Advancing equality of opportunity, valuing diversity and respecting human rights are fundamental to the vision and core values of Express Nursing Limited and we regard it as essential that we promote equality in all aspects of employment. The Company is committed to challenging prejudice and discrimination wherever this affects our service users and staff and making equality and diversity integral to our organisational culture. To that end the Company encourages staff at all levels to act fairly and prevent discrimination at all times.
The Company recognises that equality of opportunity in employment will promote the full use of the skills and abilities of its entire workforce. In practice, providing equal opportunities means providing equal access to jobs, training, promotion and development opportunities; fair employment practices, services, information; and a work environment free from bullying, harassment, discrimination, and victimisation.
Only with the help and commitment of present and future staff will the Company be able to provide sensitive and effective health care to all its population. Only by developing and using the skills of the whole workforce and in recruiting from all sections of the community will it be best able to meet its core values and objectives.
The Company positively welcomes diversity in its workforce and service users (employees, clients and carers) and recognises the richness that this brings to the organisation. Therefore, the Company will provide services to users without any form of unlawful discrimination and will communicate to clients, users of our services and partners in business an expectation of the treatment our staff are entitled to receive in any interactions.
It is the duty of the Company to ensure that no user of its services, prospective or present member of staff receives less favourable treatment or is in any way disadvantaged because of a protected characteristic.
The Company will comply with all legislation and codes of practice that relate to Equality, Diversity and Human Rights and in particular the Equality Act 2010, with the aim of ensuring that equal opportunities are provided for all staff and all those who use the services of the Company.
The Company will ensure that the Policy is consistently applied and that all other policies, practices and procedures adhere to its principles. Notwithstanding this, all staff have a responsibility to work towards achieving high standards of equality, diversity and human rights and to promote the principles of this Policy.
The Policy applies to all staff employed by the Company including contracted, agency, and permanent staff. Although this Policy does not apply directly to external contractors whilst on the premises, they will be expected to abide by this Policy also. This Policy applies to all employment stages within the Employee Life-Cycle, including:
The responsibility for exercising the equality and diversity, and human rights principles in all that we do as well as preventing unlawful discrimination rests with all staff of the Company as well as the Board. This section outlines the roles and responsibilities for the main parties involved. These lists are not exhaustive.
Our approach to implementing the Company's Equality, Diversity, and Human Rights Strategy and PSED is built on the principles of inclusion, accountability, partnership, and open and honest dialogue. Therefore, staff are able to express their feedback, suggestions, and concerns to any colleague or manager to investigate and improve our colleagues' and employees' experience.
The Company is committed to ensuring the recruitment, selection and retention of appropriately qualified and experienced staff in the most efficient and effective way. Our recruitment practices will ensure that all employees are recruited, trained and promoted on the basis of ability, qualification, aptitude, requirements of the job, and relevant criteria. This is demonstrated in the Company's Recruitment and Selection Policy, which all staff are required to refer to for further information on how to operate fair, open and non-discriminatory recruitment and selection procedures.
The Company aims to ensure that all employees have access to opportunities to develop the skills and abilities they require to carry out their current and any likely future role in the Company. Therefore, the Learning and Development Team will ensure that training and development processes and procedures are fair, followed consistently and will provide equality in the provision of learning and development ensuring that all staff have equal access to appropriate learning opportunities. The Team will also ensure that matters relating to equality and diversity are considered in the provision of all learning and development activities as well as take positive steps to ensure that disadvantaged groups are supported through training and have equal opportunities for promotion and career development. Managers must ensure that there is equal access to training and development for all employees and that there is no unlawful discrimination in appraisal schemes and funding of Continuing Professional Development opportunities.
Express Nursing believes in equal opportunities amongst all of our employees. Following new government guidelines, Gender Pay Gap Reporting must now be filed in accordance with legislation from 2022. This reporting is required in order to address the issues of low employment and participation rates of women globally.
Promotion must be based on a competitive selection process as above, and opportunities for promotion should be as widely publicised as possible and open to anyone with either the skills, or potential after training, to meet the requirements of the job description. Secondment and Acting-up opportunities will be advertised internally, and be subject to the Company selection procedures.
The Company is committed to the achievement of the full potential of individuals through the contribution of their talent and experience. Annual appraisals and any performance management processes must be completed fairly, consistently, and on the basis of staff performance results only. None of the protected characteristics should determine actions relating to performance management and succession planning; and any reasonable adjustments need to be put in place to allow staff to perform to their best ability and full potential.
The Company will make every effort to ensure that, where an employee becomes disabled or personal circumstances change, the employee remains in employment. Options to consider in conjunction with the employee include job sharing, part-time working, redeployment or flexible hours of work, retraining leading to redeployment, special aid or assistance. Any equality issues raised by employees, particularly if they involve possible direct or indirect discrimination must be acted upon by managers in accordance with the relevant Company policy.
Care will be taken during all change programmes to ensure that decisions are based on sound organisational reasons and do not breach equality legislation. An Equality Impact Assessment must be completed during all change management programmes to ensure these are undertaken fairly. The Company will ensure equality of opportunity for all staff who will have the same access to opportunities and vacant posts available during a change process.
Any member of staff who feels that they have been discriminated against or victimised may raise the matter by using the Company's Grievance Procedure or Dignity at Work Policy. The Company will fully investigate all reported incidents of alleged discrimination. Any member of staff who is believed to have discriminated against others may face disciplinary action in accordance with the Company's Disciplinary Policy. Any member of staff who makes malicious or vindictive allegations of harassment or bullying will be dealt with under the Company's Disciplinary Policy and Procedure.
Members of staff who feel that they are suffering racial, sexual or other harassment by an employee, service user, carer or relative should take the following steps:
The Director responsible for the service must be informed in writing of the complaint and the informal actions taken to resolve the matter. This should be copied to the Director of Human Resources. The responsible Director will consider:
The Equality Act came into force on 1 October 2010. The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined, they make up a new Act that provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. The Act simplifies, strengthens and harmonises the current legislation to provide a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
The nine main pieces of legislation that have merged are:
The Equality and Human Rights Commission has produced a Code of Practice on Employment in relation to the Equality Act 2010. This provides advice and guidance on how to avoid discrimination in the workplace and suggests positive steps to promote equality and diversity. The code does not have the force of law but has been approved by the Secretary of State and laid before Parliament and it will be taken into account by Employment Tribunals in considering relevant cases.
The Equality Act (2010) also imposes a Public Sector Equality Duty (PSED) to have due regard to eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited under the Equality Act (2010); to advance equality of opportunity; and to foster good relations between individuals who possess a certain protected characteristic and those who do not.
Discrimination can occur either directly or indirectly and is unlawful on the grounds of age, disability, gender, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion and belief, and sexual orientation.
Part-time workers have the right not to be treated less favourably than comparable full-time workers. Discrimination can be the result of prejudice, misconception and stereotyping.
Where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic. An example would be not promoting a staff member because they care for a parent who had a stroke. This is discrimination against the staff member because of their association with a disabled person.
Bullying differs from harassment and discrimination in that the focus is not often solely based on age, sex, race, disability, religion, sexual orientation, gender identity, or nationality. The focus is often also on competence, or rather the alleged lack of competence of the bullied person.
Bullying is any persistent behaviour, directed against an individual, which is intimidating, offensive or malicious and which undermines the confidence and self-esteem of the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or insidious. Whatever form it takes it is unwarranted and unwelcome to the individual.
Staff are requested to refer to the Company's Dignity at Work Policy for further guidance.
This occurs when a person or group is treated less favourably than others are or would be, treated in the same or similar circumstances because of their protected characteristic. For example, refusing to employ someone because of their colour or race. Or, for example, when someone is treated differently because they are transsexual.
A disability under the Equality Act 2010 is a physical or mental impairment that has a substantial and long-term (expected to last or lasting for 12 months or more) effect on the individual's ability to carry out normal day-to-day activities. The Act includes protection for employees with progressive conditions such as cancer, multiple sclerosis and HIV. These groups are also protected from discrimination whilst in remission.
If the employee has such a disability the Company shall, as deemed appropriate, consult with the employee, seek advice and consider making reasonable adjustments to working conditions, working arrangements and/or the physical environment.
It is the employee's duty to disclose any disability to the Company. If the Company is not aware of a disability the Company cannot be expected to provide reasonable adjustments.
Unwanted conduct relating to one of the protected characteristics that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. It does not matter whether or not this effect was intended by the person responsible for the conduct. Employees can complain of behaviour that they find offensive even if it is not directed at them and the complainant does not need to possess any of the protected characteristics themselves.
Harassment can also constitute indirect discrimination on grounds of race, sex, disability, sexual orientation, religion, gender identity or gender expression or belief. This behaviour is unlawful and would not be tolerated by the Company.
Other examples of harassment can be as follows:
Hate crimes are any crimes that are targeted at a person because of hostility or prejudice towards that person's disability, race or ethnicity, religion or belief, sexual orientation or transgender identity. This can be committed against a person or property. A victim does not have to be a member of the group at which the hostility is targeted. In fact, anyone could be a victim of a hate crime.
Hate crimes and hate incidents can hurt people and leave them feeling confused and frightened. By reporting hate crimes a person may be able to prevent these incidents happening to somebody else. It will also help the police understand the extent of hate crime in your local area so they can better respond to it.
Broadly this happens where a provision, criteria or practice is imposed in employment, which cannot be justified and, therefore, adversely affects members of a particular group. Examples are: providing a training course where full-time workers had priority of places before part-time workers, where the majority of part-time workers were female. If a policy on maternity/paternity leave did not apply to same sex couples.
Where an individual is directly discriminated against or harassed based on a perception by others that they have a particular protected characteristic. Examples would be if Sam harasses Chris because they think Chris has AIDS, even though Chris does not, in fact, have the illness. Sam has made assumptions and discriminated against Chris, based on perception. Or if Chris harasses Sam because they think Sam is a trans man but they are not, Chris has made an assumption and discriminated against Sam based on perception.
Protected characteristics are the nine groups protected under the Equality Act 2010. They are:
Victimisation occurs when a person is treated less favourably than others because they have alleged unlawful discrimination or supported someone to make a complaint or given evidence in relation to a complaint. Please refer to the Company's Dignity at Work Policy for more definitive descriptions of what can constitute harassment and bullying.
If you have any queries or questions in relation to this document please email: [email protected]
