Equality & Diversity Policy

Transcription

1 Equality & Diversity Policy Version Number: V.2 Name of originator/author: Name of responsible committee: Name of executive lead: Date V1 issued: November 2012 Last Reviewed: June 2014 Next Review date: June 2016 Scope: MMHSCT Document Code: Head of Patient Experience / Deputy Director of Workforce & OD Integrated Risk Management and Clinical Governance Committee Director of Workforce & OD Trust wide HR27 Page 1 of 11

2 . Document Title / Ref: Lead Executive Director Author and Contact Number Type of Procedural Document Document Purpose Document Control Sheet Equality & Diversity Policy Director of Workforce & OD Director of Workforce & OD, Deputy Director of Workforce & OD, Policy Broad Category This policy sets out to confirm Manchester Mental Health and Social Care Trust s (MMHSCT) commitment to the principles of Equality and Diversity. It details how the Trust will meet its legal, moral and ethical responsibilities in the provision of mental health care and as an employer. Scope Trust-wide Version number V. 2 Consultation Policy Development Group, JLNC Approving Committee Integrated Risk Management and Clinical Governance Committee Approval Date 16 July 2014 Ratification and Date Trust Board Date of Ratification: 31 July 2014 V1 Valid from Date November 2013 Current version is valid from approval date Date of Last Review June 2014 Date of Next Review June 2016 Procedural Documents to be read in None conjunction with this document: Training Needs Analysis Impact There no Training requirements for this procedural document delete and explain as appropriate Financial Resource Impact There are no Financial resource impacts Document Change History Changes to this document in different versions must be detailed below. Rationale for the change should also be given Version Number / Name of procedural document this supersedes 1 / Equality & Diversity Policy November 2012 Equality & Diversity Policy November 2012 Type of Change i.e. Review / Legislation / Claim / Complaint Review Date March 2013 Details of Change and approving group or Executive Lead (if done outside of the formal revision process) Update to revised policy template. Updated definitions Review June 2014 Update to revised policy template. Updated definitions External references used in the creation of this document: Page 2 of 11

3 If these include monitoring duties upon the Trust for this policy the specific details should be recorded on the Monitoring and Compliance Requirements sheet Privacy Impact N/a Any issues? None Assessment submitted Fraud Proofing submitted N/a Any issues? None If not relevant to this procedural document give rationale: Policy authors are asked to consider each of the nine protected characteristics under the Equality Act We expect you to demonstrate that throughout the policy process you have had regard to the aims of the Equality Duty: 1. Eliminate unlawful discrimination, harassment and victimisation and any other conduct prohibited by the Act; 2. Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and 3. Foster good relations between people who share a protected characteristic and people who do not share it. Please provide a brief account of how you have done this, further work to be completed and any support you have had in considering the aims and working in compliance with the Equality Duty. If you are unclear on how to do this or would like further advice and support then you may contact quality.admin@mhsc.nhs.uk. It is the responsibility of the approving group to ensure this statement reflects the Trusts objectives and position with compliance as set out within the NHS Equality Delivery System The procedural document is broad and the scope is Trust wide so complies with the Trust Equality Delivery Service. In line with the Trust values we may publish this document on our External Website. Is there any reason you would prefer this is not done? It is the Authors responsibility to ensure all procedural documents comply with the Trust values If you are unclear on any of the requirements in the document control sheet then please quality.admin@mhsc.nhs.uk before proceeding Page 3 of 11

4 Monitoring and Compliance Requirements Sheet For audit, Registration and NHSLA purposes all procedural documents must have monitoring requirements or key performance indicators set by the authors, Committees or Lead Directors. This allows the Trust to routinely monitor the effectiveness and impact of their procedural documents on a regular basis. Procedural Document Title: Equality & Diversity Policy Does this procedural document offer support or evidence for the Trusts registered activities and outcomes? Yes Primarily Additional Not Applicable Additional Is this an NHSLA Document? No Which Standard does this relate to? Which Criterion Not Applicable Choose an item. Choose an item. If other Monitoring requirements are necessary i.e. Health & Safety Act and you should include them here and record them in the External References section Specify where the requirement originates Minimum Requirement / Standard / Indicator to be monitored & Section of document it appears Workforce E&D profile including resourcing and employee relation issues. Process for monitoring Responsible Individual / Group Additional Details i.e. Section number, Code of Practice Frequency of Monitoring Responsible Group for review of results / action plan approval / implementation Comments Review Human Resources Department Quarterly Trust Board E&D data reported in the Trust Board report NB: If you have selected audit you should complete the required audit registration form and standards document and submit these with your expected timescales for completing the audit to quality.admin@mhsc.nhs.uk as soon as possible and no later than 4 weeks prior to the audit commencing. The Group / Committee should also ensure the monitoring work is added to their yearly schedule of monitoring and action logs as appropriate. Page 4 of 11

5 Contents Page Section Title Page Number 1 Introduction Rationale Equality Diversity 6 2 Purpose 7 3 Scope 7 4 Principles 7 5 Definitions Direct Discrimination Associative Discrimination Discrimination by Perception Indirect Discrimination Harassment Victimisation 9 6 Responsibilities within the Organisation All Staff Contractors and their Staff Managers The Director of Workforce and Organisational 9 Development 6.5 Trust Board Human Resources 10 7 References Legislation Trust Policies and Procedures Further Information and Guidance 11 Page 5 of 11

6 Equality & Diversity Policy 1. Introduction This policy sets out to confirm Manchester Mental Health and Social Care Trust s (MMHSCT) commitment to the principles of Equality and Diversity. It details how the Trust will meet its legal, moral and ethical responsibilities in the provision of mental health care and as an employer. 1.1 Rationale MMHSCT recognises that some sections of society experience prejudice and discrimination and The Equality Act 2010 specifically recognises the protected characteristics of Age, Disability, Gender Reassignment, Race, Religion or belief, Sex, Sexual Orientation, pregnancy/maternity and marriage/civil partnership. The Trust is committed to equality of opportunity and anti-discriminatory practice both in the provision of services and in our role as an employer. The Trust believes that all people have the right to be treated with dignity and respect and is committed to, the elimination of unfair and unlawful discriminatory practices and moreover prohibited behaviours as outline within the Act. MMHSCT also is aware of its legal duties under the Human Rights Act Section 6 of the Human Rights Act requires all public authorities to uphold and promote human rights in everything they do. It is unlawful for a public authority to perform any act which contravenes the Human Rights Act. MMHSCT is committed to carrying out its functions and service delivery in line the with a human rights based approach and the FREDA principles of Fairness, Respect, Equality Dignity, and Autonomy 1.2 Equality Equalityis about creating a fairer society where everyone can participate and has the opportunity to fulfil their potential. It is protected by legislation designed to eliminate discrimination based on membership of a particular group in the provision and access to service and employment. 1.3 Diversity Diversity is about recognising and valuing difference in the broadest sense. It is about creating a working culture and practices that recognise, respect, value and harness difference for the benefit of the organisation and individuals. Diversity encompasses visible and non-visible individual differences and by respecting this everyone can feel valued for their contributions which is beneficial not only for the individual but for the Trust. It is also about consideration and valuing all staff s needs regarding such matters as commitments outside work, equal pay, career development and promotion opportunities, trade union activity, opinions and values of all staff. As a public body the Trust has a general duty to:- Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act; Page 6 of 11

7 Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and Foster good relations between people who share a protected characteristic and people who do not share it. The Trust has produced a Public Sector Equality Duty (PSED) publication. The PSED came into force on 6 th April 2011 and placed specific responsibilities on all public authorities, including NHS Trusts. One such duty was a requirement on NHS Trusts to publish information to demonstrate their compliance with the general equality duty by 21 st January The Trust s published information includes: Information on the effect that their policies and practices have had on employees, service users and others from protected groups; Evidence of the analysis undertaken to establish whether their policies and practices will (or have) furthered the three equality aims in the general equality duty; Details of information used in that analysis; and Details of engagement with people with an interest in the aims of the duty. A copy of this publication is available via the following link: al.pdf 2. Purpose This policy sets out the commitment that MMHSCT has towards dealing robustly and fairly with issues of equality of opportunity and anti-discriminatory practice both in the provision of services and in our role as a major employer. It is the intention of the Trust to eliminate unfair and unlawful discriminatory practices in line with current equality legislation. The Trust aims to do this by providing a framework from this policy on which standards are set to enable the Trust to meet its duties in relation to these specific areas around equality and diversity as set out in the document, both as an employer and a service provider. 3. Scope This policy applies to all staff whether working in paid or in a voluntary capacity for the Trust. This policy applies to all activities and functions undertaken by, or on behalf of, the Trust. This document provides the framework from which all strategy, policy and procedure is developed. It sets the standards to enable the Trust to meet its duties in relation to these specific areas below as well as all activities within the Trust as both an employer and a service provider. 4. Principles This policy seeks to: Enhance and promote high quality services which are responsive to different communities and individual needs; Page 7 of 11

8 Ensure the Trust commitment to its responsibilities in relation to the Human Rights Act 1998 and the development of human rights based approach enabling the protection of individual Human Rights; Assist in creating a productive, safe and prejudice-free work environment which treats all employees fairly, equitably and with respect and dignity; Demonstrate and promote a commitment to equality issues to both the community and employees by challenging discrimination and valuing diversity. Promote diversity in communication in all aspects of Trust business but specifically equality issues and ensure that people's views are listened to and responded to e.g. large print, loop system; Improve the motivation, performance, retention, skills and morale of the workforce. Demonstrate our commitment to best practice in employment and service delivery and working towards being a model employer. Ensure all employees are made fully aware of this policy and without exception must adhere to its requirements. Ensure that any employee who feels that they have experienced bullying, discrimination, harassment, or victimisation whilst at work has the right to pursue their complaint through internal policies and procedures. Promote Equality, Diversity and Human Rights as the responsibility of everyone and applies to all. The Equality Act 2010 describes protected characteristics as described in Section 1.1.1, which recognises that some groups in society are more likely to experience prejudice, discrimination and disadvantage. Eliminate prejudice and discrimination in all Trust business and ensure that inappropriate language and behaviour described within the context of this policy, which offends or threatens work colleagues or the public, will not be tolerated. The Trust seeks to encourage language and behaviour which promotes respect and good relations between our employees and all sections of the community. Any employee who feels offended or threatened by the language or behaviour of another can address the issue through the appropriate policies and procedures. Members of the public can use the Trust s Complaints Procedure. 5. Definitions The Equality Act 2010 which became law in October 2010 harmonises and strengthens previous legislation and ensures consistency in compliance with the law. Important definitions within this legislation are:- 5.1 Direct Discrimination Direct Discrimination is where an employee or prospective employee is less favourably treated because of their race, sex, marital status (including civil partnerships), religion, sexual orientation, gender reassignment, age, disability, pregnancy or maternity. This tends to be obvious discrimination, for example, a female candidate with the best qualifications and experience does not get an interview, but a male candidate with less qualifications does. Or, if she is already in a job, she is ignored for promotion, the job going to a less qualified male worker. Page 8 of 11

9 5.2 Associative Discrimination is a direct discrimination against someone because they associate with another person who possesses a protected characteristic. 5.3 Discrimination by Perception is direct discrimination against a person because others think they possess a particular protected characteristic. 5.4 Indirect Discrimination can occur when you have a rule or policy that applies to everyone but disadvantages people with a particular protected characteristic. 5.5 Harassment is extended to employees being able to complain of behaviour they find offensive even if it is not directed at them. This relates to the protected characteristics of Age, Disability, Gender Reassignment, Race, Religion or Belief and Sexual Orientation. 5.6 Victimisation when someone is treated badly because they have made or supported a complaint or grievance under the Equality Act 2010 Discrimination, harassment and/or bullying in any form is viewed as serious and could result in the necessary action being taken under the Trust s Internal Policies, if after investigation under the Anti bullying and Harassment Policy/ disciplinary procedure disciplinary action can be taken if allegations are proven. 6. Responsibilities within the Organisation 6.1 All staff have a personal responsibility for the application of this Policy on a day-to-day basis. This means they must not undertake any acts of discriminatory practice in the course of their employment. All staff must positively promote high equality standards in the course of their employment wherever possible. All staff have a responsibility to bring any potentially discriminatory practice to the attention of either their Line Manager, the Human Resources Department or relevant Trade Union/Professional Associations. The Trust will consider issues such as non capacity and any learning disability at this time before any actions are taken such as a service being removed or reduced. 6.2 Contractors and their Staff have an equal responsibility to ensure that this policy is adhered to. This will be reinforced at pre start meetings which are held where all site rules, regulations and restrictions are articulated including the safe management of tools and onsite expectation of behaviour. 6.3 Managers hold responsibility for ensuring the practical application of this Policy and for the incorporation of its principles into all other Trust policies and procedures. Managers should be aware that they will be expected to positively promote high equality standards in line with the requirements of the Equality Act Trust managers also hold responsibility for ensuring that any changes to services or policies are assessed from an equalities point of view through the Equality Impact Assessment process. 6.4 The Director of Workforce & Organisational Development has specific responsibility for monitoring the effectiveness of this policy and deciding on appropriate actions in response to any needs identified. 6.5 The Trust Board will ensure that all managers are accountable for the promotion and implementation of this Policy. The Trust Board will monitor progress on Equality, Diversity and Human Rights issues on a quarterly basis through the Trust Board report, and will Page 9 of 11

10 ensure the implementation of any relevant actions points and plans concerning Equality, Diversity and Human Rights issues. 6.6 The Human Resources function has specific responsibility to ensure the promotion of equality and inclusiveness through its employment practices, policies and procedures, and in supporting the application of this Policy. 7 References 7.1 Legislation Sex Discrimination Act 1975 Race Relations Act 1976(Amendment 2000) The ECC Equal Treatment Directive 1976 (Amended 2000) Disability Discriminations Act 1995(Amendment 2005) Disability Discriminations Act 1995(Amendment 2005) Human Rights Act 1998 Code of Practice On Age Diversity in Employment 1999 Gender Reassignment Regulations 1999 Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 Gender Recognition Act 2004 Employment Equality (Age) Regulations 2006 The Civil Partnership Act 2004 Equality Act 2010 ACAS The Equality Act What s new for employers? Age Discrimination 2012 (goods and services) 7.2 Trust Policies and Procedures: Disciplinary policy and procedure This Policy set out the general standards of conduct expected of all employees & identify the circumstances in which disciplinary action may be taken. Grievance policy and procedure The aim of this policy is to provide all Trust employees with a defined set of stages that meet statutory requirements, for resolving grievances about work or conditions of service. Anti bullying and Harassment Policy and Procedure The purpose of this policy, therefore, is to provide a framework for raising concerns about bullying and/or harassment and a process for dealing quickly, effectively and consistently with such concerns. Special Leave policy To help staff balance the demands of domestic and work responsibilities at times of urgent and unforeseen needs by the provision of paid or unpaid leave according to circumstances. Flexible Working Policy Page 10 of 11

11 To provide a fair, consistent and effective process for employees to utilise the flexible working options detailed within this policy where applicable and appropriate, and for managers to consider flexible working applications fairly. 7.3 Further information and Guidance For further information and guidance around the contents of this policy please contact the Human Resources department. Page 11 of 11