EQUALITY IMPACT ASSESSEMENT INITIAL FORM (FOR HR POLICIES) Name of policy/procedure/function to be assessed: H01 Disciplinary Procedure Name of manager responsible for this policy/procedure/function: Martin Cox HR Professional Services Manager Name of officer(s) undertaking this assessment: Jennifer Jackson, Senior HR and Change Advisor Directorate OD&HR Department HR Professional Services Date July 2011 Is this new or existing policy/procedure/function to be assessed: This is an existing policy. It was reviewed and updated in January 2010 because of the implementation of The Employment Act 2008. Step 1 Description of policy/procedure/function Describe the aims, objectives and purpose of the policy/procedure/function and how they are related to wider aims or strategic objectives The primary purpose of this policy is to specify the procedure for dealing with employee misconduct. It aims to help all employees achieve and maintain satisfactory standards of behaviour that comply with the Council s rules and resolve misconduct issues promptly as they arise. This procedure does not apply to matters of: Grievance; Capability; Sickness (unless there is good reason to believe the absence or ill health is not genuine); and Bullying, harassment, discrimination and 1
victimisation for which separate procedures exist. Who is intended to benefit from the policy/procedure/function and in what ways? The procedure applies to all employees other than: Chief Executive; Chief officers; Uniformed fire officers (including fire control); School based staff; Employees within their probationary period; and Employee groups already covered by specific national agreements, for who separate procedures exist. What are the intended outcomes of this policy/procedure/function? The procedure is intended to assist managers understand their responsibility for addressing issues of alleged employee misconduct at an early stage before matters escalate. Where such misconduct is identified, it provides a clear process to follow which aims for an outcome which is fair, reasonable and constructive, and consistent with the Council s commitment to service delivery. The procedure is intended to help and encourage employees to improve rather than just being a way of imposing disciplinary penalties. Detail the impact that the current policy is having. This policy has a positive impact as it provides a transparent procedure for dealing with matters of employee misconduct which is compliant with legislation and the ACAS Code of Practice on Disciplinary and Grievance Procedures. The Council recognises that disciplinary rules and procedures help to promote good employment relations as well as fairness and consistency in the treatment of individuals. Step 2 Data Legislation Applicable The following legislation applies to this policy: The Employment Act 2008 The Equality Act 2010 2
What baseline quantitative (statistics) do you have about the policy/procedure/function relating to equalities groups (e.g. workforce profile compared to proportions in the population, schoolchildren profile, profile of school leavers etc.) relevant to this policy/procedure/function? What qualitative data (facts) do you have on different groups (e.g. results of previous consumer satisfaction, staff survey, feedback or evidences from other authorities undertaking similar work), relevant to this policy/procedure/function? HR Advisory casework Customer satisfaction data/surveys regarding conduct of staff. Employee surveys The policy was developed in accordance with the guidance contained within the ACAS Code of Practice on Disciplinary and Grievance Procedures. Step 3 Policy implementations for community and workforce Consultation Undertaken Add evidence of consultation; any concerns raised and resolved; opinions from key stakeholders. Any barriers known or identified. people from different ethnicity? (positive, negative, neutral impact) Consultation has been undertaken with the trade unions recognised by the Council. Revision to the policy was agreed at the Council Consultation and Negotiation Forum Policy Subgroup in January 2010. Are there any concerns that the gender, including transgender people? 3
disabled people (including children with special needs)? lesbian, gay; bisexual or transgender people compared to heterosexual people? younger (16-25 years) and older people (65+)? 4
people from religious, faith/belief? human rights as stated in the Human Rights Act? If there are concerns that it may conflict with the human rights please seek legal advice at the earliest stage. The procedure complies with Article 6 of the Human Rights Act by providing a right to a fair hearing before an independent panel within a reasonable timeframe. The policy will help to ensure that the Council fulfils its statutory duty to promote equality of opportunity and to eliminate unlawful discrimination, harassment or victimisation; and its duty of care to protect employees. Action Required or Identified Please detail any action taken or plans to resolve any issues arising. State what has been resolved and any outstanding actions. (Please detail and attach). This policy will continue to be reinforced through line managers, the information provided during recruitment & selection; through the staff induction process and ongoing during employment with the Council. 5
Disciplinary and investigation skills training is provided for managers and staff trained in mediation skills are available to provide independent mediation to help resolve disciplinary issues where appropriate. The policy will support managers and employees in providing clarity on the disciplinary procedure. It is accessible to all employees via the HR Handbook or on request. Step 4 -Screening assessment In light of the above, do you consider that your policy / procedure/ function requires a full impact assessment? NO Name of Director: Martin Cox Date: 07.12.11 Signature: GET THE DOCUMENT SIGNED OFF BY A DIRECTOR, HAVE IT AVAILABLE ON SHAREPOINT, AND KEEP IT ON FILE AS YOUR PART 1 EQUALITY IMPACT ASSESSMENT. COPY IT TO THE EQUALITIES TEAM. Author: Date: File ref: Confirm entered onto EIA database and date: 6