11.07.2015 Views

Barts Health Equality and Human Rights Impact Assessment Report

Barts Health Equality and Human Rights Impact Assessment Report

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Merger issuePositiveimplications ofthe merger<strong>Barts</strong> <strong>Health</strong> <strong>Equality</strong> <strong>and</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Impact</strong> <strong>Assessment</strong> <strong>Report</strong>Negative implications of the mergerMitigationImplications forcompliance with PublicSector <strong>Equality</strong> DutyImplications forprotection <strong>and</strong>promotion ofhuman rightsAdvice forCAGs onneed toimproverecruitment<strong>and</strong> selectionpracticeWill help to ensureleadership isresponding toareas of concernRecruitment <strong>and</strong> selection are bothimportant, but baseline review identifiessignificant issues around bullying,harassment, victimisation <strong>and</strong> staff relationstoo. There are inequalities in all three trustson one or more of these issues (e.g. inrelation to race) <strong>and</strong> this has a significantimpact on staff morale <strong>and</strong> performance. Acore aim of the merger is to improve staffmotivation <strong>and</strong> performance <strong>and</strong> addressingbullying <strong>and</strong> harassment will be animportant part of that equation. Also bullying<strong>and</strong> harassment cases can have largeimpact on credibility of Trust <strong>and</strong> financialcosts (e.g. end of 2011-2 employmenttribunal cases which resulted incompensation payments of £4.4 million <strong>and</strong>£1 million).Specific <strong>and</strong> high-profile plans(backed by Senior Leadership)required to address issues ofdiscrimination (bullying, harassment,victimisation) across the mergedTrust. This could include examples ofwhat discrimination ‘looks like’, who toreport it to, where to get support from.It could also include support formanagers on how to respond todifferent types of discrimination (asdescribed above). There is also abroader issue to be addressedaround how time <strong>and</strong> resources arecreated for managers to conductappropriate supervision <strong>and</strong>performance management activitiesin the Trust.Eliminating unlawfuldiscrimination is a generalduty. The Trust will need toshow how it intends toaddress this across the neworganisation. Plans arealready underway toconduct cross-Trustresearch on this issue.Employers who donot aim to preventbullying <strong>and</strong>harassment outsidethe context ofdiscrimination(covered byprotectedcharacteristics –e.g. obesity) may bein breach of the<strong>Human</strong> <strong>Rights</strong> Act(Article 3:degrading <strong>and</strong>inhuman treatment).HRA also relates toharassment in that itprovides right torespect for private<strong>and</strong> family life(Article 8)203

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