REF: CORP/EMP 4
v.5
FAIR TREATMENT FOR ALL
This procedural document supersedes : Fair Treatment for All CORP/EMP 4 v.4
Name and title of author/reviewer:
(this version)
Keeley Cromwell - Senior Human Resources
Advisor
Date revised
March 2011
Human Resources Policy Sub Group
Approved by (Committee/Group)
(ratified by Joint Staff Consultative Committee)
Date of approval
27 April 2011
Date issued
June 2011
Review date
March 2013
Target audience:
Trust-wide
WARNING: Always ensure that you are using the most up to date approved procedural
document. If you are unsure, you can check that it is the most up to date version by looking
on the Trust Website: www.dbh.nhs.uk under the headings → ‘Freedom of Information’ →
‘Information Classes’ → ‘Policies and Procedures’
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FAIR TREATMENT FOR ALL
Amendment Form
Version
Date
Brief Summary of Changes
Author
Equality Impact Assessment included
Monitoring and Compliance included
Equality Act added to legislative framework
Keeley Cromwell
Version 5 March
2011



Version 4 May
2009
Updated to include:
Appendix A – Legislative Framework
Introduction amended
Statement amended
Section 6 - Responsibilities has been amended
Section 7 - Programme of action has been
amended
Human Rights statement included
Version 3 May
2006
This policy has been up-dated in line with the
Janette Bailey
new Employment Equality (Age) Regulations
2006.
2.
Reference to the Equality and Diversity
Strategy
7.3.3 Reference to the Disability Discrimination
Act 2005
7.5
Reference to Diversity Training
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Michelle Victor
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FAIR TREATMENT FOR ALL
Contents
Paragraph
Page
1
Introduction
4
2
Equality Impact Assessment
4
3
Legislative Framework and Codes Of Practice
4
4
Statement
5
5
Application and Scope
5
6
Responsibilities
5
7
Programme of Action
6
8
Redress
7
9
Monitoring and Compliance
7
10
Other Related Policies
9
11
Human Rights Statement
9
Legislative Framework
10
Appendix 1
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FAIR TREATMENT FOR ALL
1.
INTRODUCTION
The Trust acknowledges the importance of providing equal opportunities in
employment not only because it recognises the basic duty of an employer to treat
existing and prospective employees fairly but also because it appreciates the value
of a diverse workforce. The Trust recognises that diversity adds value through
enabling the Trust to provide responsive and quality services to all patients. The
Trust aims to ensure that the workforce is truly representative of the local
community. The Trust actively discourages any discriminatory practice that may
prevent its ability to make full use of the skills and aptitudes available within the
existing or potential workforce.
Equality is essentially about creating a fairer society where everyone can participate
and has the opportunity for potential. Legislation is in place to address unfair
discrimination to staff.
Diversity is about the recognition and valuing of difference in its broadest sense.
Diversity recognises that people from different backgrounds can bring fresh ideas
and creativity that taps into hidden capacity for growth and improved services.
2.
EQUALITY IMPACT ASSESSMENT
An Equality Impact Assessment (EIA) has been conducted on this procedural
document in line with the principles of the Equality Impact Assessment Policy and
the Fair Treatment For All Policy.
The purpose of the EIA is to minimise and if possible remove any disproportionate
impact on employees on the grounds of race, sex, disability, age, sexual orientation
or religious belief. No detriment was identified.
A copy of the EIA is available on request from the HR department.
3.
LEGISLATIVE FRAMEWORK AND CODES OF PRACTICE
The Trust is seeking to ensure that good employment practice operates rather than
compliance with legal requirements. The Trust believes that good employment
practice taking account of the legislative framework and codes of practice are more
likely to lead to the elimination of circumstances where discrimination might take
place.
Full details of legal requirements and how we meet our legal requirements are
contained within the Trusts Equality and Diversity Strategy.
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4.
v.5
STATEMENT
Doncaster and Bassetlaw Hospitals NHS Foundation Trust is firmly committed to the
fair and equitable treatment of both existing and prospective employees in all
employment matters.
To reflect this commitment, the Trust is actively pursing the implementation of
employment practices which require managers to demonstrate that all employment
decisions are taken on the basis of criteria which can be justified either in job related
or operational terms.
To enable managers to define effectively what may or may not be considered to be
job related or operationally justifiable, the Trust accepts its responsibility for
educating all decision makers to recognise, and act upon legislation which seeks to
eliminate discrimination in employment. It also recognises the need to balance the
value of any rule, condition or requirement against its discriminatory effect in an
effort to eliminate unfair as well as unlawful discrimination from the decision-making
process.
The Race Equality Scheme, Disability Equality Scheme and Gender Equality
Scheme include specific actions around equality and diversity in employment.
The Trust recognises the right of all employees irrespective of age, gender, marital
status, religion or belief, ethnic origin, race, sexual orientation, disability or trade
union membership. Fair treatment is a moral and legal duty.
All Trust employees who work for the Trust, or those who apply for work will be
treated fairly and valued equally. All recruitment processes, terms of employment
and training and development opportunities will reflect the diversity of service and
employment needs.
The Trust acknowledges that this policy will succeed through the commitment of its
managers to implement good employment practice and, in conjunction with Human
Resources staff, to review those practices regularly taking remedial action as
necessary.
5.
APPLICATION AND SCOPE
This policy will apply to current and prospective employees, including those people
undertaking voluntary or student placements with the Trust. Although the primary
impact of this policy will be felt in the area of recruitment; promotion; and vocational
training; the policy is nevertheless applicable to any employment matter in which the
equitable treatment of people may be at issue.
6.
RESPONSIBILITIES
All employees will have some measure of responsibility for ensuring this policy is
effective. These are described below:
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6.1
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Responsibility of the Director of Human Resources
The Director of Human Resources is responsible for taking the lead on the
implementation of this policy, the co-ordination of an appropriate training
strategy and for the design of an appropriate system for effective
monitoring/evaluation.
6.2
Responsibility of Managers including Appointing Managers
As decision-makers, these individuals have responsibility to ensure all
management decisions are consistent with the spirit and intention of this
policy, to resist any pressures to act to the contrary and to promote
awareness of the principles of this policy amongst subordinate staff.
6.3
Responsibility of Employees
All employees have a duty to co-operate with any measures introduced by
management to ensure fair treatment for all. In addition, the Trust will not
tolerate any employee who harasses, abuses, intimidates or subjects another
person to any form of unfavourable treatment on account of that persons race,
gender, disability, age, sexual orientation and/or religion or belief. Equally,
employees must not put pressure on colleagues to behave in a way that is
contrary to this policy or condone behaviour that is inconsistent with this
policy.
6.4
Responsibility of the Human Resources Department
The Human Resources department has a responsibility to monitor the
implementation of the policy and to ensure that procedures are
managed fairly and consistently across the Trust. The HR department
is available to provide training, guidance and support to line managers
on the operation of this policy.
7.
PROGRAMME OF ACTION
The following actions are designed to demonstrate the nature of and evaluate the
effectiveness of the Trust’s commitment to fair treatment for all.
7.1
Recruitment and Selection Policy
A good practice guide, offering a step by step procedure with which decision
making will need to comply to demonstrate fairness.
The Trust has a fair and objective system for recruiting, which places
emphasis on individual skills, abilities and experience. Staff involved in
interviews will receive recruitment training which will include equality and
diversity to enable them to apply our commitments in this policy.
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Review of Existing Practice
Managers will be responsible for reviewing existing practice within their
department on a recurrent basis, to ensure it is consistent with the
Recruitment and Selection policy Managers are also responsible for taking
appropriate action to eliminate any apparent or potential unfairness.
8.
REDRESS
Any employee who considers that he/she has been unfairly discriminated against
should seek redress through the Trust’s Grievance and Disputes procedure (CORP
EMP 03).
It is recognised in cases of alleged harassment that it may be difficult for individuals
to follow the customary procedure where the complaint stems from the treatment by
an immediate superior. Where this situation arises the individual should consult the
Trust’s personal harassment policy and procedure (CORP EMP 07) and/or seek
advice from an appropriate senior manager.
Individuals will also have access to provisions arising under the Equality Act
including sex; race; disability; gender re-assignment; sexual orientation; religion or
belief; and age to make complaints. The time limits for such complaints are strict
and individuals are able to pursue such claims simultaneously with the Trust’s
Grievance and Disputes Procedure.
9
MONITORING AND COMPLIANCE
Systems have been developed to provide feedback on the effectiveness of this
policy. These include:
9.1
Audit of managers’ practice on a sample basis by the Director of Human
Resources.
9.2
A system for job application monitoring which provides a statistical analysis of
the success rate of all applicants who, for this purpose are categorised by
reference to those areas of statutory influence i.e. race, sex, marital status,
age, disability, sexual orientation, religion or belief.
9.3
A system for monitoring existing staff and applicants for jobs and promotion
by their racial group, disability and gender, in accordance with the Equality
Act, disability and gender equality schemes.
A system for monitoring our policies for any adverse impact on the promotion
of equality
A system to monitor the ethnicity, disability and gender of and analyse the
subsequent results from:


Grievances
Disciplinary action
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Performance Appraisal (when this results in benefits and sanctions)
Training
Dismissals and other reasons for leaving
The monitoring systems will be reviewed annually to establish whether they
are providing sufficient feedback and whether new systems should be
implemented.
9.4
Remedial Action
Where there is evidence of failure to adhere to Trust policies and procedures,
as a result of any of the monitoring procedures or as a result of complaints,
managers will have responsibility for investigating the matter further in
conjunction with a representative of the Human Resources Directorate and
take remedial action as appropriate. Equally, if there is evidence of certain
groups being disadvantaged for example, members of a particular ethnic
group do not apply for employment, secure posts or gain promotion and are
therefore under-represented within a particular area managers will be
expected to take action to address this imbalance.
9.5
Training and Guidance
The Trust’s Human Resources CSU on a regular basis will provide the
following training:
What’s new in employment? An update on new employment legislation,
amendments to Trust policy and advice on good practice in the area of
employment.
Diversity and Equality Training: The Trust is committed to ensuring that
staff receive adequate awareness in equality and diversity to undertake their
role. All staff have the opportunity to attend equality and diversity workshops
where the effects of bias and prejudice in the workplace are explored,
heightening awareness of unacceptable behaviours and further empowering
staff to speak out where they are encountered. The Trust also offer a Diversity
and Equality E-learning course for all staff who have a KSF Outline (everyone
except Doctors, Dentists and Directors) to meet the Equality and Diversity dimension
as a core part of their job role.
Recruitment and Selection Training for Managers: A comprehensive two
day training programme for managers who are new to recruiting staff or have
not received any formal training. The course covers the principles of fair
treatment for all together with all aspects of recruitment and selection
including person specifications, shortlisting and interviewing.
Wherever possible, other training and development opportunities will include
an element of raising awareness of Fair Treatment for All e.g. Institute of
Leadership Management (ILM) programme.
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In addition to the formal training programme, the Trust’s Human Resources
CSU will act as a central resource of advice and guidance on any matter
related to this policy.
10.
OTHER RELATED POLICIES
CORP EMP 3 - Grievance and Dispute Procedure
CORP EMP 7 - Personal Harassment Policy and Procedure
CORP EMP 14 - Voicing Your Concerns
CORP EMP 48 - Flexible Working
11.
HUMAN RIGHTS STATEMENT
This policy statement sets out the policy commitment on Human Rights for
Doncaster and Bassetlaw Hospitals NHS Foundation Trust. The Trust is committed
to upholding all fundamental human rights. The Human Rights Act 1998 came into
force in October 2000 and affects acts or decisions of public authorities made on or
after 2nd October 2000.
The Trust is committed to respecting the human rights of its staff, stakeholders and
the patients and service user to whom it provides a service.
The Trust will:






Treat all patients, service users, their carers, partners and relatives and
employees fairly, openly and honestly
Strive to stop all forms of discrimination and harassment
Provide a healthy, clean and safe environment for patients, service
users, their carers, partners and relatives and employees.
Communicate clearly with employees, respect and support their right to
join a Trade Union
Recognise and support the need for a work-life balance
Work towards employee diversity in departments and sections of the
Trust
Ensure that employees are fairly remunerated
The Trust will monitor and review the commitments set out in this policy.
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Appendix A
LEGISLATIVE FRAMEWORK
Equality Act 2010
Race Relations Act 1976
Sex Discrimination Act 1975, including the Gender Re-assignment Regulations
Race Relations (Amendment) Act 2000
Disability Discrimination Act 1995
Rehabilitation of Offenders Act 1974
Equal Pay Act 1970
Part time Workers Regulations 2000
Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations
(amended 2002)
Towards Equality and Diversity - which outlines Government's proposals with respect
to the implementation of the Race Directive and the Equal Treatment "Framework"
Directive
Employment Equality (Religious Belief) Regulations 2003
Employment Equality (Sexual Orientation) Regulations 2003
Disability Discrimination Act 1995 (Amendment) Regulations 2003
Disability Discrimination Act 2005
The Employment Equality (Age) Regulations 2006
Equality Act 2006
The Occupational Pension Scheme (Equal Treatment) (Amendment) Regulations
2005
The fixed-term employees (prevention of less favourable treatment) Regulations
2002
Employment Rights Act 1996
Human Rights Act 1998
Protection from Harassment Act 1997
CODES OF PRACTICE
Duty to promote Racial Equality
Duty to promote Disability Equality
Age Discrimination
Disability Discrimination
Sex and Marriage and the promotion of equal opportunity in employment.
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