Equality Analysis – Employment Policy relating to Disclosure and Barring Requirements
Equality Analysis is a process of systematically analysing a new or existing policy or service to identify what impact or
likely impact it will have on different groups within the community. The primary concern is to identify any discriminatory or
negative consequences for a particular group or sector of the community. Equality Analysis can be carried out in relation
to service delivery as well as employment policies and strategies.
This template has been developed to use as a framework when carrying out an Equality Analysis on a policy, service or
function. It is intended that this is used as a working document throughout the process, with a final version being
published on Gateshead Health NHS Foundation Trust website.
1) Policy / function details
Directorate: Trust - wide
Department/Service:
Details of people involved in the policy / function development or review
Lead: Jen Wallbank
Start date:
July 2012
Jen Wallbank, members of the Personnel Department, Coleen Knox, members
of the JCC policy sub group, JCC and HRC
Name of policy / function
Employment Policy relating to Disclosure and Barring Requirements
Scope of the policy / function
This Policy outlines the revised requirements detailed in the NHS Employment
Checks standards, arising from the Protection of Freedoms Act which comes
into effect on 12th September 2012.
This policy will apply equally to internal candidates (i.e. those currently employed
Purpose of policy / function
by the Trust) and external candidates being considered for permanent,
temporary, casual/relief or volunteer positions. The policy will also apply where
external agencies recruit and employ staff to carry out contract work on behalf of
the Trust.
The aim of the policy is to ensure Gateshead Health NHS Foundation Trust
remains compliant with the NHS Employers Employment Checks, which form
part of NHS Litigation Authority compliance for the Trust.
In addition, it is to ensure the Trust complies with requirements on all
organisations registered with the DBS to observe the Code of Practice for
registered persons and other recipients of disclosure information (April 2009).
2) Stage Two: scoping and analysing equality information
List the sources of evidence you have for different people from each protected group (age, disability, gender
reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation?
Use qualitative or quantitative data, research or reports
Source of information
NHS Employers
There is legal duty on NHS organisations to
involve people and their representatives in
decisions about services.
Provide details of feedback from people who are
affected by the policy/ function, and any
consultation or engagement activities undertaken:
The NHS Employment Check standards are mandatory for
applicants for NHS positions (prospective employees) and staff
in ongoing NHS employment.
This policy has been reviewed by members of the Personnel
Department, who support line manager dealing with decisions
about disclosure and barring requirements. It has been
designed to take into consideration the relevant NHS Employers
Checks guidance including disclosure, Safeguarding Vulnerable
Groups Act 2006, as amended by the Protection of Freedoms
Act 2012.
In addition, it has been reviewed in consultation with the JCC
Policy Sub-Group.
No-one affected by this policy has been consulted as part of its
development, however the Trust has received no complaints
about the implementation of the process during the past twelve
months.
Does the evidence suggest the policy / function affects or is likely to affect any of the following groups differently
(either positively or negatively)
There is no evidence to suggest that this policy will adversely impact on any protected characteristic. The Trust is
required to treat all candidates for positions fairly. It is a requirement of the current CRB Criminal Records Code of
Practice that all Registered Bodies must treat disclosure applicants who have a criminal record fairly and not discriminate
because of a conviction or other information revealed.
For example, having a conviction, caution or bind over will not necessary mean the employment offer cannot proceed. It
will be dependent upon the nature of the offence and relevance to employment with the Trust. Each case will be treated
on its own individual merit and will be considered by a member of the Personnel team and the relevant Senior Manager of
the department involved.
Failure to reveal information that is directly relevant to the position sought has led to withdrawal of the offer of employment
or subsequent summary dismissal for some staff. However there is no evidence that this has had a differential impact on
any particular protected characteristic.
Age
Disability
Gender reassignment
Marriage and Civil Partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
If there is a greater effect on one
group, is that consistent with the
policy aims?
This policy aims to balance the need to reduce the risk of harm to children and
people with the need for people to disclose personal information. The policy
provides clear information to existing and prospective members of staff, people
that work within the Trust and managers about the processes and procedures
used to disclose information. The Trust complies with the NHS Employers
Employment Checks, which form part of NHS Litigation Authority compliance for
the Trust. As an organization using the Disclosure service to assess applicants’
suitability for positions of trust, it also complies fully with the CRB Code of
Practice. This policy enables the Trust to meet its responsibilities under the
Rehabilitation of Offenders Act, to treat Disclosure applicants who have a
criminal record fairly and not unfairly discriminate because of a conviction or
other information revealed.
How does the policy / function meet
the aim to promote equality of
opportunity on the grounds of …?
The Trust is required to treat all candidates for positions fairly. It is a requirement
of the current Criminal Records Code of Practice that all Registered Bodies must
treat disclosure applicants who have a criminal record fairly and not discriminate
because of a conviction or other information revealed.
How does the policy /function meet
the aim of eliminating discrimination n/a
on the grounds of …?
How does the policy / function meet
the aim of fostering positive
n/a
relations between people of
different groups?
To apply core human rights values,
such as equality, dignity, privacy,
respect and involvement, to all
A Disclosure is only requested after a thorough risk assessment has indicated
that one is both proportionate and relevant too the position concerned. For those
positions where a Disclosure is required, application forms, job adverts and/or
organisational service planning and
decision making
recruitment briefs will contain a statement that a disclosure will be requested in
the event of an individual being offered the position.
Where a disclosure is to form part of the recruitment process, we encourage all
applicants called for interview to provide details of their criminal record at an
early stage in the application process. We guarantee that this information is only
seen by those who need it as part of the recruitment process.
Unless the nature of the position allows the Trust to ask questions about an
applicants entire criminal record we only ask about unspent convictions as
defined in the Rehabilitation of Offenders Act 1974.
We ensure that all those in the Trust who are involved in the identification and
assessment of the relevance and circumstances of have been suitably trained.
We also ensure that they have received appropriate guidance and training in the
relevant legislation relating to the employment of ex-offenders e.g. The
Rehabilitation of Offenders Act 1974.
3) Stage Three: monitoring and review
No major change: The analysis demonstrates that the policy or decision is robust, the evidence shows no
potential for discrimination, and that all appropriate opportunities to advance equality and foster good relations
between groups have been taken
√
Adjust the policy – This involves taking steps to remove barriers or to better advance equality. It can mean
introducing measures to mitigate the potential effect. It is lawful under the Equality Act to treat people
differently in some circumstances, for example taking positive action or putting in place single-sex provision
where there is a need for it. It is both lawful and a requirement of the general equality duty to consider if there
is a need to treat disabled people differently, including more favourable treatment where necessary.
Attach the action plan to this equality analysis
Continue the policy – This means adopting the proposals, despite any adverse effect or missed opportunities
to advance equality, provided the decision-maker is satisfied that it does not unlawfully discriminate. In cases
where you believe discrimination is not unlawful because it is objectively justified, it is particularly important
that you record what the objective justification is for continuing the policy, and how you reached this decision.
Attach details of the objective justification to this equality analysis
Stop and remove the policy – If there are adverse effects that are not justified and cannot be mitigated, the
decision-maker should consider stopping the policy altogether. If a policy shows unlawful discrimination it must
be removed or changed.
How will you monitor the impact of
the policy / function?
See section 9 for full details.
This policy will be reviewed periodically to ensure uniformity of treatment and
justice for all employees in the implementation of the Trust’s procedures and to
ensure compliance with relevant legislation. An audit will be provided to the
HRC annually.
Policy Sponsor
Yvonne Ormston
Approving Committee
HRC
Date of approval
23 Oct 2012