Equality and Diversity Policy in Employment
Version
5
Name of responsible (ratifying) committee
HR Policy Group
Date ratified
April 2010
Document Manager (job title)
HR Manager – Equality & Diversity
Date issued
June 2013
Review date
June 2015
Electronic location
Corporate Policies
Related Procedural Documents
Prevention of Aggression and Violence Policy; Policy
for Supporting Staff Involved in an Incident, Complaint
or Claim; Essential Training Policy
Key Words (to aid with searching)
Equality; diversity; single equality scheme;
discrimination; equal opportunities
Equality and Diversity Policy Version 5. Issued: June 2013 (review date June 2015)
31/07/2017
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CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
QUICK REFERENCE GUIDE....................................................................................................... 3
INTRODUCTION.......................................................................................................................... 4
PURPOSE ................................................................................................................................... 4
SCOPE ........................................................................................................................................ 4
DEFINITIONS .............................................................................................................................. 4
DUTIES AND RESPONSIBILITIES .............................................................................................. 5
PROCESS ................................................................................................................................... 6
TRAINING REQUIREMENTS ...................................................................................................... 6
REFERENCES AND ASSOCIATED DOCUMENTATION ............................................................ 7
MONITORING COMPLIANCE WITH, AND THE EFFECTIVENESS OF, PROCEDURAL
DOCUMENTS .............................................................................................................................. 7
Equality and Diversity Policy Version 5. Issued: June 2013 (review date June 2015)
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QUICK REFERENCE GUIDE
For quick reference the guide below is a summary of actions required. This does not negate the need
for the document author and others involved in the process to be aware of and follow the detail of this
policy.
1. All managers and staff must support and implement the principles of the Equality and
Diversity in Employment Policy.
2. Managers must ensure staff are made aware of the contents and importance of observing the
principles of Equality and Diversity.
3. Staff must report any incident or behaviour which contravenes the provisions of this policy
and must not indirectly support unfair treatment by ignoring what is happening around them.
4. Managers and staff must treat all staff, managers, patients, visitors and members of the public
with dignity and respect.
5. Managers must ensure that any allegations of discriminatory behaviour or practices are
properly investigated, all relevant documentation retained and, disciplinary action taken
(where appropriate) in a non-discriminatory manner.
Equality and Diversity Policy Version 5. Issued: June 2013 (review date June 2015)
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1. INTRODUCTION
1.1 Portsmouth Hospitals NHS Trust (“the Trust”) Equality and Diversity in Employment Policy has
been developed to support the Trust’s Workforce and Organisational Development Strategy
and the Single Equality Scheme.
1.2 Good employment practice is the key to ensure the Trust meets its legal responsibilities. The
NHS constitution highlights within sections 3a and 3b the duties and rights of employees with
regard to equality and diversity, namely the right to be treated fairly equally and free from
discrimination, the right to fair treatment regarding pay and the duty not to discriminate against
patients or staff and to adhere to equal opportunities and Equality and Human Rights
legislation. This policy has been written in the spirit of the NHS constitution.
2. PURPOSE
2.1 The Trust’s Equality and Diversity in Employment Policy is in place to ensure we achieve the
best from people by valuing differences as laid out in the Workforce and OD Strategy. The
Trust will ensure that it works towards becoming a world class employer by developing a
workforce at all levels which is truly representative of all sections of society and reflects the
community it serves. The Trust is committed to eliminating discrimination and encouraging
diversity amongst its workforce.
2.2 The Trust’s managers and staff will take all reasonable steps to ensure that there is no unlawful
or unfair discrimination of potential or existing employees including bank staff, contract workers
or volunteers because of gender, race, sexual orientation including transgender, disability,
religion or belief, marital status, nationality, colour, union activity or age. All employees whether
full time, part time or temporary will be treated fairly and with respect
3. SCOPE
3.1 This policy applies to applicants for employment, all staff including bank staff, contract workers,
and volunteers.
‘In the event of an infection outbreak, flu pandemic or major incident, the Trust recognises
that it may not be possible to adhere to all aspects of this document. In such circumstances,
staff should take advice from their manager and all possible action must be taken to
maintain ongoing patient and staff safety’
4. DEFINITIONS
•
Equal Opportunities : Legislatively based. Everyone should be treated fairly and given the
same opportunities irrespective of age, gender, race, disability, religion/belief, sexual
orientation.
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Diversity : Everyone is different. Everyone has individual qualities and differences. Each staff
member should be valued for their skills experience and talent and be treated with dignity and
respect.
•
Indirect Discrimination – where requirements, conditions or practices imposed have an
adverse impact that is disproportionate to a particular group.
•
Direct Discrimination – when a person is treated less favourably than another individual in the
same circumstances because of their race, colour, nationality, ethnic origin, sexual
orientation, gender, marital status age disability or religion
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5. DUTIES AND RESPONSIBILITIES
5.1 Members of Staff
5.1.1 All managers and staff are expected to observe the requirements of this policy in their
behaviour towards other staff members and members of the public. In particular, they shall:
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5.2
support and implement the principles of the Equality and Diversity in Employment Policy;
report any incident or behaviour which contravenes this policy and not indirectly support
unfair treatment by ignoring what is happening around them;
treat all staff, managers, patients, visitors and members of the public with dignity and
respect.
Equality and Diversity Committee for Staff
5.2.1 The Equality and Diversity committee for staff, which is chaired by the Director of Workforce
and OD is responsible for overseeing the effective implementation of this policy including the
monitoring of statistics and developing actions as a result, and ensuring Equality Impact
Assessments and associated action plans for all HR areas are in place and up to date.
5.3 Managers
5.3.1 All managers have responsibility for ensuring this policy is fairly and consistently applied by
and to all of the staff they manage. All managers should ensure that:
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Staff are made aware of the contents and the importance of observing the principles of
Equality and Diversity;
they eliminate any unfair practices of which they are aware, whether or not a complaint
has been made;
any allegations of discriminatory behaviour or practices are properly investigated, all
relevant documentation retained and, disciplinary action taken (where appropriate) in a
non-discriminatory manner;
they are positive role models of best equality practice for their staff;
they address any discriminatory practices or behaviours from service users in line with
the Prevention of Aggression and Violence from Service Users policy and ensure that
staff are supported appropriately, including providing support in line with the Supporting
Staff Policy.
5.4 Human Resources
5.4.1 The Human Resources team are responsible for providing advice and guidance to any
employee or manager on the application and effective implementation of this policy. They
also have responsibility for ensuring that the duty to promote is observed and actioned where
necessary and the general and specific duties of Equality Legislation are observed.
5.5 Legal Liability
5.5.1 Individual members of staff can be held personally liable for acts of unlawful discrimination.
5.5.2 The Trust as an employer may be liable for any act of unlawful discrimination committed by
its staff during the course of their employment, unless it can be proved that all reasonable
and practicable steps had been taken to prevent such an act from occurring. The Trust has
a primary legal and moral responsibility for ensuring that discrimination does not occur.
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6. PROCESS
6.1
The Trust’s commitments are:
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6.2
Specifically for applicants or staff with a disability, the Trust has a duty under the Equality Act
to make reasonable adjustments to prevent a disabled employee or applicant for employment
from being placed at a substantial disadvantage by any physical feature of the premises or by
any provision, criteria or practice of the employer. The Trust follows the criteria of the two tick
symbol which includes:
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6.3
Guaranteeing an interview to any applicant with a disability who meets the essential
criteria for the job
Annually to write to all staff recorded on ESR with a disability to see if there are any
reasonable adjustments which could be made to enable them to undertake their role
more effectively
Making reasonable adjustments to prevent an employee with a disability in all aspects
of employment from being placed at a substantial disadvantage by any physical feature
of the premises, or by any provision, criteria or practice.
When deciding whether the adjustment is reasonable the Trust will consider
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6.4
To create an environment in which individual differences and the contributions of all our
staff are recognised and valued.
To promote a working environment which promotes and ensures dignity and respect for
all.
To eliminate unlawful discrimination in pre-employment recruitment and all other
employment practices by effective monitoring.
That harassment and/or bullying of any kind will not be tolerated.
Training and development opportunities are available for all staff.
Breaches of this policy will be considered to be misconduct and could result in
disciplinary action being taken.
To meet and work towards exceeding our statutory equality duties.
To promote equality and good relations between different racial and other minority
groups.
To ensure equality impact assessments are undertaken and published for all policies,
services and strategies, including Trust Board papers.
To ensure equality and diversity training is undertaken by all staff every three years.
To undertake equality monitoring for starters, leavers, grievances, disciplinaries,
applications for employment training and promotions, appraisals by minority group.
The effectiveness of the adjustment in preventing the disadvantage.
The practicality of the adjustment
The financial and other costs of the adjustment and the extent of any disruption caused
The extent of the employers financial or other resources
The availability to the employer of financial or other assistance to help make the
adjustment, for example through Access to Work scheme and the support of Jobcentre
Plus.
If a manager needs advice with regard to reasonable adjustments they should contact the
Operational HR or Occupational Health Teams.
7. TRAINING REQUIREMENTS
7.1 Equality and Diversity training is included within essential training and is identified within the
training matrix as being required for all managers and staff every three years (see Essential
Training Policy). This training is either delivered face to face by a member of the learning and
development team or the diversity advisor, or by an e-learning package which is available
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through moodle. Training is monitored by the Learning and Development department in line
with the Essential Training Policy.
7.2 Recruitment and Selection training includes equality and diversity and should be undertaken by
at least one member of every interview panel every three years.
7.3 Towards a Climate of Trust includes equality and diversity within it and is available for all
managers and staff
7.4 Equality and Diversity is inherently included within all training provided by the Trust.
8. REFERENCES AND ASSOCIATED DOCUMENTATION
Race Relations Amendment Act 2000
Sex Discrimination Act 1975
Employment Equality (Sex Discrimination) Regulations 2005
Disability Discrimination Act 1995
Employment Equality (Religion or Belief) Regulations 2003
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Age) Regulations 2006
Delivering Equality & Diversity ACAS, March 2009
Trust internal policies:
Prevention of Aggression and Violence Policy
Policy for Supporting Staff Involved in an Incident, Complaint or Claim
Essential Training Policy
9. MONITORING COMPLIANCE WITH, AND THE EFFECTIVENESS OF,
PROCEDURAL DOCUMENTS
9.1 Monitoring of equal opportunities data is central to the effective implementation of equal
opportunities. Bi-annual monitoring of employment statistics forms part of the Equality
Committee for Staff agenda. The trust monitors on the basis of race, age, gender, disability,
religion or belief and sexual orientation. The categories which are monitored are:
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Staff in post, starters and leavers
Applicants, shortlisted and appointed candidates
Grievances/working relationships, disciplinary action, capability,
Promotions,
Staff in post within band 6-9
Attended training
Appraisals
9.2 A HR report, which includes monitoring statistics, is presented at the Trust’s Equality and
Diversity committee on an annual basis and actions arising from the statistics identified. An
Equality and Diversity report including the monitoring of statistics and actions associated with it
in line with our Equality Scheme is provided to the Trust Board on an annual basis and is
published on the Equality and Diversity internet site.
9.3 Grievances/working relationships, disciplinary action and capability issues are also reported to
the Trust’s Governance and Quality Committee on a six monthly basis as part of the HR
governance report.
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9.4 The Equality and Diversity in Employment Policy will be reviewed regularly and will be agreed
with senior management and staff side and ratified at Equality for Staff Committee.
9.5 All services within the Workforce Directorate are responsible for ensuring an Equality Impact
Assessment has been completed which is up to date. Each HR department reports at least
annually to the Equality for Staff Committee chaired by the Director of Workforce and OD and
has an up to date action plan to ensure this policy is complied with.
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