EQIA Report on Impacts of Disability Equality Scheme on Staff

Appendix 3

Equality Impact Assessment summary report

Each of the numbered sections below must be completed

1.Title of plan, policy or strategy being assessed.

NHS Lothian Disability Equality Scheme 2009-12

2.What will change as a result of this proposal?

The Disability Equality Scheme aims to address the barriers that disable people and prevent them from accessing effective health care and information about their health, and from gaining fulfilling employment with NHS Lothian. It includes a detailed action plan that sets out the steps that NHS Lothian will take over the next 3 years to eliminate discrimination, promote equal opportunities for disabled people, tackle harassment related to disability, and meet the requirements of the Disability Equality Duty.

The Disability Equality Scheme is built around the UK Equalities Measurement Framework to make it easier to measure progress towards our commitments. It tries to focus on end results rather than processes and policies.

This is a report of an assessment of the impact of the Scheme on staff. A separate impact assessment is planned for impact on patients, carers and the wider community.

3.Date of EQIA

08 October 2009.

4.Who was present at the EQIA?

Name / Job Title / Date of RIA training / Email
Lesley Boyd
Carol Crowther
Lui Giacomello
James Glover / Health Inequalities Manager
Chief Nurse, Quality & Professional Standards
Partnership representative
Head of Equality & Diversity / Nov 08 /

5.Population groups considered

Potential differential impacts
minority ethnic people (incl. gypsy/travellers, refugees & asylum seekers) / Yes. Some disabled staff will be of Black or Ethnic Minority origin. Impacts may be different due to varying cultural attitudes to disability and long term health conditions.
women, men and transgender people / Yes. There are different prevalences of some impairments depending on gender. Transgender staff are at a higher risk of mental health problems.
people in religious/faith groups / Yes. Some staff may have religious beliefs (or the culture they feel a part of may have those beliefs) about disability that are different to others.
disabled people / Yes. There are potential differential impacts on disabled staff according to the category of their impairment, e.g.

Sensory impairments
A physical disability
A learning disability
A mental health condition
A chronic or long-term illness
A cognitive impairment such as Autistic Spectrum Disorder or that acquired following a brain injury
A facial disfigurement.

older people, children and young people / Yes. As the incidence of disability varies with age, and the prevalence of some types of impairment also sometimes depend on age, there will be a differential impact.

lesbian, gay and bisexual people

Yes, for example in terms of mental health conditions among staff who are gay, lesbian or bisexual.

people on low income

Yes. Some types of impairment are more likely to occur in people living on low incomes which may lead to some grades of staff being at higher risk.

people with mental health problems / Yes. There are concerns that staff do not feel confident about disclosing that they have a mental health condition to NHS Lothian.
homeless people / Not significantly. It is not anticipated that many NHS Lothian disabled staff will also be homeless although some may be living in insecure accommodation.
people involved in criminal justice system / Not significantly. It is not anticipated that NHS Lothian disabled staff are more likely to be involved in the criminal justice system than the wider population.
staff / Yes. This impact assessment looks primarily on the impact of this Disability Equality Scheme on NHS Lothian staff.
carers / Yes. It is likely that a significant number of NHS Lothian staff will be carers for a disabled person. Some Staff who are carers will also have a disability.
Other groups (please specify) / No other staff groups were identified.

6.What positive impacts were identified and which groups will they affect?

Impacts / Affected populations
It was felt that the Disability Equality Scheme will have a largely positive impact on disabled staff, whether or not they also have other equality characteristics e.g. they are from an ethnic minority. However a number of issues were felt important enough that the Scheme should be developed to improve its emphasis on these.
Impact on equality & discrimination
The Scheme will have a positive impact on the barriers faced by disabled people to employment, training and promotion. However this will only happen as long as line managers and those recruiting disabled staff are made aware of the provisions of the Scheme and broad disability equality issues.
The revision of the recruitment and selection strategy and development of a training framework will have a positive impact on disabled staff.
Impact on relations between racial groups
It was not felt that the Scheme would have a significant positive or negative impact on relations between different racial groups. However the Scheme should include actions to promote awareness of variance in cultural attitudes to disability so that disabled staff from some ethnic minorities or with certain religious beliefs are given appropriate support in the workplace.
Impact on Harassment
The Scheme was felt likely to have a very positive impact on the potential for harassment of disabled staff, as well as other forms of harassment and abuse. The action plan includes actions to promote disability awareness and Dignity at Work. The Scheme, if implemented properly, will also have a positive impact on staff who acquire a disability as a result of gender-based violence such as domestic abuse.
Impact on promotion of positive attitudes to disabled people
The Scheme has a number of actions to promote positive attitudes to disability. However it was felt that there should be greater emphasis on this aspect to ensure that disabled staff feel more confident about disability equality in the workplace.
Impact on participation of disabled people in public life
If implemented effectively, particularly in relation to promoting positive attitudes to disability, the Scheme would have a positive impact on the confidence felt by disabled staff in disclosing their disability. This will improve the visibility of disability in the workplace at all levels of the organisation.
Impact on taking disabled people’s disabilities into account, even where that means treating them more positively than others
It was felt that while the overall impact of the Scheme will be positive, the action plan should include greater emphasis on developing support for disabled employees and their line managers (particularly in relation to avoiding inappropriate capability proceedings or redeployment). / All disabled staff.
All disabled staff. Disabled people who would like to be employed by NHS Lothian.
As above.
Disabled staff from some minority ethnic backgrounds; disabled staff with some religious beliefs.
All disabled staff, staff who are perceived to be disabled. Staff who acquire a disability as a result of gender based violence.
All disabled staff.
All disabled staff.
All disabled staff.

7.What negative impacts were identified and which groups will they affect?

Impacts / Affected populations
There were concerns that the Scheme might not be as successful as hoped due to the potential for misunderstanding and lack of awareness about disability among staff.
The Scheme does not sufficiently address issues around performance, capability and line management. Specifically there needs to be a greater emphasis on developing guidance and support for line managers so that they understand when capability measures are appropriate for staff who are not performing to perceived standards. An example given was where a line manager might make changes to an employee’s role without reference to the relevant trade union or Employee Relations. There is significant potential for inappropriate job requirements and performance measures to be applied to the employee. For a disabled member of staff this might present difficulties, and give rise to unnecessary workplace stress or capability proceedings.
The Scheme does not sufficiently address issues faced by staff who become disabled during their employment with NHS Lothian. The role of Occupational Health Services and Employee Relations in helping to manage this should be includedin the scope of the Scheme.
The Scheme would benefit from greater emphasis on developing the effectiveness of staff support and advice resources (e.g. Employee Relations) to support staff who report harassment or bullying because of their disability.
The Scheme should include an action to develop training for line managers so that they are better able to cope with diversity in their teams.
Disabled people did not feel that when accessing employment in the NHS extensive experience as service users was not seen as valid in terms of relevant experience for posts. / This may hinder progress for disabled staff, carers and disabled patients.
Disabled staff, especially those in posts where there have been changes to role or expected performance levels.
Staff who become disabled during their employment with NHS Lothian.
Disabled staff. Staff who are perceived to be disabled.
All staff.
Barrier to employment

8.Evidence available at the time of the RIA

Evidence / Available ? / Comments
Data on populations in need / Yes / Overall incidence of disability in the population. Incidence of disability in people of working age.
Prevalence of impairments among people of different ages, genders and ethnic origins.
Data on service uptake/access / No / Not relevant
Data on quality/outcomes / No / None available for disabled staff
Research/literature evidence / No / None used
Patient experience information / No / Not relevant
Consultation findings / No / Not relevant
Good practice guidelines / No / None used
Other (please specify)
Evidence from staff survey about bullying & harassment experienced by disabled staff. / Yes / Relevant to Dignity at Work and harassment elements of Scheme.

9.Additional Information and Evidence Required

Data on redeployment and capability proceedings involving disabled members of staff.

10.What communications needs were identified? How will they be addressed?

Effective promotion of the Disability Equality Scheme was felt to be essential. All existing internal methods should be used (Team Brief, Connections, intranet). There will need to be clear links to the document in e-learning modules and the Knowledge & Skills Framework. Use of different formats should be used as many staff will not read the full document.

11.Recommendations

The Scheme should include actions to address inappropriate redeployment and capability proceedings against disabled staff.
The Scheme should put more emphasis on developing the capacity of Occupational Health Services, Health & Safety and Employee Relations to understand disability issues and/or support disabled staff in the workplace.
Recruitment and selection procedures should be revised to consider including personal experience of receiving health services as relevant experience for certain NHS Lothian jobs.
There should be more emphasis on promoting positive attitudes to disability in the workforce.
Training for line managers should include more emphasis on positive management of diversity in teams.
There should be more effective support and advice for line managers who wish to amend the roles or responsibilities of staff, particularly disabled staff. This should ensure that expected levels of performance are more appropriate and that there is less potential for inappropriate capability proceedings against disabled staff.
The existence of the Scheme should be promoted in e-learning and other training for staff, as well as in the Knowledge & Skills Framework.
The Scheme should be promoted using Connections, Team Brief and internal email.
Implications of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 be considered in terms of its application to disabled people in the development of the NHS Lothian Single Equality Scheme being developed for 2010.

12.As a result of the RIA what actions have been, or will be, undertaken and by when? Please complete:

Specific actions (as a result of the RIA) / Who will take them forward (name and contact details) / Deadline for progressing / Review date

Obtain figures for the number of disabled staff redeployed within NHS Lothian.
Amend the Scheme to include actions relating to capability proceedings and redeployment.
Amend the Scheme to include actions to develop awareness of disability issues in Health & Safety, Occupational Health Services and Employee Relations.
Develop a more comprehensive promotional plan for the Scheme, with particular emphasis on internal communications.
Include revision of training for line managers in managing diversity in the Training Framework developed as part of the Scheme.

/ JG
JG
JG
Equality Leads
JG / December 2009
November 2009
November 2009
November 2009
December 2010 / June 2010
June 2010
June 2010
June 2010
June 2010

13.Who will be consulted about the findings of this impact assessment?

The Report from this EQIA will be published very widely for consultation alongside the Scheme itself. It will also be considered by the Disability Equality Steering Group at their meeting on 6 November 2009. The report will also be sent to all participants in the major involvement event held on 5 August 2009.

Manager’s Name: James Glover

Date: 10 October 2009

Please send a completed copy of the summary report to:

James Glover, Head of Equality and Diversity

Note that you may be contacted by a member of NHS Lothian’s impact assessment group for quality control and/or monitoring purposes.