HERTSMERE BOROUGH COUNCIL

EQUALITY POLICY

“Ensuring equality in all we do”

September 2011

CONTENTS

1Executive Summary

2Introduction

3Statement of Policy

4Purpose of Policy

5Our Vision

6Understanding our Community

7What is the Equality Act

8The Public Sector Equality Duty

9Our Equality Policy Objectives

10Equalities in Employment

11Responsibilities

12Partnership Working

13Equalities and Diversity Monitoring

14Consultation

15Implementation

16Evaluation

17Breaches of the Policy

Appendix A – Protected Characteristics – Definitions

1EXECUTIVE SUMMARY

1.1Our equality policy demonstrates how we will ensure our services reflect fairness and equality. The aim of the public sector duties is to ensure our services are available to all sections of society and to ensure fairness for anyone who might suffer discrimination, to advance equality of opportunity for people with protected characteristics (age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion or belief, sex and sexual orientation) and to ensure all our communities get on well together.

1.2This policy has been developed in line with the requirements of the Equality Act 2010. The policy aims to ensure that Hertsmere Borough Council meets all the obligations placed on us by equality legislation.

1.3Hertsmere Borough Council recognises the need to include all protected characteristics within this policy, to ensure a full commitment to promoting equality and diversity.

1.4We are committed to integrating equality considerations into all our future strategies, policies and procedures.

2INTRODUCTION

2.1The Equality Act came into force on 1 October 2010. On 5 April 2011 the new Public Sector Equality Duty (PSED) came into force to bring together the previous duties on race, disability and gender into a single duty and extending the duty to cover age, sexual orientation, religion or belief, pregnancy and maternity, and gender reassignment.

2.2The general duties now in force require Hertsmere Borough Council, when exercising its functions, to have due regard to the need to eliminate discrimination, harassment, victimisation and other conduct prohibited under the Act; promote equality of opportunity for all and foster good relations with individuals with protected characteristics.

2.1Hertsmere Borough Council’s Equality Policy aims to provide a framework that sets out how the council intends to meet its duties under relevant anti-discrimination legislation and Codes of Practice. The purpose of this policy is to set out the arrangements to help reduce inequality, eliminate discrimination, promote good relations and to protect human rights in line with the duties of the Equality and Human Rights Commission (EHRC) and the Equality Act 2010.

2.2We are working towards achieving the highest standards of equality and diversity using the Equality Standard for Local Government. This Standard provides a framework through which we continue to ensure our practices are legal and do not discriminate.

3STATEMENT OF POLICY

3.1Hertsmere Borough Council is committed to addressing equality and diversity, ensuring equality in all we do. It is one of our four corporate values which underpins the vision in the Corporate Plan ‘Working with you, for you, improving our communities, our places”. We value and listen to each other and understand and acknowledge the contributions our differences make.

3.2We each have our own unique needs, skills, qualities and abilities and we value this diversity. As a leader in our community, we will promote and encourage diversity by welcoming people and taking appropriate action to improve quality of life. We will lead in the promotion of diversity and equality issues where we work in partnership or have influence, and challenge others to do the same.

3.3This is the council’s document which guides our approaches to equality, diversity and inclusion. It builds on our experiences and lessons learnt in the last three years and sets out what, why, how and by whom action will be taken in response to the statutory requirements of the Equality Act 2010. Furthermore, the council will ensure that all future policies and procedures are developed in line with the requirements of this document and that voluntary organisations, contractors and institutions acting on behalf of or as agents of the council do not practice unlawful acts of discrimination.

4THE PURPOSE OF THIS POLICY IS TO:

4.1Provide all staff and members of the council, partner organisations and Hertsmere residents with a clear statement of the council’s strategic direction on one of its key objectives to promote a cohesive community, to promote equality and diversity and eliminate discrimination in service delivery and employment.

4.2Make clear the council’s commitments in fulfilling its legal obligations to achieve equality of opportunity in the areas of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

4.3Ensure that our equality objectives are consistently applied throughout the council.

4.4This policy links with a number of other council strategic policies to ensure implementation of it within strategic policies including:

  • Hertsmere Together – Community Strategy 2010-2021
  • Hertsmere Corporate Plan – 2009-2013
  • Local Development Framework
  • Workforce Strategy – 2010-2015

4.5The council recognises the importance of reviewing its strategies, policies and practices to ensure that they continue to reflect the council’s vision, corporate goals, and key objectives.

4.6Currently Hertsmere has a generic equality scheme which reflects the statutory duties of the council in line with the consolidation of the equality commissions into the Equality and Human Rights Commission and incorporates our race, disability and gender equality schemes.

4.7This revised policy is based on the new Equalities Act 2010 which effectively replaces all previous anti-discrimination laws with a single Act. It sets out our existing legal responsibilities for public service delivery and employment with regard to race, disability and gender, and extends further to include the protected characteristics of age, sexual orientation, religion and belief, gender reassignment, pregnancy and maternity, marriage and civil partnership,

4.8It will help us to meet the following objectives:

  • Assist in providing community cohesion and integration
  • Improve our knowledge and awareness of equality and diversity issues
  • Support our partnership work towards equality and diversity
  • Help us fulfil our legal duties

5OUR VISION

5.1Our Vision for Hertsmere Borough Council

Hertsmere Borough Council is a public service organisation whose purpose is to deliver high quality, value for money services for our communities. Our vision, ‘working with you, for you, improving our communities, our places’ reflects our commitment to:

  • Community engagement – ‘working with you’
  • Service – ‘for you’
  • Our communities – ‘improving our communities’
  • Our place shaping role – ‘our places’

5.2Our Priorities

  • Safer Communities
  • Quality Environments
  • Healthy, thriving communities
  • Economic wellbeing
  • Decent Homes

5.3Our Values

  • Being of service
  • Ensuring equality in all we do
  • Integrity and openness
  • Invest in employees

6UNDERSTANDING OUR COMMUNITY

6.1Borough Profile

Detailed information about Hertsmere is published on the website Statistics provide a snapshot in time, and the Council recognises the importance of real time observations and qualitative data about the area. Once the results of the Census undertaken in 2011 are known, the statistical information will be updated.

6.2The resident population of Hertsmere, as measured in the 2001 Census, was 94,450, of which 48% were men/boys and 52% were women/girls. The population estimate of the borough mid 2008 is 98,700. There is a slightly higher population of pensioners than the national average with 15.8% of residents aged more than 65 years. It is predicted that the population of the borough will reach 110,000 by 2021.

6.3Hertsmere is becoming an increasingly diverse borough with considerable changes in its ethnic make-up. The largest minority groups are Asian, Mixed, Black and Chinese. Hertsmere has the second highest proportion of black and ethnic populations in Hertfordshire (Source: 2001 Census). After Watford, Hertsmere is the most diverse district in Hertfordshire. According to the 2006 population estimates, 12% of the population are not from a White British or Irish background. Hertsmere is the centre of Hertfordshire’s Jewish community - almost 60% live in the borough. Hertsmere also has a large Indian population of almost 2,300 people, who mainly follow the Hindu faith and is home to the UK headquarters of the International Society for Krishna Consciousness. There is a growing Black African population in Borehamwood: estimates indicate there are over 400 children aged 0-15 of Black African or White and Black African background living in the borough.

6.4Diversity gives rise to different needs. The council’s provision of appropriate services is a challenge permeating all that we do. The Council will ensure that local needs are met and will focus attention on people in the greatest need.

6.5Hertsmere is a relatively affluent area with low unemployment, good levels of education and a low crime rate. However, there are a number of localised pockets of deprivation in areas across the Borough.

6.6We are working on gathering more data about the borough as we recognise that, in many cases, we only have limited information and evidence about the extent to which our services take account of all the protected characteristics. We will ensure that we will fully explain the reasons why we are collecting the data and that it will help us ensure our services are accessible by all.

6.7We will ensure that our monitoring arrangements are proportionate to the size of the relevant service, the nature of the policies concerned and the potential impact on the public.

6.8Workforce Profile

The council continues to recruit and retain a diverse workforce that reflects our local population.

  • The percentage of employees from ethnic minorities increased from 7.22% in 2007/08 to 13.5% in 2008/09. There was a decrease in 2009/10 to 10.82%, but this still reflects a very respectable percentage of the population in Hertsmere who are from an ethnic minority.
  • The percentage of employees who are female is 50.32%
  • The percentage of employees who have a disability is 2.2%
  • The percentage of the top 5% earners who are male is 68.75%
  • All of the council-owned buildings are accessible to people with a disability.

7WHAT IS THE EQUALITY DUTY?

7.1The duty harmonises and replaces previous legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995). The Act covers the same groups that were protected by existing equalities legislation, and extends some protections to characteristics that were not previously covered. The Act also places a new duty on public bodies – Public Sector Equality Duty (PSED). The Equality Duty is a duty on public bodies and others carrying out public functions. It ensures that public bodies consider the needs of all individuals in their day to day work – in shaping policy, delivering services and in relation to our own employees.

7.2The new Equality Duty supports good decision-making – it encourages us to understand how different people will be affected by our activities so that policies and services are appropriate and accessible to all and meet different people’s needs. By understanding the effect of our activities on different people, and how inclusive public services can support and open up people’s opportunities, we are better placed to deliver policies and services that are efficient and effective. The Equality Duty therefore helps us to deliver the Government’s overall objectives for public services.

7.2The new Equality Duty replaces the three previous public sector equality duties – for race, disability and gender. The new Equality Duty covers the following protected characteristics:

  • age
  • disability
  • gender reassignment
  • race
  • religion or belief
  • sex
  • sexual orientation
  • marriage and civil partnership (but only in respect of the requirement to have due regard to the need to eliminate discrimination)
  • pregnancy and maternity

At Appendix A you will see the definitions for the above protected characteristics.

7.3The new Equality Duty is designed to reduce bureaucracy while ensuring we play our part in making society fairer by tackling discrimination and providing equality of opportunity for all.

8THE PUBLIC SECTOR EQUALITY DUTY

8.1The equality duty has three aims. It requires us to have due regard to the need to:

  • Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act. This involves removing or minimising disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
  • Advance equality of opportunity between people who share a protected characteristic and people who do not share it. This involves taking steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; and
  • Foster good relations between people who share a protected characteristic and people who do not share it. This involves encouraging persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

8.2Having due regard means consciously thinking about the three aims of the Equality Duty as part of the decision-making process. This means that consideration of equality issues must influence the decisions reached by Hertsmere Borough Council – such as how we act as employers; how we develop, evaluate and review policy; how we design, deliver and evaluate services and how we commission and procure from others.

8.3Having due regard to the need to advance equality of opportunity involves considering the need to:

  • remove or minimise disadvantages suffered by people due to their protected characteristics;
  • meet the needs of people with protected characteristics; and
  • encourage people with protected characteristics to participate in public life or in other activities where their participation is low.

8.4Fostering good relations involves tackling prejudice and promoting understanding between people who share a protected characteristic and others.

8.5The general duty (s.149[1]) applies to public authorities in relation to all their functions. The duty also applies to other organisations that carry out public functions on behalf of a public authorities. This means any organisation in any sector (i.e. public, business and voluntary sectors) who we commission to deliver council services.

8.6This general duty must inform the work of all services within Hertsmere and be a part of everyday service delivery within a public sector organisation. All service policies, procedures and activity should reflect this duty.

8.7The regulations for the specific duties (s.153) state that Hertsmere must publish sufficient information annually (or at least annually) to demonstrate compliance with the general duty outlined above. The regulations also state that the published information must include information on the effect policies and practices have had on protected groups (including own employees and external customers). There are two overarching specific duties:

  1. Publishing equality information annually, including:
  • Workforce profile data
  • The effect of policies and practices on protected groups;
  • Evidence of analysis and information considered;
  • Details of engagement
  • Published in a manner accessible to the public
  1. Preparing and publishing equality objectives at least every 4 years, including:
  • Details of engagement;
  • Objectives that are specific and measureable;
  • Setting out how progress will be measured;
  • Showing overall compliance with the above regulation (publication of equality information);
  • Published in a manner accessible to the public.

8.8Guidance from the Equality and Human Rights Commission suggests that this equality data could be published within an existing annual report and also recommends that the information is published in one place to make it more accessible.

8.9The published information must also include information to demonstrate the extent to which the council has furthered the aims of the general duty. For example how we advanced equality. On this basis we must also publish:

  • Evidence of analysis undertaken to establish whether our policies and practices would further, or had furthered the aims;
  • Details of information we considered when undertaking the analysis; and
  • Details of engagement undertaken with persons who we considered to have an interest in furthering the aims.

8.10Legislation and guidance does not prescribe exactly what information needs to be published to meet the duties – the regulations described above only provides a general indication. It is within our discretion to decide exactly what information will be deemed sufficient to help meet the general duties.

9OUR EQUALITY POLICY OBJECTIVES

9.1Hertsmere Borough Council will:

  • Lead by example to improve equality and diversity practice
  • Diversity and Accessibility at the core of all our work
  • Consult, involve and feedback to our community and our employees to improve equality and diversity practice
  • We will consult and involve representative groups, networks and individuals covering all equality areas and communities of interest, to help inform our future activities.
  • Take action to provide services fairly to all sections of the community
  • Monitor service use to identify groups within the community whose needs are less well met by reviewing and assessing the impact of existing policies and practices. Improve equality by removing barriers identified and promoting good equality practice.
  • Ensure equality in the workplace
  • Maintain fair recruitment, employment and equal pay policies and practices, in order to recruit and retain a workforce with the ability and skills to deliver services effectively to a diverse range of citizens.
  • Communicate our equality and diversity objectives effectively
  • Communicate our equality and diversity objectives to our existing and potential service users, employees, job applicants, partners and the wider community.

10EQUALITIES IN EMPLOYMENT

10.1It is the intention of the Council that its workforce, at all levels, should reflect the composition of the borough’s population. To achieve this, the Council will take positive steps as appropriate to eliminate discrimination and promote equality in employment.

11RESPONSIBILITIES

Within the council, all elected representatives and staff have a part to play in preventing and challenging discrimination and in implementing this policy.