for Policies & Procedures

Transcription

1 Leicestershire Constabulary for Policies & Procedures Policy or Procedure Title: Disability Leave Procedure Reference Number: This consists of a series of parts that ensure that the policy or procedure complies with important legislation. Completion will demonstrate this, and will provide an audit trail of decision-making for future reference. This pack will be kept with every Force Policy and Procedure, and the responsibility for its completion and maintenance lies with the author and the owner of the Policy or Procedure in question. Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Equality Impact Assessment Human Rights Risk Assessment Health and Safety Environment Data Protection & Freedom of Information Impact on Bureaucracy Citizen Focus Dissemination & Training Consultation Review Log Date Author Reason for completion (is the policy/procedure new, reviewed without change or revised?) L de Souza Procedure reviewed J Lindsay Replacement of DDA with Equality Act Page 1 of 7

2 Part 1: Equality Impact Assessment Contact the Diversity Unit for assistance if required Purpose The purpose of an Equality Impact Assessment is to work out how a policy will affect people from different groups and communities. This is so that we can ensure as far as possible, our policies are developed in full recognition of the diverse needs, circumstances and concerns of the people who will be affected by them. Equality Groups The equality groups which need to be considered throughout the impact assessment area as follows: Minority and majority ethnic communities Disabled people Women and men, including transsexual people Lesbian, gay, bisexual and heterosexual people People of differing religions and beliefs, including those who have none People of differing age groups Data collection There is a need when carrying out an equality impact assessment to understand what statistical data is available e.g. diversity monitoring data, surveys, statistical databases, consultation results, publications and other resources. What data/statistical information will be used to identify the impact of the function/policy/strategy/procedure? The incidence of disability leave with diversity strand breakdown. What research material or data have you used? As above. What qualitative/quantitative information/research has been considered? As above What gaps in the information/research have been identified? (Note if gaps have been identified consideration should be given to commissioning new research): No gaps identified since disability leave is recorded on personal records within the HR database however it is understood that within this database disability is somewhat under-recorded. Assessment of likely impacts From the information/research has any adverse impact been identified on any of the equality groups listed above? In periods of disability leave have been taken. The vast majority of these (21) were taken by females and all were taken by white British individuals. Nearly half were taken by individuals in the age category, nearly half were in the category and Page 2 of 7

3 a small percentage were aged 51%. Over-representation from females and white British individuals is apparent whilst there is under-representation from younger age groups under 30. Looking at a wider data set of all 35 absences taken since Disability Leave was introduced we see that all individuals were white British, the majority, 74% were female and no individuals were under 30 years of age. Are there any factors that can explain or justify this adverse impact? Some hypotheses can be made to explain this since the prevalence of disability has a tendency to increase with the age of a background population. The facility is available to all officers and staff, however. Are there any positive impacts? Yes, through following this procedure there is opportunity for enhanced morale, work-life balance and improved attendance as well as better engagement with staff who have disabilities. Mitigating adverse impact What actions can you take to mitigate any adverse impact? Ensure that the procedure is widely communicated and that managers are supported in its use. What are the resource implications, if any, for mitigating adverse impact? Negligible as this is ongoing 'business as usual' for the HR department. Describe what consultation has been undertaken? (If none please state why, if yes please state who, how, outcomes and what the process was of feed back to consultees): This procedure has been subject to formal consultation with the relevant Trade Unions. Feedback has been sought from other internal bodies such as the HR Senior Management Team, Police Authority, Police Federation and Superintendents Association. The outcomes are the terms incuded within this procedure which has been published internally since October The procedure has been reviewed in April 2010 and June 2011 and no changes have been made substantial enough to warrant further consultation. Outline any findings/outcomes of this impact assessment. This procedure has the potential to have a positive impact upon our duties and obligations to staff. Is the policy/procedure being monitored? (If no monitoring is taking place, please state what will be implemented): As above, at review. Recommendations from assessment is: Details: Policy maintained in current form (Please justify why especially if there is a possibility of adverse impact) Policy amended (Please summarise the amendments) Policy abandoned (Please state how the implications will be managed). Page 3 of 7

4 Any other comments: Please note that this template will be available as a public document unless otherwise stated. Page 4 of 7

5 Part 2: Human Rights Contact the Diversity Unit for assistance if required Q1. Who will be affected by the policy or procedure? Internal staff. Q2. Will the policy or procedure restrict anyone s Convention rights? These are: Article 2: Right to life A person has the right to have their life protected by law. There are only certain very limited circumstances where it is acceptable for the state to take away someone s life, e.g. if a police officer acts justifiably in self defence. Article 3: Prohibition of torture A person has the absolute right not to be tortured or subjected to treatment or punishment which is inhuman or degrading. Article 4: Prohibition of slavery and forced labour A person has the absolute right not to be treated as a slave or to be required to perform forced or compulsory labour. Article 5: Right to liberty and security A person has the right not to be deprived of their liberty arrested or detained except in limited cases specified in the article (e.g. where they are suspected or convicted of committing a crime) and provided there is a proper legal basis in UK law. Article 6: Right to a fair trial A person has the right to a fair and public hearing within a reasonable period of time. This applies both to criminal charges against them and to cases concerning their civil rights and obligations. Hearings must be carried out by an independent and impartial tribunal established by law. It is possible to exclude the public from the hearing (though not from the judgment) if it is necessary to protect things like national security or public order. If it is a criminal charge, the person is presumed innocent until proven guilty according to law and has certain guaranteed rights to defend themselves. Article 7: No punishment without law A person normally has the right not to be found guilty of an offence arising out of actions which at the time they committed them were not criminal. They are also protected against later increases in the maximum possible sentence for an offence. Apart from the right to hold particular beliefs, the rights in Articles 8 to 11 may be limited where that is necessary to achieve an important objective. The precise objectives for which limitations are permitted are set out in each article, but they include things like protecting public health or safety, preventing crime and protecting the rights of others. Page 5 of 7

6 Article 8: Right to respect for private and family life A person has the right to respect for their private and family life, their home and their correspondence. This right can be restricted only in specified circumstances. Article 9: Freedom of thought, conscience and religion A person is free to hold a broad range of views, beliefs and thoughts, and to follow a religious faith. The right to manifest those beliefs may be limited only in specified circumstances. Article 10: Freedom of expression A person has the right to hold opinions and express their views on their own or in a group. This applies even if those views are unpopular or disturbing. This right can be restricted only in specified circumstances. Article 11: Freedom of assembly and association A person has the right to assemble with other people in a peaceful way. They also have the right to associate with other people, which includes the right to form a trade union. These rights may be restricted only in specified circumstances. Article 12: Right to marry Men and women have the right to marry and start a family. National law will still govern how and at what age this can take place. (Article 13 is not included in the Human Rights Act.) Article 14: Prohibition of discrimination In the application of the Convention rights, a person has the right not to be treated differently because of their race, Q2 Will anyone s Convention Rights be restricted by the policy/procedure? Yes No If the answer to Q2 was Yes proceed to Q3. If the answer to Q2 was No, this is the end of the compliance; please proceed to Part 3 Risk Assessment. Although be aware of any possibility that your policy or procedure may restrict someone s Convention rights, this includes the absolute, limited and adjoined rights enshrined within the Human Rights Act Things may change and you may need to reassess. Q3. What Convention rights are restricted? Are they absolute rights or limited rights? Q4. What is the legal basis for the restriction? Q5. What is the legitimate aim for the restriction? Page 6 of 7

7 Q6. Are the actions that restrict the right proportionate? Is there some other way that the legitimate aim could be pursued, without restricting someone s human rights? Q7. Are the actions that restrict the right fair, non-discriminatory and least intrusive? What are the equality implications for restricting the right? Q8. Does the policy or procedure specify that a record of any decisions that affect someone s rights are documented? Q9. Has legal advice been sought on the policy or procedure? Yes No Page 7 of 7