NHSScotland 'Once for Scotland' workforce policies: consultation

1. Equality, Diversity and Inclusion Policy

1.1. Aim

1.1.1. The Equality, Diversity and Inclusion Policy aims to:

• Provide a framework to support the principles of equality, diversity and inclusion in the workplace.
• Ensure an appropriate and supportive response to discrimination, harassment, and victimisation.
• Support the implementation of the Public Sector Equality Duty. It requires public bodies to have due regard to the elimination of unlawful discrimination, the advancement of equality of opportunity, and fostering good relations between different groups.

1.2. Scope

1.2.1. This policy applies to all applicants for employment, employees, and workers, including bank, agency, and sessional workers. It also applies to volunteers, contractors, and those on placement, such as trainees, students, or work experience participants. References to employees apply to all unless otherwise stated.

1.2.2. This policy complies with the Equality Act 2010 and meets the aims of the Public Sector Equality Duty.

1.3. Definitions

1.3.1. Disability is a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.

1.3.2. Discrimination can be direct or indirect:

• Direct discrimination means treating one person worse than another because of a protected characteristic. It can be by association or perception.
• Indirect discrimination happens when a practice, policy, or rule applies to everyone, but it has a worse effect on a group of people who share a protected characteristic.

1.3.3. Diversity is an acceptance that everyone is different and that those differences are to be recognised, respected, valued, promoted, and celebrated. They may include but are not limited to differences protected by equalities law.

1.3.4. Equality is making sure every individual has an equal opportunity to make the most of their lives and talents. It is also the belief that no one should have poorer life choices because of where, what or whom they were born or because of other characteristics.

1.3.5. Harassment, under the Equality Act is unwanted conduct related to a relevant protected characteristic. It has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for that individual. Harassment, can also occur, when there is unwanted conduct relating to other personal characteristics such as weight, social status, or trans identities, including non-binary.

1.3.6. Inclusion is where everyone feels valued at work. It is about providing equal access to opportunities and resources for people who might otherwise be excluded or marginalised.

1.3.7. Positive action is permitted action by an employer, allowed under the Equality Act 2010. It covers a range of measures that lawfully encourage and support people from under-represented groups to meet their different needs and help them overcome disadvantages related to their protected characteristics.

1.3.8. Protected characteristics are personal traits defined within the Equality Act 2010. It is against the law to discriminate against someone because of a protected characteristic. The nine protected characteristics are:

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

1.3.9. Further information on protected characteristics can be found at the Equality and Human Rights Commission.

1.3.10. Reasonable adjustments are changes an employer makes to the working arrangements or environment to remove or reduce a substantial disadvantage related to someone's disability. Failure to implement reasonable adjustments will amount to disability discrimination.

1.3.11. Victimisation is treating someone less favourably because they have taken action, or might take action, such as making a complaint of discrimination or harassment. It can also refer to singling out, mistreating, or subjecting someone to unfair treatment based on their perceived or actual characteristics, opinions, or actions.

1.4. Roles and responsibilities

1.4.1. There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy.

1.4.2. Employer

1.4.3. The employer should:

• Identify a senior lead to champion, support, and embed equality, diversity and inclusion within the organisation.
• Demonstrate leadership via senior management to implement the policy effectively to create an inclusive workplace culture.
• Support the establishment of staff networks for protected groups.

1.4.4. Manager

1.4.5. The manager should:

• Identify and deal with concerns, making sure employees are treated fairly and consistently, with dignity and respect in an environment where equality, diversity and inclusion are valued and progressed.
• Encourage employees to provide their equality information to the organisation to assist in action planning to improve staff experience, policy and employment practice.
• Be accountable for promoting a culture of equality, diversity, and inclusion, addressing any issues promptly, objectively and fostering an inclusive work environment.
• Apply appropriate challenge where others do not comply with equality, diversity and inclusion principles and values.
• Undertake learning and development activities to make sure their knowledge and understanding of equality, diversity and inclusion is up to date.
• Consider specialist advice and recommendations concerning adjustments and make fair and reasonable decisions.

1.4.6. Employee

1.4.7. The employee should:

• Treat all others with dignity and respect and demonstrate behaviours to progress equality and inclusion, and value diversity.
• Provide equality information to the organisation to assist in action planning to improve staff experience, policy, and employment practice.
• Undertake learning and development activities to make sure their knowledge and understanding of equality, diversity and inclusion is up to date.
• Challenge, where able, or escalate where others do not comply with equality, diversity and inclusion principles and values.

1.4.8. Trade unions

1.4.9. Trade unions should:

• Work in partnership with employers and members to champion equality, diversity and inclusion.
• Support members with equality, diversity and inclusion issues and make sure they know their rights and responsibilities under this policy.
• Encourage employees to disclose personal equality information to improve staff experience, policy, and employment practice.

1.4.10. Human resources

1.4.11. Human resources should:

• Support the process of equality and diversity monitoring and analysis.
• Support managers and employees to recognise the equality, diversity and inclusion aspects of applying workforce policies.

1.4.12. Equality leads

1.4.13. Equality leads should:

• Provide specialist advice concerning equality, diversity, and inclusion.
• Support the integration of equality, diversity and inclusion into everyday working within the organisation.
• Participate in the process of monitoring, analysis, and action planning.

1.5. Procedure

1.5.1. NHSScotland is committed to creating an open, inclusive culture where all staff are at ease being themselves at work. It seeks to ensure that everyone feels valued, included, and respected, and opportunities for growth and success are accessible to all.

1.5.2. All individuals must be treated with fairness, respect, and dignity, inclusive of any protected characteristics.

1.5.3. The Equality Act 2010 protects employees from discrimination in the workplace. To make sure that no employee is discriminated against requires true equal treatment. This may not always mean treating everyone in the same way. The principle of equal treatment underpins the following:

• NHSScotland values
• Staff Governance Standard

1.5.4. Recruitment and selection

1.5.5. This policy demonstrates a commitment to providing equal opportunities for employment, training, development, and advancement. It makes sure selection and promotion decisions are based on merit.

1.5.6. All those involved at any stage in the recruitment and selection process should have undertaken appropriate training in recruitment and selection as well as equality, diversity, and inclusion.

1.5.7. Job descriptions, person specifications, and advertisements will not be discriminatory. All applications will be considered solely on merit. Suitability for selection should be based directly on the person specification for the post.

1.5.8. Employers should advertise vacancies on the NHSScotland jobs website, which facilitates the promotion of opportunities within identified equalities groups. This should encourage applications from underrepresented groups.

1.5.9. Adverts and the application process should be accessible to eligible applicants. Where an occupational requirement exists that restricts applications to those with a particular protected characteristic, the hiring organisation will include a statement to that effect.

1.5.10. The employer will make reasonable adjustments for disabled applicants during the application and selection process stages. Disabled applicants 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 be shortlisted.

1.5.11. Selection will be based primarily on the candidate’s ability to perform the role, as set out in the job description and the person specification.

1.5.12. NHSScotland Boards’ recruitment processes must make sure employment decisions are based solely on the objective application of agreed scoring methods. Where there is equal scoring, recruiting managers are required to consider underrepresented groups. Positive action in recruitment is a proportionate way of reducing disadvantage to, or under-representation of, certain groups in the workforce.

1.5.13. During employment

1.5.14. Equality, diversity and inclusion are at the centre of all NHSScotland Workforce Policies and practices. By embracing these principles, NHSScotland employers demonstrate that they:

• value the unique contributions of every individual
• support innovation, collaboration, and success

1.5.15. The workplace must be safe for employees. This means it must be free from discrimination, victimisation, and harassment.

1.5.16. NHSScotland will not tolerate inappropriate or potentially unlawful behaviour related to a protected characteristic. The organisation will implement a consistent and committed approach to addressing such behaviours in line with the appropriate workforce policy.

1.5.17. Employers will make reasonable adjustments for disabled members of staff. Employees should be assured that confidential information about a disability will only be disclosed to others with their consent.

1.5.18. NHS Terms and Conditions relating to pay comply with the obligation to ensure equal pay for work of equal value.

1.5.19. When applying NHSScotland Workforce Policies, the Equality Act 2010 must be adhered to.

1.5.20. Raising concerns

1.5.21. NHSScotland will not tolerate any forms of discrimination, including direct and indirect discrimination, harassment, victimisation, and any other behaviour that undermines individuals' dignity.

1.5.22. Every employee in the NHS in Scotland shares the responsibility to do the following:

• uphold this policy
• treat others fairly
• increase their understanding of and respect for difference to promote respect, equality and trust
• address any instances of discrimination, harassment, or victimisation promptly and effectively

1.5.23. Employees are encouraged to raise any concerns relating to harassment using the NHSScotland Bullying and Harassment Policy.

1.5.24. Employees are encouraged to raise any concerns relating to discrimination or victimisation using the NHSScotland Grievance Policy.

1.5.25. Equality and diversity monitoring and reporting

1.5.26. The NHS has employer responsibilities to collect workforce information on protected characteristics to understand the composition and make-up of the workforce, and to report on it. The data gathered is used to better plan the NHS workforce, implement employment policies, and improve staff experience.

1.5.27. Data should be collected from applicants during the recruitment process and reviewed and updated during their employment. This data is kept confidential and is protected by the Data Protection Act 1998. Employees should be assured that confidential information about protected characteristics, for example trans history, will only be disclosed where appropriate and with their consent.

1.5.28. There are statutory requirements for NHS employers to report on their performance on meeting the Public Sector Equality Duty. These include publishing Gender Pay Gap information, statements on Equal Pay and Employee Monitoring Information.

1.5.29. Information about employees with protected characteristics will be contained within these reports on an anonymised basis.

1.5.30. Related policies

1.5.31. The Equality, Diversity and Inclusion Policy underpins all NHSScotland workforce policies. In addition, the following policies are related to the Equality, Diversity and Inclusion Policy:

• Bullying and Harassment Policy
• Grievance Policy

1.6. Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft.

• Employee guide

Descriptor: guide to help employees use and understand the Equality, Diversity and Inclusion Policy. This will include further detail on what steps an employee may take to raise concerns about discrimination, harassment, victimisation, and any other behaviour that undermines individuals' dignity.

• Manager guide

Descriptor: guide to help managers use and understand the Equality, Diversity and Inclusion Policy. This will include further detail on ensuring an appropriate and supportive response to discrimination, harassment, and victimisation.

• Equality, diversity and inclusion policy flowchart

Descriptor: visual and text alternative flowcharts outlining the key steps in the Equality, Diversity and Inclusion Policy.

• Guide on transitioning

Descriptor: guide to help support employees who are transitioning.

• Guide on reasonable adjustments

Descriptor: guide to help support disabled employees.

1.7. Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.