Public Sector Equality Duty (PSED)

Legislative Context : Public Sector Equality Duty (PSED) under the Equality Act 2010

The Equality Act (2010) places an Equality Duty on public bodies, including NHS bodies such as the Trust which encourages us to engage with the diverse communities affected by our activities to ensure that policies and services are appropriate and accessible to all.

The Equality Act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. Every person has one or more of the protected characteristics, so the act protects everyone against unfair treatment. The protected characteristics are: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex and Sexual Orientation.

The Equality Act (2010) places an Equality Duty on public bodies, including NHS bodies such as the Trust which encourages us to engage with the diverse communities affected by our activities to ensure that policies and services are appropriate and accessible to all. The Equality Act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. Every person has one or more of the protected characteristics, so the act protects everyone against unfair treatment. The protected characteristics are:

The Equality Duty consists of a General Duty with three main aims. It requires the Trust to have due regard to the need to:

• Eliminating unlawful discrimination, harassment and victimisation and any other conduct which is unlawful under the Act 2010
• Advance equality of opportunity between people who share a protected characteristics and those who do not; and
• Foster good relations between people who share a protected characteristic and those who do not.

Having due regard means that the Trust must take account of these three aims as part of our decision making processes; in how we act as an employer, how we develop, evaluate and review policy; how we design, deliver and evaluate services; and how we commission and buy services from others. The general duty is also underpinned by a number of specific duties which include the need for the Trust to:

• Set specific, measurable equality objectives;
• Analyse the effect of our policies and practices on equality and consider how they further the equality aims (EIA’s);
• Publish sufficient information to demonstrate we have complied with the general equality duty on an annual basis.

The Equality Act 2010 and The Equality Act, Making Equality Real – Easy Read Document are available here.

Equality Act 2010 – The Duty to Publish Equality Information

Equality underpins our decisions as a mental health service provider. From 31st January 2012, the Trust has a legal requirement to publish information which shows that we are meeting the requirements of the Equality Act 2010 on annual basis.

The Trust Equality information report can be found via this link.

Gender pay gap reporting

Dudley and Walsall Mental Health Partnership NHS Trust has published its Gender Pay Gap snap shot report which is a new legal requirement. The Trust has also produced an infographic.

The Equality and Human Rights Commission defines the difference between equal pay and the gender pay gap as follows:

Equal pay means that men and women in the same employment performing equal work must receive equal pay, as set out in the Equality Act 2010.

The gender pay gap is a measure of the difference between men’s and women’s average earnings across an organisation or the labour market. It is expressed as a percentage of men’s earnings.   Salaries at the Trust are determined through a job evaluation scheme called Agenda for Change (AFC). Job evaluation evaluates the job and not the post holder. It makes no reference to gender or any other personal characteristics of existing or potential job holders.

Trust Equality Objectives 2016/18

As a direct result of EDS2 evaluation and grading the Trust has developed four specific long term Equality Objectives and Action Plan. This will enable the Trust to address barriers through mainstream plans including- changes to specifications, business plans and strategies, improving procurement activity and processes, enabling improved information and intelligence exchange with key partners including NHS England, the Local Authority and Community Voluntary and Faith Sector.

Please click here for the Equality Objectives Action Plan.

Workforce Race Equality Standard (WRES)

Documents regarding the NHS Workforce Race Equality Standard can be found below:

Annual Report 2016/17

This has been a year of consolidating our previous good work, delivering support differently, and facing up to new challenges, including the NHS Workforce Race Equality Standard (WRES) and the Workface Disability Equality Standard (WDES). The Trust continues to value equality, diversity and inclusion and ensure there will be no barriers for any group or individual receiving a good health outcome. The main purpose of this report is to provide assurance that the Trust is compliant with its responsibilities under the Equality Act 2010 and, in particular, the public sector equality duty. The report highlights the progress made towards achieving the Trust’s equality, diversity and inclusion objectives and key priorities for 2016/17.

Please follow this link for the full report.

The Equality Delivery System (EDS2) Grading and Summarised Evidence report – May 2014

In November 2013 NHS England issued the updated Equality Delivery System (EDS2) designed to be slimmer and more flexible. The system has been simplified and two of the outcomes changes from the original EDS.  EDS2 is a generic tool designed for both NHS commissioners and NHS providers. The main purpose of the Equality Delivery System (EDS) is to help local NHS organisations, in discussion with local partners including local people, review and improve their performance for people with characteristics protected by the Equality Act 2010 Using the NHS Equality Delivery System 2 provides a way for the Trust to deliver on the Public Sector Equality Duty (PSED) and ensure compliance with the Equality Act 2010.

The Equality Delivery System puts local interest groups at the forefront of assessing and grading NHS performance against a series of service user and staff focused outcomes. The Trust has facilitated engagement workshops with service users, carers, stakeholders, staff and the local community to:

  • Inform service users and local communities of the EDS2 and how their input can help shape and deliver the best solutions to meet the needs of local communities across Dudley and Walsall
  • Involve service users, carers, stakeholders, staff and local communities in the development of the EDS objectives and key priorities
  • Help the Trust to assess where it as an organisation by analysing and grading performance against each EDS Goal and 18 outcomes.

(EDS2) Workforce Race Equality Standard (WRES) Progress Report

(EDS2) Implementation Plan

(EDS2) Summary Report

For any further information regarding Equality & Diversity, Please contact Paul Singh, Equality & Diversity Lead on: 01384 366517 / 07795 238173 or email gurwinder.singh@nhs.net.