. Establishing a Black and Minority Ethnic Patient and Staff Group Network. References Equality and Human Rights Commission (2011) Equality information and the equality duty: A guide for public authorities NHS Employers (2011) Guidance on Meeting the Specific Duty: Publishing Information to Demonstrate Compliance NHS England Equality Delivery System 2 can be found by following this link Isle of Wight NHS Trust Equality and Diversity web site: Isle of Wight Joint Strategic Needs Assessment (JSNA) 2011 Isle of Wight NHS Trust Integrated Business Plan (IBP) This document can be made available a variety of formats on request. Please contact Mrs Elizabeth Nials, Equality and Diversity Lead by telephone ext 6727 or via at liz.nials@iow.nhs.uk Page 31 of 31