FACTSHEET Equality, Diversity & Human Rights Legisla on Promo ng equality Valuing individuals Discrimina on Reasonable adjustments Respect behaviours A quick way to update mandatory training Please note: there are only 2 a empts at the eassessment. Produced by : Learning & Development and based on the Core Skills Training Framework With thanks to: North West Health Sector Page 1 Last Updated: January 2016
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Introduc on This fact sheet will give you key guidance on Equality and Diversity. It aims to provide you with an update on the importance of Equality and Diversity. The public sector equality duty requires all public sector organisa ons to eliminate unlawful discrimina on, advance equality of opportunity and foster good rela ons between different groups. The Equality Delivery System is a tool that trusts can use to fulfil their public sector equality duty. Further informa on can be found on the Trust intranet site or by comple ng the Equality and Diversity elearning programme on ESR. You might like to refresh your training with this factsheet if you are about to a empt the eassessment. Learning Objec ves This factsheet will help you: understand the terms of Equality and Diversity and Human Rights and how they are applied within the context of the health sector understand how a proac ve inclusive approach to equality and diversity and human rights can be promoted understand the benefits that an effec ve approach to equality and diversity and human rights can affect society, organisa ons and individuals understand how legisla on, organisa onal policies and processes can empower individuals to act appropriately and understand people s rights know how to treat everyone with dignity, courtesy and respect and value people as individuals know what to do if there are concerns about equality and diversity prac ces, including how to use any local whistle blowing policy procedures and other related policies such as Bullying at Work and Dignity at Work. Sec on 1: Defini on of equality and diversity Equality and Diversity affects us all. Equality and diversity is about crea ng a fairer society where everyone can par cipate and has the opportunity to fulfil their poten al. Equality does not mean trea ng everyone the same, but making sure people are treated fairly. Diversity is about valuing and recognising differences, people are unique and have differing needs. (Source: Key Skills Framework) Page 3
Sec on 2: Your responsibili es You do not only have rights under equality laws but you also have responsibili es and must support your employer in pu ng equality legisla on into prac ce. Your responsibili es include: repor ng any evidence or suspicions you may have of discrimina on or harassment taking place. you must not harass, bully or abuse others. if someone makes a complaint or provides informa on rela ng to discrimina on you must not vic mise them. you must ensure that everyone is treated as an individual with dignity and respect. Treat pa ents with dignity by: involving them in their care plans providing single sex accommoda on listening to pa ents concerns and responding to them being sensi ve to cultural backgrounds calling pa ents by their preferred name ensuring pa ents are appropriately covered and warm ensuring pa ents privacy when they go to the toilet and when washing Sec on 3: Equality Act (2010) The Equality Act (2010) replaces 9 pieces of legisla on, including: Race Rela ons Act 1976 Disability Discrimina on Act 1995 and 100 statutory instruments. It harmonises and simplifies Equality and Diversity law and ensures consistency in what employers need to have in place to make the workplace a fair environment and to comply with the law. The Act covers the same groups that were protected by previous equality legisla on and extends some protec ons to some of the groups not previously covered, and also strengthens par cular aspects of equality law. The general duty states that NHS organisa ons must eliminate unlawful discrimina on, harassment and vic misa on; advance equality of opportunity between different groups; foster good rela ons between different groups. NHS organisa ons must publish equality informa on annually to promote accountability and transparency. Page 4
Sec on 4: Protected characteris cs Under the Equality Act there are nine protected characteris cs. Protected characteris c Defini on Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion and belief Sex Sexual orienta on Refers to unfairly trea ng people because of their age e.g. within the NHS professionals must not base decisions about care and treatment on age instead of a proper assessment of an individual s needs. A person has a disability if s/he has a physical or mental impairment which has a substan al and long term adverse effect on that person's ability to carry out normal day to day ac vi es. The process of transi oning from one gender to another. A person is legally married if the union is recognised as a marriage under UK law. Same sex couples can have their rela onships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal ma ers. Pregnancy is the condi on of being pregnant or expec ng a baby. Maternity refers to the period a er the birth, and is linked to maternity leave in the employment context. In the non work context, protec on against maternity discrimina on is for 26 weeks a er giving birth, and this includes trea ng a woman unfavourably because she is breas eeding. Refers to the protected characteris c of Race, a group of people defined by their race, colour, and na onality (including ci zenship) ethnic or na onal origins Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). A man or a woman. Whether a person's sexual a rac on is towards their own sex, the opposite sex or to both sexes. People who belong to these nine groups have what are called protected characteris cs. It doesn't ma er whether any of these characteris cs apply to you, or the people in your life. If you are treated worse because someone thinks you belong to a group of people with protected characteris cs, this is discrimina on. The Act now also protects you if people in your life, such as family members, friends or co workers have a protected characteris c and you are treated less favourably because of that. For example, you are discriminated against because your son is gay. Page 5
Sec on 5: Fairness Staff need to take posi ve ac on to challenge prejudice at every opportunity and treat people according to their needs. Fairness is underpinned by: Showing respect for all Providing equality of opportunity Trea ng people according to their needs Making reasonable adjustments Taking posi ve ac on to challenge prejudice and discrimina on. Sec on 6: Reasonable adjustments The most important part of the law against disability discrimina on is the duty on employers to make reasonable adjustments. Employers need to ascertain if adjustment will resolve the problem, how prac cal it will be and any financial and other costs. Some examples of reasonable adjustments are: Allowing disabled staff to work reduced hours where appropriate Allowing disabled staff to perform reduced du es where appropriate Providing specialist equipment where appropriate Examples of unlawful exclusions could be: Not providing hearing induc on loops Not providing key health informa on in accessible formats Offering services on the first floor with no li Refusing to allow a drunken abusive visitor into the hospital Sec on 7: Human Rights Act 1988 Human Rights Act (1998) The Human Rights Act offers a prac cal tool to help support NHS organisa ons to put the individual at the heart of the decision making process and make decisions that be er protect the interests of service users, staff and carers. (Department of Health, 2008) Human Rights based approach The Human Rights Act is underpinned by the core values of Fairness, Respect, Equality, Dignity and Autonomy for all. These values are at the heart of high quality health service. This human rights based approach goes beyond the 9 protected characteris cs to outlaw discrimina on on all grounds. Page 6
Sec on 8: Types of discrimina on Discrimina on in its legal sense is categorised into direct and indirect discrimination. Anyone who comes in contact with the NHS could be subject to discrimina on. This applies to carers, visitors and volunteers as well as employees and pa ents. Type of discrimina on Direct discrimina on Defini on When someone is treated less favourably than another person because of a protected characteris cs Examples Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Religion and belief, Race, Sex, Sexual orienta on Indirect discrimina on Associa ve discrimina on Perceived discrimina on Occurs when the effect of condi ons, prac ces or requirements imposed, has an unreasonably detrimental impact on one group over another. Is discrimina on against an individual because of an associa on with another person who has a protected characteris c under the Equality Act 2010. Is the unlawfully discrimina on against someone on the mistaken assump on they hold a protected characteris c Your employer insis ng all male colleagues must be clean shaven. This rule could be pu ng members of certain religious sects at a disadvantage. A non disabled employee who is discriminated against because of ac on she needs to take to care for a disabled dependant. A man who is not gay is discriminated against because of a belief that he is. Sec on 9: Stereotyping, prejudice and vic misa on Stereotyping is an overgeneralisa on or fixed belief about a par cular group of people. Prejudicial behaviour is favouring or disfavouring an individual because of your preconceived ideas. E.g. relating to their age, sex, race, nationality, sexuality, etc. Victimisation is when someone is treated less favourably because they have raised an issue under provisions of the legislation. E.g. Race Relations Act. Page 7
Sec on 10: Bullying and harassment Bullying and harassment is behaviour that makes someone feel in midated or offended it damages an individuals self confidence and self esteem. It is unwarranted humilia ng, offensive behaviour towards an individual or group of employees. Harassment is unlawful under the Equality Act. The effect on the individual is more important than the inten on of the bully/bullies. Bullying or harassing behaviour could include: spreading malicious rumours unfair treatment picking on someone regularly undermining a competent worker denying someone s training or promo on opportuni es It is an employer s responsibility to have procedures in place to prevent bullying and harassment. They will be liable for any harassment suffered by their employees. Challenging prejudice and discrimina on The fight against discrimina on, and comba ng underlying prejudices, are central to the human rights approach in the NHS. We all need to challenge prejudice and discrimina on whenever and wherever we meet it. This in itself can be a difficult issue, but remember not challenging is not a neutral act, it can be seen as collusion. Sec on 11: RUH Respect behaviours The following are the posi ve behaviours agreed between the Trust and its Staff Side to be expected of all Trust staff: Treat others as you would like to be treated Listen to and support others and make me to do so Seek, acknowledge and value others' experience and contribu on Acknowledge others' beliefs Be courteous and considerate to all Treat others fairly and equally Be honest and trustworthy and act with integrity Encourage others to treat all staff with respect Challenge the behaviour of staff who do not show respect to others. Our a tude towards others determines their a tude towards us. Earl Nigh ngale Page 8
Sec on 12 : Valuing your colleagues Page 9
Sec on 13 : Useful contacts Trust Lead Job Title Contact details Angela Hayday Sue Smith Employee Assistance Programme (EAP) Equality and Diversity Lead Training Associate Director of Learning and Development Equality and Diversity Lead Human Resources Deputy Director of HR A Confiden al Informa on and Counselling Service for Staff and their Families 6318 4469 01225 824756 Sec on 14 : RUH Policies Visit the RUH intranet for more informa on on equality and diversity and links to useful policies: Raising concerns policy Bullying and harassment policy Royal United Hospitals Bath NHS Founda on Trust Published: January 2016 Filename: Equality and Diversity Factsheet v2.pub Loca on: Educa on Centre shared drive 12/02/11/01/08 Page 10