Delivering Equality Opportunities,

Valuing Diversity and Inclusion Policy

July 2019

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Policy title Equality, Diversity and Inclusion Policy

Policy

reference HR30

Policy category Human Resources

Relevant to All Staff

Date published Insert date published

Implementation

date September 2019Insert implementation date

Date last

reviewed June 2016

Next review

date June 2022

Policy lead Debra Hall, Equality & Diversity Lead

Contact details Email: equalityanddiversity@candi.nhs.uk Telephone: 07775 541028

Accountable

director Sally Quinn, Director of Human Resources & Organisational Development

Approved by (Group):

Equality and Diversity Committee 18

th July 2019

Approved by

(Committee): Workforce Committee

3rd

September 2019

Document history

Date Version Summary of amendments

April 2001 1 New Policy

Oct 2010 2 Policy Review

Dec 2012 3 Policy Review

June 2016 4 Comprehensive Review

July 2019 5 Comprehensive Review

Membership of the policy development/ review team

Equality and Diversity Committee, Workforce Committee

Consultation Human Resources Business Partners, Employment Relations Team and Staff

Networks

DO NOT AMEND THIS DOCUMENT

Further copies of this document can be found on the Foundation Trust intranet.

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Contents

1 Introduction 4

2 Aims and Objectives 4

3 Scope 6

4 Duties and Responsibilities 6

5 Definitions 7

6 Policy Content 7

6.1 Non-Discriminatory Practice 6.2 Recruitment and selection 6.3 Positive Action 6.4 Recruitment and Selection 6.5. Service Delivery 6.6. Access to Services 6.7. Holistic Assessments of Needs, Including identifying and Addressing Culture and Spiritual Needs 6.8 Human Rights 6.9 Mental Capacity Act 6.10 External Agencies 6.11 Work-life Balance 6.12 Social Inclusion 6.13 Due Regard 6.14 Equality Impact Analysis 6.15 Legal Framework

7 Workforce Equality Standards 11

8 Workforce Race Equality Standards (WRES) 11

9 Workforce Disability Standards (WDES) 11

10 Sexual Orientation Monitoring Information Standard (SOM) 11

11 Accessible Information Standard (AIS) 11

12 Equality Delivery System (EDS2) 12

13 Staff Networks 12

14 Training 12

15 Dissemination and Implementation Arrangements 12

16 Monitoring, Review and Governance 12

17 Review of the Policy 13

18 References 13

19 Associated Documents 13

20 Appendices 13

Appendix 1 – Definitions 14

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1. INTRODUCTION

1.1 Camden and Islington NHS Foundation Trust recognises that some sections of society experience prejudice and discrimination. The Equality Act (2010) specifically recognises the protected characteristics of; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sex.

1.2 The Trust is committed to equality of opportunity and anti-discriminatory practice both in the provision of services and in our role as a major employer. The Trust believes that all people have the right to be treated with dignity and respect and is committed to the elimination of unfair and unlawful discriminatory practices.

1.3 Camden and Islington NHS Foundation Trust also is aware of its legal duties under the Human Rights Act (1998). Section 6 of the Human Rights Act, requires all public authorities to uphold and promote Human Rights in everything they do. It is unlawful for a public authority to perform any act which contravenes the Human Rights Act.

1.4 Camden and Islington NHS Foundation Trust is committed to carrying out its functions and service delivery in line with a Human Rights based approach and the FREDA principles of Fairness, Respect, Equality Dignity, and Autonomy.

1.5 This ethos is supported by the Trust cultural pillars of; We value each other this involves supporting each other‟s wellbeing and development; We are empowered this means taking action and responsibility to do what is best for your services and team; We keep things simple this means cutting out bureaucracy when it adds nothing and We are connected this means working collaboratively across services and organisations, rather than in silos.

1.6 The Trust believes that it is of mutual benefit to the Trust and its employees to work in partnership with Staff side. This policy has been developed and agreed by management and Staff side, in order to ensure staffs are treated consistently and fairly.

2. AIMS AND OBJECTIVES

2.1 This document provides the framework from which all strategy, policy and procedure is developed. It sets the standards to enable the Trust to meet its duties in relation to these specific areas below as well as all activities within the Trust as both an employer and a service provider.

2.2 Equality is not about treating everyone the same; it is about ensuring that access to services and opportunities are available to all by taking into account of people‟s differing needs and capabilities.

2.3 Diversity is about recognising and valuing differences through inclusion and service provision, regardless of age, disability, gender, race, religious belief and sexual orientation and gender reassignment. It is also about consideration and valuing all staff‟s needs regarding such matters as; commitments outside work, equal pay, career development and promotion opportunities, trade union activity, opinions and values of all staff.

2.4 Inclusion while closely related to diversity is - a separate concept from diversity. Inclusion is the achievement of a work environment in which all individuals are treated fairly and respectfully, have equal access to opportunities and resources and can contribute fully to the organisations success.

2.5 As a public body the Trust has a general duty to:

Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;

Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and

Foster good relations between people who share a protected characteristic and people who do not share it.

2.6 This policy is guided by the following principles:

2.6.1 Enhance and promote high quality services which are responsive to different communities and individual's needs;

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2.6.2 To ensure the Trust commitment to its responsibilities in relation to the Human Rights Act ( 1 998) and the development of human rights based approach enabling the protection of individuals human rights;

2.6.3 Assist in creating a productive, safe and prejudice-free work environment which treats all employees fairly and with respect;

2.6.4 Demonstrate and promote a commitment to equality issues to both the community and employees by challenging discrimination and valuing diversity;

2.6.5 Promote diversity in communication in all aspects of Trust business but specifically equality issues and ensure that people‟s views are listened to and responded to e.g. large print, loop system;

2.6.6 Improve the motivation, performance, retention, skills and morale of the workforce;

2.6.7 Demonstrate our commitment to best practice in employment and service delivery and working towards being a model employer;

2.6.8 Ensure all employees are made fully aware of this policy and without exception must adhere to its requirements;

2.6.9 Ensure that any employee who feels that they have experienced bullying, discrimination, harassment, or victimisation whilst at work has the right to pursue their complaint through internal policies and procedures;

2.6.10 Promote equality, diversity and inclusion as the responsibility of everyone and applies to all;

2.7 The Equality Act (2010) describes „protected characteristics‟ which recognises that some groups in society are more likely to experience prejudice, discrimination and disadvantage:

Age (where this is referred to, it refers to a person belonging to a particular age (e.g. 32year olds) or range of ages (e.g. 18 - 30 year olds).

Disability including mental health and learning disabilities (a person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities).

Gender (a man or a woman).

Race including gypsies/travelling communities and asylum seekers (refers to the protected characteristic of race). It refers to a group of people defined by nationality (including citizenship, ethnic or national origins).

Religion or belief (religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition.

Sexual orientation (whether a person's sexual attraction is towards their, own sex the opposite sex or to both sexes).

Gender reassignment (the process of transitioning from one gender to another).

Marriage and civil partnerships (in England and Wales marriage is no longer restricted to union between a man and a woman but now includes a marriage between a same-sex couple. Same-sex couples can also have their relationships legally recognised as „civil partnerships'. Civil partners must not be treated less favourably than married couples -except where permitted by the Equality Act).

Pregnancy and maternity (pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. There is protection from maternity discrimination for an employee who has become a new mother in the last six months, or is breastfeeding.

2.8 The Trust includes carers and other vulnerable groups within the process of Equality Impact Analysis (EqIA).

2.9 The Trust also acknowledges that there are other people who may experience discrimination on the grounds of their child care/caring responsibilities, HIV status, language, membership or non-

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membership of a trade union, homelessness and offending history, or any other unjustifiable reason.

2.10 In all Trust business, commitment to eliminate prejudice and discrimination is dependent upon the personal commitment of all people.

2.11 Inappropriate language and behaviour described within the context of this policy, which offends or threatens work colleagues or the public, will not be tolerated.

2.12 The Trust seeks to encourage language and behaviour, which promotes respect and good relations between our employees and all sections of the community. Any employee who feels offended or threatened by the language or behaviour of another can address the issue through the appropriate policies and procedures. Members of the public can use the Trust‟s Complaints Procedure.

3. SCOPE

3.1 The policy applies to all staff employed by the Trust; workers, volunteers and to all service users, carers and visitors to the Trust.

4. DUTIES AND RESPONSIBILITIES

4.1 Trust Board will ensure that all managers are accountable for the promotion and implementation of this policy. Ensure that equality and human rights is integrated into all Trust business, in both service delivery and in treatment of staff. Ensure that Board members are trained appropriately in managing equality and human rights. Support Human Resources in addressing those areas identified from equality action plans that require improvement.

4.2 Lead Executive Director – the lead Executive Director for this policy is the Director of Human Resources and Organisational Development. As such they have specific responsibility for monitoring the effectiveness of this policy and deciding on appropriate actions in response to any needs identified. This policy will be subject to monitoring, evaluation and review on an annual basis in consultation with Staff Side Representatives or on appropriate changes in legislation.

4.3 The Trust‟s Equality and Diversity Committee - is chaired by a board member and is responsible for the monitoring of the Trust wide activities to ensure the Trust meets its legal requirements, adheres to NHS requirements and delivers its own strategic aims within the delivery of care.

4.4 The Trust has established an Equality and Diversity Committee that shall be embedded in the governance arrangements for the Trust, which has; the Executive Director for Human Resources and Organisation Development as the Chair, a Non-Executive Director and a Senior Lead from Division as members.

4.5 Division Lead with responsibility for Equality and Diversity - is responsible for the implementation of internal governance processes to ensure the Trust wide action plan for Equality and Diversity is delivered.

4.6 Equality and Diversity Lead - the lead responsible for the strategic planning and implementation of the Trust wide Equality and Diversity agenda and action planning. The Lead is a resource and subject matter expert for the Trust to assist in the delivery of this policy for both clinical and non-clinical service provision. For both workforce and service users

4.7 Management - hold responsibility for ensuring the practical application of this Policy and for the incorporation of its principles into all other Trust policies and procedures. Managers should be aware that they will be expected to positively promote high equality standards in line with the requirements of the Equality Act (2010).

4.8 All staff - have a personal responsibility for the application of this Policy on a day-today basis. This means they should not undertake any acts of discriminatory practice in the course of their employment. All staff should positively promote high equality standards in the course of their employment wherever possible. All staff have a responsibility to bring any potentially discriminatory practice to the attention of either their Line Manager, the Human Resources Department or relevant Trade Union/Professional Associations.

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4.9 Service Users/Carers/Visitors – will be expected to recognise and comply with the principles set out in this Policy whilst on the Trust‟s premises or whilst receiving care originating from the Trust. Service Users/Carers/Visitors are expected to be respectful to all staff and other service users.

4.10 Contractors and their staff have an equal responsibility to ensure that this policy is adhered to and will be the subject of any contract compliance monitoring.

4.11 Legal Liability of the Trust Individual members of staff can be held personally liable for acts of unlawful discrimination. The Trust as an employer may be liable for any 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.

5. DEFINITIONS

5.1 The Equality Act (2010), which became law in October 2010 harmonises and replaces previous

legislation and ensures consistency in compliance with the law. For definitions within this

legislation (see Appendix 1).

6. POLICY CONTENT

6.1 Non-Discriminatory Practice

6.1.1 All employees must observe the Equality Act (2010)

6.1.2 Employers are automatically liable for discriminatory actions by anyone acting on their behalf, whether or not it was done with their knowledge, unless the employer can show that they had taken all workplace steps to prevent such actions. Any prejudice or discrimination must therefore be actively dealt with by management.

6.1.3 Any experience of discrimination should be reported to the person in charge of the service area and an incident report completed on the DATIX system.

6.1.4 Discrimination experienced by staff from service users, carers or visitors will not be tolerated by the Trust, and will be dealt with using the Trust‟s policies.

6.1.5 Discriminatory language and behaviour is unacceptable. It will not be tolerated by the Trust and will be dealt with using the Trust‟s policies.

6.2 Recruitment and Selection

6.4.1 Recruitment and selection will be undertaken in accordance with the Trust‟s Recruitment Policy. Reasonable adjustments will be considered for disabled people seeking work at the Trust

6.4.2 Recruitment is monitored right through the selection process. This monitoring will be regularly analysed and measures adopted to alleviate any adverse impact identified through this monitoring. The results of our monitoring and our assessments will be published annually and will include targets and action plans for the next year.

6.4.3 Recruiting managers will ensure that no job descriptions and person specifications include requirements that are discriminatory.

6.4.4 Staff will ensure wording avoids biased language and age bars/limits are only applied where they are objectively justified or lawful.

6.4.5 The Trust operates a guaranteed interview scheme for disabled job applicants‟ who meet the minimum shortlist criteria through the „disability committed‟ scheme operated through the Department for Work and Pensions.

6.4.6 All job adverts will feature reference to the Trust‟s Equality and Diversity Policy and feature the Disability Committed logo and Mindful Employer logo.

6.3 Positive Action

6.3.1 Positive action is described as a range of measures which may be adopted under the Equality Act (2010). the aim is not to positively discriminate, which is unlawful, but to assist with and encourage opportunities for particular groups in areas where they are under-represented.

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6.3.2 Where appropriate, positive action initiatives will be developed for the employment, training and development of people from under-represented groups at all levels of the workforce, in order that they may achieve equality of opportunity for selection and further promotional opportunities.

6.3.3 Positive actions under The Equality Act have to be lawful and the “Act” makes it clear that an employer cannot have a general policy of always favouring people with certain characteristics and that any action taken by the employer has to be a proportionate means of achieving the aim of address disadvantage or under-representation in the workforce.

6.3.4 The Trust is committed to ensuring that it meets its responsibilities in relation to being proactive in developing anti oppressive practice and to combat discrimination and stigma. It views training as a key component to this and ensures that equality, diversity and inclusion is included in core training across the Trust.

6.4 Service Delivery

6.4.1 In developing its services the Trust will seek to ensure equitable access to all actual and potential users, this will include, wherever practicable, making specific access arrangements for service users with disabilities, or any other protected characteristics which may apply. The Trust will attempt to ensure that none of its service policies, protocols or procedures discriminates directly or indirectly against any group or individual.

6.5 Access to Services

6.5.1 As far as practicable, the Trust will ensure that all aspects of its services are accessible as possible, to a wide range of people as possible. This includes our premises, the location of our services, the opening times of our services and our communication systems including; telecommunication, publications, documents, web and intranet publications.

6.6.2 The Trust will ensure that key patient information documents are produces in Easy-read formats as appropriate.

6.5.3 The Trust will engage translation on demand and access to services which can translate and provide copies of key information in the form of leaflets etc. in the main languages used in the areas the Trust serves.

6.5.4 To ensure this happens, all service information leaflets, brochures and booklets must go through the Communications Team.

6.5.5 The Trust believes good communication to be the key to developing equality of opportunity for all members of society. This can be especially difficult for those people whose first language is not English; or are D/deaf and/or hard of hearing; are blind or have a visual impairment or learning disability.

6.5.7 We are committed to making appropriate facilities available and accessible to enable service users‟ and employees to; communicate effectively by providing information in a variety of formats. Where appropriate, we will ensure community consultation and formats. Where appropriate, we will ensure community consultation and participation for involvement in policy and service planning.

6.6 Holistic Assessments of Needs, Including Identifying and Addressing Culture and Spiritual Needs.

6.6.1 The Trust is committed to assessing the need of the „whole person‟ that includes cultural and spiritual needs. As part of the clinical assessment process, all service users will be asked about their cultural and spiritual needs and how the Trust can best meet them where appropriate. This includes any cultural traditions associated with all nine protected characteristics.

6.6.2 The Trust will maintain chaplaincy arrangements for appropriate world religions on its own or in partnership with other NHS organisations or local community organisations. The Trust will encourage all staff to:

Ask service user about their spiritual and religious needs upon entry the service and throughout their care and treatment;

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Help service users to identify those aspects of life that provide them with meaning, hope, value and purpose;

Ensure that within their service there is appropriate access to relevant and appropriate religious and spiritual resources;

Work with the chaplaincy and or groups in the community as well as NHS estate managers to make available safe spaces where individuals can pray, meditate, worship or practice their faith;

Provide opportunities for service users to build links with local community religious and spiritual groups;

Avoid pathologising, dismissing or ignoring the religious or spiritual experiences of service users.

6.6.3 The Trust will work to improve the cultural competency of staff, so they are able to ask the appropriate questions about services‟ cultural and spiritual needs and identify resources with the Trust, local community or further afield to meet those needs.

6.7 Human Rights

6.7.1 The Trust believes that human rights and patient centred care are linked concepts. The Trust is committed to operating a human rights based approach, ensuring our staff understand their roles in promoting and protecting people‟s rights and applying the basic human rights principles of; ensuring fairness, respect, equality, dignity and autonomy throughout interaction with colleagues and service users in our day-to-day working lives.

6.7.2 The NHS Constitution includes a duty “not to discriminate against patients or staff and to adhere to equal opportunities and equality and human rights legislation”.

6.7.3 In valuing the diversity of our workforce, and promoting equality amongst staff, the Equality and Diversity Strategy will contribute to the continuing improvement of the quality of our services. Evidence shows that “treating all healthcare staff fairly and with respect is good for patient care. When black and minority ethnic staff, which make up a large minority of nurses, doctors and other NHS staff, are treated fairly it improves patient experience and patient safety” (Kline, 2015).

6.8 Mental Capacity Act

6.8.1 The Mental Capacity Act ( 2005) provides a statutory framework for people who lack capacity to make decisions for themselves on a range of matters including their care and treatment as well as financial decisions.

6.8.2 The Trust must ensure that the inclusivity inherent in the Mental Capacity Act is adhered to in practice; ensuring that no person is deemed to lack capacity merely by reference to their age, appearance or by making unjustified assumptions based upon an individual‟s condition or aspects of their behaviour. Staff must refer to the Trust‟s Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) Policy when dealing with issues relating to mental capacity.

6.9 External Agencies

6.9.1 The Trust seeks to encourage all organisations with which we have contact, be they partners, suppliers or contractors to be aware of this policy. The duties and responsibilities of external agencies will be subject to an equality impact analysis in relation to the protected characteristics of; age, disability, gender, race, religion or belief, sexual orientation, transgender, service users and carers to eliminate the possibility of direct or indirect discrimination, associative discrimination and discrimination by perception.

6.10 Work-life Balance

6.10.1 We acknowledge that some working arrangements may cause difficulty for certain sections of society. We provide flexible working practices and family friendly policies and disability leave to encourage the retention of existing employees and to attract the best possible candidates in the recruitment process. Schemes currently available include part-time working, job sharing, maternity leave, adoption leave, parental leave, flexible working hours and other special leave provisions. For example: term time only working or annualised hours.

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6.11 Social Inclusion

6.11.1 Social inclusion has direct links with anti-poverty, disadvantage, and discrimination and equality and human rights issues. There may be economic and social factors that increase the likelihood of individuals being affected by exclusion. Certain „groups‟ may experience disadvantage and discrimination because of their education, employment status, health or ‟ other factors.

6.11.2 Our services will be delivered fairly by recognising and valuing the needs of our diverse communities. We will listen to local people and seek to deliver services that are responsive to community needs by reflecting the aims of this policy and the Trust‟s approach to equity of service delivery by breaking the cycle of exclusion.

6.12 Due Regard

6.12.1 Decisions are made within the Trust that affect the lives and relationships of service users, carers, staff, other stakeholders and visitors on a daily basis. The Equality Act (2010) requires us to pay „Due Regard‟, when considering the effects on different groups protected from discrimination (nine protected characteristics). Due regard can be demonstrated by carrying out Equality Impact Analysis (EIA).

6.13 Equality Impact Analysis

6.13.1 All senior staff producing policies, procedures or overseeing service developments should carry out equality impact analysis on the initiative to determine what the likely impacts are on different protected characteristics and disadvantaged groups and what mitigating actions might be necessary to avoid potentially unlawful discrimination. The Equality Impact Analysis Guidance and Form are available on the Trust‟s intranet.

6.14 The Legal Framework

6.14.1 This policy covers all aspects of the Trusts work. The Trust will take all reasonable steps to ensure that it and its staff do not breach the equality obligations under the following:

Rehabilitation of Offenders Act (1974);

Employment Rights Act (1996);

Human Rights Act (1998);

Part-Time Workers (Prevention of Less Favourable Treatment) Regulations (2000);

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations (2002);

Civil Partnership Act (2004);

Gender Recognition Act (2004);

Work and Families Act (2006);

Equality Act (2010)

6.14.2 Any other relevant legislation in force from time to time relating to discrimination in employment and the provision of goods, facilities or services.

7. WORKFORCE EQUALITY STANDARDS

7.1 The Trust currently is mandated to work on the NHS England Workforce Race Equality Standard (WRES) and the Workforce Disability Equality Standard (WDES), please see below.

8. WORKFORCE RACE EQUALITY STANDARDS (WRES)

8.1 In April 2015 NHS England introduced the Workforce Race Equality Standard (WRES). The standard consists of a nine indicators and requires NHS organisations to close the gap between the BME and white staff experience for those indicators.

8.2 The WRES directly supports the Equality Delivery System (EDS2) goals 3 and 4: Representative Workforce and Inclusive Leadership (including the Board) and indirectly supports EDS2 Goals 1 and 2: Better Health Outcomes and Improved Patient Access and Experience.

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9. WORKFORCE DISABILITY STANDARDS (WDES)

9.1 The Workforce Disability Equality Standard (WDES) is a set of specific measures (metrics) that will enable NHS organisations to compare the experiences of disabled and non-disabled staff (i.e. the WDES echoes the WRES).

9.2 This information will then be used by the relevant organisations to develop a local action plan, and enable them to demonstrate progress against the indicators of disability equality. The WDES is due to be launched in autumn 2019.

10. SEXUAL ORIENTATION MONITORING INFORMATION STANDARD (SOM)

10.1 The SOM information standard provides a consistent mechanism for recording the sexual orientation of all patients/service users aged 16 years, across all health services in England. It will also cover local authorities with responsibilities for adult social care in all service areas where it may be relevant to record this data using a standardised format.

10.2 Health and care organisations must review the impact of the SOM information standard and make appropriate changes to local Health IT Systems. Wherever sexual orientation monitoring occurs in an organisation, plans should be made to use the categories specified for these purposes in the standard by the conformance date – 31st March 2019.

11. ACCESSIBLE INFORMATION STANDARD (AIS)

11.1 The Accessible Information Standard is a mandatory requirement that outlines a specific, consistent approach to identifying, recording, flagging, sharing and meeting the information and communication support needs of service users‟ and carers where those needs relate to a disability, impairment or sensory loss.

11.2 The Standard applies to services provided by C&I, to support effective implementation the Trust has in place the Accessible Information Standard Guidance. The Trust believes that successful implementation of this standard across all services will lead to improved outcomes and experiences and the provision of safer and more personalised care and services to those individuals who come within the Standard‟s scope.

12. EQUALITY DELIVERY SYSTEM (EDS2)

12.1 The Equality Delivery System (EDS) was rolled out to the NHS in July 2011 and formally launched in November 2011, and is currently being implemented by the vast majority of NHS organisations across England. The design and implementation of the EDS was independently evaluated by Shared Intelligence in 2012. Based on this evaluation and subsequent engagement with a spread of NHS organisations and stakeholders, a refreshed EDS is now available. It is known as EDS2.

12.2 EDS2 is an inclusive equality tool designed for both NHS commissioners and providers. At the heart of EDS2 are 18 outcomes, against which commissioner and provider organisations assess and grade themselves.

12.3 These outcomes relate to issues that matter to people who use the NHS and who work in commissioner and provider organisations. They support the themes of/and deliver on; the NHS Outcomes Framework, the NHS Constitution and the Care Quality Commission standards.

13. STAFF NETWORKS

13.1 Our staff networks are very important to support the workforce. We have established the BAME, Disability Staff+ Network and the Rainbow+ Staff Network with a view to developing further staff networks e.g. Women‟s Staff Network.

14. TRAINING

14.1 The Trust is committed to ensuring that it meets its responsibilities in relation to being proactive in developing anti-oppressive practice and to combat discrimination and stigma.

14.2 To make this policy an effective working document by providing access to awareness and understanding of equality and human rights issues. We will develop mechanisms, which show

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how equality can impact on good working relationships and thereby enhance and improve our standards of service delivery. Ensuring equality, diversity and inclusion are key components to all training delivered across the Trust.

14.3 All employees are required to undertake core training in equality, diversity and inclusion.

15. DISSEMINATION AND IMPLEMENTATION

15.1 This policy will be made available on the Trust intranet and internet and publicised through the Trust Bulletin (the Trust internal electronic newsletter). The policy will be discussed at leadership briefings and team meetings. Staff networks will be asked to discuss and publicise the policy at their meetings.

15.2 Training for all staff will be provided to ensure that prejudice is reduced and understanding is promoted. The Trust‟s training needs analysis will ensure that training is appropriate and effective. New staff will be made aware of the policy at the Trust induction.

16. MONITORING, REVIEW AND GOVERNANCE

16.1 The performance management of the Trust‟s equality, diversity and human rights activities will be part of its mainstream management process.

16.2 The Trust will use the NHS wide Equality Delivery System (EDS2) to manage engagement in the evaluation of its overall performance and the review and setting of equality objectives.

16.3 Responsibility for coordinating and driving the process will rest with the Trust‟s Equality Diversity and Inclusion Lead. Delivery of equal opportunities and the protection of human rights on the ground is the responsibility of the managers of individual services.

16.4 Any significant risks or developments will be reported to Governance and Risk Management.

16.5 The Board will receive and Annual Report on equality performance, supported by updates from the Director of Human Resources and Organisational Development.

16.6 In addition, the Trust will establish and maintain community engagement on equalities, diversity and inclusion – with the remit to identify and promote examples of good equalities practice, recommend ways in which the Trust can better assess and meet the cultural and spiritual needs of patients and promote the widest possible understanding of the Equality Delivery System (EDS2) and consider equality and service user care quality performance data.

17. REVIEW OF THE POLICY

17.1 This policy will be reviewed in two years from the date of ratification.

18. REFERENCES

This policy was drafted with reference to the following: • Mersey Care NHS Foundation Trust • Brighton and Hove Clinical Commissioning Group • Equality Act (2010) • Mental Capacity Act (2005) • Public Sector Equality Duty • ACAS Advice and Guidance • Equality and Human Rights Commission

19. ASSOCIATED DOCUMENTS Bullying and Discrimination Policy Capability Policy Change Management Policy Family and Friends Leave Policy Flexible Working Policy Special Leave Policy Study Leave Policy 20. APPENDICES

Please see separate: Appendix 1 – Definitions

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Appendix 1 – Definitions

Due Regard Having due regard for advancing equality involves; Removing or minimising disadvantages suffered by people due to their protected characteristics, taking steps to meet the needs of the people from protected groups - where these are different from the needs of other people, encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

Direct

Discrimination

A person discriminates against another if they treat a person, (because of a protected characteristic), less favourably than they would treat others. For instance making jokes at the expense of someone‟s sexual orientation or faith.

Indirect

Discrimination

A person discriminates against another if they apply a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic. For example if something is applied universally, but its practical effect disproportionately disadvantages one or more specific groups. For instance having an inflexible dress code or uniform policy that prohibits people wearing headwear, could potentially disadvantage certain religious groups as this is requirement or their religion.

Associative

Discrimination

This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. For instance deciding someone is unable to do a job because of their caring responsibilities for someone who is disabled.

Discrimination

Arising from

Disability

This occurs when a disabled person is treated unfavourably because of something connected with their disability and the unfavourable treatment cannot be justified (i.e. it can be demonstrated to be the least discriminatory way of delivering a service, policy or procedure – contact the EDHR team for more details). For example a parent seeks admission to a crèche for their child who has a disability which means that they do not have full bowel control. The crèche says that they cannot admit the child because they are not toilet trained and the children at the crèche are required to be. The refusal to admit the child is not because of the disability itself; but due to experiencing detrimental treatment as a consequence of their incontinence.

Learning

disability

A is a reduced intellectual ability and difficulty with everyday activities –

for example household tasks, socialising or managing money – which affects

someone for their whole life. People with a learning disability tend to take

longer to learn and may need support to develop new skills, understand

complicated information and interact with other people.

Harassment This takes place where, for a reason that relates to person‟s protected characteristic, the harasser engages in unwanted conduct which has the purpose or effect of violating the person‟s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her.

Victimisation Occurs when an employee is punished or treated unfavourably as a

result of complaining or supporting a complaint of discrimination/harassment. For example, an employee raises a grievance about disability discrimination and is dismissed as a result.

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Genuine

Occupational

Requirement

In limited circumstances it can be lawful for an employer to require a job applicant or worker to have a particular protected characteristic. This requirement has to be both intrinsic to the role, and has to be a proportionate means of achieving a legitimate aim.

Hate Crime Any criminal activity (for example physical assault, verbal abuse, vandalism, etc.) that is targeted at a person because of prejudice towards

a person‟s: for example; Disability, Race or Ethnicity,Religion or Belief,

Sexual Orientation (e.g. homophobia or heterophobia)Gender Identity (e.g. transphobia),

Failure to make a reasonable adjustment/ workplace adjustments

Under disability legislation, discrimination also refers to failure to make a reasonable adjustment to the workplace or to employment arrangements without justification. This is in order that the disabled person is not put at any substantial disadvantage compared to a non-disabled person.

Positive Action Positive action is a range of lawful actions that seek to overcome or minimise disadvantages in employment opportunities that people who share a protected characteristic have experienced, or to meet their different needs. Positive action is lawful. Positive action is not positive discrimination – which generally is not lawful.