Equality and diversity

Policy statement

Vassall Medical Centre is committed to providing diversity and equality to all employees whether full time, part time or temporary. We therefore wholeheartedly accept our legal obligations under the legislation, identified below, which makes it generally unlawful to discriminate directly or indirectly in recruitment, employment or after employment on the grounds of:

  • Age
  • Disability
  • Gender Reassignment / Trans Status
  • Marriage & Civil Partnership
  • Pregnancy and Maternity
  • Race (which includes colour, nationality and ethnic or national origins)
  • Sexual orientation
  • Sex / Gender Identity
  • Religion or belief

These are known as ‘protected characteristics‘.

We also undertake not to discriminate unfairly on the grounds of trade union membership and activity, political belief and unrelated criminal convictions.

There are two types of discrimination that are unlawful: direct and indirect discrimination.

Direct discrimination is where a person is treated less favourably because of their race, sex, disability, sexual orientation, religion or belief, or age.

Indirect discrimination is where the employer applies a practice, requirement or condition which applies equally to all individuals, but which:

  • Has an adverse disproportionate impact on a group of people because of their race, sex/gender identity, disability, sexual orientation, trans status, religion or belief, or age and;
  • The employer cannot show it to be justified, and;
  • It causes detriment to the individual.

Selection for employment, promotion, training or any other benefit will be on the basis of aptitude and ability.

Every employee is entitled to a working environment which promotes dignity and respect to all. No form of intimidation, bullying, harassment or victimisation will be tolerated.

The employer is committed to implementing equality of opportunity in carrying out all its various functions.

We are committed to the development of effective policy, strategy and standards and to the introduction of monitoring and information systems to review and evaluate progress towards the achievement of equality of opportunity.

The employer recognises the effects of historical disadvantage and past discrimination, and will, where appropriate and within the law, take positive action to achieve equality of opportunity.

We believe much can be achieved by developing policies, practices and procedures to eliminate unlawful and unfair discrimination and realise that real progress toward equality of opportunity requires a programme of action, which involves the commitment and participation of all staff.

The employer believes that equal opportunities require a genuine commitment to this policy from everyone. For us this includes a duty to adhere to the key guidance in establishing, monitoring and evaluating our responses to the Equality Act 2010 and Disability Discrimination Act [DDA] and all Amendments related to those Acts.

All members of staff, together with those involved in all activities, are required to conduct themselves in accordance with our Equality and Diversity Policy. They are required to take personal responsibility in this area and work towards promoting respect for individuals. This will entail identifying and removing inappropriate behaviour and changing practices that perpetuate inequality and taking necessary action to challenge unfair, discriminatory or racist practices.

Members of staff can be held personally liable as well as, or instead of the Practice, for any act of unlawful discrimination. Members of staff who commit serious acts of harassment may be guilty of a criminal offence. Acts of discrimination, harassment, bullying or victimisation against employees or customers are disciplinary offences and will be dealt with under the practice disciplinary procedure.

Race equality policy

Rationale

The employer acknowledges that the society within which we live is enriched by the ethnic diversity, culture and faith of its citizens.

We believe members of staff have a professional commitment to ensure that we know how to make effective personalised provision for employees, including those for whom English is an additional language or who have special educational needs or disabilities, and how to take practical account of diversity and promote equality and inclusion in our training.

The practice strives to ensure that the culture and ethos of our practice is such that, whatever the heritage and origin of our employees, everyone is equally valued and treats one another with respect.

All employees (including learners and apprentices) will be provided with the opportunity to experience, understand and celebrate diversity.

The definition of institutional racism is “the collective failure of an organisation to provide an appropriate and professional service to employees because of their culture, colour or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantages minority ethnic people.”

Definition of a racist incident:

“any incident which is perceived to be racist by the victim or any other person”

Our aims:

Our aims for promoting racial equality and challenging racial discrimination include:

  • Ensuring that staff from all racial groups are encouraged to achieve to their full potential.
  • Maintaining an inclusive ethos.
  • Acknowledging the existence of racism and being proactive in tackling and eliminating racial discrimination.
  • Promoting at every opportunity the practice ethos of welcoming and valuing everyone, irrespective of their race, colour, religion, ethnic or national origin, age or sexual orientation.
  • Ensuring that equality is an integral part of all our training.

All staff, learners and apprentices will:

  • Be made to feel valued members of the practice.
  • Be encouraged to reach their full potential.
  • Be supported in their development.
  • Have their views, backgrounds and beliefs respected by colleagues and peers.
  • Act as role models through the positive relationships they foster with colleagues and peers.

Monitoring by ethnicity

The practice recognises ethnic monitoring as essential to ensure that no ethnic group is being disadvantaged, and that monitoring leads to action planning.  We will build on that approach to tackle other key areas

Leglislative framework

Equality Act 2010

(This act replaces the Equality Act 2006, the Race Relations Act 1976 and the Disability Discrimination Act 1995 and seeks to harmonise a number of previous pieces of equal opportunity legislation)

The purpose of the Equality Act 2010 is to simplify discrimination legislation and create a more consistent and effective framework, while at the same time extending discrimination protection. The Act defines discrimination as less favourable treatment because of a ‘protected characteristic’. The protected characteristics under the Equality Act are: disability; gender reassignment (trans status); marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex and sexual orientation. Indirect discrimination against individuals because they have a relevant protected characteristic is also covered (with the exclusion of pregnancy & maternity).

Other legislation

Data Protection

The organisation treats personal data collected for reviewing equality of opportunity in recruitment and selection in accordance with its Data Protection Policy Information about how data is used and the basis for processing is provided in the organisation’s Employee Privacy Notice.

Rehabilitation of Offenders Act 1974

The purpose of the Act is to benefit those people who have been convicted of a criminal offence in civilian life or in the services (Army, Navy or Air Force) and who have since not committed any crimes.

According to the Act, if a person is convicted of a criminal offence and receives a sentence of not more than 2½ years and is not convicted again during a specified period of time (known as the rehabilitation period) s/he becomes a rehabilitated person. The conviction for the offence then becomes ‘spent’, or forgotten, and the person in possession of a spent conviction can then have equal access to the same benefits as a person without the same conviction within the realms of employment, training and housing.

Police Act 1997 – section 122

This section of the Act requires the practice to publish a Code of Practice. This is to provide assurance to those applying for Standard Disclosures – (information contained in criminal record certificates) or Enhanced Disclosures (information contained in enhanced criminal record certificates), that the information released will be used fairly and stored securely.

Public Order Act 1986 and Criminal Justice Act 1994

In some cases the offender may commit a criminal assault and criminal liability may arise under these Acts. It is an offence to intentionally cause harassment, harm or distress through using threatening, abusive or insulting words, behaviours or displays of material. There is a penalty of up to six months in jail and/or a fine of up to £5,000.

Gender Recognition Act 2004

The 2004 Gender Recognition Act (GRA) makes it a criminal offence to disclose an individual’s transgender history to a third party without their written consent if that individual holds a Gender Recognition Certificate (GRC). Patients do not need to show a GRC or birth certificate in order for the GRA 2004 to be in effect, so it is best practice to act as though every trans patient has one. This means always obtaining a trans patient’s written consent before sharing details about their social or medical transition, sometimes also called gender reassignment, with other services or individuals. This includes information such as whether a patient is currently taking hormones or whether they have had any genital surgery, as well as information about previous names or the gender they were given at birth. Consent should always be obtained before information relating to the patient being trans is shared in referrals and this information should only be shared where it is clinically relevant, e.g. it would be appropriate when referring a trans man for a pelvic ultrasound but not when referring him to ENT.

Protection from Harassment Act 1997

This imposes a criminal liability on the part of the offender. There is a penalty of up to 6 month in jail and/or a fine of up to £5,000.

Human Rights Act 1998

Human Rights Act incorporates rights under the European Convention of Human Rights into domestic law. Individuals can bring claims under the HRA against public authorities for breaches of Convention rights. UK courts and tribunals are required to interpret domestic law, as far as possible, in accordance with Convention rights. Previous case law may be overturned if there is a breach of Convention rights and the relevant law can be re-interpreted in a way which is compatible with Convention rights. Convention rights include a right not to be discriminated against on non-exhaustive grounds, which include that of sex, where another Convention right is engaged.

European Legislation

  • The Pregnant Workers Directive- protects pregnant women’s basic rights during and after pregnancy
  • Article 119 of the Treaty of Rome- men and women should receive equal pay for equal work
  • The Equal Treatment Directive- Equal opportunities for men and women in the workplace
  • The Equal Pay Directive- men and women should receive equal pay for equal work

We recognise this legislation is not inclusive of non-binary people (people who identify as neither man or woman, or as both) so within our organisation, we practice equal pay and opportunities for all people regardless of gender, and we protect the basic rights during and after pregnancy for all pregnant people, including pregnant trans men and non-binary people.

Updates

Please note that this policy is updated at least once a year and staff are trained on this policy annually.