Understanding Equality and Diversity
The public sector equality duty consists of a general equality duty, which is set out in section 149 of the Equality Act 2010. This general equality duty came into force on 5 April 2011.
In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to:
- Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
- Advance equality of opportunity between people who share a protected characteristic and those who do not
- Foster good relations between people who share a protected characteristic and those who do not
The Act helpfully explains that having due regard for advancing equality involves:
- Removing or minimising disadvantages suffered by people due to their protected characteristics
- Taking steps to meet the needs of people from protected groups where these are different from the needs of other people
- Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low
Due regard (Equality Analysis) is an ongoing proactive process which requires the use of information about the effect our decisions are likely to have on local communities, service users and employees, particularly those who are most vulnerable or at risk or disadvantage.
The new duty covers the following nine protected characteristics for public sector organisations:
Pregnancy and Maternity
Religion or Belief
Marriage or Civil Partnership
Whilst it is not a recognised protected characteristic, social deprivation (these factors include mental illness, poverty, poor education and low socioeconomic status) should be considered.
The Derbyshire CCGs are committed to meeting the Public Sector Equality Duty and will do this in a number of ways including:
Ensuring all staff understand their duties around Equality and this will be included in all staff job descriptions
Reporting progress through the EDS2 template every year
Developing Equality Objectives and reporting progress against delivery
Ensuring that Equality is considered at every decision making committee through robust cover sheets ensuring that the considerations are highlighted
Ensuring Due Regard is taken in all decision making through an Equality Impact Assessment
Supporting staff to understand Equality and how to complete an EIA through one to one and group discussion sessions
Linking Equality and Quality impacts through a joint panel approval process
Ensuring all decisions include a reasonable adjustment statement as there is an understanding that there are always exceptions
Derbyshire-wide Equality Objectives 2018-2020
The 4 CCG leads responsible for Equality have been working closely together for years with regular joint meetings and linking in across Derbyshire wide work stream areas. It is agreed that while we remain statutory organisations the opportunity should be taken to generate Derbyshire-wide objectives for the next 2 years which could be delivered at a CCG or place level in the context of existing projects/work. The proposed objectives can be found here.
As a public sector organisation, NHS Southern Derbyshire Clinical Commissioning Group is required by the Equality Act 2010 to work in ways that ensure equality and inclusion is embedded into all of its functions.
As an authorised public sector organisation, NHS Southern Derbyshire Clinical Commissioning Group (CCG) is required by the Equality Act 2010 and Human Rights Act 1998 to work in ways that ensure equality and inclusion is embedded into all of its functions.
It is the intention of the CCG to eliminate unfair and unlawful discriminatory practices in line with current equality and Human Rights legislation.
There are a number of duties which the CCG must address:
Public Sector Equality Duty (PSED)
1. In the exercise of its functions the CCG must have due regard to the need to:
a. Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Equality Act 2010
b. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
c. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it
2. The CCG must prepare and publish one or more equality objectives it thinks it should achieve to support the Public Sector Equality Duty (detailed above). The objectives must be published not later than 13October and at intervals of not greater than four years. Each objective must be specific and measurable.
3. The CCG must publish information, not later than 31January each year, to demonstrate compliance with the Public Sector Equality Duty which is done through the EDS2 template. The information published must relate to persons who share a relevant protected characteristic who are:
a. Its employees (only when employing 150 people or more)
b. Other persons affected by its policies and practices
Publication of Information
Southern Derbyshire CCG became an authorised public sector organisation in April 2013, in line with the reorganisation of the NHS brought about by the Health and Social Care Act 2012.
The level of detail to the information that is currently available to demonstrate how the CCG is complying with the Public Sector Equality Duty (PSED) continues to be improved.
In meeting the duty to publish information the CCG has collected the following evidence which should provide an understanding of how the CCG is approaching equality and inclusion in its activities.
The CCG is implementing the NHS EDS2 reporting framework to support it in meeting the requirements of the PSED.
EDS2 - sections 1 and 2 - Patients and the Public
A copy of the Southern Derbyshire CCG EDS2 return can be found here. Below you will find a selection of evidence covering each of the areas in sections 1 and 2 relating to patients and the public.
Information pertaining to any of the projects mentioned in the Southern Derbyshire CCG EDS2 2018 Evidence Portfolio that is not currently published to our document library can be obtained by contacting our communications department at SDERCCG.Enquiries@nhs.net
Evidence for the 17-18 EDS2 will be uploaded shortly.
EDS2 - sections 3 and 4 - Staff
To protect the privacy of employees a redacted copy of the report is available here.
The CCG is committed to ensuring the working environment is inclusive and appropriate support is provided to any member of the organisation that may require it.
All of the CCG’s internal workforce policies have been developed in line with current legislative requirements, including the Equality Act 2010. These policies cover the recruitment, selection and appointment process as well as all aspects of working for the CCG.
In addition to the above statement, the CCG has commissioned the Greater East Midlands Commissioning Support Unit (GEMCSU) to provide an annual HR Dashboard. This dashboard, a redacted example of which is included in the document library, is used to monitor the diversity of the CCG’s workforce and other agreed KPIs.
The CCG has also successfully signed up to the following Quality Standard:
- Two Ticks Disability Symbol
This demonstrate the CCG’s commitment to having a represented and supportive workforce.
Evidence of the CCG’s Leadership decisions can be found in the Governing Body papers
Every board paper includes the following front sheet to identify Equality issues.
NHS Workforce Race Equality Standard CCG Commitment 2016/17
NHS Southern Derbyshire CCG has committed to have due regard to the Workforce Race Equality standard and use it as a force for driving change, both as an employer and as a commissioner of services.
The CCG will review both the template submissions and the action plan of each provider for which it is lead commissioner to gain assurance that the health economy as a whole is taking action in this important area.
WRES Reporting Template 2017
WRES Reporting Template 2016
Background to the standard
The NHS Equality and Diversity Council announced on 31 July 2014 that it had agreed action to ensure employees from black and minority ethnic (BME) backgrounds have equal access to career opportunities and receive fair treatment in the workplace.
Simon Stevens, Chief Executive of NHS England, said: “The Five Year Forward View sets out a direction of travel for the NHS – much of which depends on the health service embracing innovation, engaging and respecting staff, and drawing on the immense talent in our workforce.
“We know that care is far more likely to meet the needs of all the patients we’re here to serve when NHS leadership is drawn from diverse communities across the country, and when all our frontline staff are themselves free from discrimination. These new mandatory standards will help NHS organisations to achieve these important goals."
The Workforce Race Equality Standard (WRES) was introduced in April 2015, after engaging and consulting key stakeholders including other NHS organisations across England.
It is now included in the NHS standard contract, starting in 2015/16 and included in the 2016/17 NHS standard contract. NHS Trusts produced and published their first WRES baseline data on 1 July 2015.
The metrics used as part of this standard can be found below and by clicking here: