HUMAN RESOURCES EQUAL OPPORTUNITIES POLIC Policy Manager EO PIN Group Policy Group WAG Forum Policy Established Last Updated September 2008 Policy Review Period/Expiry June 2013 This policy does / does not apply to Medical/Dental Staff (delete as appropriate) UNCONTROLLED WHEN PRINTED
Equal Opportunities Version Control Version Number Purpose/Change Author Date 1.0 Version Control was introduced in July 2011 and the previous versions of this policy, prior to this date, are available in the Electronic Document Store. Christopher Smith
CONTENTS 1. Statement of Intent 2. Background 2.1 Current Law 2.2 Genuine Occupational Qualification 2.3 Pressure to Discriminate 2.4 Victimisation 2.5 Dismissal and Qualifying Period 2.6 Positive Action 2.7 Responsibility of Individual Employees 3. Monitoring 4. Equality & Diversity Impact Assessment (EQIA) 4.1 EQIA 5. Main Elements for the Policy 5.1 Recruitment and Selection 5.2 Career Progression 5.3 Education, Training and Retraining 5.4 NHS Tayside Policies 5.5 Job Evaluation 6. Remedies Under the Policy 6.1 Less Favourable Treatment 6.2 Disciplinary Policy 7. Implementation Plan 7.1 Awareness Raising 7.2 Monitoring 8. Training and Development 8.1 Launch of Policy 8.2 Training 9. Links with Other Policies
EQUAL OPPORTUNITIES POLIC 1 STATEMENT OF INTENT NHS Tayside whole-heartedly supports the principle of Equal Opportunities in Employment as outlined by the Scotland Act. NHS Tayside will ensure the prevention and elimination of unlawful discrimination between persons on grounds of sex, marital status, civil partnership, on racial grounds or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions. NHS Tayside must be able to recruit, develop and retain a diverse workforce that is able to deliver high quality services that are fair, accessible, appropriate and responsive to the diverse needs of different groups and individuals. NHS Tayside must take action to ensure that it is free from direct or indirect discrimination. NHS Tayside will ensure as a good employer that it rises to the challenge of achieving standards that match those of the best, and to be an employer of choice, if it is to recruit and retain the staff it needs and its users deserve. This means demonstrating a commitment to the spirit of fairness and equality, fundamental to the NHS in Scotland. NHS Tayside believes that it is in its best interests, and those who work in it, to ensure that the workforce, talents and skill available throughout the community are considered when employment opportunities arise. To this end, within the framework of the law, we are committed (whenever possible) to achieving and maintaining a workforce which broadly reflects the local community in which we operate. This policy sets out the framework to ensure that individuals, including members of staff, volunteers, temporary staff and bank staff, are treated equally and fairly and that decisions on recruitment, selection, training, promotion and career management are based solely on objective and job related criteria. 2 BACKGROUND The following outlines the main principles relating to the equal opportunities. 2.1 Current Law The main Acts, in Great Britain, on discrimination are: The Equal Pay Act 1970 (as amended) The Sex Discrimination (Gender Reassignment Regulations) 1999 The Race Relations Act 1976 (as amended in 2000) The Disability Discrimination Act 2005 Asylum and Immigration Act 1996 Employment Equality (Age) Regulations 2006 and subsequent amendments Employment Equality (Sexual Orientation) Regulations 2003 and subsequent amendments Employment Equality (Religion or Belief) 2003 and subsequent amendments. Equality Act 2006 (Amends Sex Discrimination Act 1975). The policy wishes also to reflect other current relevant legislation at Scottish, UK and European level.
2.2 Genuine Occupational Qualification Discrimination will not be unlawful if an employer can show that it is necessary for a post to be filled, by a particular sex or by a person from a particular racial group. The circumstances in which such restrictions would be justified are narrow. 2.3 Pressure to Discriminate It is unlawful for a person who has authority over others, either to instruct the others or induce the others by applying pressure, to discriminate. 2.4 Victimisation It is unlawful to treat a person less favourably because he or she has brought proceedings, given evidence at proceedings, or made allegations about discrimination. 2.5 Dismissal and Qualifying Period It is unlawful to dismiss someone on the grounds covered by current equal opportunities legislation. There is no qualifying period for individuals bringing claims against organisations. 2.6 Positive Action The Disability Discrimination Act, The Race Relations Amendment Act and The Equality Act do make some provision for positive action (not to be confused with positive discrimination) which allows NHS Tayside to give groups of employees of one sex or a particular racial group either: Access to training for particular work Encouragement to take advantage of the opportunities for doing that work such as single sex or ethnic minority training programmes It must be stressed that the law allows for NHS Tayside to encourage applications from underrepresented groups. It does not allow for selection to be made simply on the basis of sex or race. In relation to disability this is slightly different in that the law only gives rights to disabled people: NHS Tayside can make reasonable adjustments to allow disabled people to continue to work if they become disabled while in employment If the employer is a Disability Symbol user then they have agreed to interview (but not necessarily to appoint) any applicant that meets the job criteria. As with The Equality Act and The Race Relations Act applications from disabled people can be encouraged. 2.7 Responsibility of Individual Employees Every employee has an individual responsibility to prevent discrimination, co-operate with the policy and draw to the attention of the line managers suspected breaches. Discrimination by an employee will be considered misconduct, which may lead to dismissal in compliance with NHS Tayside s disciplinary policy. The law permits where a complaint is made to an Employment Tribunal by an employee who has been discriminated against and the complaint is upheld, individual employees of the organisation may be ordered to pay compensation in addition to the employer.
3 MONITORING NHS Tayside recognises that monitoring is integral to the success of the policy, and without this information, it is impossible to determine if the implementation of action as a result of the policy is effective in ensuring that all groups are being treated equally. The objective of monitoring is to ensure that, at every stage where decisions are made about individuals, their engagement, promotion, training, treatment, remuneration, hours of work and other working conditions, that no prejudices influence decisions or no indirect discrimination exists which will have an adverse effect on all the strands of diversity. Staff must be reassured that monitoring information collated through the Equalities Monitoring Questionnaire Survey and the Equal Opportunities Monitoring Form will be collected in line with the Data Protection Act. The access to this data will be restricted to those involved in the collection process. The overall responsibility for the introduction and effectiveness of the systems used within NHS Tayside and the monitoring and review of the effectiveness of the equal opportunities policy lies with the Board of NHS Tayside. The Board will appoint an Executive Director who will assume responsibility for equal opportunities within the organisation. NHS Tayside recognises the importance of introducing effective monitoring systems and these are detailed in the implementation plan contained in Section 7. 4 EQUALIT & DIVERSIT IMPACT ASSESSMENT (EQIA) 4.1 EQIA is the process of systematically and thoroughly assessing and consulting on the effects that a proposal or existing policy or strategy is likely to have on different groups of people. Equality and Diversity Impact Assessment (EQIA) is concerned with anticipating and identifying the equality consequences of particular policy initiatives and ensuring as far as possible that any negative consequences for a particular group/people are eliminated, minimised or counter-balanced by other measures. All existing and new policies, strategies and formal committee reports must be assessed for adverse impact on specific groups/people. EQIA needs to be carried out on all policies and details of the impact assessment process must be easily accessible through the key lead/author of the policy. 5 MAIN ELEMENTS FOR THE POLIC 5.1 Recruitment and Selection The following principles will apply within NHS Tayside. 5.1.1 All posts will be advertised unless a restructuring, reorganisation or redeployment situation exists, when separately agreed principles will be followed. Particular attention should be paid in those circumstances to the NHS Organisational Change Policy documents NHS MEL (1999) 7 and NHS MEL (2000) 22 and any subsequent amendment. 5.1.2 Information supplied to candidates following advertisement will state that: NHS Tayside is committed to equality and diversity and welcomes applicants from all sections of the community. This statement ensures that NHS Tayside is committed to Equal Opportunities issues generally. 5.1.3 All job applicants will be asked to complete or return an application form. Assistance and advice will be available should the standard application form or associated information be unsuitable to applicants who have specific requirements.
5.1.4 Certain information is required for equal opportunities monitoring purposes. This will be requested on a monitoring form, which is separate from the application form. This will be held separately and will not be forwarded to the selection panel. Any personal information will be held on a confidential and anonymised basis. 5.1.5 All job applicants who report a disability and who meet the minimum criteria of the person specification will be guaranteed an interview. 5.1.6 Qualifications obtained outwith the UK, which are held to be equivalent to UK qualifications will be given equal weight. Before employment is offered the applicant must provide evidence that any qualifications held are endorsed by the relevant Regulatory Body. 5.1.7 Appointing Officers responsible for recruitment and selection must have undergone training in effective recruitment practices including equal opportunities before they participate in the interview process. Training will be updated if there are changes in employment legislation. Appointing officers will need to update their training to reflect changes in legislation. 5.1.8 If an applicant with a disability is the preferred candidate but there remain practical concerns, NHS Tayside can refer to the disability equality scheme and seek advice / guidance from Human Resources Department. 5.2 Career Progression NHS Tayside will ensure that there is an element of competition in internal promotion or acting up situations. NHS Tayside will not presume that any individuals will not want career progression or an opportunity for advancement/development. 5.2.1 All promoted posts will be advertised internally within the organisation (unless a restructuring, reorganisation or redeployment situation exists when separately agreed principles will be followed). 5.2.2 All applicants will be asked to complete and return equal opportunities monitoring form, which will not be made available to a selection panel. 5.2.3 All applicants will be asked to complete and return an application form. 5.2.4 The guarantee provided under 5.1.5 will also apply to applicants for promoted posts. 5.3 Education, Training and Retraining All employees of NHS Tayside will be afforded access to internal and external training and development opportunities within the overall resources of the organisation in accordance with the organisation training plan and the identified needs of individuals. 5.4 NHS Tayside Policies The NHS Tayside commitment to equal opportunities will be underscored by the impact assessment for equality and diversity of all policies. A full list of policies will be available on the staff intranet. 5.5 Job Evaluation NHS Tayside will adhere to the job evaluation principles which form Agenda For Change to ensure that there is a transparent process for evaluating jobs covered by the agreement. This process will be achieved using the national job evaluation scheme. 6 REMEDIES UNDER THE POLIC A variety of remedies under this policy will be available to staff including the following: -
6.1 Less Favourable Treatment Any employee who believes that he or she is being treated less favourably on the grounds of their gender, sexual orientation, race / ethnicity, disability, religion and belief or age is encouraged to raise the matter through the relevant NHS Tayside policies and procedures. Advice and guidance will be available through the Workforce Directorate, Equality & Diversity Leads, staff side organisations and local managers. 6.2 Disciplinary Policy All staff and managers must adhere to the equal opportunities policy and any breach of the policy will lead to disciplinary action. Care must be taken to ensure that the disciplinary policy is applied in a fair and consistent way. 7 IMPLEMENTATION PLAN NHS Tayside is committed to developing further equal opportunities. This implementation plan details those initiatives/developments, which the organisation will take over the next 12 months to improve equal opportunities within NHS Tayside. 7.1 Awareness Raising The equal opportunities policy will be publicised throughout NHS Tayside using all appropriate communications channels including Staff Briefings, Area/Delivery Unit Partnership Forum, notice boards and Ward and Departmental meetings. Training/Briefing sessions for managers will be held for the launch of the new policy. Heads of Departments will ensure that current staff are aware of their individual responsibilities to comply with the policy. The policy will be highlighted during Staff Induction sessions. All staff will confirm that they have access to the Policy and have read it. 7.2 Monitoring NHS Tayside will work towards using quality indicators for their own management purposes as a matter of good practice. As part of the Race Relations Amendment Act 2000 NHS Tayside has a legal duty to: Monitor employment to ensure equality of opportunity, i.e. the ethnicity of staff in post, applications for employment, training and promotion outcomes. Monitor the ethnicity of and analyse the subsequent results from performance assessment / appraisal, grievance and discipline, staff leaving employment and dismissals. Taking action on findings and to publish the results of diversity monitoring. In addition NHS Tayside to collect data over the six headings of ethnicity, religion and belief, disability, sexual orientation and gender and age in order to meet legal requirements under the Race Relations Amendment Act 2000 and the Race Equality Scheme. Data collected includes the following:- Ethnicity of staff as % of total headcount employed; Female and male staff as % of total headcount employed;
Staff employed in various age bands as % of total headcount employed; Number of staff who declare themselves to be disabled; Number of staff employed in senior posts with regard to the above profiling; Number of new starts looking at all aspects of diversity; % of staff by occupational groups, grade, gender and whether full or part-time; Number of grievance, disciplinary, harassment and violent incidents related to discrimination by gender and race. Indicators of Success The Area Partnership Forum will in conjunction with NHS Tayside develop a set of agreed indicators of success. These may include the following: The ability to demonstrate that they have collected and established a database containing the information detailed in the quality of indicators. All employment policies will reflect the principles of equal opportunities. All NHS Tayside policies will be impact assessed. Employees have a right to access all NHS Tayside policies and the contact person for the provision of further information of these. The organisation must meet the criteria to use the employment service disability symbol (two ticks). New staff are required to be made aware of the Equal Opportunities Policy and their individual responsibilities relating to equality under the policy, as part of their induction training. 8 TRAINING & DEVELOPMENT NHS Tayside is committed to the following Training & Development associated with the equal opportunities policy. 8.1 Launch of Policy The policy will be launched on a Tayside-wide basis along with management guidelines and appropriate training and briefing sessions for managers. 8.2 Training The Equal Opportunities policy will form part of the Induction Training for all new staff. NHS Tayside is committed to developing and delivering specialised training in recruitment and selection. Refresher training in equal opportunities and recruitment and selection processes should be undertaken for all managers on a regular basis as and when required. 9 LINKS WITH OTHER POLICIES The Equal Opportunities policy requires to work in conjunction with other NHS Tayside policies which are available on the Staff Intranet.
NHS TASIDE - POLIC/STRATEG APPROVAL CHECKLIST This checklist must be completed and forwarded with policy to the appropriate forum/committee for approval. POLIC/STRATEG AREA: (See Intranet Framework) WORKFORCE POLIC/STRATEG TITLE: EQUAL OPPORTUNITIES POLIC LEAD OFFICER: DIRECTOR FOR WORKFORCE Why has this policy/strategy been developed? In response to PIN Guidelines Has the policy/strategy been developed in accordance with or related to legislation? Please give details of See Policy applicable legislation. Has a risk control plan been developed? Who is the owner of the risk? Who has been involved/consulted in the development of the policy? Has the policy been assessed for Equality and Diversity in relation to: Race/Ethnicity Gender Age Disability Religion/Belief Sexual Orientation Please indicate yes/no for the following: Does the policy/strategy contain evidence of the Equality & Diversity Impact Assessment Process? Is there an Implementation Plan? Director for Workforce Policy developed in Partnership. Consultation undertaken across Tayside. Has the policy/strategy been assessed for Equality and Diversity not to disadvantage the following groups: Please indicate es/no for the following: Minority Ethnic Communities (includes Gypsy/Travellers, Refugees & Asylum Seekers) Women and Men Religious/Faith Groups Disabled People Older People Children and oung People Lesbian, Gay, Bisexual & Transgender Community es es Which officers are responsible for implementation? When will the policy/strategy take effect? Who must comply with the policy/strategy? How will they be informed of their responsibilities? Is any training required? Awareness sessions If yes, has any been arranged? Are there any cost implications? If yes, please detail costs and note source of funding Who is responsible for auditing the implementation of the policy/strategy? What is the audit interval? Who will receive the audit reports? When will the policy/strategy be reviewed and by whom? (please give designation) Executive Director Immediately All NHS staff Intranet, email, Vital Signs es No Within available resources N/A Area Partnership Forum (APF) early Area Partnership Forum (APF) APF every 3 years or if there is a change in legislation Name: Christopher J Smith Date: March 2009
1. Rapid Impact Checklist Which groups of the population do you think will be affected by this proposal? Minority ethnic people (incl. Gypsy/travellers, refugees & asylum seekers) Women and men People in religious/faith groups Disabled people Older people, children and young people Lesbian, gay bisexual and transgender people N.B. The word proposal is used below as shorthand for any policy, procedure, strategy or proposal that might be assessed. What impact will the proposal have on lifestyles? For example, will the changes affect: Diet and nutrition? Exercise and physical activity? Substance use: tobacco, alcohol or drugs? Risk taking behaviour? Education and learning, or skills? Will the proposal have any impact on the social environment? Things that might be affected include Social status Employment (paid or unpaid) Social/family support Stress Income Will the proposal have any impact on Discrimination? Equality of opportunity? Relations between groups? Will the proposal have an impact on the physical environment? For example, will there be impacts on: Living conditions? Working conditions? Pollution or climate change? Accidental injuries or public safety? Transmission of infectious disease? Will the proposal affect access to and experience of services? For example, Health care Transport Social services Housing services Education People on low income People with mental health problems Homeless people People involved in criminal justice system Staff Other groups: What positive and negative impacts do you think there may be? Which groups will be affected by these impacts? Need to be sensitive to different faiths who require specific dietary requirements. Need to be sensitive to difference needs for Healthy Working Lives N Assessing risks should be taken in a non-discriminatory way All aspects covered by this policy How staff/volunteers are perceived within their social group. This policy covers aspects of pre & post employment practices and existing employment. This policy will impact on social care practice and promotion of worklife balance. This policy will aim to minimise stress by providing fair & transparent equal opportunities and to support staff disclosure Staff s income will not be significantly affected through Equal Opportunities. Aims to eradicate unlawful discrimination in the workplace. Aims to promote all aspects of equal opportunities in the workplace. Aims to promote positive relations between different groups. Maximising equal opportunities can have an impact on earning potential & living conditions. Can affect working conditions where adjustments have to be made which adhere to internal processes, procedures & policies, legislation. N N N Will impact on users, visitors, staff experience of services both access & delivery. - Will impact on users, visitors, staff experience of access to services N N Will impact on interface with education sector, e.g. recruitment fairs, careers talks.
Rapid Impact Checklist: Summary Sheet POSITIVE IMPACTS (NOTE THE GROUPS AFFECTED) NEGATIVE IMPACTS (NOTE THE GROUPS AFFECTED) Retention and recruitment. Minimise stress. Positive impact on grievance and disciplinary hearings. Cultural competent and sensitive employer. Diversity at all levels within the workforce reflecting the communities we serve. Positive impact on how staff feel they are valued and respected within an inclusive working environment. Fair, equal, transparent & consistent employer. Equal opportunities available at all levels within the organisation. Initial increase in grievance & disciplinary hearings. May increase absence rates as a consequence of above. Raising expectations which cannot be met. Timescales may be seen as too lengthy. ADDITIONAL INFORMATION AND EVIDENCE REQUIRED Policy will be monitored through Equal Opportunities & training. Staff will be trained. Policy will be communicated. Monitor workforce statistics to ensure workforce diverse. Monitor grievance & disciplinary hearings. Monitor recruitment & selection & career progression. Compare outcomes against other Health Boards. RECOMMENDATIONS If monitoring does highlight any lack of diversity in the workforce then this will be addressed and action plans developed with timescales. NHS Tayside will monitor the effect of the Policy over next year and any changes required will be implemented and a decision made whether a full EQIA will be needed. FROM THE OUTCOME OF THE RIC, HAVE NEGATIVE IMPACTS BEEN IDENTIFIED FOR RACE OR OTHER EQUALIT GROUPS? HAS A FULL EQIA PROCESS BEEN RECOMMENDED? IF NOT, WH NOT? No negative impacts have been identified for equality groups at this stage. A full EQIA has not been recommended at present but once the Policy has been implemented and its effect monitored over the next year a decision will be taken by the Equal Opportunities Group whether a full EQIA is required. Manager s Signature: Christopher Smith Date: 11 March 2009