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Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status:
Equality, Diversity & Inclusion Policy
Policy and Agreement
Reference Number: 144 Author & Title: Gayle Williams, Equality and Diversity Officer Responsible Director: Alfredo Thompson, Director for People and Culture Review Date: 5 May 2025 Ratified by: Alfredo Thompson, Director for People and Culture & Strategic Workforce Group Date Ratified: 5 May 2022 Version: 5. Related Policies and Guidelines Equality and Health Inequality Assessment guidance Accessible Information Standard Intranet guidance Bullying & Harassment Code of Expectations (Living our Trust Values) Complaints Disciplinary Performance Grievance Organisational Change Raising Concerns Recruitment & Selection
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: Supporting Attendance Work Life Balance Mental Health Act Violence and Aggression, (Conflict Resolution)
Index:
**_1. Policy Summary _______________________________________________ 3
- Policy Statements _____________________________________________ 3
- Duties and Responsibilities _____________________________________ 5
- The Law _____________________________________________________ 7_** 4.1 Types of Unlawful Discrimination____________________________________ 8 4.2 Equal opportunities in Employment __________________________________ 9 4.3 Positive Action __________________________________________________ 10 4.4 Equality and Health Inequalities Assessments, (EHIA) _________________ 10 **_5. Monitoring Compliance ________________________________________ 11
- Review _____________________________________________________ 11
- Training_____________________________________________________ 11
- References __________________________________________________ 12_**
Amendment History
Issue Status Date Reason for Change Authorised 5.0 Final 02 July 2015 Policy replaces the existing Equality Analysis Policy and Equality Impact Assessment Policy Strategic Workforce Committee 5.1 Final 21 Nov 2017 Update to training section in Appendix 1 Gayle Williams – Deputy HR Business Partner 5.2 Final October 2019 Updated to reflect new Equality and Health Inequalities Assessment Rebecca McNish Deputy HR Business Partner/Gayle Williams, Equality and Diversity Officer 5.4 Final Nov 2021 Update to include accessibility guidance Gayle Williams, E&D Officer
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: To advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it To foster good relations between people who share a relevant protected characteristic and people who do not share it. The Trust recognises its responsibility to meet the aims of the Accessible Information Standard.. These are in place to make sure that people with sensory loss or impairment, or with a learning disability or communication need, have access to information that they can understand and any communication support they might need. The standard tells organisations how to make information accessible to patients, service users and their carers and parents. This includes making sure that people get information in different formats if they need it, such as large print, braille, easy read and audio file. The Accessible Information Standard also tells organisations how to support people's communication needs, for example by offering support from a British Sign Language (BSL) interpreter or an advocate. How will we meet the standard? Ask the patient (or for children or people without capacity their parent/carer) if they have any information or communication needs, and find out how they want us to meet their needs. There will be posters in our outpatient clinics and on our wards to let patients know to tell us Record the patient's needs on Millennium using the appropriate Snomed code This will create a Flag in Millennium through "problems" Recording in Millennium enables us to Share a patient's needs with other clinical systems You will need to Act to make sure that the patient (or parent/carer if appropriate) receives information in an accessible way or is provided with communication support if they need it Alternative formats We will provide appointment and admission letters and clinical information leaflets in the following alternative formats: Large font (22 point or 28 point) Braille Easy read Audio file to be emailed to the patient.
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: Other support To support communication needs we will provide for the patient (or parent/carer if appropriate): A British Sign Language (BSL) interpreter An advocate Staff looking for policy and guidance on how the Trust supports patients with mental health needs can find specific policies on the Mental Health act, and Mental Capacity Act under clinical policies on the Intranet.
3. Duties and Responsibilities The key duties and responsibilities for the implementation of this policy are: Board of Directors Ensure that equality and diversity are integrated into all Trust business, in both service delivery and in the treatment of staff Ensure that Board members are trained appropriately in managing equality and diversity Following the Annual Report to the Board on diversity and equality issues, support the Director for People in identifying areas for improvement Chief Executive Ensure that the Trust applies the principles of managing diversity and equality to all its operations and demonstrates a commitment to managing diversity. Ensure that the commitment from the Trust to managing diversity and equality is communicated to all employees of the Trust Lead by example, developing and promoting an organisational culture that is supportive of the benefits of managing diversity and equality. Director for People Ensure that all people policies, practices and procedures are consistent with legislative requirements and best practices relating to workplace diversity and equality Ensure that staff have access to the necessary training interventions with regard to managing diversity and equality, and that all relevant training events are supportive of the principles of this Policy Monitor the effectiveness of this Policy and other policies and procedures in relation to diversity and equality of opportunity, in particular through use
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: Managers Ensure that policies and procedures relating to managing diversity are implemented and communicated to all existing staff and new staff on their commencement. Promote a professional and positive work environment, and in doing so ensure employees’ rights to pursue a career with dignity. Raise awareness of managing diversity and the principles of equality of opportunity, acting as a role model for others, and developing personal skills in order to handle issues relating to discrimination and harassment. Be directly responsible for the resolution of issues relating to harassment and discrimination in their work area, in accordance with Trust policies and procedures, including the Disciplinary Policy where necessary. Employees Maintain a professional working environment, treating other employees and service users with respect. Comply with and promote Trust policy and procedures with regard to managing diversity. Be aware of their responsibility, challenge inappropriate behaviour when appropriate and always report inappropriate behaviour to their manager. Trade Union representatives Representatives of recognised trade unions and staff associations will participate fully with managers in the exercising of the Trust’s legal responsibility and of this policy.
4. The Law The Equality Act 2010 came into force on 1 October 2010. The purpose of the Act is to simplify discrimination legislation and create a more consistent and effective framework, while at the same time extending discrimination protection. It is unlawful to discriminate directly or indirectly in recruitment or employment because of a protected characteristic. The protected characteristics under the Act are: age disability gender reassignment marriage and civil partnership pregnancy and maternity race
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: religion or belief sex sexual orientation Discrimination after employment may also be unlawful e.g. refusing to give a reference for a reason related to one of the protected characteristics. Staff should not discriminate against or harass a member of the public in the provision of services or goods. It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service. The Equality Act places additional duties on public authorities to have due regard to the need to:- Eliminate unlawful discrimination, harassment & victimisation & other conduct prohibited by the Equality Act 2010; Advance equality of opportunity between people who share a protected characteristic and those who do not; Foster good relations between people who share a protected characteristic and those who do not (this includes tackling prejudice & promoting understanding). Remove or minimise disadvantages suffered by people due to their protected characteristics Meet the needs of people with protected characteristics Encourage people with protected characteristics to participate in public life or in other activities where participation is low 4.1 Types of Unlawful Discrimination Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant. In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim. Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: requests only if the Trust considers it has good reasons, unrelated to any protected characteristic, for doing so. The Trust will comply with its obligations in relation to statutory requests for contract variations. The Trust will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability. The Trust will monitor the ethnic, gender and age composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process. 4.3 Positive Action Employers may take positive action in the form of proportionate measures to encourage or train people from an under-represented group to apply for jobs, overcome a perceived disadvantage or meet specific needs based on a protected characteristic. Examples of positive action include making additional training opportunities available to enable people from under-represented groups to compete equally for available jobs or stating that applications would be particularly welcome from particular groups. A particular racial group or sex is under-represented if, at any time during the previous twelve months, either there was no one doing the job in question, or there were disproportionately few in comparison with the group’s proportion in relation to the workforce at that establishment, or in the relevant labour market. Positive action should not be confused with positive discrimination which is unlawful. Positive action is a measure designed to allow individuals from under-represented groups to compete on an equal footing. Positive discrimination would be the selection of someone because they fell into the under-represented group. 4.4 Equality and Health Inequalities Assessments, (EHIA) Equality and Health Inequalities Assessments (EHIAs) are an effective way of improving policy development and service delivery, making sure that we consider the needs of the community, identify potential steps to promote equality and do not discriminate. The Trust has developed guidance for staff to ensure that all staff understand how to complete an EHIA when: Considering any new or changing activity Developing or changing service delivery
Document name: Equality, Diversity and Inclusion Policy Ref. Issue date: May 2022 Status: Procuring services Developing projects Developing a policy / procedure / guidance or changing or updating existing ones For further information, including tips on how to complete and EHIA and the EHIA template, please read the EHIA guidance document on the Intranet, (found here). If you require support to facilitate a session, or complete an EHIA please contact the Equality and Diversity Officer at [email protected] or on 01225
5. Monitoring Compliance Compliance with this policy will be monitored by Human Resources and reported to the **Diversity and Inclusion Steering Committee
- Review** This policy will be subject to a planned review every three years as part of the Trust’s Policy Review Process. It is recognised however that there may be updates required in the interim arising from amendments or release of new regulations, Codes of Practice or statutory provisions or guidance from the Department of Health or professional bodies. These updates will be made as soon as practicable to reflect and inform the Trust’s revised policy and practise. 7. Training The Trust will provide training to managers and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise in the management of people. This training can be accessed through the Learning and Development Prospectus found on the intranet. The Trust will provide training to all existing and new employees and others engaged to work at the Trust to help them understand their rights and responsibilities under this policy and what they can do to create a working environment free of discrimination. The training is mandatory and available via eLearning which can be accessed through the Electronic Staff Record (ESR). All staff and managers can access their mandatory training compliance records via the Trust’s mandatory reporting tool (STAR) available on the intranet.
