Discretionary Leave Policy - the Royal Cornwall Hospitals Trust ...

Peninsula Community Health
DISCRETIONARY LEAVE
POLICY
Title:
DISCRETIONARY LEAVE POLICY
Procedural Document Type:
Policy
Reference: HRP 09
CQC Outcome: 13
Version: 1.1
Approved by: JPC (21.05.13)
Ratified by:
CQSC
Date ratified: 17.06.13
Name of originator/author:
Wendy Underwood
Name of responsible team:
Human Resources
Review Frequency:
3 Years
Review Date: June 2016
Target Audience:
Line Managers and All Staff
Executive Signature (Hard Copy Only):
Registered in England and Wales No: 7564579
Registered office: Peninsula Community Health CIC,
Sedgemoor Centre, Priory Road, St Austell PL25 5AS
www.peninsulacommunityhealth.co.uk
Quality care, closer to you
Peninsula Community Health is a not for profit
Community Interest Company responsible for
providing NHS adult community health
services
in Cornwall and the Isles of Scilly

Contents
1 Purpose 3
2 Definitions 3
3 Duties 3
3.1 The Organisation 3
4 Discretionary Leave Policy 3
4.1 The Process 3
4.2 Recording of Discretionary Leave 4
4.3 Compassionate Leave 5
4.4 Progressive Illness 5
4.5 Carer’s Leave 5
4.6 Domestic Incident Leave 6
4.7 Extreme Weather Conditions 6
4.8 Time off for Doctors, Dentists, Hospital or other appointments 7
4.9 Public Duties 7
4.10 School Governor 7
4.11 Jury Service 7
4.12 Local Government Activities 8
4.13 Magisterial Duties 8
4.14 Training for the Reserve, Cadet Forces and Special Constabulary 8
4.15 Time off to attend an interview 8
4.16 Professional Organisations 8
4.17 Time off to Move House 8
4.18 Unpaid Leave (Short Term and Extended) 9
4.19 Refusal of Discretionary Leave 9
5 Risk Management Strategy Implementation 9
5.1 Implementation 9
5.2 Training and Support 9
5.3 Dissemination 9
5.4 Storing the Procedural Document 10
5.5 Equality Impact Assessment 10
6 Process for Monitoring Effective Implementation 10
7 Associated Documentation 10
8 References 10
APPENDICES

A Discretionary Leave Flow Chart 12
B Discretionary Leave Recording Form 13
C Equality Impact Assessment 14
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1. Purpose
1.1 The purpose of this Discretionary Leave Policy is to inform employees of the support, help
and procedure that is available to deal with any situation that may require time off.
1.2 There are several types of discretionary leave, some are paid and others are unpaid.
Discretionary leave is offered to help employees deal with situations that may require time
off.
1.3 Leave should be taken in accordance with operational need, and must be duly applied for
and authorised. Notification of any leave should be agreed by the Manager as soon as
possible prior to leave being taken, along with any proof required.
2. Definitions
2.1 Policies and Procedures
3. Duties
3.1 The Organisation
Peninsula Community Health (PCH) will ensure:
the provisions of this policy and procedure are conducted fairly and reasonably;
all employees are informed about and have access to the contents of this policy and
procedure.
4. Discretionary Leave Policy
4.1 The Process
4.1.1 The Organisation understands that in some cases it is necessary for employees to take
leave with immediate effect and in these circumstances it is important that managers are
informed as quickly as possible so that cover can be arranged as necessary. If the
employee knows that a situation may arise which means that they would need leave with
immediate effect, they must inform their manager that this is likely. In all circumstances the
following process should be followed:
a) Staff should discuss with their manager their need for leave and provide appropriate
details, as requested;
b) In cases where leave is needed immediately, employees should phone in and
speak to their manager so that cover can be arranged as necessary;
c) Agree which type of leave and for how long;
4.1.2 Where unpaid leave is taken, employees should note that this may affect their annual
leave entitlement, pension contributions, lease car payments, or other benefits.
Employees should discuss this with their line manager before applying for such leave.
4.1.3 Managers will ensure that excessive leave is not taken by regularly reviewing requests and
records.
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4.1.4 Where supporting documentation is required to support any application for discretionary
leave, failure to provide relevant documentation may result in the leave being taken as
unpaid.
4.1.5 There are separate regulations and a different Organisational policy to consult with regard to
family leave. See the Organisation‘s Flexible Working (Working Parents and Carers) Policy.
4.2 Recording of Discretionary Leave
4.2.1 In all cases of Discretionary Leave, the recording of each specific leave must be recorded in
a number of ways. This includes: -
a) By authorising the Discretionary Leave Recording Form, Appendix B;
b) By recording the appropriate code on the back of the employee’s annual leave card;
c) By completing the time sheet or E Roster system;
d) By completing an absence return form. This absence return form must then be sent
to Payroll in order to make any amendments to salary / pay;
e) A contract amendment form must be completed for any unpaid leave.
4.2.2 All copies of the Discretionary Leave Recording Form will be kept on the personal file,
together with any documentation to support the request.
4.3 Compassionate Leave
4.3.1 The Organisation recognises that when there is a serious illness or death in the family or of
a close friend, an employee may need to take time off. For example, when a relative is
seriously ill, the employee may utilise compassionate leave to make arrangements to visit
social services etc on their behalf or it may be necessary for that person to be involved with
the funeral arrangements.
4.3.2 An employee who wishes to take Compassionate Leave needs to contact and inform their
Manager. The Manager should then discuss the entitlement outlined below and estimate
how long the employee will be off work, so that cover can be arranged. The normal process
should then be followed with regard to the recording of the leave.
4.3.3 The Organisation acknowledges that requests for Compassionate Leave are usually at short
notice however; notification should be given as soon as possible.
4.3.4 If the employee has a bereavement of immediate family, spouse or partner, parents,
children, siblings or grandparents, staff are generally entitled to have up to the equivalent of
one working week’s paid leave at the Manager’s discretion. This entitlement does not
necessarily have to be taken in a single period. At the Manager’s discretion, three extra
days can be given where the employee is responsible for either funeral arrangements
and/or estate matters
4.3.5 If the bereavement is of another relative or friend, the employee is entitled to a maximum of
one day of paid leave.
4.3.6 Where more leave is necessary, the Manager and employee can discuss alternative leave
such as annual leave, unpaid leave or time off in lieu.
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4.4 Progressive Illness
4.4.1 Where immediate family, spouse or partner, parents or children have a progressive long
term terminal illness, the Organisation will offer as much support as necessary. Each case
will be dealt with on an individual basis and all areas of flexible working will be explored and
encouraged. The Organisation will also signpost the employee to areas of other support,
e.g. counselling, financial advice.
4.5 Carers’ Leave
4.5.1 Carers’ needs can be very simple; knowing that they can leave work on time to get home or
being able to make a telephone call home during the day to check that all is well. If caring
demands increase, they may need time off for emergencies, to attend hospital
appointments, or where there is an illness of a relative or dependant, normal care
arrangements break down or if arrangements need to be made for a longer-term care
problem.
4.5.2 Notification of any such applications for carers’ leave should be made as soon as possible,
to the relevant Manager. An employee, who is a carer, is entitled to take up to the
equivalent of one working week’s paid leave. This leave does not have to be taken in a
block of one week and can be taken in single days up to the maximum of the equivalent of
one working week’s paid leave (5 days pro rata).
4.5.3 The Manager should use the following points as a guideline, when discussing this type of
leave with the employee: -
a) The relationship of the relative or dependent, to the employee;
b) Their dependency on the employee;
c) What other support mechanisms are available;
d) Whether the reason for the leave is going to recur;
e) Levels of stress placed on the team caused by the employee taking leave.
4.5.4 Upon consideration of these points, the Manager should discuss how many days will be
appropriate, taking into consideration the needs of the employee balanced with the service.
If more leave is required, the Manager and employee should consider alternative leave,
such as annual leave or a period of unpaid leave.
4.6 Domestic Incident Leave
4.6.1 The Employment Relations Act classes any incident that occurs in the home or affects a
member of the employee’s family or a person who relies on the employee for assistance, as
a Domestic Incident. This may warrant an employee requesting leave to deal with a
domestic incident. Examples of such could be: -
a) Storm, fire or flood damage;
b) If the usual child care or elder care arrangements fail;
c) Immediate family, spouse or partner, parents or children is victim of a serious
accident/incident, taken seriously ill and admitted to hospital.
4.6.2 The Manager will consider the circumstances and may class it as a domestic incident, if the
situation was found to be serious enough. The Organisation may give paid leave from one
hour up to a maximum of three days per year.
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4.6.3 Employees when requesting this leave should phone their Manager to explain what the
problem is, who will then follow the correct procedure for agreeing (or not) any domestic
incident leave and the duration.
4.6.4 If further leave is needed, the Manager and employee will consider alternatives, such as
annual leave or unpaid leave.
4.7 Extreme Weather Conditions
4.7.1 The employee’s safety is of paramount importance and should not be jeopardised in any
attempt to attend work during extreme weather conditions. Staff who are absent for
complete days during a period of severe weather should be given the following options:
a) The day/s absence can be taken as annual leave;
b) The day or days of absence can be taken from time owing. At the Manager’s
discretion, staff who currently have no time owed may be allowed to set up a
negative balance and work these hours back with a time limit agreed with the
Manager;
c) For certain types of jobs/roles, staff may work from home;
d) Staff may report for work at the Organisation’s base nearest to their home;
e) The day or days lost may be treated as unpaid leave.
4.7.2 Deductions will not be made for late arrivals or early departures, where these have been
agreed with the Manager, during initial or prolonged periods of severe weather. If bad
weather is anticipated and it is possible for an employee to make preparations to work from
home, this will be encouraged.
4.7.3 Subject to the agreement of the Manager, alternative arrangements in respect of both the
place and time of work may be made.
4.8 Time off for Doctors, Dentists, Hospital Appointments or Other Appointments
4.8.1 Organisation employees have no automatic right to paid time off for appointments external
to the Organisation. It should, however, be recognised that in many circumstances this
would be impracticable.
4.8.2 Managers should therefore consider with the individual alternatives such as time owing,
time off in lieu, annual leave or unpaid absence. In these situations, employees should
make every effort to arrange appointments at the beginning or end of the working day.
4.8.3 For employees attending Antenatal clinics or Parent craft, reasonable time off with pay must
be given. Please see Agenda for Change Conditions of Service, paragraph 15, ‘Maternity
Leave and Pay Scheme’ and paragraph 35, ‘Balancing Work and Family Life’.
4.9 Public Duties
4.9.1 Paid time off will be given to any member of staff, who is requested by a court to appear
before them to give evidence. This includes attendance at court as a witness, including
tribunals.
4.9.2 Managers will take a copy of the letter requesting attendance at court before the leave is
agreed.
4.9.3 Any certificates given to the individual by the court to allow the Organisation to claim back
money from the court should be sent directly to Payroll.
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4.10 School Governor
4.10.1 Reasonable paid time off will be given to any employee who attends meetings as a school
governor.
4.10.2 Please supply a copy of proof of election and meeting schedule to your Manager when
requesting this leave.
4.11 Jury Service
4.11.1 Paid time off shall be given to those employees who are called to jury service. Any
certificates given to the individual by the court to allow the Organisation to claim back
money from the court should be sent directly to Payroll.
4.11.2 Please supply a copy of the letter requesting you to undertake jury service to your Manager.
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4.12 Local Government Activities
4.12.1 Any employee, with the consent of their employer, who stands for election and gains a place
in local government, shall be granted up to 18 days paid leave in any 12 month period to
carry out their duties as a local government official. Staff must adhere to national guidelines.
4.13 Magisterial Duties
4.13.1 Any employee who may undertake magisterial duties is eligible to paid time off for this
purpose.
4.13.2 Leave can be in half days or whole days but it must not exceed 18 days in any 12 month
period. If further leave is required for magisterial duties then these will be unpaid.
4.13.3 The consent must be obtained from the Manager for each period of duty.
4.14 Training for the Reserve, Cadet Forces and Special Constabulary
4.14.1 Any employee who, with the consent of their manager, volunteers for service with the
Reserve Forces or Special Constabulary, or at the time of their taking up employment
declares that they are a member of the Reserve Forces or Special Constabulary, is entitled
to five working days of contracted hours paid leave, in order to pursue training for these
activities. Where the training session goes on for more than a week then the employee
should decide if they would like to take unpaid leave or use some of their annual leave.
4.15 Time off to Attend an Interview
4.15.1 Managers may grant up to two days paid leave for candidates called for interview by NHS
employing organisations, local authorities or other government bodies upon the production
of the interview letter.
4.15.2 Employees called for interview by other employers must take annual leave, unpaid leave or
time owing, where this is applicable.
4.16 Professional Organisations
4.16.1 Employees who voluntarily sit on committees or councils for professional organisations may
receive time off by arrangement with their Line Manager.
4.17 Time off to Move House
4.17.1 There is no entitlement to additional leave to move house. The Organisation encourages
staff to take time off to move home using a combination of unpaid leave, annual leave and
time off in lieu.
4.18 Unpaid Leave (Short Term and Extended) / Career Break
4.18.1 Unpaid leave for short or extended periods is granted at the Manager’s discretion. It may
only be granted where the replacement cost is no greater than the present cost incurred by
the Organisation to employ the person seeking a period of unpaid absence.
4.18.2 Requests for unpaid leave will normally be in writing giving the start and return date and the
reason for the leave. Managers should give their response in writing.
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4.18.3 Employees should, unless there are extenuating circumstances, take all outstanding annual
leave accrued to the date when unpaid leave would commence, before the period of unpaid
leave begins.
4.18.4 During unpaid leave, no annual leave or entitlement to Bank or Public Holidays will accrue.
4.18.5 Entitlement to paid sick leave will be deferred until after a return to work has occurred.
4.18.6 The right to incremental credit will be deferred where the unpaid leave is for a period of
three months or more.
4.18.7 Where the employee is a member of the NHS / Scottish Widows Pension Scheme, PCH as
the employer will pay up to a maximum of 6 months employer contributions, which will be
taken from the authorising manager’s budget. The employee will be responsible for paying
employee contributions. In the event that the Unpaid Leave / Career Break is longer than 6
months and the employee wishes to remain in the pension scheme, the employee will be
responsible for both the employer and employee pension contributions. Advice should be
sought from The Pensions Office, 2nd Floor, PAMW, Royal Cornwall Hospital, Treliske,
Truro TR1 3LJ
4.18.8 Lease car payments may be affected, contact the transport department for advice.
4.18.9 Employees may not enter into paid employment within the UK during periods of unpaid
leave without the agreement of the Organisation. However, this leave can be used to
experience work, paid or unpaid, in another country.
4.18.10If a period of unpaid leave is over three calendar months, the employee has to give 21 days
notice in writing of the intended date of return. Failure to give such notice may result in the
Organisation deferring the right to return until the 21 days of notice have expired.
4.18.11Managers are required to notify the Human Resources Department of an employee’s failure
to return to work. Failure to return to work following any period of unpaid leave will be
treated as unauthorised, unpaid absence and will result in disciplinary action against the
employee, which may result in dismissal.
4.19 Refusal of Discretionary Leave
4.19.1 Where an employee feels that they have been unreasonable refused any type of
discretionary leave, they may raise the matter using the Organisation’s Grievance Policy.
5. Risk Management Strategy Implementation
5.1 Implementation
All staff to be made aware of the new policy via Peninsula Community Health’s
communication bulletins and HR team localities to promote policy and process through team
meetings.
5.2 Training and Support
Training for all managers and supervisors on how to apply the policy consistently and fairly,
delivered by the HR Team in conjunction with the Training Department
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5.3 Dissemination
Once ratified, this policy will be loaded to the intranet (read only) as an existing policy and
labelled HRP 09.
Staff will be made aware of its existence through the weekly email bulletin.
Confirmation of receipt is not required for this procedural document.
5.4 Storing the Procedural Document
The signed procedural document will be stored (hard copy) centrally, as will the digital (soft
copy) version.
5.5 Equality Impact Assessment
Peninsula Community Health aims to design and implement services, policies and
measures that meet the diverse needs of our service, population and workforce, ensuring
that none are placed at a disadvantage over others.
As part of its development, this strategy and its impact on equality have been assessed.
The assessment is to minimise and if possible remove any disproportionate impact on
employees on the grounds of race sex, disability, age, sexual orientation or religious belief.
No detriment was identified.
6. Process for Monitoring Effective Implementation
The effective implementation of this policy will be monitored by the Workforce Directorate in
conjunction with the Joint Partnership Committee (JPC). Any changes in employment
legislation which impact on the policy will be updated by the HR Team and the JPC will be
informed. The Discretionary Leave Policy will be reviewed every 3 years from the date of
ratification.
7. Associated Documentation
This document references the following supporting documents which should be referred to
in conjunction with the document being developed:
Short Term Sickness Guidelines
Long Term Sickness Guidelines
Time Off In Lieu Policy
Annual Leave Policy
Flexible Working Policy
Agenda for Change Conditions of Service, paragraph 15, ‘Maternity Leave and Pay
Scheme’ and paragraph 35, ‘Balancing Work and Family Life’
NHS Employers, Improving Productivity & Information Governance
Agenda for Change Conditions of Service (Revised)
NHS Policy ‘An Organisation-wide Policy for the Development and Management of
Procedural Documents’
Flexible Working (Working Parents and Carers) Policy
Grievance Policy
Disciplinary Policy and Procedure
Redeployment Policy
NHS Pension Scheme: Authorised Leave / Career Breaks FAQs V1 07/2010 Fact Sheet
10

8. References
www.nhsbsa.nhs.uk/pensions Authorised Leave / Career Breaks FAQs
Department of Health. (2005). Promoting equality and human rights in the NHS - a guide for nonexecutive
directors of NHS boards. Available at: www.dh.gov.uk.
Civil Partnership Act 2004. London: Stationery Office. Available at www.opsi.gov.uk/acts
Disability Discrimination Act 2005. London: Stationery Office. Available at www.opsi.gov.uk/acts
The Employment Equality (Religion or Belief) Regulations 2003. London: Stationery Office.
Available at www.opsi.gov.uk/acts
The Employment Equality (Sexual Orientation) Regulations 2003. London: Stationery Office.
Available at www.opsi.gov.uk/acts
The Equal Pay Act 1970 (Amendment) Regulations 2003. London: Stationery Office. Available at
www.opsi.gov.uk/acts
Gender Recognition Act 2004. London: Stationery Office. Available at www.opsi.gov.uk/acts
Health and Social Care Act 2001. London: Stationery Office. Available at www.opsi.gov.uk/acts
Human Rights Act 1998. London: Stationery Office. Available at www.opsi.gov.uk/acts
Race Relations (Amendment) Act 2000. London: Stationery Office. Available at
www.opsi.gov.uk/acts
The Sex Discrimination (Gender Reassignment) Regulations 1999... London: Stationery Office.
Available at www.opsi.gov.uk/acts
The Sex Discrimination Act 1975 (Amendment) Regulations 2003. London: Stationery Office.
Available at www.opsi.gov.uk/acts
The Safety Representatives & Safety Committee Regulations 1977. London: Stationery Office.
Available at www.opsi.gov.uk/acts
Trade Union & Labour Relations (Consolidated) Act 1992. London: Stationery Office. Available at
www.opsi.gov.uk/acts
Employment Rights Act 1996. London: Stationery Office. Available at www.opsi.gov.uk/acts
11

APPENDIX A
FLOWCHART- PROCESS
PROBLEM RECOGNISED OR REASON
FOR REQUEST IDENTIFIED
INFORM LINE MANAGER
Include:
Reason for leave
Agree type of leave appropriate
Agree how long needed
Agree process e.g. Compassionate Leave
Line manager to RECORD on
- Discretionary Leave Monitoring Form
- Contract Amendment Form if
appropriate
- Leave card
DIFFERENT TYPES OF DISCRETIONARY LEAVE
Compassionate Leave
Progressive Illness Leave
Carer Leave
Domestic Incident Leave
Extreme Weather Conditions Leave
Time Off- for Doctors, Dentists, Hospital Appointments & Other leave
Public Duties
School Governor
Jury Service
Local Government Activities
Magisterial Duties
Training for Reserve Forces, Cadet Forces & Special Constabulary
Interview Leave
Professional Organisations
Moving House
Unpaid Leave / Career Break
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Appendix B
DISCRETIONARY LEAVE RECORDING FORM
Employees
___________________________________________________
Name:
Job Title: __________________________________________________________
Base: _____________________________________________________________
Manager: __________________________________________________________
Type of Leave taken*:
Adoption Bereavement Carer Domestic Incident
Foster Interview Paternity Public Duties
Career Break Unpaid Extreme Weather
Other (please state) ____________________________________________
*please tick
Dates when leave taken:
From: ___________________________
To: _____________________________
Total Number of days taken: _____________________
All absences due to Discretionary Leave must be recorded on the time sheet or E Roster system.
Please state clearly the reasons for the above leave.
Authorised By: ____________________________________ (Signature)
Name: ___________________________________________ (Block Capitals Please)
Designation: ______________________________________
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APPENDIX C
Equality Impact Assessment Proforma Initial Screening
Section HR Officer responsible for the assessment Wendy Underwood, HR Advisor
Name of Policy to be
assessed
Discretionary Leave Policy Date of
Assessment
31/7/12 Is this a new or existing
policy?
Existing
1. Briefly describe the aims, objectives and
purpose of the policy.
2. Are there any associated objectives of the
policy? Please explain.
3. Who is intended to benefit from this policy, and
in what way?
The purpose of this Discretionary Leave Policy is to inform employees of the support, help
and procedure that is available to deal with any situation that may require time off.
To provide a smooth work life balance for all employees and comply with best practice
Human Resource management.
This Policy applies to all members of staff, who hold a contract of employment with PCH
4. What outcomes are wanted from this policy?
The Discretionary Leave Policy is designed to:
Demonstrate that the Organisation applies the principles of sound governance and actively
supports all employees to promote openness, probity and honesty
Ensure that the Organisation challenges discrimination, promotes equality and respects
human rights.
Ensure the Organisation works to enhance patient care by adopting best practice in human
resources management and continuously improving staff satisfaction.
5. What factors/forces could contribute/detract
from the outcomes?
Communication issues; the degree of awareness by employees and line managers of the
appropriate obligations.
Staff not complying with the rules when requesting and using Discretionary Leave.
6. Who are the main
stakeholders in relation to the
policy?
Managers, employees and Trade Union
representatives
7. Who implements the policy, and
who is responsible for the policy?
Employees and line
managers in association with
the HR Team
8. Are there concerns that the policy could have a
differential impact on RACIAL groups?
N
Please explain
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What existing evidence (either presumed or
otherwise) do you have for this?
9. Are there concerns that the policy could have a
differential impact due to GENDER (including
TRANSGENDER)?
An objective of this policy is to ensure that the organisation adopts a clear and consistent
approach to the entitlement and approval of Discretionary Leave, including individuals covered
by protected characteristics as defined in the Equality Act 2010. The organisation respects
employees from all ethnic and racial backgrounds as evidenced in its Equality, Diversity and
Human Rights Policy.
N
What existing evidence (either presumed or
otherwise) do you have for this?
10. Are there concerns that the policy could have a
differential impact due to DISABILITY?
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The organisation has a commitment to ensure that no person is discriminated against on the
grounds of their gender or transgender status.
N
What existing evidence (either presumed or
otherwise) do you have for this?
11. Are there concerns that the policy could have a
differential impact due to SEXUAL
ORIENTATION?
What existing evidence (either presumed or
otherwise) do you have for this?
12. Are there concerns that the policy could have a
differential impact due to their AGE?
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The organisation has a commitment to ensure that no person is discriminated against on the
grounds of their disability.
N
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The organisation has a commitment to ensure that no person is discriminated against on the
grounds of their sexual orientation.
N
What existing evidence (either presumed or
otherwise) do you have for this?
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
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The organisation has a commitment to ensure that no person is discriminated against on the
grounds of their age.
13. Are there concerns that the policy could have a
differential impact due to their RELIGIOUS
BELIEF?
N
What existing evidence (either presumed or
otherwise) do you have for this?
14 Are there concerns that the policy could have a
differential impact due to their MARRIAGE OR
CIVIL PARTNERSHIP STATUS? (This MUST be
considered for employment policies).
What existing evidence (either presumed or
otherwise) do you have for this?
15 Are there concerns that the policy could have a
differential impact due to GENDER
REASSIGNMENT OR TRANSGENDER ISSUES?
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The organisation has a commitment to ensure that no person is discriminated against on the
grounds of their religious belief.
N
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The organisation has a commitment to ensure that no person is discriminated against on the
grounds of their marriage or civil partnership status.
N
What existing evidence (either presumed or
otherwise) do you have for this?
16 Are there concerns that the policy could have a
differential impact due to PREGNANCY OR
MATERNITY?
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The Organisation has a commitment to ensure that no person is discriminated against on the
grounds of their reassignment or transgender status.
N
What existing evidence (either presumed or
otherwise) do you have for this?
An objective of this policy is to ensure that all employees who request Discretionary Leave are
treated consistently and fairly regardless of the characteristics of the staff member concerned.
The Organisation has a commitment to ensure that no person is discriminated against on the
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grounds of their pregnancy or maternity status.
17 How have the Core Human Rights Values of:
Fairness;
Respect;
Equality;
Dignity;
Autonomy
Been considered in the formulation of this
policy/strategy
If they haven’t please reconsider the document
and amend to incorporate these values.
18. Which of the Human Rights Articles does this
document impact?
What existing evidence (either presumed or
otherwise) do you have for this?
The Core Human Rights Values underpin this policy, which has been formulated with these
underlying principles in mind and in line with the Organisation’s commitment to equality, diversity
and human rights as set out in its Equality and Diversity Policy and the Equality, Diversity
and Human Rights Scheme 2009-2012.
All staff members that request Discretionary Leave will have their individual needs taken into
account and will be treated with dignity and respect.
The right:
Yes No
To life;
X
Not to be tortured or treated in an inhuman or degrading way;
X
To be free from slavery or forced labour;
X
To liberty and security;
X
To a fair trial;
X
To no punishment without law;
X
To respect for home and family life, home and correspondence;
X
To freedom of thought, conscience and religion;
X
To freedom of expression;
X
To freedom of assembly and association;
X
To marry and found a family;
X
Not to be discriminated against in relation to the enjoyment of any of
X
the rights contained in the European Convention;
X
X
To peaceful enjoyment of possessions and education;
X
To free elections
X
The policy is underpinned by a commitment to protect the rights of individuals in respect of
treating staff fairly and equitably in the request for Discretionary Leave.
How will you ensure that those responsible for
implementing the Policy are aware of the Human
Rights implications and equipped to deal with
them?
Through management updates via the staff intranet and guidance/best practice information
from HR
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19. Could the differential impact
identified in 8 – 13 amount to
there being the potential for
adverse impact in this policy? N
Please explain
20. Can this adverse impact be
justified on the grounds of
promoting equality of opportunity
for one group? Or any other
reason?
N
Please explain for each equality heading (questions 8 –13) on a separate piece of paper.
18. Should the policy proceed to
a full equality impact
assessment? N
If Yes, describe why, then proceed to a full EIA.
If No, are there any minor further amendments that should take place?
If a need for minor amendments is identified, what date were these completed and what actions
were undertaken.
Signed (completing officer) …Wendy Underwood………………….. Date 31.07.12
Signed (Head of Section) ……………………………………………………….. Date
Please ensure that a signed copy of this form is sent to both the Policies Officer and the Equality and Diversity lead to be placed on the PCH website.
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