NHS Fife acknowledges and agrees with the importance of regular and timely review of policy statements and aims to review policies within the timescales set out.
New policies will be subject to a review date of no more than 1 year from the date of first issue.
Reviewed policies will have a review date set that is relevant to the content (advised by the author) but will be no longer than 3 years.
If a policy is past its review date then the content will remain extant until such time as the policy review is complete and the new version published, or there are national policy or legislative changes.
This policy sets out NHS Fife’s commitment to the principles, as defined below, of equality, diversity and human rights in employment and sets out the approach to be followed, in order to ensure that such principles are consistently met.
While successful implementation of this policy will ensure compliance with current legislation and national policy, NHS Fife also recognises both the moral and business case for maintaining good employment practice in relation to equality, diversity and human rights.
NHS Fife recognises that it also has a unique opportunity to influence the practice of those other organisations with which it engages and to champion equality, diversity and human rights within society more generally.
This policy has been developed in partnership with local trade union/professional organisation representatives. It reflects the best practice, and meets the minimum standards, set out within the Embracing Equality, Diversity and Human Rights in NHS Scotland Partnership Information Network (PIN) Policy and the Equality Act 2010
This policy applies to all employees of NHS Fife.
This policy applies to all those who work within or apply to work within NHS Fife, regardless of employment status.
The responsibility for the application of the policy rests with Line Managers and HR staff within NHS Fife.
- OPERATIONAL SYSTEM
Equality is described by the Equality and Human Rights Commission as “ensuring that every individual has an equal opportunity to make the most of their lives and talents, and believing that no one should have poorer life choices because of where, what or whom they were born, or because of other characteristics”.
Managing diversity is defined as “valuing everyone as an individual”, recognizing that a “one-size fits all” approach to managing people does not achieve fairness and equality of opportunity, given that people have different needs, values and beliefs.
Human rights are defined as “the basic rights and freedoms to which all humans are entitled”. They ensure that people are treated fairly and with dignity and respect.
- AIM OF POLICY / PRINCIPLES AND VALUES
This policy sets out the aims of NHS Fife to:
- Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010 and less favourable treatment (directly or indirectly) of other categories of worker as set out within other relevant legislation;
- Advance equality of opportunity between people who share a protected characteristic (i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation) and those who do not;
- Foster good relations between people who share a protected characteristic and those who do not; and
- Ensure that the organisation has due regard for the European Convention of Human Rights (ECHR) in the discharge of its function.
- PRINCIPLES AND VALUES
The following principles and values are key to the achievement of these aims:
- Equality, diversity and human rights must be at the heart of NHS Fife and everything it does;
- Disadvantages experienced by people due to their protected characteristics will be removed or minimized in order to create an environment in which individual differences and the contributions of all staff are recognised and valued;
- Steps will be taken to meet the needs of people from protected groups where these are different from the needs of those not in protected groups.
- Steps will be taken to reduce underrepresentation of people with particular protected characteristics and increase the diversity of our workforce, both at an organisational level and within different job roles;
- A zero tolerance approach will be taken to intimidation, bullying or harassment, recognising that all staff are entitled to a working environment that promotes dignity and respect for all;
- NHS Fife will act as an agent for change within local communities by positioning equality, diversity and human rights at the heart of local delivery plans;
- Whilst this will be achieved in part by being championed at a senior level, it can only be fully achieved through all those working within NHS Fife recognizing and adhering to their own personal responsibilities in this regard, and NHS Fife will therefore take steps to ensure that everyone in the organisation understands their rights and responsibilities under this policy;
- NHS Fife will ensure that arrangements are in place to support staff who have equality, diversity and human rights issues;
- Equality and diversity monitoring will be undertaken on a regular basis, with resulting improvement actions being identified and achieved; and
- This policy will be subject to ongoing monitoring to ensure that it is being fairly and consistently applied and that the stated principles and values are being met. The policy will be subject to regular review, in partnership, to ensure that it remains fit for purpose.
- EQUALITY, DIVERSITY AND HUMAN RIGHTS OBLIGATIONS DURING THE EMPLOYMENT RELATIONSHIP
7.1 Recruitment and Selection
It is the policy of NHS Fife to ensure that:
- All the provisions set out within the Safer Pre and Post Employment Checks PIN policy and NHS Fife’s Recruitment and Selection Standards as detailed in the Recruitment & Selection Policy | NHS Fife are complied with;
- All those involved at any stage in the recruitment and selection process have appropriate training in both recruitment and selection, and equality, diversity and human rights;
- Where protected characteristics are indicated in the application form or subsequent selection process, this is not used to determine the success or otherwise of the applicant;
- Job descriptions and person specifications are not discriminatory, accurately describing the job and containing only those necessary or desirable criteria which are objectively justifiable, and which are capable of being tested objectively;
- Where appropriate, vacancies are advertised widely in order to select staff from as wide and diverse a pool of potential applicants as possible, with advertisements accessible to all those eligible to apply;
- Advertisements are not discriminatory, confirming that all applications will be considered solely on merit and that reasonable adjustments will be made for disabled people. Where a genuine occupational requirement exists which restricts applications to those with a particular protected characteristic, a statement will be included to this effect. Where there is a lack of representation from those with particular protected characteristics within the job role or the wider organisation, a statement will be included encouraging applications from such individuals;
- Any recruitment agencies operating on behalf of NHS Fife are expected to have due regard for the promotion of equal opportunities in the undertaking of their role and to demonstrate that they have equivalent policies in place and that they adhere to them;
- Reasonable adjustments are made for applicants with a disability, during both the application and selection process stages. Applicants with a disability who meet the minimum criteria for the job and who indicate, on their application form, that they wish to participate in the guaranteed interview scheme, will in all cases be short listed for inclusion within the selection process;
- Short listing of applicants is based only on information provided in the application form;
- Selection methods are well designed, properly administered and recognised as a reliable method of predicting an applicant’s performance in a particular job;
- Interviews are conducted strictly on the basis of the application form, the job description, the person specification, and the results of any selection tests, avoiding inappropriate or irrelevant questions;
- Employment decisions are based solely on objective application of agreed scoring methods. Where there is more than one appointable candidate at this stage, and one candidate possesses a protected characteristic under-represented in the job role or wider workforce, recruiting managers are encouraged to use this as a tie-breaker, making a decision as a proportionate means of achieving the aim of addressing disadvantage or under-representation in the workforce;
- Except in the case of individuals who are barred from undertaking regulated work, criminal convictions do not automatically prevent employment being offered. Any preferred candidates with convictions will be scored with NHS Fife policy on the use of disclosures, rehabilitation of offenders and protection from working with vulnerable groups and risk assessment process;
- References are only obtained, and, with the individual’s prior consent, circulated to members of the selection panel, after a selection decision has been reached, and that where a reference is subjective and negative, the successful applicant is given an opportunity to comment on it;
- The terms on which successful candidates are offered employment are free from taint of discrimination;
- Having secured a preferred candidate, all unsuccessful short listed candidates will be offered feedback; and
- Comprehensive records are kept, in line with the Data Protection Act 2018, which will allow NHS Fife to justify each decision and the process by which it was reached, to respond to any complaints of discrimination and to enable regular monitoring to identify any significant disparities between groups of people sharing different protected characteristics. If disparities are found, NHS Fife will investigate the possible causes in each case and take steps to remove any barriers.
7.2 During Employment
It is the policy of NHS Fife to ensure that:
- For all staff, at all stages and in all aspects, their employment relationship with the organisation is free from discrimination, victimisation and harassment. This will be achieved through delivering the appropriate training for all staff, including Managers in equality, diversity and human rights, both during induction and thereafter during the course of their employment;
- The NHS Scotland Workforce Bullying and Harassment Policy is implemented consistently, with the commitment that inappropriate behaviour within or outwith the workplace (where still considered to be within the course of employment), including that related to a protected characteristic, will not be tolerated;
- Consideration is always given to making reasonable adjustments for members of staff with a disability so as to avoid their being placed at a substantial disadvantage compared to other staff. (refer to Appendix 1) Such staff are assured that any information disclosed about a disability will be held confidentially, only disclosed to others with the individual’s consent;
- Due regard is paid to the need to address pay inequality between women and men, making every effort to identify where equal pay is an issue and, where appropriate, taking steps to address such issues;
- All staff will have the right to make a request for flexible working and that any refusal of such a request will be objectively justified (in compliance with the Supporting the Work-Life Balance PIN policy and relevant NHS Fife policies) and in accordance with the statutory provisions;
- NHS Scotland Workforce Attendance policy is non-discriminatory in design and is applied fairly and consistently, and reasonable adjustments considered by management where appropriate (refer to Appendix 1);
- NHS Fife will consult with relevant staff to understand the requirements of their religion or belief, such as religious observances, and make appropriate provision to support them in doing so, where reasonably practicable;
- If a member of staff is undergoing gender reassignment, NHS Fife will consult with them sensitively about their needs in the workplace and whether there are any reasonable and practical steps that can be taken to help them as they undergo their gender reassignment process;
- NHS Fife will comply with NHS Fife’s local policies and the NHS Scotland Workforce Supporting the Work-Life Balance Policies in providing appropriate support to mothers who wish to breastfeed their children;
- NHS Fife will comply with the National Uniform Policy and Dress Code (as contained within CEL 42 (2010)), particularly in relation to specialist items which may be required to meet religious or medical needs;
- Training and development opportunities are made known to all relevant members of staff, with selection for training (including any criteria used for selection) being free from discrimination. Furthermore, NHS Fife will take positive action in the provision of such opportunities to remedy disadvantage, meet different needs or increase the participation of people who share a protected characteristic;
- NHS Fife will ensure that personal development planning and review / appraisal processes are free from discrimination, by ensuring that such processes are in line with NHS Fife’s Personal Development Planning and Review Policy, with performance measured by transparent, objective and justifiable criteria using procedures that are consistently applied;
- NHS Fife will ensure that work is assigned to staff by managers in a fair and consistent manner.
- NHS Fife will ensure that decision making processes in relation to displacement on organisational change grounds, subsequent redeployment decisions, and, where applicable, voluntary severance, are non-discriminatory in design and application, and meet the requirements of NHS Fife’s Redeployment Policy.
- NHS Scotland workforce policies and any NHS Fife policies do not discriminate against members of staff either in the way they are designed or how they are implemented in practice. Where changes to policies and procedures are being considered, in addition to consulting with recognized trade unions / professional organisations, NHS Fife will also consult with trade union / professional organisation equality representatives as a first step towards understanding the diverse needs of members of staff;
- Proper records are maintained, in line with the Data Protection Act 2018, of decisions taken in relation to individual members of staff, and the reasons for these decisions; and
- Regular monitoring of overall workplace figures on matters such as requests for flexible working, promotion, training and disciplinary procedures is undertaken in order to identify any significant disparities between groups of people sharing different protected characteristics. If disparities are found, NHS Fife will investigate the possible causes in each case and take steps to remove any barriers.
NHS Fife will not tolerate behaviours that may constitute discrimination, harassment or victimisation of its staff in the course of their employment, nor will it tolerate such behaviour by its staff whether directed against colleagues or other people with whom they come into contact during the course of their employment.
Staff should be encouraged to report any such incidents via DATIX, and have access to the NHS Scotland Bullying and Harassment policy and processes available to progress concerns. Managers can also instigate an investigation into concerns raised.
All staff must adhere to this policy, and failure to do so may lead to disciplinary action.
Any member of staff who believes that they have been treated less favourably because of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, part-time status, fixed-term contract status or membership (or non-membership) of a trade union / professional organisation is encouraged to raise the matter through NHS Scotland Workforce grievance policy. Grievance Policy Overview | NHS Scotland
If the complaint is about harassment or victimisation, then the staff member should raise the matter using NHS Scotland Workforice Bullying and Harassment Policy. Bullying and Harassment Policy Overview | NHS Scotland
8.3 Dealing with Grievances / Harassment
It is the policy of NHS Fife to ensure that:
- Where a complaint is received, staff are not discriminated against in the way that the organisation responds to it;
- Such matters will be taken seriously and investigated promptly and not dismissed as “over-sensitivity” or “workplace culture” on the part of the member of staff;
- The matter will be thoroughly investigated using NHS Scotland Workforce Policies Investigation Process, and where an investigation recommends that a conduct process is appropriate, the individual against whom allegations have been made will be given a fair hearing; and
- Members of staff who have raised allegations in good faith, regardless of whether or not they are upheld, and members of staff who have participated in the process, (eg as a witness), must not be subject to any detriment because of having done so.
- ASSESSING IMPACT
NHS Fife has a legal duty to advance equality as set out in the Equality Act 2010, the Equality Impact Assessment (EQIA) helps us to do this.
The EQIA is a Equality Impact Assessment Toolkit (EQIA) to help us work through this process.
Staff members are required to consider the positive or negative impact of all strategies and policies. This includes General, Clinical and Human Resource policies. It enables NHS Fife to ensure that as an organisation we can demonstrate that we have due 'regard' to the following General Duty of the Equality Act 2010, to:
- advance equality of opportunity
- foster good relations
- eliminate unlawful conduct such as discrimination, harassment and victimisation
The legislation also requires that NHS Fife publishes the EQIAs so that we are open and transparent in the inclusiveness of all our service delivery and Human Resources services. The EQIA is an opportunity to highlight areas of good practice that promote mainstreaming of Equality and Human Rights.
Stage 1 Equality Impact Assessment:
This is a brief impact assessment on an area of work to help identify the potential for ‘Adverse Impact’ on any of the nine ‘Protected Characteristic’ groups. This will involve identifying the evidence for your decision and submitting that in your return.
The Stage 1 EQIA will help you to establish if the adverse impacts you identify warrant the completion of a Stage 2 EQIA as well.
The stage 1 must be signed off at Service Manager level. An upto date stage 1 and stage 2 Equality impact assessment form and process can be found on Blink
- RAISING AWARENESS
To support the fair and consistent application of this policy, NHS Fife will ensure that all staff understand what this policy means for them, with regard to both rights and responsibilities. We will:
- Ensure that this policy is published widely using appropriate communication channels;
- Ensure that presentation on our commitment to equality, diversity and human rights is included within the corporate induction programme;
- Require all staff to undertake mandatory training on equality, diversity and human rights, under this policy, alongside training on NHS Scotland Workforce Bullying and Harassment Policy;
- Develop and deliver additional targeted training in response to any issues identified as part of the monitoring process; and
- Ensure all those staff with a managerial responsibility participate in additional management training (as soon as possible on becoming a manager and from time to time thereafter), on their vital role and responsibilities under the policy, particularly in relation to how to prevent equality and diversity issues arising and on how to manage such situations where they do arise within the workplace.
- EQUALITY, DIVERSITY & HUMAN RIGHTS MONITORING
- NHS Fife recognises that monitoring and evaluation, and subsequent action, is essential to ensure that this policy is successfully applied, is known about and works;
- NHS Fife will commit to monitoring the following information in relation to each of the protected characteristics listed under the Equality Act 2010, the Equality Act 2010 (Specific Duties Scotland) Regulations 2012 as well as in relation to other categories of worker protected under legislation from less favourable treatment:
Recruitment (including redeployment and successful and unsuccessful applicants)
Applicants for employment (internally and externally)
Those who are successful (or not) in the short-listing process
Those who are successful (or not) at each subsequent stage of the selection process
During Employment (including those on fixed-term contracts and promoted)
Members of staff in post by job, location and band / grade
Applicants for training
Members of staff who receive training
Time spent at a particular band / grade
Members of staff who benefit (or not) via PDPR / appraisal procedures (eg gateway progression with KSF or PRP with Executive & Senior Management Cohort)
Requests for flexible working
Allocation of discretionary points in the case of medical / dental staff
Member of staff involved in grievance / dignity at work procedures
Members of staff subject to formal procedures relating to conduct, capability or sickness absence
Members of staff displaced as a result of organisational change
Termination of employment
Resignation (including exit interview information)
Termination for other reasons
- NHS Fife will only collect information which is required by law and can be used effectively;
- NHS Fife will ensure that all those from whom we are seeking such information are made aware of how we will use this information, how they will benefit in the long term and that this data will be gathered, stored and used in line with the Data Protection Act 2018; and
- Information collected will be regularly collated and analysed, according to the timescales locally agreed in partnership.
- ACTION PLANNING
By undertaking equality, diversity and human rights monitoring, NHS Fife can:
- Establish whether this policy is effective in practice;
- Analyse the effect of other policies and practices on staff with particular characteristics;
- Highlight possible inequalities and investigate their underlying causes;
- Set targets and timetables for reducing disparities; and
- Send a clear message to applicants and members of staff that equality, diversity and human rights issues are taken seriously within the organisation.
NHS Fife will agree, via the Area Partnership Forum, equality outcomes, which will be monitored and reviewed annually, with a plan detailing how these objectives will be met. Such action plans will detail initiatives / developments that will help the organisation address short term, as well as medium to long term goals, with the aim of improving equality, diversity and human rights within the organisation.
We will ensure that communication on progress against and achievement of such objectives is made to both managers, staff and trade union / professional organisation representatives, and are published in an annual report.
Appendix 1 Reasonable Adjustments
What is a reasonable adjustment?
Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone's disability. For example:
- Making changes to the workplace
- Changing someone's working arrangements
- Finding a different way to do something
- Providing equipment, services or support.
Reasonable adjustments are specific to an individual person. It's not enough for employers to provide disabled people with exactly the same working conditions as non-disabled people. Employers must consider reasonable adjustments by law.
Some disabled people might not need or want adjustments, although this might change over time.
A Manager must consider reasonable adjustments when;
- They know or could be expected to know an employee or job applicant has a disability
- When an employee or applicant with a disability asks for adjustments
- When an employee with a disability is having difficulty with any part of their job When an employee’s absence record is linked to their disability
When an employer fails to consider reasonable adjustments, an employee could make a disability discrimination claim to an employment tribunal.
What 'reasonable' means
What is reasonable depends on each situation. The employer must consider carefully if the adjustment:
- will remove or reduce the disadvantage – the employer should talk with the person and not make assumptions
- is practical to make
- is affordable
- could harm the health and safety of others
An employer does not have to make adjustments that are unreasonable. However, they should still find other ways to support the disabled person. This could include making other adjustments that are reasonable.
Definition of Disability
‘Disability’ as defined by the Equality Act 2010 is a physical or mental impairment that has a ‘substantial’ and ‘long term’ negative effect on a person’s ability to do normal daily activities. This means that in general, the person must meet the all of the following criteria to be considered disabled for the purpose of the Equality Act 2010:
- The person must have an impairment that is either physical or mental,
- The impairment must have adverse effects which are substantial,
- The substantial adverse effects must be long-term,
- The long-term substantial adverse effects must be effects on normal day-to-day activities. An exception to this is a person with severe disfigurement.
If an employee makes their Manager aware of their disability and due to this they are having difficulties in their role, or need supports in their role, the Manager should consider referring to Occupational Health for advice on how best to support the employee. Occupational health can also advise if in their view the employee has a disability that would be covered by the Equality Act 2010.
Asking for reasonable adjustments
Any Employee who is disabled and who needs a reasonable adjustment should talk with their manager, This is so:
- the Employee can explain their situation
- the Manager can understand how they can help
- they can discuss and agree on reasonable adjustments together
Manager receiving a reasonable adjustment request
When an employee talks about their disability and the support they need, the Manager should:
- take the lead from the disabled person
- listen to the person and try to understand how their disability affects them
- not make assumptions
- consider the person's specific situation
Some adjustments might be straightforward to discuss and agree together.
If the adjustments are not straight forward or the Manager feels they need further advice, a Management referral should be made to Occupational health. Occupational health will give medical advice on how best to support the employee including giving recommendations of adjustments.
As detailed above Occupational health can also advise if the employee has a disability covered by the Equality Act 2010. Please note whether the employee’s condition is covered by the Equality Act or not NHS Fife promotes consideration of reasonable adjustments to support any employee in their role if required.
The Manager must keep in mind that recommendations for adjustments from Occupational health are recommendations, and it is for the Manager to fully consider if they are reasonable adjustments based on the role and service. If the Manager is unsure whether an adjustment is reasonable or not, for example; they feel implementation of an adjustment could have a significant impact on service provision or safety of patients, they should discuss with a senior manager and/or HR before reaching a decision. If it is agreed that the adjustment is not reasonable the Manager should look at discussing other ways to support the member of staff.