Notes from webinar December 2010 

Around 50 people participated in the event which aimed to give an update  on some of the newer concepts and more contentious areas within the Equality Act, as well as to look into some of the more practical aspects.

Government Equalities Office key points

Equalities and Human Rights Commission key points

Panel discussion key points

Availability of audio file

Capsticks key points

Andrew Rowland from the legal firm Capsticks gave an update on some of the key aspects of the Equality Act. 

Download a copy of Andrew’s presentation

• The Equality Act reflects the largest harmonisation of anti-discrimination legislation.
• The socio economic duty has been abandoned.
• Voluntary provisions around positive action will come into force in April 2010.
• Andrew highlighted two particular areas that could have potential implications for NHS organisations in terms of delivering a service and employment relations:
• provisions around ‘associative discrimination’ typified by the Coleman v Attridge Law (2008) case. The act now protects those associated with protected characteristics except marriage and civil partnerships. In the above case the mother of the disabled child was afforded protection.
• ‘perceptive discrimination’ protects a person's perceived characteristics, for example an individual not given a role as they are deemed too young.

Tim Morgan, from the Government’s Equalities Office (GEO) gave an update about the work of the GEO as well as the latest thinking and planning for the public sector Equality Duty.

The GEO has been working hard to ‘put equality at the heart of government’, and has published their equality strategy. 

• Tim pointed out that 90 per cent of the act had been implemented and highlighted the cross-government work around Lesbian, Gay, Bisexual and Transgender (LGBT) issues, removal of the default retirement age, right of request to work flexibly, the spending review addressing equality and finally, the work underway on guidance around board diversity.
• The coalition Government had introduced a new approach reflecting concern that public bodies had become bogged down by process and are not looking enough at the impact of policies and procedures. The act therefore moves away from a focus on process hence no requirement of a single equality scheme and a less emphasis on formal equality impact assessments and more around evidence that equality had been considered
• In terms of the requirement of objectives, Tim stressed the importance of them being specific and measurable and that the GEO would be producing guidance and support around this key area.
• Finally, Tim advised that during the transition period trusts should release relevant data and set equality objectives.

Equalities and Human Rights Commission key points

Nick Gradwell, health sector lead from the Equality and Human Rights Commission (EHRC), gave a brief update and made the following key points:  

• The Equality Act was a continuum and that NHS organisations were already implementing many of the provisions already before Oct 2010.
• The Equality Act was for ‘everyone’ and not just for minorities.
• Nick highlighted the recent press coverage around malnutrition and the elderly during the winter months as an example of equality issues mainstreamed.  He said it was the crucial decision on the part of the NHS not to seek any exemptions in terms of health and social care and the importance of basing decisions on medical data rather than age.

Panel discussion

Questions and discussions centred on the following: 

Positive Action - the view was that provisions would come into force and that they were voluntary and the likelihood of recruitment panels concluding that they had equal candidates was likely to be very rare.

Clarity over requirement of Equality Impact Assessments (EIA) – impact of polices and whether the impact was proportionate and relevant is still important.  NHS organisations need to be able to show evidence that equality has been considered, rather than carrying out formal, process driven Equality Impact Assessments.

Care Quality Commission and the Equality Act – memorandum of understanding between the CQC and the EHRC and that they had jointly produced guidance for CQC inspectors. This guidance is very much outcome focused based around patient safety, experience and promoting excellence.

Pre-employment heath questionnaires – generic pre employment questionnaires should not be sent. Job related health questions ‘intrinsic to the role’ can be asked.

Future role of the EHRC – move towards being a regulatory body and continue to provide advice and guidance.

Socio economic duty and its abandonment – The socio-economic duty, which was created as part of the 2010 Equality Act will not be implemented, the Goverment viewed the proposed  the socio-economic duty as another bureaucratic box to be ticked. It was argued that such a duty  would have meant more time filling in forms and less time focusing on policies that make a real difference to people’s life chances. It was regarded too broad and too weak in terms of legisation.

Equality Act and the impact on maternity and annual leave – The Act has no impact. Employees still accrue leave when on maternity leave and this is to be taken before they return to work.    

If you would like a copy of the audio file from this webinar, please email sarah.holmes@nhsemployers.org

The Government’s white paper, the introduction of the Equality Act, the need to provide fair and accessible services for all, and fully address the needs of all sections of the community, presents a challenging and exciting agenda for the NHS.

Join us at our sixth national equality and diversity conference and exhibition on 18 January 2011 in London.  This one day event is designed to:

• show what organisations will need to do to meet this challenging agenda, and drive up quality and outcomes against a backdrop of efficiency savings
• support you in ensuring fairness and equity of opportunity for all NHS staff while delivering on quality, patient outcomes and value for money.
• equip you with the latest developments and thinking from a range of speakers, including Clare Chapman, Department of Health, Jonathan Rees, Government’s Equalities Office and Professor Robin Ely, Harvard University.

For more details and to book you place see our events pages