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Equality and Diversity eLearning

Objectives   To provide a general introduction to help improve equality and diversity awareness To promote general awareness of discrimination and other types of inappropriate behaviour To give specific information about the nine protected characteristics To provide details of where to go if you need further information or support

Something To Get You Thinking Equality and Diversity….do you think this is just about race? Yes, no or not sure?

Something To Get You Thinking Equality and Diversity is not just about race. Its about providing equal services and equal opportunities for everyone, no matter whether you are in a wheel chair, are transgender, or from a minority ethnic community. Its about acknowledging and valuing differences.

Something To Get You Thinking Disability….some managers are reluctant to employ people with a disability? Yes, no or not sure?

Something To Get You Thinking Was your answer I don’t know? Were you unsure? Well, its understandable. Its quite a grey area, in many NHS organisations the number of people employed with a visible disability is low. Managers can feel that there will be a lot of adjustments to make the workplace suitable for a person with a disability.

Something To Get You Thinking Do you think it is OK for a patient to refuse treatment from a gay or black member of staff?

Something To Get You Thinking No, it is not OK! The Trust has a zero tolerance of discrimination towards its staff. If a patient refused treatment from a member of staff because of their sexual orientation, colour, ethnicity, disability or religion treatment could be withdrawn from that patient. However, we would have to consider the persons mental health, and the context in which any objections are being raised. It’s a balance between ensuring the safe and effective treatment of our patients, and the appropriate behaviour towards our staff.

Difference Between Equality and Diversity It can be difficult to understand the difference between equality and diversity. They are not the same but they need to be thought about together. Lets look at equality….

Equality Equality is about creating a fairer society where everyone can be involved and has the opportunity to fulfil their potential. It is backed up by legislation – The Equality Act (2010). This act covers and protects people from discrimination on the basis of the “protected characteristics”.

Protected Characteristics: There are 9 protected characteristics: Age Disability Gender Reassignment Marriage and Civil Partnerships Pregnancy and Maternity Race – this includes ethnic or national origins, colour and nationality Religion or Belief Sex (Gender) Sexual Orientation

Protected Characteristics.. Age; it refers to a person belonging to a particular age (e.g. 32 years old) or range of ages (e.g. 18 - 30 years old) Marriage and Civil Partnerships; Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples. Pregnancy and Maternity; Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Protected Characteristics Disability; A person has a disability if she or he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. There are approximately 176,000 people working within the NHS with a disability.

Protected Characteristics Race; It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins. Religion, Faith or Belief; Belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). It does not include political views. Generally, a belief should affect your life choices or the way you live for it to be included in the definition. Did you know that 15% of the population say they do not follow any religion. The Equality Act protects everyone from discrimination in relation to their religion or belief.

Protected Characteristics Sex; Women and men, including those who are transgender. They have the right not to be discriminated against at work because of their sex. A key area of focus is equal pay. Sexual Orientation; refers to the general attraction a person feels towards people of one sex or another (or both). People can be attracted to the same sex, the opposite sex or both sexes. Fact: 46% of the whole UK workforce is female, but only 10% of them are in a senior management position. Gender Reassignment; This describes the process of transitioning from one gender to another. This can involve a person: changing personal identity documentation, living and working in their new gender role and eventually seeking and receiving gender reassignment treatment.

Onto Diversity.. You have now read about Equality and how The Equality Act covers the 9 protected characteristics. So what does Diversity mean?

Diversity Diversity is about the recognition and valuing of difference. It is about creating a working culture and practices that recognised, respect, value and harness difference for the benefit of the organisations and individuals.

Discrimination Next we are going to look at Discrimination.. Definition of Discrimination: Discrimination is the practice of treating individuals less fairly than other people or groups.

Discrimination Discrimination can show itself in various ways, below is the list of terms where discrimination can occur: Direct Indirect Perceptive Discrimination Associative Discrimination Third Party Harassment Lets have a look at each term and see some examples…

Direct Discrimination Direct discrimination is treating one individual less favourably than another because they belong to a particular protected characteristic group. Read the example below and decide whether this is or is not an example of direct discrimination: “I’m sorry you are not suitable for this job as a cleaner because you are a man.”

Direct Discrimination If you thought this example WAS an example of Direct Discrimination you are CORRECT! This is an example because someone has been treated less favourably than another because they belong to a particular protected characteristic group.

Direct Discrimination Lets try another example: “I’m sorry we cannot offer you the job as a receptionist because you do not have the necessary qualifications or experience.” Is this Direct Discrimination?

Direct Discrimination If you thought this example was still a type of Direct Discrimination I’m afraid you are INCORRECT. This is not direct discrimination because the candidate is being fairly assessed against the knowledge and skills required to do the work.

Indirect Discrimination Indirect discrimination can occur when you have a condition, rule, policy or practice that applies to everyone, but which particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if you can show that your actions were a proportionate means of achieving a legitimate aim. See if you think the below is or is not an example of indirect discrimination: “Applicants for this job must be at least 180 cm tall”

Indirect Discrimination If you thought this example WAS indirect discrimination you would be right! Unless this job could not be done by someone shorter than 180cm, this is an unjustifiable requirement which could disadvantage a significantly larger proportion of one group than another. E.g. Women

Indirect Discrimination Lets try looking at another example.. “Actor required to play Hamlet. Must be male.” Is this indirect discrimination?

Indirect Discrimination If you thought that this was NOT an example of indirect discrimination you would be CORRECT! This is a justifiable condition or requirement.

Perceptive Discrimination Perceptive discrimination means that you cannot directly discriminate against someone because others think that they possess a particular protected characteristic, even if it is not actually possessed by that person. An example to help you: “You cannot refuse to recruit somebody because you think they are muslim (whether they are or not)” Another example: “John was subjected to repeated taunts of being gay by his work colleagues despite being heterosexual.” These are both examples of perspective discrimination.

Associative Discrimination Associative discrimination means that you cannot directly discriminate against someone because they are associated with another person who possesses a protected characteristic. For example; you cannot refuse to employ someone because they have to care for an elderly relative or a child with a disability. “An employer did not promote an employee because he thought she had too much time off from work to care for an elderly relative.” This is associative discrimination because the employer is associating the employees absence with caring for someone who has in fact a protected characteristic (age).

Harassment Harassment, in general terms is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

Harassment Here are some examples of harassment for you: Making and sharing derogatory jokes about a work colleague A manager setting unrealistic deadlines for completion of work or constantly criticising someone’s work.

Victimisation You can also be victimised in the work place. A person is victimised if they are punished or treated unfairly because they have made a complaint, are believed to have made a complaint, or have supported someone who has made a complaint.

Victimisation Need an example to help understand victimisation? Here is one to help you! “Porter Tim Allen has recently returned to work following an accident in the workplace. Given the seriousness of the accident he is taking legal action against his employer because of perceived health and safety failures. An opportunity for promotion has arisen, but Tim’s manager has told him not to bother applying.”

Victimisation Was Tim Allen a victim of victimisation? Yes he was, if Tim has the necessary experience and qualifications to undertake the role, but he is being blocked on the grounds of the legal action he is taking, Tim could claim victimisation.

Communication and Language Every NHS employee communicates with many people, face to face, by telephone, email, letter or fax and most do not want to cause offence with the words that they use. Lets have a look at some common words people use and decide if they are acceptable or unacceptable in today’s modern and diverse society…….

Communication and Language “Old Person” Acceptable or not acceptable?

Communication and Language What did you think? “Old Person” is not acceptable to use really, better terms would be “older people” or “older person”. The word “old” carries connotations of being worn out or of little further use.

Communication and Language “Calling someone love, darling or sweetheart” Acceptable or not acceptable?

Communication and Language What did you think? “Calling someone love, darling or sweetheart” is not an acceptable word to use, it may be seen by both males and females as being offensive, however, some people may use the word as a term of endearment or as a regional language variation. Best recommendation: do not use in in a professional environment.

Communication and Language “Wheelchair Bound” Acceptable or not acceptable?

Communication and Language “Wheelchair bound” – this is also unacceptable as it gives the view that people in wheelchairs are helpless and dependent. The most appropriate word to use is “wheelchair user”.

Communication and Language “Coloured” Acceptable or not acceptable?

Communication and Language What was your thoughts? “Coloured” is also not acceptable. It was used by the South African apartheid regime to classify those who were neither “black” nor “white”. We all have some kind of colour so using “coloured” to describe someone is meaningless.

Finally A Summary… Equality and Diversity are at the heart of the NHS. Equality is about creating a fairer society in which everyone has the opportunity to fulfil their potential. Diversity is about recognising and valuing difference in its broadest sense. Staff should be able to work in an environment that promotes inclusion to all, not taking into account their individual circumstances, and one that values what each staff member contributes towards the working environment.

Where to go or who to contact? Our trust has the following points of contact: Respect and Dignity Advisors: Name Job Title Base Contact No. Mel Arthey Ward Manager Colchester/Clacton 07791 010803 Heather Clark Administrative Personal Assistant Chelmsford 07807 826838 June Fuller Programme Manager Workforce Development 07891 014235 Brian Kelly Community Support Worker Harlow 07768 045705 Marilyn Williams PALS Facilitator 07810 658013 Gwen Burroughs Community Mental Health Nurse Colchester 07818 486323

Where to go or who to contact? Other useful contacts are: Occupational Health Employee Assistance Programme: 0800 243458 Or contact your local HR manager for advice

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