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North Bristol NHS logo

Human Resources




Equality and Diversity Policy





Main Author: Alison West, Equality and Diversity Manager
Updated: Lesley Mansell, Equality and Diversity Manager
October 2010


Consultation Route: Equality and Diversity Committee, Policy Review
Group, Staff Side


Developed and Approved by: Policy Review Group



Original Date of Issue: J une 2008


Date of Review: 26 October 2010


Date of First Audit:


Current Version Reviewed by:
J CNC Sub Group 3
rd
November 2010

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Policy Statement


North Bristol Trust is committed to eliminating individual and institutional
discrimination, harassment and victimisation on the grounds of all the protected
characteristics, that is for Race, Sex, Disability, Sexual Orientation, Religion or
Belief, Gender Reassignment, Age, Marriage and Civil Partnership and
Pregnancy and Maternity.

Valuing diversity is a key organisational principle and equality
of opportunity and outcome for everyone is promoted within all Trust
business. NBT is building a culture that encourages dialogue and involves a
diverse range of staff and patients/service users in evaluating and planning
services.

The Trust therefore expects all staff, patients, service users, relatives, carers,
visitors and contractors to act in accordance with this Policy when delivering or
receiving the Trusts healthcare services.


Equality and Di versity Policy


1. Introduction

North Bristol Trust is committed to eliminating individual and
institutional discrimination, harassment and victimisation all the
protected characteristics that is:

race
sex
disability
sexual orientation
religion or belief
gender reassignment
age
marriage and civil partnership
pregnancy and maternity

The Trust also includes political affiliation or Trade Union membership
in this.

Valuing diversity is a key organisational principle and equality of opportunity and
outcome for everyone should be promoted within all Trust business. NBT is
building a culture that encourages dialogue and involves a diverse range of
staff and patients/service users in evaluating and planning services.

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2. Aim

The aim of this Policy is to build a fully inclusive organisation. This
will be achieved by:

Serving the community in a way which is appropriate,
accessible and responsive
Making the best use of the range of talent and experience
available within the workforce and potential workforce
The Trust and Individuals fulfilling their legal obligations


3. Responsibilities of the Trust and Individuals

Public authorities have a legal responsibility to demonstrate that
they treat all groups fairly in service planning, service delivery and
employment practices. This includes promoting good relationships
between different groups and equality of opportunity.

To achieve this North Bristol NHS Trust will:

Gather information on how our work affects different people
Consult employees, patients/service users and trade unions
about how our services and employment practices could be
improved
Assess the impact of current and proposed policies,
practices and services
Identify priorities and set equality objectives
Plan and take action to achieve those objectives
Publish and review Equality Objecti ves/Action Plans
Schemes and review progress every three years

This will enable resources to be used more effectively and lead to
improved patient satisfaction and health outcomes.

It will also enable the Trust to achieve its aim of a healthy work-life
balance for all staff, improve retention and prevent underutilisation
of some staff.

These legal responsibilities also extend to individuals and the Trust
therefore expects all staff, patients, service users, relatives, carers,
visitors and contractors to act in accordance with this Policy when
delivering or receiving the Trusts healthcare services.

All those with protected characteristics can expect
to be treated with dignity and respect in relation to all our services
whether they are patients, staff, carers, visitors or contractors.

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Key Responsibilities

Staff and Trust representatives

Staff are expected to treat every patient/service user fairly
and with respect.
All staff should deliver their work to the highest standard and
that means adapting as much as possible to the specific
needs of each individual patient/service user and working in
a supportive way with colleagues.
Every member of staff is an essential member of a team and
should feel able to develop their skills and play their part fully
in the organisation.
The Trust Board will monitor progress through the Equality
Impact Assessment process and support the implementation
of action plans.
All Managers and staff will ensure the incorporation of this
policys principles into all other Trust policies and
procedures.

Patients/Service users/Visitors

Patients/service users/visitors are expected to be respectful
to all staff and other patients/service users/visitors.


4. Advice and Complaints


All staff and patients/service users/visitors who feel they have
been subjected to discrimination or harassment have the right to
seek redress.

Staff may seek advice from the appropriate Human Resources
Manager or a local Trade Unions/Professional Associations
representative. Complaints should be submitted in accordance
with the Trust Grievance Procedure or the Policy on Dealing with
Harassment.


Patients/service users/visitors should contact the Advice and Complaints Team:
Telephone: 0117 340 3741 or 0117 340 3076 Fax: 0117 340 6561
Email: complaints@nbt.nhs.uk



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Verbal or physical abuse by anybody will not be tolerated. The
Trust may discipline Staff who are found to be abusive. If
patients/service users/visitors are verbally or physically abusive
the Trust may consider limiting or withdrawing the provision of
services to them, and may seek to prosecute.


5. Monitoring and Performance Management

Monitoring and analysis of employment information is carried out
and coordinated by the Workforce Directorate and used to inform
the Workforce Strategy.

Each Directorate identifies its own priorities for Equality Impact
Assessment (EIAs). All new services, service redesigns, new
policies and policy reviews will be considered for relevance to
equality and a full impact assessment carried out where
appropriate. EIAs are included in corporate objectives. The Trusts
EIA template is included as an Appendix.

The Equality and Diversity Committee is responsible for
developing Equality Actions, coordinating activity and producing
an Annual Report for the Trust Board. The Director of
Organisation, People and Performance chairs this committee as
the lead Director for Equality and Di versity.


The Chief Executive and Trust Board are ultimately accountable
for ensuring that all Trust business is compliant with Equality and
Diversity legislation and promotes equality of opportunity.


6. Legislative Framework


This Policy is underpinned by legislation, which places individual
responsibilities on staff/patients/service users/visitors as well as
the Trust, this includes:

Th Equality Act 2010
Race Relations Act 2000
Disability Discrimination Act 2005
Human Rights Act 1998
Gender Recognition Act 2004
The Equality Act 2006


The above list is not exhaustive and will be reviewed regularly.
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7. Policy Framework and Support


The Trust has also developed a number of other policies and
practices in support of the achievement of an organisational
culture free from unfair bias, discrimination and harassment. In
particular the Trusts Equality Scheme which includes all the protected
characteristics except Marriage and Civil Partnership and Pregnancy and
Maternity. The scheme will be reviewed to include these at a later date.


8. Policy Review


This Policy will be reviewed within three years (or sooner where
necessary) to ensure it remains in line with current legislation and
the Trusts organisational principles.



Signed...............................................................
Date..............................

Director of Human Resources



Signed..................................................................
Date............................

Chair of J oint Union Committee














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Appendix 1

North Bristol NHS Trust Equality and Di versity Policy
Equality Act 2010 Definitions

The Equality Act 2010 sets out clear definitions of discrimination these fall mainly
under four main areas: direct discrimination, indirect discrimination, harassment
and victimisation.

These definitions are as set out in the act and may be subject to further
clarification by the courts.


Types of Discrimination


Direct Discrimination

The Equality Act 2010 sets out a new definition of direct discrimination which
occurs when a person treats one person less favourably than they would another
because of a protected characteristic.

Direct discrimination may occur if, for example:
The Trust decides not to interview a Muslim applicant for a catering job
because it assumes, on the basis of their religion or belief, that he or she
will not be prepared to serve alcohol in the Social club.
The Trust only shortlists women job applicants for an interview because
they assume men will not fit in
The Trust does not offer a training opportunity to an older member of staff
because they assume that they would not be interested, and the
opportunity is given to a younger worker

Different treatment can be justified on the grounds of Age if it is a proportionate
means of meeting a legitimate aim. This justification is likely to be difficult to
meet in most scenarios in the NHS.

The Equality Act 2010 extends protection on the basis of discrimination by
association and perception. This includes Race, Disability, Sex, Sexual
Orientation, Religion or Belief, Gender Reassignment, Pregnancy and Maternity.

Discrimination based on Association can occur if, for example:
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an employee is overlooked for promotion because their partner has
undergone gender reassignment

Discrimination based on Perception can occur if, for example:
the Trust decides not to promote a female employee because senior staff
believe her to be pregnant, irrespective of whether she is pregnant or not
a mental health and wellbeing officer refuses to work with a patient
because they believe the patient to be gay, irrespective of whether they
are gay or not
Discrimination Arising from Disability

This replaces disability-related discrimination and is an extension to the
provisions relating to disability direct and indirect discrimination, harassment and
victimisation. It is discrimination to treat a disabled person in a particular way
that, because of their disability, amounts to treating them unfavourably when the
treatment cannot be shown to be justified.

Indirect discrimination

Indirect discrimination occurs when a provision, criterion or practice is
superficially neutral, but its impact particularly disadvantages people with a
protected characteristic.

Indirect discrimination covers disabled people. However, it does not
cover pregnancy and maternity.

It is not unlawful if the provision can be justified as a proportionate means of
achieving a legitimate aim. In this case we would have to show that it is a need
of the business of the Trust and there are no other alternatives. If there is a
discriminatory effect the sole purpose to reduce costs is unlikely to be regarded
as a legitimate aim. The courts of law or tribunal will determine what is
justifiable.

Harassment

Harassment covers Race, Disability, Sex, Sexual Orientation, Religion or Belief,
Gender Reassignment and Age. It does not cover Marriage and Civil Partnership
or Pregnancy and Maternity. The Act outlines three main types of harassment:
unwanted conduct that has the purpose or effect of creating an
intimidating, hostile, degrading, humiliating or offensive environment for
the complainant, or violating the complainants dignity (this applies to all
the protected characteristics apart from pregnancy and maternity, and
marriage and civil partnership)
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unwanted conduct of a sexual nature (sexual harassment)
treating a person less favourably than another person because they have
either submitted to, or did not submit to, sexual harassment or harassment
related to sex or gender reassignment


Third Party Harassment

This is where staff are harassed by third parties, such as maintenance
contractors, over whom the Trust does not have direct control.
We would not be responsible providing we have taken reasonable steps to
prevent the third party from harassing staff.

Third party harassment covers all protected characteristics, apart from
Pregnancy and Maternity and Marriage and Civil Partnerships.

Victimisation

Victimisation takes place where one person treats another less favourably
because he or she has asserted their legal rights in line with the Act or helped
someone else to do so.


Protected Characteristics


Race

Race includes colour, nationality and ethnic or national origins.

Disability

A person has a disability if they have a physical or mental impairment and the
impairment has a substantial and long-term adverse effect on their ability to carry
out normal day-to-day activities.

Sex

Relates to women and men.

Sexual Orientation

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This is defined as being a persons sexual orientation towards people of the
same sex, people of the opposite sex and people of both. This relates to a
persons feelings rather than their actions.

Religion or Belief

Religion means any religion and a reference to religion includes a reference to
a lack of religion.

Belief means any religious or philosophical belief and a reference to belief
includes a reference to a lack of belief.

Gender Reassignment

The definition of gender reassignment is: where a person has proposed, started
or completed a process to change his or her sex. A trans person has the
protected characteristic of gender reassignment. Trans people do not have to
be under medical supervision to be protected by the law.

In addition to direct and indirect discrimination, protection remains for people
undergoing gender reassignment from discrimination due to absence from work.
The Act provides that they should be treated no less favourably than if the
absence was due to sickness or injury or another reason e.g. caring for a
relative.

Age

Age refers to people of a particular age group; people who are of the same age
group and people of a range of ages.

Marriage and Civil Partnership

The Act recognises marriage and civil partnership as a protected characteristic.
However, it does not protect people who are not married or not in a civil
partnership.

It is lawful to conduct civil partnerships on religious premises in England and
Wales.

Pregnancy and Maternity

Women who are pregnant, or have given birth within the last 26 weeks are
explicitly protected from unfavourable treatment as is breastfeeding.

Protection is also extended to women outside of the workplace from
discrimination that arises as a result of pregnancy and maternity including the
right to breast feed. This covers unfavourable treatment within a period of 26
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weeks from when she has given birth. Outside of this 26-week period, a
breastfeeding woman may be protected by the sex discrimination provisions.

Disclaimer

This document is intended for information purposes only. The author does not
assume any legal liability or responsibility for the accuracy, completeness, or
usefulness of any information disclosed.

Lesley Mansell
Equality and Diversity Manager
Tel: 0117 340 6471
Fax: 0117 340 3774
E mail: lesley.mansell@nbt.nhs.uk www.nbt.nhs.uk/equality