Equality and Diversity PDF

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Equality and Diversity

Section A: Short Questions and Answers (50%) Hint: You should answer each question in turn. Your answers should be as concise as possible. 1.

Explain what is meant by the term: equality and diversity. Equality is providing opportunities to individuals, ensuring that each individual is not discriminated or treated unfairly for their characteristics by removing such barriers and disempowerment. Diversity is acknowledging individuals differences between individuals and different minorities and providing a positive view and recognising the advantages of such differences can lead to better outcomes to organisations while taking into consideration such characteristics; age, gender, race or culture, religion and sexual orientation (GOV.UK, 2013). (3 marks)

2.

The Equality Act 2010 defines 9 protected characteristics. Explain what is meant by the following three characteristics: disability; race and sex. Within the equality act, race declares that an individual cannot be discriminated because of their race, race being termed as the individuals colour, nationality and citizenship. As well as an individuals ethnicity which may differ from the individuals nationality. The Equality act 2010, established that it is unlawful for individuals to sex discriminates. Sex discrimination from men to other men or women is unlawful. The same applies to women discriminating other women or men because of his or her sex. The Equality act 2010, protects discrimination against individuals with a disability. The act defines an individual as disabled if they have a mental or physical impairment which has an impact of the individuals ability to perform daily tasks, for instance; reading, using a telephone or using public transport. The act ensures to protect individuals, placing responsibilities to employers to provide adjustments for individuals to reduce any disadvantage they may have compared to non-disabled workers. For instance; an assistant software can be installed on the employees computer to aid visual impairment to allow the employee to use computers to carry out tasks efficiently (UOS, 2020).

(3 marks) 3.

Explain the purpose of the Equality and Human Rights Commission.

The purpose of the equality and human rights commission is to produce equal rights through enforcing protections and human rights laws which promote to reduce discrimination and inequality. The commission aid based on discriminatory actions does not occur due to reasonings of race, sex, sexual orientation religion, culture, belief age, disability, and many more protected characteristics, ensuring that any discrimination is dealt with by the laws and protections provided to individuals (EHRC,2010).

4.

Describe the main responsibilities of practitioner Biomedical Scientists in relation to equality and diversity

For Biomedical scientists to be competent, they must ensure to follow the standards set by the HCPC (Health and Care Professionals Council) to maintain being registrars. Biomedical scientists must understand the requirements to respect the rights of service users and their role within the identifying, monitoring and treat diseases to support clinicians within decision making of effective treatment plans. Biomedical scientists must ensure to acknowledge the positives of diversity and multicultural impact on the practice. A well as being. Able to take on their role and practise in a way which is unprejudiced (HCPC, 2020). According to the IBMS (Institution of Biomedical Science), members must commit to the responsibilities of; providing an environment where there is diversity and individuals can have the freedom to contribute despite their differences. Also, members must promote respect and dignity towards each other and as well as service users. Within the organisation bullying and harassment is prohibited. Members of the IBMS can be trained to develop in these aspects and progress within their role. Failure to follow equality policies within the IBMS is considered ass poor management practise and can lead to misconduct and disciplinary (IBMS, 2017a). (2 marks)

5.

Give three examples of how a Biomedical Scientist might treat patients according to their rights and/or wishes.

Biomedical scientists must be aware of their role when dealing with individuals who may have different beliefs or cultural backgrounds which may impact the procedures which they may need to carry out for their role. For instance, an adult Jehovahs witness has the right to refuse blood transfusion due to their belief. Nevertheless, within an emergency, a medical practitioner must treat a patient although the patient does not give consent and the practitioner must treat them in other processes which do not involve administering blood. Another example would be; if Muslim patient is offered a handshake by a healthcare professional who is the opposite sex, this may lead to the patient feeling uncomfortable, due to their belief and therefore healthcare professionals need to understand if they are comfortable and if they are not to refrain from such interaction unless the patient has made it clear they are comfortable with the healthcare professional(Smith, et al, 2013). An example where biomedical scientist may need to treat patients according to their right is for patients who have undergone or and undergoing gender reassignment, the healthcare professionals must ensure to follow the biological results of which the patient was born with, however, they must ensure to respect the patients’ rights and must acknowledge to provide the correct reference ranges for interpretation of their results(IBMS, 2017b). (3 marks) 6.

Explain the difference between direct and indirect discrimination and provide one example of each.

Indirect discrimination occurs if there is a policy which applies within the same way for everyone, however leading to a group of people becoming disadvantaged due to their protected characteristic. If this occurs, the individual or organisation employing such policies must provide reasoning to prove there is no indirect discrimination, this is called an objective justification. An example of indirect discrimination would be if an employer produces a dress code, wherein particular they prohibit hairstyles such as braids, cornrows, etc. This may lead to indirect discrimination as these styles are commonly worn by ethnic groups. Direct discrimination occurs when an individual is treated unfairly compared to another individual based on their protected characteristic, association with a person who may have these protected characteristics or perceive to have such protected characteristics. To know if an individual is being directly discriminated, a valid comparison of discriminatory treatment should be made of either an individual who has similar

circumstances and is being treated better or if an individual did not possess the protected characteristic they may have been treated better in the similar situation. An example of this is direct discrimination against pregnancy and maternity. If an employer managed absence from work of employees who may be experiencing morning sickness and accounting these absences under the individuals attendance management protocol. (HRC, 2015). (4 marks) 7.

Provide three examples of a genuine occupational requirement that employers might be able to use to lawfully discriminate, for example, in recruitment.



Age discrimination can be positively justified in some cases for instance; during recruitment processes, the employer may state retirement age for the candidate concerning the job role (DVV, 2020).



Sex can be lawfully discriminated in the recruitment process of a role requiring specific sex if the employer has genuine reasoning to the organisation to have specific sex to meet the needs of an organisation it can be positively justified. An example would be a female healthcare assistant where a patient has requested care from a female for comfortably (BrightHR, 2020).



Disability can be lawfully discriminated if in an instance; a fire service requires candidates to take a physical test. This could be seen as discrimination of disability, as some individuals with certain disabilities are less likely to pass the test compared to someone who is not disabled due to their differences in physical capabilities. However, the fire service may be able to positively justify the reason to discriminate based of the role requiring someone with great physical capabilities which ensure the candidate is fit to carry out such specific physical activities (Acas,2020).

8.

Explain the term, reasonable adjustment, and provide one example. Reasonable adjustments are alterations made to the workplace environment to enable employees with a disability to work effectively and safely, without the means of being at a disadvantage compared to employees who are not disabled. Employers provide reasonable adjustment by discussing support when employees may find it difficult with areas of their role and ensure the companies policies or practices do not affect the disabled employees. An

example of a reasonable adjustment would a disabled employee requiring a ramp if they are a wheelchair user (VIC, 2020). 9.

A patient’s culture could negatively affect their experience within the health service. State four considerations that might have to be taken into account to reduce this impact.

Communication and interaction, this is crucial to understand as a healthcare professional. communication is important to provide patient satisfaction and quality of patient care. For instance; if the patient speaks a different language, health care professionals may find it difficult to interpret the true translation of what a patient wants to say, therefore healthcare professionals must ensure to provide patients with suitable interpreters who can provide the true interpretation (Mannion, & Davies, 2018). Healthcare professionals must ensure to understand to respect the patients’ beliefs providing the patient with the rights to be treated by a female or male doctor. An example of this is where a female Muslim patient is offered treatment with a healthcare professional who is the opposite sex, this may lead to the patient feeling uncomfortable as they may feel the need to object to this matter due to their modesty of covering their hair in some cases an thus to ensure ease of the patient ensuring to understand if they are comfortable and if they are not to refrain from such interaction and providing the patient with a female doctor (Bussey-Jones & Genao, 2003). Integrating cultural competence into training is a consideration which provides an understanding of cultural differences and beliefs which healthcare professionals may need to consider providing patients to adhering to their culture circumstances and becoming a healthcare professional with cultural competency to carry out responsibilities and roles catering to the patient treatment process. An example would be Jehovah’s witnesses refusing blood transfusion this must be respected and healthcare professionals must ensure to carry out an alternative plan (Mannion, & Davies, 2018). Providing community support to patients which have a cultural background, providing the patient with an opportunity to produce goals and encourage the patient to give their full potential during stages of treatment, diagnosis and recovery while considering the patients requirements and needs which adhere to their culture and beliefs (University of Minnesota,2016). (4 marks) TOTAL: 30 markS Section B: Reflective Practise (50%)

Write a piece of reflective practise to evaluate: ‘What impact has the Equality Act 2010 had on society today’ This should be no more than 500 words. Hint: Ask yourself: why was it necessary to replace existing equality legislation by introducing the 2010 Act? Has there been any evidence-based impact to healthcare delivery (including staff and patients)? Are there any limitations or flaws in existing legislation? You will need to think carefully about how you can evidence your reflective practise and include appropriate reference material. The Equality Act 2010 (EA 2010), provided the legal framework to replace pre-existing anti-discrimination legislations to enable clear understanding of rights and protection of individuals. The purpose is to provide a law that protects individuals from discrimination and enables opportunities for organisations to understand diversity and equality is compulsory. The legislation aims to remove barriers and disempowerment which individuals may encounter. The Act covers discrimination based on protected characteristics set by the equality and human rights commission (see appendix one) (GOV.UK, 2013). The EA (2010) was enforced to cover previous legislations such as; the Equal Pay Act 1970 (EPA, 1970), the Sex Discrimination Act (1975), the Race Relations Act (1976) and the Disability Discrimination Act (1995). The EA (2010) has provided an outline for new laws, where a complete replacement to the significance of anti-discrimination was changed to promoting equality and diversity (EHRC, 2010). For example, EPA (1970) provided equal rights for men and women within the workplace. This was necessary as more workplaces increased the pay rates of women. Since there was a demand for women, job titles were still manipulated to decrease pay (TUC, 2020). However, currently the law entails discrimination as there are still less paid women employees as they require career breaks. Hence, more men gain promotions and career progressions. Although more improvement is needed, it is still a significant necessary law which was made to forbid sex discrimination and allow more rights for women. The EA (2010) impacts employers as it challenges rights and policies that need to be reviewed when dealing with employment. Yet, it provides opportunities for recruitment. For instance, in the case of Hastings v NHS the claimant received racial abuse from coworkers. Such discrimination resulted in compensation of £1,000,000 (GOV.UK, 2016). The impacts of the case have changed the NHS working environment, as now staff are

made aware of the importance of anti-discrimination. It not only provides equality amongst workers; it further applies when delivering a healthcare service to patients or service users. As an improvement, I believe the NHS must ensure to implement spaces which enables inclusivity of staff while working together (See appendices two). Although the EA (2010) exists, it is flawed as it does not prevent repeat discrimination. For instance, companies have received penalties as they do not comply with the provisions within the law. While penalties are reviewed, the notion of discrimination is dismissed. Examples such as the NHS are Sturdy v Leeds Teaching Hospital NHS Trust and Jolly v Royal Berkshire NHS Foundation Trust where age discrimination occurred (Thomson reuters, 2008) (GOV.UK, 2017). The NHS received penalties from 2009 and 2019, showing that effective action was not taken to reduce the reoccurrence of discrimination. An improvement to the education and training should have been implemented much more significantly to reduce such damage. (See appendices three and four). In conclusion, progression has been made through policy and legislation adjustments. Improvement within the healthcare sector is still required, through the development of inclusion in the NHS service. Working in healthcare, I feel improvement should be made in the awareness of diversity as people need to consider approaches to inclusion. Overall, it has enhanced my knowledge and awareness of the importance of equality and diversity competency which is required for my future personal development and professional development.

Appendice one: Equality Act 2010 protected characteristics (Legislations.gov.uk, 2010)

Appendice 2: Hastings v NHS (2018) (GOV.UK ,2016).

Case No: 2300394/2016

EMPLOYMENT TRIBUNALS Claimant:

Mr R. Hastings

Respondent:

King’s College Hospital NHS Foundation Trust

Heard at: London South, Croydon Before: Members:

On:

21 November 2018

Employment J udge Sage Ms. B. Brown Ms. SV MacDonald

Representation Claimant: Respondent:

Mr D Stephenson of Counsel Mr. B Collins QC

J UDGMENT 1. The Respondent is ordered to pay compensation to the Claimant as follows: a. b. c. d. e.

Basic Award: £9,737.50 Injury to Feelings: £33,000 Damages for Personal Injury: £40,000 Compensation for pecuniary loss (grossed up for tax): £917,262.50 Total sum to be paid: £1,000,000

2. Payment of the said compensation is to be made by 4.00pm on the 19 December 2018 3. Neither party is to pay costs.

_____________________________ Employment Judge Sage Date: 21 November 2018

10.2 Judgment - rule 61

Appendice 3: Sturdy v Leeds Teaching Hospital NHS Trust (2009) (Thomson reuters, 2008).

Appendice 4: Jolly v Royal Berkshire NHS Foundation Trust (2019) (GOV.UK, 2017)

Reference list:

Acas (2020) Hiring someone. [Online] Available at: https://www.acas.org.uk/hiring-someone. (Accessed:07/03/20) Bussey-Jones, J., & Genao, I. (2003). Impact of culture on health care. Journal of the National Medical Association, 95(8), 732–735. BrightHR (2020) How to avoid discrimination in recruitment. [Online] Available at: https://www.brighthr.com/articles/hiring/recruitment/how-to-avoid-recruitmentdiscrimination. (Accessed:07/03/20)

DVV(2020) Positive discrimination. [Online] Available at: https://www.personneltoday.com/equality-diversity/discrimination/positive-discriminationdiscrimination/. (Accessed:07/03/20)

EHRC (2010)What is equality act 2010 ? [Online] Available at: https://www.equalityhumanrights.com/en/equality-act-2010/what-equality-act. (Accessed:07/03/20)

GOV.UK (2013)Equality and Diversity [Online] Available at:https://www.gov.uk/government/organisations/home-office/about/equality-anddiversity.(Accessed:07/03/20)

GOV.UK (2016) Mr R Hastings v Kings College Hospital NHS Foundation Trust: 2300394/2016 [Online] Available at: https://www.gov.uk/employment-tribunaldecisions/mr-r-hastings-v-kings-college-hospital-nhs-foundation-trust-2300394-2016 (Accessed:07/03/20). GOV.UK(2017) Case No: 3324869/2017 [Online] Available at: https://assets.publishing.service.gov.uk/media/5dcd62c5ed915d0721ddcd3f/Mrs_E_Joll y_v_Royal_Berkshire_NHS_Foundation_Trust-__3324869-2017-Judgment.pdf. (Accessed:07/03/20) HRC (2015) Discrimination. [Online] Available at: https://hrc.act.gov.au/wpcontent/uploads/2015/03/Discrimination_T2-Dec10.pdf. (Accessed:07/03/20)

HCPC (2020) The standards of proficiency for biomedical scientists. [Online] Available at: https://www.hcpc-uk.org/standards/standards-of-proficiency/biomedical-scientists/. (Accessed:07/03/20) IBMS (2017a) Good Professional Practice in Biomedical Science. [Online] Available at: https://www.ibms.org/resources/documents/good-professional-practice-in-biomedicalscience/.(Accessed:07/03/20)

IBMS (2017b) The science at the heart of healthcare. [Online] Available at: https://www.ibms.org/resources/documents/the-science-at-the-heart-of-healthcare/. (Accessed:07/03/20)

Jones, K., Arena, et al. (2017). Subtle Discrimination in the Workplace: A Vicious Cycle. Industrial and Organizational Psychology, 10(1), 51-76. doi:10.1017/iop.2016.91 Legislations.gov.uk (2010) Equality Act 2010 [Online] Available at: http://www.legislation.gov.uk/ukpga/2010/15/contents.(Accessed:07/03/20)

Mannion, R, & Davies, H.(2018) Understanding organisational culture for healthcare quality improvement. BMJ:Doi: 10.1136/bmj.k4907

Smith M, et al (2013) Best Care at Lower Cost: The Path to Continuously Learning Health Care in America. Washington (DC): National Academies Pres...