EQUALITY and DIVERSITY POLICY
Human Resources Department
Norfolk and NorwichUniversityHospital
Date Policy first issued / December 1994Date Policy Revised / October 2000; April 2005, interim review April 2014
Next Review Date / April 2015 / Policy No EP 6.1
Review Frequency
Author
E-mail of Author
TABLE OF CONTENTS
SECTION / ITEM / PAGE1.0 / Policy Statement / 3
2.0 / Principles / 3
3.0 / Supporting Legislation / 4
4.0 / References / 4
5.0 / Scope / 4
6.0 / Definition of Equality, Diversity and Positive Action / 5
7.0 / Definition of Discrimination / 5
7.1 / Direct Discrimination / 6
7.2 / Indirect Discrimination / 6
7.3 / Victimisation / 6
8.0 / Equal Opportunities Procedures / 6
8.1 / Recruitment, Selection and Promotion of Employees / 6
8.2 / Training, Education and Development / 6
8.3 / Services for Disabled Persons and Employees / 7
8.4 / Tackling Racial Discrimination / 7
8.5 / Quality of Working Life / 8
8.6 / Supporting Religious and Cultural Needs / 8
9.0 / Responsibilities / 8
10.0 / Monitoring / 9
11.0 / Handling Complaints of Discrimination / 10
Appendix A / Summary : Summary Document for Employees / 11
Appendix B / Flowchart : Guidance for Handling Complaints / 13
1.0POLICY STATEMENT
1.1The Norfolk and Norwich University Hospitals NHS Foundation Trust (hereafter referred to as “the Trust”) recognises that discrimination is both unlawful and unacceptable. The Trust is committed to being an equal opportunities employer and to building equality, diversity and inclusiveness in to everything that it does. The Trust will ensure that all employees are treated fairly, with dignity and respect, irrespective of their gender, race, age, disability, sexual orientation, colour, marital status, religion, ethnic or national origin, HIV status, political affiliation or trade union membership and gender reassignment. The Trust wishes to promote a culture where employees are able to seek, obtain and hold employment without discrimination, harassment and infringement of their human rights.
2.0PRINCIPLES
2.1The NHS Executive is committed to building a NHS workforce which is valued and whose diversity reflects the communities it serves, enabling it to deliver the best possible healthcare service to those communities. The NHS Human Resources Strategy ‘Working Together’ and ‘Improving Working Lives’ requires Trusts to improve the quality of working life for employees in the NHS and to make the NHS a better place to work.
2.2‘The Vital Connection’ (Department of Health 2000) seeks to promote this commitment through an equalities framework addressing three strategic aims:
Aworkforce for equality and diversity
To recruit and retain a workforce that is able to deliver high quality services that are accessible, responsive and appropriate to meet the diverse needs of different groups and individuals.
A better place to work
To ensure that the NHS is a fair employer achieving equality of opportunity and outcomes in the workplace.
A service using its leverage to make a difference
To ensure that the NHS uses its influence and resources as an employer to make a difference to the life opportunities and the health of its local community, especially those who are excluded or disadvantaged.
2.3As a Trust working towards becoming a Positively Diverse[1] site the Trust aims to take a strategic approach in addressing equality and diversity issues within the Trust. The Positively Diverse process will aid the Trust in achieving Improving Working Lives and to achieve its targets as set out in the Vital Connection and the Human Resources Performance Management Framework, whilst also bringing about cultural change.
2.4These principles are in accordance with the principles stated in the Agenda for Change NHS Terms and Conditions of Service Handbook, the NHS Equality Framework and the NHS Action Plan on Tackling Racial Harassment.
2.5Account has also been taken of relevant Codes of Practice issued by the Commission for Racial Equality, Equal Opportunities Commission and the Disability Rights Commission.
3.0SUPPORTING LEGISLATION
3.1There is a plethora of statutory requirements that the Trust must recognize and respond to in addressing equality and diversity issues.
- Sex Discrimination Act 1975 (updated 1986)
- Race Relations Act 1976
- The Race Relations (Amendment) Act 2000
- Race Relations Act 1976 (Amendment) Regulations 2003
- Disability Discrimination Act 1995
- Employment Equality (Sexual Orientation) Regulations 2003
- Employment Equality (Religion and Belief) Regulations 2003
- Human Rights Act 2000
- Equal Pay Act 1970
- Rehabilitation of Offenders Act 1974
- Employment Rights Act 1996
- Part-time workers Directive 1999
- Protection from Harassment Act 1997
- Health and Safety Act 1974
4.0REFERENCES
4.1This policy complements the following Trust documents, which should be read in conjunction with this policy:
- Staff Charter
- Tackling Racial Harassment by Service Users
- Dignity at Work Policy
- Disability Policy
- Recruitment and Selection Guidelines
- Induction Guidelines
- Disciplinary Procedure
- Grievance Procedure
- Flexible Working Policy
- Whistleblowers & Openness Policy
5.0SCOPE
5.1This policy applies to all staff employed within the Trust, individuals registered with the Bank, locums, staff on honorary contracts, work experience and Hospital Volunteers. Each member of staff or individual carries personal responsibility for their own behaviour in relation to this policy.
5.2The Trust recognizes that discrimination and harassment has a wider application than the employees of the Trust. Service users, members of the public, voluntary organisations, public sector organisations, staff from other employing organisations, individuals on work experience placements, contractors and suppliers are expected to conform to the standards set by the Trust. The Trust will require organisations with which it has service contracts to have operational policies in place that do not conflict with the principles or procedures in this document. Where these standards are not met appropriate action will be taken by the Trust after the proper investigations have taken place.
5.3Managers are expected to take action as appropriate to incorporate the principles of this policy into working and contractual arrangements.
6.0DEFINITION OF EQUALITY, DIVERSITY & POSITIVE ACTION
6.1What is Equality?
Equal opportunities is about good management practice in order to maximize employee potential and create a framework ensuring all employees and job applicants receive equal access in relation to employment, terms and conditions, training, promotion and services, and are able to maximize their potential.
6.2What is Diversity?
Diversity is about recognising, respecting and valuing the differences between individuals within the workforce and among service users. It is not about treating everyone exactly the same, but about treating people as individuals and accounting for inequalities and disadvantages.
6.3What is Positive Action?
Under the provisions of the Race Relations Act 1976 (sections 35, 37 & 38) it is lawful to use positive action as a means to address racial inequalities. As such, it allows the Trust to encourage people from under-represented racial groups to apply for jobs (although selection for posts will always remain strictly on merit and against pre-determined criteria), and to provide facilities or services in regards to training and career development opportunities in order to meet the particular needs of people from different racial groups. Positive Action is not the same as positive discrimination, which is unlawful.
7.0DEFINITION OF DISCRIMINATION
It is unlawful to discriminate on the grounds of sex, marital status, race, disability, religion and sexual orientation. Acts of discrimination can occur in three main ways:
7.1Direct Discrimination
This takes place when one (or more) person(s) is treated less favourably than others in the same circumstances
7.2Indirect Discrimination
This form of discrimination takes place when a requirement or condition of employment, promotion or aspects of service delivery is applied equally and appears to be fair, but can be shown to have an adverse impact on an individual or group by placing them at a disadvantage, and the reasons for this cannot be justified.
7.3Victimisation
This form of discrimination takes place when a person receives less favourable treatment because they have made a complaint, or it is suspected that they have made a complaint, or if they have or are going to provide evidence about an act of discrimination.
8.0EQUAL OPPORTUNITES PROCEDURES
The information below highlights those policy areas directly related to Equal Opportunities:
8.1Recruitment, Selection and Promotion of Employees
8.1.1The Trust will ensure that its recruitment, selection and promotion practices provide equal access to all persons and is free from unfair or unlawful forms of discrimination
8.1.2The purpose of recruitment and selection is to ensure that the best person for the post is appointed and the Trust considers the Equality & Diversity policy crucial in achieving this.
8.1.3All opportunities for promotion or secondment will be advertised internally within the Trust and be subject to the Trust’s recruitment and selection procedures to ensure fairness and consistency.
8.1.4All employees with recruitment responsibilities must familiarise themselves with the Trust’s Recruitment Guidelines which includes specific guidance on equality and diversity issues.
8.1.5For further and more detailed guidance on recruitment including job descriptions, person specifications, advertisements, short-listing and selection process, please refer to the Trust’s Recruitment Guidelines.
8.2Training, Education and Development
8.2.1To achieve the highest quality of services possible and to maintain the quality of our employment practices, we will do all that we can to develop a committed and highly motivated workforce.
8.2.2Through the appraisal and personal development review process all employees have their development needs assessed. Appropriate training and development opportunities will be made in accordance with the framework for this assessment in the NHS Knowledge and Skills Framework.
8.2.3All employees will be encouraged to access the training, education and development facilities available to enable them to progress within the Trust and wider NHS.
8.2.4Specialised training courses and awareness raising will be provided as required for recruitment and selection, appraisal, performance management, employee development and interpretation of conditions of service.
8.2.5Equality and diversity will be included as part of the induction process.
8.3Services for Disabled Persons and Employees
8.3.1The Trust holds the Disability Employment Services’ “Two Ticks” symbol and has provision in place to assist the employment opportunities of disabled persons. The Trust guarantees to interview all disabled applicants[2] who meet the minimum job specification criteria for the post.
8.3.2The Trust Disability Advisory Group (DAG) is responsible for monitoring and reviewing services and facilities for disabled employees and patients. Its members are drawn from Trust employees, staff representatives, external advisors and representatives of disabled people.
8.3.3The Trust will try to ensure that when a member of staff becomes disabled that he/she remains in employment. The Trust will give consideration to, in consultation with the employee and Occupational Health Department, reduced working hours; alternative pattern of working; reasonable specific adjustments/special aids; and retraining leading to redeployment. For further information on redeployment please contact the Human Resources Department.
8.3.4For further and more detailed guidance on disability please refer to the Trust’s Disability Policy.
8.4Tackling Racial Discrimination
8.4.1The Trust’s position is zero tolerance of race discrimination and harassment. The Trust emphasis is on ensuring that employees are protected from racial discrimination and harassment by employees, service users and contractors, the provision of adequate and appropriate training to staff and managers in order that they are aware of the impact of discrimination and feel confident to address situations where racial discrimination or harassment are involved. If patients or visitors are violent or abusive in anyway towards employees, we have the right to refuse to treat them. They may be removed from the premises and reported to the police, and may face prosecution. For further detailed guidance please refer to the Trust’s Tackling Racial Harassment by Service Users Policy.
8.4.2Under the Race Relations (Amendment) Act 2000 public bodies are required to tackle racial discrimination, promote equality of opportunity and promote good relations between different racial groups. In accordance with the Act the Trust has a comprehensive Race Equality Scheme and an Action Plan, which lays out the ways in which the Trust aims to tackle these requirements. Both the Race Equality Scheme and Action Plan can be found on the Trust website and Intranet.
8.5Quality of Working Life
8.5.1The Trust recognises the need for employees to balance their work and home commitments. For further and more detailed guidance please refer to the Special Leave Guidelines, Maternity Policy, Adoption Policy, Paternity Leave Policy, Parental Leave Policy and Job Share Policy.
8.5.2The Trust encourages more flexible patterns of work to attract and retain employees by helping them to achieve a balanced and high quality of working life. For further and more detailed guidance please refer to the Flexible Working Policy.
8.6Supporting Religious and Cultural Needs
8.6.1The Trust recognises the need for employees to balance their work and religious/ cultural needs, and that at times their religious and cultural needs may conflict with existing work requirements. The Trust will give due consideration to whether it is reasonably practicable to vary or adapt these requirements to enable such needs to be met. For further and more detailed guidance please refer to the Flexible Working Policy.
8.6.2The Trust provides prayer room and associated facilities for those individuals who may wish to participate in religious observance whilst at work. For further details please contact the Human Resources and/or Chaplaincy Departments.
9.0RESPONSIBILITIES
9.1The Chief Executive is responsible to the Trust Board for the operation and implementation of this policy. The Trust Board will identify and appoint a Non-Executive Director to take special responsibility for equality and diversity practice via the Improving Working Lives (IWL) steering group.
9.2The IWL Group will assist the Trust Board in promoting equality and diversity. Its role will be to review and monitor equality and diversity practice, to make recommendations for action and to encourage a greater awareness and understanding across the Trust.
9.3The Director of Human Resources is responsible for establishing procedures to monitor the effectiveness of the policy in accordance with statutory and NHS requirements, recommended guidelines and accepted good practice.
9.4Divisional General Managers, Divisional Clinical Directors, Heads of Departments, Service Managers, Clinical Directors, Lead Doctors, Team Leaders and other managers are responsible for implementing the policy in their Divisions, Directorates and Departments and for maintaining high standards of equality and diversity practice. This includes taking appropriate action where employees, patients, visitors or other individuals have acted in contradiction to the principles of this policy. Responsibility for implementing the policy will form part of the Trust’s approach to Performance Management as applied through the Appraisal policy.
9.5All employees have a personal responsibility to carry out their duties and behave at all times in accordance with the principles of this policy. Employees must not practice discrimination, coerce others to discriminate nor victimize individuals who make complaints of discrimination or provide information for investigation. Employees should be aware that discrimination on the grounds of race, sex, disability, sexual orientation and religion is illegal and could result in legal proceedings against the Trust. Employees have a duty to report any discrimination or suspected discrimination occurring within the Trust whether by colleagues, service users, visitors or contractors. Employees can seek advice on any aspect of this policy from their line manager, the Human Resources Department or their Union Representative.
9.6A summary document is attached at Appendix A and will be issued to new employees as part of their induction. A copy of the summary document will also be placed on staff notice boards.
10.0MONITORING
10.1To ensure that the Trust’s Equality and Diversity Policy aims are being achieved the Trust will collect the necessary statistical data to accurately profile the workforce and to monitor recruitment practice in accordance with this policy, statutory and NHS requirements.
10.2The Job Application Survey Form attached to the application form will provide equal opportunities information for job applicants in regards to ethnic origin, age, gender and disability status at each level, from initial applicants, to those successful at the short-listing and interview stages. These forms will be detached from the application form, will not be seen by the recruiting manager and will be stored for survey purposes only.
10.3Employees commencing employment with the Trust are requested to state their ethnic origin, date of birth, disability status and gender, which enables the Trust to monitor these factors in relation to promotion, training and workforce profiling.
10.4The Trust’s Integrated Human Resources and Payroll System will be used to develop statistical information regarding the profile of the Trust’s workforce by grade, job category and department within the categories indicated in section 10.3.
10.5Regular reports will be developed for the information of the Trust Board, Divisional General Managers and Heads of Department.
10.6The Human Resources Department in accordance with the Positively Diverse Programme and the Equality Framework will undertake regular equality audits.
10.7Details of any complaints made on the grounds of discrimination will be kept by the Human Resources Department and presented to the Trust Board on an annual basis.
10.8The operation of this policy will be reviewed by the Improving Working Lives Committee and with the Joint Staff Consultative Committee at least every two years.
11.0HANDLING COMPLAINTS OF DISCRIMINATION
11.1The Trust will not tolerate any form of discrimination or harassment and will investigate all discrimination complaints, whether the discriminator is an employee, service user, relative, contractor or volunteer.
11.2The Trust will ensure that all complaints will be treated sensitively, confidentially, thoroughly and in a timely manner. All employees who have been discriminated against can expect action to be taken on their behalf and support received from the Trust.
11.3Any member of staff employed by the Trust who considers that they have been discriminated against in matters covered by this policy may pursue the matter through the Trust Incident Reporting procedure, Grievance Procedure or the Dignity at Work Policy.
11.4Any job applicant not employed by the Trust, who considers that they have been unfairly treated or discriminated against in the operation of our recruitment and selection procedures is encouraged to contact in writing, the Director of Human Resources who will initiate an investigation into the complaint. This information is also given on the Guidance Notes for Applicants.