Equality and Diversity. Explain models of practice that underpin equality, diversity and inclusion in own area of responsibility. Equality is to treat everyone as individuals, to respect race, disability, age, gender, religion, beliefs, culture or sexual orientation, to be treated fairly and respectfully. Diversity is to value that we are all unique, we have different needs, learning style, interests, language and personalities. Inclusion is to corporate all of these into our environment and promote the opportunity to grow and develop to bring positive outcomes and feel valued. In my role as deputy manager I have a responsibility to everyone in my care, clients, client’s families and staff feel that they are being treated fairly and respectfully. There are legislations in place that give guidelines and procedures to promote and protect equality, diversity and inclusion. Disability Discrimination Act 2005 Race Relations Act 2000 Human Rights Act 1998 The Equality Act 2010 The importance and aim of the legislation is to protect people, the one thing it cannot do is change people’s attitudes. The company I work for employs many individuals from different cultures and backgrounds and adopts the celebration of difference approach. We ensure we evaluate what we do and give support and training in this area. Individuals are given the same opportunities from when they join our company and are treated fairly throughout their employment and discrimination is not tolerated. The clients that I am responsible for have alcohol related dementia (Korsakoff’s Syndrome) They come from diverse backgrounds and cultures and some have other medical conditions such as mental illness and epilepsy. It is also my responsibility to ensure they are protected and treated fairly. I do this through person centred care planning, each of my clients write their own care plans through a wishes and preferences document, it is then created into their own individual and unique personal care plan which ensures that their needs, wants and spiritual beliefs are met and put into practice. Although there are advantages to equality it also comes with disadvantages, many people feel threatened by working with people of a different age, sex or culture there could be an increase in costs for training etc, there may be conflicts and prejudices to deal with, communication could also be a problem. An early study found that if you put people together from many walks of life and experiences, it may be more effective as they have unique strengths, a varietyof viewpoints and are inspired to perform to the best of their ability resulting in higher productivity and profit. (Hamlin Harkins) Mckinsey; Leeds University; Analyse the potential effects of barriers to equality and inclusion in own area of responsibility. Barriers are things that prevent or make it difficult for you to access or move forward in the workplace, some of these barriers could be: Fear, ignorance and prejudice Age, gender or sexual orientation Disability, faith, ethnic origin, communication or language. The environment may be a major factor, for example limited space or facilities for wheelchair users. These barriers may be difficult to remove as the building may be prevented from being adapted due to certain laws .(Listed Buildings and Conservation Act 1990).The equality Act does not override planning legislation and a service provider must obtain planning permission before making any alterations to a building. If consent is not given then the service provider has not breached the Equality Act. However the service provider should try to make reasonable adjustments of a non-structural nature where possible. Service providers cannot simply say they are unable to make adjustments as their building is listed, they must take positive steps to act on the options available. One way to do this is to take an access audit, this will highlight the barriers and make suggestions on how to solve problems such as using portable ramps and other aids to allowaccess. Prejudice is something that the clients I am responsible for have to face, sometimes on a daily basis. Ignorance, fear and the social stigma attached to mental health means they are labelled and seen as the stereotypes of unpredictable and dangerous. Perceptions of others towards my clients are usually negative and pre judged, some have the attitude that it is their own fault they are the way they are and they are not to be trusted. Discrimination has a big impact on my clients it makes them feel depressed, unwelcome or accepted and they develop low self-esteem which makes it harder for their rehabilitation as they are fearful of failure and this behaviour makes them feel like they don’t deserve success. Another prejudice the clients I am responsible for comes from other residents. Some clients are from different ethnic backgrounds, racist comments and behaviours often occur. Analyse the impact of legislation and policy initiatives on the promotion of equality, diversity and inclusion in own area of responsibility. 2.1 Promote equality, diversity and inclusion in policy and practice. As deputy manager it is important I encourage good relations between diverse groups. The company I work for recognises the diversity of both clients and staff. There are equality and diversity policies in place to make staff aware of the issues that can arise and to make them aware of their legal responsibilities, all staff are trained to understand equality and diversity this is done through either face to face or online training. We provide opportunities that are accessible for everyone, our values are to create a positive workplace that promotes dignity and respect for all. We challenge unacceptable behaviours and all complaints are taken seriously and dealt with in an appropriate manner without fear of reprisals. No form of intimidation, bullying or harassment will be tolerated and firm action will be taken if required. There are two types of discrimination. Direct discrimination and indirect discrimination. Direct discrimination is where a person is treated less favourably due to their age, disability, sexual orientation, marriage, pregnancy, race or religion. These are known as protected characteristics you do not need to have a protected characteristic to be discriminated against, if someone treats you less favourably it is direct discrimination by perception and if you are treated less favourably because a friend, colleague or family member has a protected characteristic then it is direct discrimination by association. An example of this is below. Mrs Sharon Coleman v Attridge Solicitors- 2008. Mrs Coleman gave birth to a child with a disability. Her child had a condition that led to very severe breathing difficulties. He required specialised and intensive care. She was his primary carer. She believed that her employer did not expect her to return to work after her maternity leave had expired. But she did so and about three years after the birth of her son, took voluntary redundancy. She subsequently alleged constructive discriminatory dismissal and harassment on grounds of disability. Her argument was that her son was disabled, and, because of her association with a disabled person and the manner in which she was treated, left her with no option but to take voluntary redundancy. This is known as direct discrimination by association. There is no defence for this type of discrimination. Indirect discrimination is a practice or rule which applies to everyone in the same way but has a worse effect on some people that puts you at a particular disadvantage. You can only challenge a practice or rule if it discriminates against you personally. The Equality Act states it is not direct discrimination if the person applying the practice policy or rule can show there’s a good reason for it. They would need to be able to prove this in court; this is known as objective justification, a legal reason that allows an employer to treat someone different to other employees regarding disability, race, gender religion etc. There are some examples where it would not be unlawful to discriminate. Genuine occupational requirement (GOR) There must be a clear connection between the duties of the post in question and the characteristics required. This basically means that in certain circumstances an employer can advertise and recruit a person from a particular sex, social or minority group because it’s essential for a specific job role. Some examples are if "the essential nature of the job would be materially different" if carried out by someone not of the required sex (eg an actor playing the role of the opposite sex) where it is necessary to preserve decency or privacy (eg a shop assistant providing a bra-fitting service or a prison officer carrying out body searches) if the employee is required to live in accommodation that is not equipped for people of that sex and it is not reasonable for the employer to make the necessary adjustments There must be a clear connection between the duties of the post in question and the characteristics required. Strict guidelines and plans must be made before advertising for the position. List in detail why a person of a particular sex or race must fill that position a statement should be made explaining why only certain people need apply. GORs should be reviewed each time the job becomes vacant, as circumstances may change and you should consider whether duties could be reallocated to other employees who do meet the requirements. 2.2 Challenge discrimination and exclusion in policy and practice. As deputy manager I am expected to recognise diversity and have no option but to challenge discrimination. By not acting I am giving the impression to others that I am happy with the negative behaviours and prepared to let it happen which in turn will cause further offence to the victim. To be able to challenge discrimination I need to know and understand the policies and procedures that are in place and stay informed of anti-discrimination laws and any changes. If a complaint is lodged then I need to respond immediately and assure the individual it will be taken seriously then perform an investigation that follows the plan of action set in the discrimination policy. I need to be tactful and try to resolve the matter, if the individual does not believe that the matter has been taken seriously then they have the right to appeal or they could take it to an employment tribunal. As deputy manager it is my job to ensure that all staff work within the discrimination policy and are trained in equality and diversity. By encouraging greater awareness and understanding of protected characteristics the staff knows what is acceptable and expected of them. 2.3 Provide others with information about: the effects of discrimination the impact of inclusion the value of diversity Discrimination can cause negative and unproductive feelings, some of which include: anger, feelings of worthlessness, hopelessness or powerless it can make someone lose their self esteem and morale which in turn makes them lose interest in their job responsibilities resulting in poor performance. It has also been suggested that discrimination can lead to mental health problems such as increased stress, depression and anxiety. Discrimination may be as a result of prejudice. A person with prejudice has an opinion or belief about groups of people and tends to treat everyone from that group in the same way regardless of their personal qualities. For example a belief that all teenagers are rebels, women are bad drivers or all men are strong. Many of us would like to believe that prejudice is a thing of the past, this is not the case and incidents of prejudice and discrimination occur often on a daily basis. It is up to each of us to take a stand against unfair practices and attitudes. It must be made clear that there is no place for prejudice and discrimination and it needs to be challenged to effect change. Negative attitudes and ingrained beliefs that are firmly fixed can be difficult to remove. These negative attitudes can lead to humiliation, taunting and other extreme forms of discrimination such as victimisation, threats and bullying. Often in the workplace a lot of discriminatory behaviour is camouflaged or disguised as meaningless banter and therefore a policy needs to be put in place that clearly identifies that any type of prejudice or discrimination is completely unacceptable. Discrimination is not confined to prejudice; other factors such as a person with a disability may face barriers to employment. These barriers can be removed by making reasonable adjustments for example, changing equipment such as providing a special keyboard for someone who has arthritis or installing a ramp for a wheelchair user. Disabled persons also face practical obstacles such as inaccessible transport to work and negative attitudes from employers. Inclusion is about positively striving to meet the needs of different people and creating environments where everyone feels respected and are able to achieve their full potential. All employees are encouraged to develop and progress any barriers faced by specific groups are identified and addressed. Having an inclusive workplace that understands the needs of their employees and make staff feel valued and respected have greater success in retaining staff. There are a range of policies in place that deal with discrimination, bullying and harassment that set out the behaviour that is expected and what the consequences of unacceptable behaviour will be. All staff are clear about the policies and I am trained to act quickly when dealing with complaints. Diversity recognises, respects, and values individual differences so that each person can maximise their own potential. There is a clear advantage of employing a diverse workforce, when a workforce is built up of people from different backgrounds, ages, gender, ethnicity, physical ability, work- experience or education background it can make a company stronger and improve the quality of its team by bringing together individual talents and experiences. These unique talents and experiences of individuals can develop a good team by complimenting each other’s strengths. Diversity is important to achieve a balanced team if we learn to value the diversity of different thinking styles and use them to best effect. 2.4 Support others to challenge discrimination and exclusion. While it is illegal to discriminate against anyone based on their race, gender, religion, disability etc and despite legislation that is in place, negative behaviours still continue to exist. As a deputy manager it is important that I challenge any form of discriminatory behaviours and deal with them at the first instance. By making staff aware of the policies and our zero tolerance on discrimination whether it be of a vindictive nature or comments that are made in what are portrayed as harmless fun or banter, it is made clear that any behaviour of this kind could possibly lead to disciplinary action or even dismissal. It is difficult to change other peoples points of view or deeply ingrained beliefs but there are steps that can be taken to educate others and remind them that these behaviours have no place in our society and will not be accepted. As deputy manager I need to be seen as taking responsibility and leading by example I need to investigate any situations that arise effectively and professionally. I would meet in private with the individual to discuss the events to gather as much information and evidence as possible, this may mean talking to other persons who may have been involved or witnessed the incident. Ensuring the information is kept confidential and the matter dealt with appropriately and effectively is a must in order to make it clear that these behaviours will not be tolerated. Trying to find ways that could prevent further incidents occurring is a good way to show that we have a positive view on challenging discrimination. By helping others to change their views and support them to take responsibility to challenge discrimination themselves and by ensuring all policies are regularly reviewed, updated, read and signed by all staff. 3.1 Analyse how systems and processes can promote equality and inclusion or reinforce discrimination and inclusion. Fairness in the workplace is a vital part of a successful business and is supported by the law.-The Equality Act 2010. The aim of the act is to improve equal job opportunities and fairness for employees and job applicants. All organisations should have policies in place which allow these outcomes to happen, to prevent discrimination and all employees know what is acceptable and expected of them. The policy should be well designed, readable, clear and direct. It should reflect up to date legislation and be reviewed regularly to keep pace with changes. The policy should: Make clear the types of discriminatory behaviour that will not be tolerated including bullying, harassment, and victimisation, explain the effects it has on individuals and why it will not be tolerated. Have a clear procedure for investigating allegations. Show how to make a formal or informal complaint. Allow you to be represented in making your complaint. Identify the disciplinary action that could be taken against individuals who discriminate against others. Ensure employee total confidentiality. An important part of implementing discrimination policies is monitoring their effectiveness. Monitoring helps determine the need for any changes or improvements and to see how well the policy is working. Monitoring needs to be an on-going process and not just a one off. Another important factor to consider is communication. A policy that is not read by all staff is worthless. As a deputy manager it is my job to ensure that all the policies are read and the staff sign to say that they have read and understood the policy, this is then kept in their employee file. All new employees are taken through the policies and procedures during their induction training. When policies are updated it is sent to every member of staff through our cms system (intranet) when a member of staff has read it they then click on a link that says they have read and understood the policy. Staff should also be up to date with the laws and legislation as well as the policies that are in place. It is essential that all staff are trained in equality and diversity, training increases awareness and knowledge, it promotes better teamwork and gives a better understanding of laws and regulations. Training can either be face to face or on line. All new members of staff are taken through an induction process which includes equality and diversity training; new employees are made aware of the procedure on complaints, whistleblowing, harassment, and discrimination and how to take action if they are the victim or witness any such practice. All staff are assured that they will be supported and protected if they raise a complaint and all investigations will be kept confidential. If an employee feels they are unable to raise their concerns for fear of the consequences or that the employer has not responded, it is not appropriate, been ignored or have reason to believe that malpractice is occurring then they can make a disclosure (whistle-blowing) Whistle-blowing must be in the public interest and not personal grievances anyone who blows the whistle shouldn’t be treated unfairly or lose their jobs. Concerns can be raised about incidents that have happened in the past, happening now or believe will happen in the future. If the disclosure is made in good faith, to the right person and in the right way it becomes a protected disclosure. If the person makes a protected disclosure to a third person then they must reasonably believe that their employer would treat them unfairly or conceal information about the incident, or have previously disclosed the information to them previously. An employment tribunal must also think it was reasonable for the whistle-blower to make the disclosure. The individual making the disclosure does not have to be a permanent employee, supply staff, agency workers and people who are in training but not employed are also protected under the act. An employee cannot be dismissed because of their whistle-blowing as long as they believe the disclosure was in the public interest. If an employee is dismissed then they can claim for unfair dismissal and you don’t need to have the normal one year service to do this. 3.2 Evaluate the effectiveness of systems and processes in promoting equality, diversity and inclusion in own area of responsibility. Reference: Huynh, Q.-L., Devos, T., Dunbar, C. M. The Psychological Costs of Painless but Recurring Experiences of Racial Discrimination. Cultural Diversity and Ethnic Minority Psychology