Policies & Procedures

Equality, Diversity and Human Rights Policy & Procedure V2.0

This policy sets out how VCare Consultancy Services Limited promotes equality, diversity, inclusion and human rights in employment and in the delivery of services. It is written to align with the Equality Act 2010 and to support fair, respectful and person-centred care.

1. Purpose

The purpose of this policy is to ensure that VCare:

• understands and complies with its duties under the Equality Act 2010 and the Human Rights Act 1998;
• is an equal opportunities employer and does not unlawfully discriminate in recruitment, employment, development or retention;
• delivers services in a way that respects dignity, choice, independence and cultural, religious, communication and accessibility needs; and
• assesses, tailors and reviews support so that people with different protected characteristics can access services safely and fairly.

2. Scope

This policy applies to all employees, directors, agency staff, temporary workers, contractors, volunteers and anyone acting on behalf of VCare Consultancy Services Limited. It also applies to how VCare interacts with service users, relatives, representatives, visitors, commissioners, partner agencies and members of the public.

3. Legal and regulatory framework

VCare will work in line with the following legislation and guidance, as applicable to the services delivered:

• Equality Act 2010.
• Human Rights Act 1998.
• Care Act 2014.
• Mental Capacity Act 2005.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and CQC Fundamental Standards.
• Data Protection Act 2018 and UK GDPR.
• NHS Accessible Information Standard, where applicable.

4. Understanding our duties under the Equality Act 2010

VCare recognises that the Equality Act 2010 protects people from unlawful discrimination because of protected characteristics. The protected characteristics are:

• age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

As an employer and service provider, VCare’s duties include:

• not directly discriminating, indirectly discriminating, harassing or victimising any person unlawfully;
• making reasonable adjustments for disabled applicants, employees and service users;
• treating people fairly and consistently while recognising that different people may need different adjustments or support;
• considering equality, dignity, choice and human rights when planning and delivering care; and
• acting promptly when concerns, complaints or incidents involving discrimination, exclusion or unfair treatment are identified.

5. Policy statement

VCare is committed to creating a culture in which equality, diversity and inclusion are actively promoted and unlawful discrimination is not tolerated. We recognise that every person has individual circumstances, preferences, communication needs, beliefs and protected characteristics, and we will respect those differences in both employment and service delivery.

VCare will promote human rights principles in practice, including dignity, privacy, respect, autonomy, family life, participation in decision-making and the least restrictive approach to care and support.

6. Equal opportunities in employment

VCare is an equal opportunities employer. Employment decisions will be based on merit, suitability, competence and lawful service requirements, and not on irrelevant personal characteristics.

• Recruitment advertising, shortlisting, interviewing and appointment decisions will be fair, transparent and objective.
• Applicants and employees will not be treated less favourably because of a protected characteristic.
• Reasonable adjustments will be considered for disabled applicants and employees throughout recruitment and employment.
• Employees will have equal access to induction, supervision, learning, development and progression opportunities.
• Flexible working, religious observance, pregnancy, maternity and other individual needs will be considered reasonably and lawfully.
• Bullying, harassment, discriminatory language, exclusionary behaviour and victimisation will not be tolerated and may lead to disciplinary action.

7. Individually tailored and reviewed services

VCare will ensure that services are individually tailored, care planned and reviewed to meet the needs of people with different protected characteristics and communication needs. This includes, where relevant:

• recording the person’s preferred name, identity, pronouns and how they wish to be addressed;
• respecting cultural, racial, linguistic and religious needs, including food choices, dress, prayer, festivals and gender preferences where these can lawfully and safely be met;
• identifying disability-related needs and making reasonable adjustments to communication, access, timing, visit arrangements or the way information is provided;

considering needs related to age, sensory loss, learning disability, neurodiversity, mental health, sexuality, pregnancy, maternity and family relationships;

• supporting service users to express views and make decisions, including use of interpreters, advocates, family involvement or accessible formats where appropriate; and
• reviewing care plans regularly and whenever needs, risks or preferences change.

Tailoring and review will be evidenced through assessment, care planning, risk assessment, review records, supervision, complaints learning and communication with the individual and, where appropriate, their relatives or representatives.

8. Reasonable adjustments and accessible information

VCare will make reasonable adjustments to remove or reduce barriers experienced by disabled people. Adjustments may include:

• longer visits or assessment appointments where needed;
• face-to-face assessment instead of remote assessment where this is more appropriate;
• flexible appointment times or visit times;
• information in plain English, large print, easy-read, translated or other accessible formats where practicable;
• use of interpreters, communication aids or support from a suitable representative where appropriate; and
• adjustments to communication methods, including visual, hearing or cognitive support needs.

Where the Accessible Information Standard applies, VCare will identify, record, flag, share and act on information and communication needs so that individuals can receive information they can access and understand.

9. Prohibited conduct

VCare prohibits all forms of unlawful discrimination and unfair treatment, including:

• direct discrimination;
• indirect discrimination;
• discrimination arising from disability;
• failure to make reasonable adjustments;
• harassment;
• victimisation; and
• retaliation against any person who raises a concern in good faith.

10. Responsibilities

Registered Manager / Directors

• Ensure this policy is implemented, reviewed and communicated.
• Promote fair employment and service delivery practices.
• Take action on complaints, incidents, audit findings or learning needs.
• Ensure recruitment, induction, supervision and training reflect this policy.

All staff

• Treat colleagues, service users and others with dignity and respect.
• Work in line with this policy and raise concerns promptly.
• Record relevant equality, communication and preference information accurately.
• Support tailored care and challenge discriminatory behaviour appropriately.

11. Raising concerns, complaints and incidents

Any allegation, complaint, concern or incident involving discrimination, harassment, exclusion or failure to meet individual needs will be taken seriously. Concerns may be raised through management, the complaints process, grievance process, whistleblowing arrangements or safeguarding routes where relevant. All matters will be handled sensitively, investigated proportionately and acted upon without delay.

12. Training, monitoring and review

• All staff will receive equality, diversity, inclusion and human rights awareness as part of induction and refresher training thereafter.
• Managers will monitor practice through supervision, spot checks, care plan reviews, complaints analysis and incident review.
• Recruitment and workforce decisions will be reviewed to identify any patterns of unfairness or barriers.
• This policy will be reviewed at least annually, or sooner if there is a change in legislation, guidance, contracts or service model.

13. Related policies and procedures

• Safeguarding Adults Policy and Procedure.
• Mental Capacity Act Policy and Procedure.
• Care Planning and Risk Assessment Procedure.
• Complaints Policy and Procedure.
• Bullying and Harassment Policy and Procedure.
• Grievance Policy and Procedure.
• Disciplinary Policy and Procedure.
• Recruitment Policy and Procedure.
• Consent Policy and Procedure.
• Confidentiality and Data Protection Policy and Procedure.

14. Equality review checklist for service delivery

The following checklist should be considered during assessment, care planning and review.