1 - Scope
1.1 What are the main aims, purpose and outcomes of the policy, who benefits and how?
- To provide a common understanding of what is meant by ‘work performance’.
- To provide a clear policy and procedure to be followed by all managers, with support from HR, when an employee’s performance is not meeting the requirements of the role.
- To provide for consistency of treatment of all staff, irrespective of age, disability, gender, gender reassignment, race, religion or belief, sex, sexual orientation, marriage or civil partnership, pregnancy or maternity.
- To ensure employees are clear of the possible consequences of not performing to the required standard in their role, after support, additional training or after reasonable adjustments have been made.
- To provide a link to the absence management policy.
- To ensure accountabilities are understood i.e.: employees, managers, HR and occupational health.
- To follow the statutory requirements of the ACAS Code on Discipline and Grievance.
- There is an additional toolkit to support managers i.e.: managers guide as well as template letters.
1.2 What data/research/evidence is available which is relevant to this Equality Impact Assessment (EIA)?
Case tracker data was collected to show how many formal work performance issues were dealt with during 2009 and 2010. A review of the Equality Act 2010 as undertaken. Data from other authorities, unions and the EIA was collated.
1.3 Is there further data or information you think would be useful in carrying out this assessment?
Wiltshire and Swindon Users Network were contacted but no response was received. It may also be necessary to consult other specialist organisations particularly if an adverse impact is identified whilst using the policy.
2 - Consultation
2.1 Which groups were consulted when preparing the policy / EIA?
- Staff disability forum
- BME staff forum
- JCC (Unions)
- Legal team
- Stakeholder panel
- Wiltshire and Swindon Users Network
- Equal Chances, Better Lives
Other - Input has been obtained from the Equalities and Diversity team which informs the content of the supporting ‘managers guide to improving work performance’ for managers regarding employees with protected characteristics.
3 - Assessing impact and strengthening the policy
3.1 Using data collected (1.3) and information gathered from consultation ( 2.1) what implications might this policy have on equality?
The policy applies to all employees irrespective of a protected characteristic and more emphasis has been put into the policy to ensure that accessibility or adjustment issues for employees with a pc are addressed.
3.2 How will the policy affect different groups of staff?
| Group | How affected | Any actions required |
|---|---|---|
| All employees with a protected characteristic | Separate guidelines have been drawn up for managers in order to give guidance to them on the treatment of staff with a pc and that they may require additional help, support or adjustments when they are subject to one of the council’s employment policies. |
The guide to be published on HR Direct so that all employees and managers may access it. |
3.3 Is there anything which could be included in the policy to help promote equality of opportunity and good staff relations or eliminate discrimination, harassment or unfair treatment?
Further emphasis has been placed in the manager guidelines and in ‘equal opportunities in improving work performance’ (accessible by all) to direct employees with a protected characteristic who feel they need additional help to either their union or to their manager’s manager.
Further guidelines for managers have been created to ensure they understand that if reasonable adjustments are needed at work, it is the manager’s responsibility to manage the introduction of these adjustments. It would be useful to attend the Staff Disability Forum (SDF) so that this group can clearly understand the new policy and how it may affect members.
3.4 Do any of your recommended actions to address any negative effects on one group of staff impact on any other groups? If so what actions could be taken to mitigate this?
Monitoring of the cases brought for a capability reason to ensure that one group of employees is not being treated unfairly because of a protected characteristic. It has been suggested that a review is undertaken for example twice per year to look at how many work performance cases there are and to assess whether there are particular groups affected more than others.
3.5 Is there anything that can be done to improve accessibility and understanding of the policy amongst staff?
Circulation of the policy to all staff via Electric Wire and via HR Direct. This policy could be presented to SDF members.
4 - Summary
4.1 Will the policy will meet the council’s responsibilities in relation to equality and human rights?
Yes, as it stands.
5 - Action plan
| Section of EIA | Actions | Target date | Review date | Responsible postholder |
|---|---|---|---|---|
| 3.2 - Mitigating negative impact on different groups of staff | Publish guide for managers on interpreting policies on HR Direct | 28 February 2011 | 31 March 2011 | HR policy officer |
| 3.3 - Mitigating negative impact on different groups of staff | Presentation of policy to staff forum's |
SDF 19 May 2011 BME 25 May 2011 |
31 May 2011 | HR policy officer |
| 3.4 Knock on effects | Review of work performance | 30 September 2011 | 31 December 2011 | HR policy officer |
| 3.5 Improving accessibility/understanding | Publish new policy to all employees | 28 February 2011 | 31 March 2011 | HR policy officer |
6 - Sign off
This policy has been fully assessed in relation to its potential effects on equality and all relevant concerns have been addressed.
- Panel sign off - 12 January 2011
- Quality sign off - Equality and diversity partner HR - 23 February and 10 March 2011
- Director sign off - Service Director, HR and Organisational Development - 14 March 2011
Last updated: 16 March 2011
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