Equality Analysis – Employment Break Policy
Equality Analysis is a process of systematically analysing a new or existing policy or service to identify what impact or likely impact it will have on different groups within the community. The primary concern is to identify any discriminatory or negative consequences for a particular group or sector of the community. Equality Analysis can be carried out in relation to service delivery as well as employment policies and strategies.
This template has been developed to use as a framework when carrying out an Equality Analysis on a policy, service or function. It is intended that this is used as a working document throughout the process, with a final version being published on Gateshead Health NHS Foundation Trust website.
1) Policy / function detailsDirectorate: Trust - wide / Department/Service: / Lead: Coleen Knox
Details of people involved in the policy / function development or review / Start date:
Reviewed April 2013
Name of policy / function / Employment Break
Scope of the policy / function / The aim of this policy is to enable staff to apply to take a break from their chosen career without the need to resign from their employment. This will enable the Trust to retain the skills and experience of those individuals that might have been lost in other circumstances. (See section 2).
The Director with responsibility for HR has responsibility to ensure that staff are treated fairly and equitably and that policies, procedures and processes are in place to ensure that this happens. They will ensure that mechanisms are in place to monitor applications for employment breaks and report on the information, for example for equal opportunities monitoring purposes.
Managers also have a range of responsibility and ensure that the Personnel Department is aware of the terms of the break agreed with the employee so that a contract can be produced (appendix III) and Payroll notified. Any changes to the break agreed with the employee must also be notified to Personnel.
Members of staff must follow this policy when making applications for an employment break .
Purpose of policy / function / The Trust seeks to promote equality, diversity and human rights. We want to ensure our services are accessible, culturally appropriate and equitably delivered to all parts of the community, by a workforce which is valued and respected, and whose diversity reflects the community it serves. As part of that commitment the Trust supports the development of work-life balance initiatives to attract and retain experienced and competent employees to ensure the delivery of h Employment breaks can be used for a variety of reasons, for example care of children, eldercare or care of another dependent, periods of voluntary service, training, study leave or work abroad (see 6.2 below). Applications for other reasons will be considered on their merits.
The employment break scheme is not to be used to enable an employee to leave the Trust to undertake paid work for another employer except where, for example, work overseas or charitable work could broaden experience. This should be discussed and agreed with the individual’s manager, who will give written authority to do so. If required, advice is available from the Personnel Department.
Employment breaks are unpaid, except for the annual periods at work and any training to keep up-to-date as in 4.2.3, 4.2.4 and 6.2.
2) Stage Two: scoping and analysing equality information
List the sources of evidence you have for different people from each protected group (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation?
Use qualitative or quantitative data, research or reports
Source of information / See section 12 and 13 for full details.
There is legal duty on NHS organisations to involve people and their representatives in decisions about services.
Provide details of feedback from people who are affected by the policy/ function, and any consultation or engagement activities undertaken: / In addition to information above (sources of information), policies are developed using best practice guidelines, in consultation with members of the JCC Policy sub Group, JCC, HRC.
They are approved in accordance with Trust procedures relating to the review and revision of policies, and in accordance with the Policy on Policies.
Does the evidence suggest the policy / function affects or is likely to affect any of the following groups differently (either positively or negatively)
his policy has the potential to promote equality regardless of protected characteristic. For example:
•Caring responsibilities are gendered, therefore this policy may impact positively on the ground of gender
•This policy is expected to promote effective race relations by promoting different flexible working patterns on a fair and equal basis. The policy does not differentiate between racial groups in its entitlement to career breaks
•The policy aims to provide clear and transparent guidance to managers and staff considering employment break arrangements and therefore promotes human rights.
However this policy may impact differently on different age groups
Age
Disability
Gender reassignment
Marriage and Civil Partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
If there is a greater effect on one group, is that consistent with the policy aims?
How does the policy / function meet the aim to promote equality of opportunity on the grounds of …? / The Trust has developed a set of procedures (which are attached to this policy) to ensure that any requests for an employment break automatically receive a consideration.
The policy contains information to ensure the employment rights of staff are protected.
Where an application has not been supported, the employee has the right to appeal this decision.
Timescales for applications and appeal procedures are detailed in the policy.
The Trust will monitor applications to consider whether the operation of the policy will have an adverse impact on any particular group, notwithstanding the workforce demographics discussed above.
See section 6 for further details.
How does the policy /function meet the aim of eliminating discrimination on the grounds of …? / See above.
How does the policy / function meet the aim of fostering positive relations between people of different groups? / See above.
To apply core human rights values, such as equality, dignity, privacy, respect and involvement, to all organisational service planning and decision making / TYes.
3) Stage Three: monitoring and review
No major change:The analysis demonstrates that the policy or decision is robust, the evidence shows no potential for discrimination, and that all appropriate opportunities to advance equality and foster good relations between groups have been taken
See monitoring below: / √
Adjust the policy – This involves taking steps to remove barriers or to better advance equality. It can mean introducing measures to mitigate the potential effect. It is lawful under the Equality Act to treat people differently in some circumstances, for example taking positive action or putting in place single-sex provision where there is a need for it. It is both lawful and a requirement of the general equality duty to consider if there is a need to treat disabled people differently, including more favourable treatment where necessary.
Attach the action plan to this equality analysis
Continue the policy – This means adopting the proposals, despite any adverse effect or missed opportunities to advance equality, provided the decision-maker is satisfied that it does not unlawfully discriminate. In cases where you believe discrimination is not unlawful because it is objectively justified, it is particularly important that you record what the objective justification is for continuing the policy, and how you reached this decision.
Attach details of the objective justification to this equality analysis
Stop and remove the policy – If there are adverse effects that are not justified and cannot be mitigated, the decision-maker should consider stopping the policy altogether. If a policy shows unlawful discrimination it must be removed or changed.
How will you monitor the impact of the policy / function? / There are systems in place to ensure staff training, implementation, and incidents are reported, and reviewed. Reports are taken to the Safeguarding Committee: See section 9. Monitoring and Review.
Policy Sponsor / Coleen Knox
Approving Committee / HRC
Date of approval / April 2013