Equality and diversity

HTA's Equality, Diversity and Inclusion Human Rights Policy

Equality Statement

1. The HTA is committed to ensuring that all people management policies, and their application, are free from any form of discrimination on the grounds of: race; disability; gender; gender identity; gender reassignment; religion/belief; age; sex; sexual orientation; pregnancy, maternity or marital/civil partnership status. These are known as ‘protected characteristics’ as defined in the Equality Act 2010 and are subject to amendment in line with the Act.

2. The HTA recognises that it is unlawful to discriminate on the grounds of any of the defined protected characteristics. However, the principles of this policy are applicable in all circumstances and referred to across all HTA HR policies.

3. The HTA’s aim is that the workforce be truly representative of all sections of society and each member of staff feels supported and respected. The HTA will monitor use of this Equality, Diversity & Inclusion Human Rights Policy in order to identify any adverse impact on any particular group of individuals and take action accordingly.

4. All staff should confirm that they have read this policy as part of the induction process.

5. This policy does not form part of any member of staff’s contract of employment. Elements of this policy may be revised or withdrawn at any time at the HTA’s absolute discretion.

Introduction and Purpose

6. As an equal opportunities employer, the HTA will promote equality to all staff and with due regard to the protected characteristics. Everybody has a right to be treated with dignity and respect and in doing so the HTA recognises its legal duties under the Equality Act 2010 and Human Rights Act 1998.

7. The HTA is committed to creating a culture in which equality, diversity and human rights (EDHR) are actively promoted and discrimination of any kind is not tolerated. The HTA strives to respect and value the experiences of a diverse workforce, stakeholders and the public, recognising and respecting that individuals are unique.

The HTA is subject to the Public Sector Equality Duty (PSED).

Legislation

8. The Equality Act 2010 provides protection against discrimination at work and in the provision of services. The Act simplifies, strengthens and harmonises previous equality legislation.

Definitions

9. Equality is not about treating everyone the same.

Equality recognises that:

· everyone has individual needs and the right to have those needs respected;

· if inequality exists unlawful discrimination needs to be tackled;

· employment and HTA services should be accessible to all; and

· it is about treating people fairly where everyone can participate and have the opportunity to fulfil their potential.

10. Diversity is about respecting and valuing individual difference.

A diverse approach aims to recognise an individual’s value and manage differences that enable individuals to contribute to and realise their full potential. Diversity challenges us to ensure the HTA has a positive working culture and environment and provides the opportunity for high quality provision for all people.

Inclusion is about embracing people regardless of their characteristics and ensuring equality of opportunity and removal of discrimination.

Scope

11. The scope of this policy extends to all HTA workers, including staff, both permanent and fixed term and agency staff and external contractors.

12. This policy applies during the period of time staff work for the HTA and, in certain circumstances, prior to and after this period.  For example, in the provision of references and to anyone applying for a position within the HTA.

Responsibility

13. The Head of HR is responsible for ensuring that all staff have access to this policy, and for ensuring that line managers understand their role and responsibilities with regard to the prevention of discriminatory practices. This includes relevant training and providing updates as required.

14. Managers are responsible for:

a) clearly stating expected standards of behaviour relating to equality, diversity and inclusion in the workplace, role modelling good behaviour and challenging any inappropriate behaviour, coaching staff as appropriate; and

b) ensuring that they and their staff attend or complete any required training on equal opportunities and diversity and inclusion.

15. It is the responsibility of all staff to comply with this policy. The HTA will not tolerate any form of discrimination and where there is evidence that this has occurred will take firm action. Any act of discrimination by a member of staff will be regarded as misconduct and may lead to disciplinary action. Staff should also be aware that they can be held personally liable as well as, or instead of, the HTA, for any unlawful discrimination.

Principles

16. The HTA recognises the real benefits of having a diverse community of staff and is building and maintaining an environment which values diversity, in which human rights, diversity and equality of opportunity are promoted actively, and in which unlawful discrimination is not tolerated.

17. Equal opportunity for all and the promotion of diversity and inclusion, which extends from the treatment of staff through to the provision of services.

18. All staff, whether part-time, full-time or temporary will be treated fairly and with respect. Selection for promotion, training or any other occupational benefit will be based on aptitude and ability and not on any personal characteristic unrelated to the requirement of the role.

Legislation

19. The protected characteristics covered by the Equality Act are:

a) Age: This refers to a person having a particular age (for example, 32 years old) or being within an age band (for example, 18-25, 40-50 years old);

b) Disability: A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. A progressive condition is a condition that gets worse over time. People with progressive conditions can be considered as disabled.

However, an individual has automatic qualification to meet the disability definition under the Equality Act 2010 from the day they are diagnosed with HIV infection, cancer or multiple sclerosis;

c) Gender reassignment: This is the process of transitioning from one sex to another;

d) Marriage and civil partnership: A union between a man and a woman or the legal recognition of a same-sex couple’s relationship;

e) Pregnancy and maternity: The condition of being pregnant or the period after giving birth. It is linked to maternity leave in the employment context;

f) Race: It refers to a group of people defined by their nationality (including citizenship), ethnic or national origins.

g) Religion or belief: The religion a person belongs to. A belief, including lack of belief, should affect your life choices or the way you live for it to be included;

h) Sex: Someone being a man or a woman; and

i) Sexual orientation: This is whether an individual’s sexual attraction is towards their own sex, the opposite sex or to both sexes

20. Prohibited Conduct – Behaviour banned by the Equality Act 2010

The HTA will actively eliminate and avoid unlawful discrimination including: direct discrimination; indirect discrimination; associative discrimination; perceptive discrimination; harassment; victimisation; disability-related less favourable treatment; failure to comply with a duty to make reasonable adjustments and social exclusion.

Types of discrimination

21. In order to promote a greater understanding of this policy, the following is a general description of some of the different types of discriminatory acts that may be unlawful. Some of the actions referred to below can be intentional and others unintentional.

22. Direct discrimination

Direct discrimination occurs where a person is or would have been, treated less favourably than another person, in like for like circumstances because of a protected characteristic (i.e. the less favourable treatment must be because of a characteristic such as age, race, gender, disability). This may be where they have a protected characteristic, are perceived to have a protected characteristic or are associated with someone that has a protected characteristic.

23. Indirect discrimination

Indirect discrimination occurs where a seemingly neutral provision, criterion or practice (PCP) is applied by the employer for all staff, but puts staff with a protected characteristic at a particular disadvantage. This will be seen as indirect discrimination where the employer cannot justify the PCP as being a proportionate means to achieving a legitimate aim.

24. Harassment

Harassment occurs where a member of HTA staff is subjected to unwanted conduct which has the purpose or effect of violating that person’s dignity; or creating an intimidating, hostile, degrading, humiliating or otherwise offensive environment, because of one or more of the protected characteristics (see the HTA policy on Bullying and Harassment for further guidance in relation to Harassment on these or other grounds).

25. Victimisation

Victimisation occurs where a member of HTA staff is subject to a detriment because he or she has made, is intending to make or is believed to have made a legitimate complaint regarding discrimination within the workplace, or acting as a witness to another person’s complaint.

26. Other acts

Some elements of the equal opportunities legislation also make further acts illegal, such as applying pressure or instructing another person to discriminate, or to knowingly aid an act of discrimination committed by another.

27. Due Regard The Equality Act 2010 requires us to pay ‘Due Regard’, when considering the effects on different groups protected from discrimination (protected characteristics). The HTA will demonstrate Due Regard by ensuring compliance to the Equality Act.

The Human Rights Framework

28. The Human Rights Act 1998 sets universal standards to ensure that an individual’s basic needs as a human being are recognised and met. Public authorities should have arrangements in place to ensure that they comply with the Human Rights Act 1998, and it is unlawful for a healthcare organisation to act in a way that is incompatible with the Act. The Act urges public authorities to apply a human rights framework to decision making across public services in order to achieve better service provision.

29. In practice this means treating individuals with fairness, respect, equality, dignity and autonomy whilst also safeguarding the rights of staff and the wider community when developing policies and procedures and carrying out our functions. The HTA will consider these human rights principles in relation to our staff at all times, aiming to demonstrate our commitment to quality outcomes which will ensure that staff are satisfied that they are undertaking a valued role.

30. The Human Rights Act 1998 brought the European Convention on Human Rights into UK law. There are articles that are particularly relevant to the commissioning, employment and provision of services.

31. The equality benefits of a human rights based approach include:

· A more diverse workforce

· An improved quality of services – individuals to be treated with fairness, respect, equality and dignity.

· A reduced risk of complaints and litigation.

· Improved decision making overall.

· A broader range of marginalised groups being involved and considered.

· More meaningful engagement

Raising Concerns About Human Rights

32. Although the rights embodied in the Human Rights Act may seem simple and straightforward, in practice the position may be more complex. As far as UK law is concerned it is only as particular issues come to court that there is any clarity about the interpretation of the law and therefore of whether something is or is not to be regarded as a ‘right’. It is accepted that rights can be conflicting.  For example, the right to liberty may conflict with someone else’s right to safety. These cases often need to be interpreted and decided upon.

33. For these reasons the HTA is committed to fostering a culture where staff can raise a concern. Whatever their concern is, they have a right for it to be considered and discussed with them and resolved where possible. This may be done at the time of raising the issue with their line manager or by contacting the Head of Human Resources.

34. Any staff who suspect another to have contravened this policy has the right to inform the HTA without fear of discrimination. The HTA will investigate any allegations using the Disciplinary Policy and serious breaches by staff may be considered to be gross misconduct and may lead to dismissal. Where the issue remains complex and difficult to decide, staff should seek further guidance from their Head of Function, Director and/or Head of HR.

35. The aim is, where appropriate, for staff concerns about human rights issues to be resolved informally between the individual their line manager. If this is not possible or the concern has not been resolved, the individuals can raise this formally with the Head of HR.

Complaints

36. Any member of staff who has reason to believe that they have been discriminated against or subjected to harassment, and wishes to make a formal complaint, is referred in the first instance to the HTA Grievance Policy and the Bullying and Harassment Policy and Guidance. HR is also available to discuss any concerns.

37. Staff may also wish to discuss any concerns with an independent advisor through our Employee Assistance Programme.

Review

38. To enable the HTA to monitor the effectiveness of its equal opportunity policy, information relating to equal opportunities matters within the workplace will be monitored. The HTA will monitor the policy at least annually to ensure the policy is operating fairly, consistently and effectively. All personal data processed by the HTA will be done so in accordance with the HR Privacy Policy.