NHS Education for Scotland

Equality Impact Assessment Report

Name of function, policy or programme: Grievance Policy and Procedures

NES directorate or department:HR & OD Directorate

Name of person(s) completing EQIA:Mary MacEwan, Margaret Allan, Tracey Cruickshank, Zuzana Bucharova

Individuals or groups contributing to EQIA:Christine Clark and Kristi Long

Date Report Completed: 12.6.2012

1. Define the function[1]

  • What is the purpose of the function?

This Policy aims to offer a constructive mechanism for all parties to air their difference and seek to find mutual agreement.

  • Who does the function benefit and what s the relevance of the function to those groups?

This policy applies to all NES employees regardless of grade, length of service or working pattern/hours, and to trainees employed by NES.

  • How are they affected or will they benefit from it?

The policy provides guidance to staff on formal and informal stages of grievance procedure. All staff will benefit from this policy.

  • What results/outcomes are intended?

To resolve issues informally at the most local level possible and as quickly as reasonably practicable as they occur.

However, it is recognised that a formal procedure is necessary to resolve some grievances quickly, to allow employees to pursue grievances relating to their working conditions without fear of recrimination, to prevent conflict and to maintain employee relations.

  • What is NES’s role in developing and delivering the function?

NES’s role is to promote equality and value diversity, and ensure that all our staff are treated fairly. NES encourages open and honest communication at all levels. However, it recognises that, from time to time, employees may wish to raise grievances, problems or complaints relating to their employment.

NES will communicate and consult with staff. This Policy will be highlighted at staff induction training to ensure that staff are aware of this Policy. It will also be available on the Intranet.

  • Who are the partners in developing and delivering the function and what are their roles?

The Policy has been developed and reviewed by the HR & OD Directorate in partnership with Staff Side and it was also open to the wider organisation for consultation.

2. Evidence used to inform assessment

Briefly summarise or list the types of evidence you have used in this EQIA. (Evidence may include surveys, statistical data; consultation responses, in-depth interviews, academic or professional publications, scoping studies). You may also attach a bibliography or list of references.

The number of formal grievances raised has been used as evidence in this EQIA together with the New Pin Guidelines (2011) and the evidence available in research from other NHS organisations and universities. This policy is compliant with other policies.

It is intended to further monitor the number of grievance including any appeals received by NES.

3. Results from analysis of evidence and engagement

What does the evidence and any engagement activities tell you about:

- The relevance of this function for different equality groups

The purpose of this policy is to ensure that all employed are treated fairly when raising both informal and formal grievances.

This policy applies to all staff and does not discriminate against any particular staff group ensure that all employees are treated fairly when raising a grievance.

The specific issues you identified for particular groups – evidence of barriers, under-representation, particular needs.

No issues identified in relation to any protected groups. However, with so few formal grievances being raised over the last three years, it would be difficult to highlight any particular groups/barriers etc out of that small dataset.

Evidence of existing good practice

Currently employees and Managers are encouraged to make every effort to resolve issues informally at the most local level possible before resorting to the formal procedure. Matters should be dealt with as they occur and be settled as near to the point of origin as possible and as quickly as is reasonable practicable. This informal stage would not form part of the formal procedure.

Throughout the formal and informal stages of the NES grievance procedure, the employee has the right to be accompanied by a trade union/professional organisation representative or a work colleague. During this time colleagues are also encouraged to consider contacting AXA-ICAS (NES Employee Assistance Provider) for 100% confidential advice. This service is available 24 hours a day, 365 days a year.

NES also has a pool of trained staff mediators who can provide a 100% confidential service. The qualified mediators can be accessed via HR to assist with thee issues. However, the need for use of external mediators in the most complex of cases may be agreed between the parties and this request can also be facilitated.

Employees who raise a formal grievance in line with NES policy also have the right to appeal to ensure fairness and consistency.

All NES policies are impact assessed to ensure none of the protected characteristics are discriminated against.

Opportunities to promote equality or good relations

The Policy has been benchmarked against policies with other organisations eg NHS Grampian, NHS Tayside, University of Dundee to ensure good practice is reflected.

This policy has been reviewed by the E&D Advisor and staff side. All NES staff have been invited to comment on the policy before publishing.

All NES policies are made available in full or summary form, in alternative formats and community languages.

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4. Actions taken or planned in response to issues identified in the analysis

Issue identified / Action to be taken in response to issue / Responsibility / Timescale (indicate whether actions have already been completed, or provide timescale for carrying out the action) / Resources required / What is the expected outcome?

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5. Risk Management

In this assessment, have you identified any equality and diversity related risks which require ongoing management? If so, please attach a risk register identifying the risks and arrangements for managing the risks.

None identified.

6. Consideration of Alternatives and Implementation

Note that if the impact assessment indicates that a function will negatively discriminate, either indirectly or through discrimination arising from disability, the function must be objectively justified[2]. This may require taking legal advice. If the function is to be objectively justified, outline the justification here, including analysis of any alternatives. See the guidance notes for instructions.

None identified.

7. Monitoring and Review

Monitoring and review of equality impact should ideally be part of a wider monitoring or review process.

Please explain how the function will be monitored and reviewed, including:

What data will be collected, at what time?

What analysis of the data will be undertaken?

The data on formal grievances raised including how many appeals have been heard will be continually monitored.

Reports on the usage of the AXA ICA and Medication Services during the informal and formal stages will also be monitored in relation to uptake.

Are there specific targets or indicators to be monitored?

Historically, there has been a very small number of informal and formal grievances rose, however the data will continually be monitored to identify any apparent trends.

How will results of monitoring be reported, when, and to whom?

As an integral part of our HR quarterly management metrics, information will be provided on grievances in line with Data Protection Act principles. The quarterly metrics are reviewed by the Executive Team, Partnership Forum and Staff Governance Committee.

The information about formal grievances raised is reported from time to time as requested by the Scottish Government.

When will you review the function, taking into account any monitoring information?

The partnership Forum will carry out an annual review to ensure that the stated principles are being met and that any new standards or structures are incorporated where necessary.

All NES policies are reviewed by HR every 2 years.

Who will be responsible for leading this review?

The HR & OD Directorate.

Sign off (by accountable director)

Date

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[1] In this document, 'function' is used broadly to cover all the areas of work for which impact assessment is required, as defined in the Regulations. This includes policy, programme, project, service and function, among others.

[2] Direct discrimination cannot be justified other than on very narrow grounds in relation to age. If the EQIA indicates that a function discriminates directly, it should not be implemented.