Rachel Pressley, Senior HR Policy and Compliance Officer Holly Vies, CSP

Transcription

1 Section A: Assessment Name of Policy Person/persons conducting this assessment with Contact Details Fixed Term Contract Policy Rachel Pressley, Senior HR Policy and Compliance Officer Holly Vies, CSP Date 16 April The Policy Is this a new or existing policy? Previous guidelines existed, but this is the first Policy relating to Fixed Term Contracts What is the purpose of the policy? The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into effect on 1 st October 2002 to ensure consistent and fair treatment of staff on fixed term contacts and to ensure they are not treated less favourably than members of staff who are permanently employed. When a fixed term contract comes to an end the statutory dismissal procedures set out in the Employment Act 2002 must be followed. This included fixed term contracts which are not renewed, are terminated at the end of a specific piece of work, or are terminated early This purpose of this Policy is to ensure compliance with the legislation governing the employment of people on fixed term contracts, specifically the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the Employment Act 2002 statutory dismissal procedures. Cardiff and Vale University Health Board Page 1 of 21 EQIA

2 In addition, the implementation of this Policy will ensure that individuals employed on fixed-term contracts feel valued as employees, have equal access to development opportunities, have a clear understanding of the current and planned future status of their post, and are give the opportunity to apply for a permanent contract if a suitable position arises. This Policy provides a framework on the use of fixed term contracts, including: Clear principles and vales to govern the appropriate use of fixed-term contracts The circumstances in which the use of fixed term contracts may be appropriate A process for dealing with fixed term contracts which is fair and equitable, and has both the interests of the employee and the effective operation of the service as its goals. Ensuring that managers are aware of their responsibilities, especially when a fixed term contract is coming to an end Ensuring that fixed-term employees are not treated less favourably than comparable permanent employees, and are employed on the same terms and conditions of employment as comparable permanent staff (unless this can be objectively justified). How do the aims of the policy fit in with corporate priorities? i.e. Corporate Plan This Policy ensures compliance with the legislation governing the employment of people on fixed term contracts, specifically the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the Employment Act 2002 statutory dismissal procedures. There are links between this policy and the following: Recruitment and Selection Policy Secondment Policy Redeployment Policy Organisational Change Policy Who will benefit from the policy? This Policy applies to all members of staff who are employed on fixed term contracts apart from the following exceptions: Agency and bank workers i.e. those who have an employment contract or relationship with a temporary work agency, but are Cardiff and Vale University Health Board Page 2 of 21 EQIA

3 placed with, and do their work for a third party; Apprentices or students on work experience placements (as part of a higher education course) of one year or less; Fixed term employees on training, work experience or temporary work schemes, specifically designed to provide them with training/experience to help them find work where the schemes are wholly or partly funded by an institution of the European Communities, or provided under arrangements made by the Government; Existing NHS staff who act up, or who are seconded into another post; such staff retain their status as permanent employees. What outcomes are wanted from this policy? Compliance with legislation Fair and equitable treatment of staff Appropriate use of resources / types of contracts Understanding of the processes to be followed especially in relation to termination and redundancy Are there any factors that might prevent outcomes being achieved? (e.g. Training/practice/culture/human or financial resources) Lack of communication of this policy Lack of understanding about this policy and the responsibilities set out in it Lack of consistency in how the policy is implemented/applied 2. Data Collection What qualitative data do you have about the policy relating to equalities groups (e.g. monitoring data on proportions of service users compared to proportions in the population)? What quantitative data do you have on the different groups (e.g. findings from discussion groups, information from comparator authorities)? Cardiff and Vale University Health Board Page 3 of 21 EQIA

4 Please indicate the source of the data gathered? (e.g. Concerns/Service/Department/Team/Other) What gaps in data have you identified? (Please put actions to address this in your action plan?) The policy EQIAs from other organisations accessed include those of: Ealing Hospital NHS Trust (found here), Dorset County Council, Anglia Ruskin University, Shrewsbury and Telford Hospital NHS Trust, North East London NHS Foundation Trust, Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust UHB staffing data was generated from the Electronic Staff Record in March Impact Please answer the following Consider the information gathered in section 2 above of this assessment form, comparing monitoring information with census data as appropriate (see Office National Statistics website) and considering any other earlier research or consultation. You should also look at the guidance in Appendix 1 with regard to the protected characteristics stating the impact and giving the key reasons for your decision. Do you think that the policy impacts on people because of their age? (This includes children and young people up to 18 and older people) Yes the policy has a positive impact in that it prevents discrimination on the basis of age (ie the same process is followed for all fixed term staff regardless of their age) Equal Opportunity Monitoring Information, including age, is obtained from all applicants via NHS Jobs and held by NWSSP but is withheld from the short listing panel and therefore does not impact on the short listing process. All fixed term appointments must follow the Recruitment and Selection Policy. The Policy states that emphasis should be placed on quality rather than length of experience. All adverts include the we re supporting age positive logo, which indicates that the UHB is committed to ensuring we do not discriminate against job seekers on the grounds of age. Cardiff and Vale University Health Board Page 4 of 21 EQIA

5 Headcount The age profile for Cardiff and Vale UHB staff is show in the table below: 2500 Cardiff and Vale uhb Age Profile 31 March Under Over 70 A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Ealing Hospital NHS Trust found that there were no concerns that their Fixed Term Contract Policy could have an impact with regard to equality legislation, that had not been addressed, specifically in relation to age Dorset County Council suggested that there was a potential negative impact on the basis that managers may be disinclined to want to recruit older workers with previous service on a fixed term basis as any redundancy payment would be greater. This could have a negative impact on the organisation because there would be fewer employees with experience and know how which could have an adverse impact on service delivery Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to age on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy had no positive or negative impact because it does not discriminate on the basis of age Cardiff and Vale University Health Board Page 5 of 21 EQIA

6 North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of age Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of age Do you think that the policy impacts on people because of their caring responsibilities? Yes the policy has a positive impact in that it prevents discrimination on the basis of caring responsibilities (i.e. the same process is followed for all fixed term staff regardless of their caring responsibilities). Fixed Term Employees have a right to request a written statement if they believe they are being treated less favourably than a permanent employee e.g. if they believe that a flexible working application has been turned down because they are on a fixed term contract (n.b. all staff have to be employed for 12 months before they can make a flexible working application). All adverts (for permanent and fixed term posts) state that the UHB is committed to flexible working and equal opportunities. The percentage of UHB male and female employees who work part time is shown in the diagram below: Cardiff and Vale University Health Board Page 6 of 21 EQIA

7 Female Part Time, 37.46% Male, 3.76% Male, 20.47% Female Full Time, 38.30% None of EQIAs from other organisations accessed referred to any impact due to caring responsibilities Do you think that the policy impacts on people because of their disability? (This includes Visual impairment, hearing impairment, physically disabled, Learning disability, some mental health issues, HIV positive, multiple sclerosis, cancer, diabetes and epilepsy). Yes the policy has a positive impact in that it prevents discrimination on the basis of disability All fixed term appointments must follow the Recruitment and Selection Policy: Equal Opportunity Monitoring Information, including information about disabilities, is obtained from all applicants via NHS Jobs and held by NWSSP but is withheld from the short listing panel and therefore does not impact on the short listing process. The UHB has been awarded the Positive about Disability (two ticks) symbol and is committed to interviewing all disabled applicants who meet the minimum criteria for a job vacancy and to consider them on their abilities. Therefore, if an applicant who identifies themselves as disabled on NHS Jobs meets the minimum essential criteria for the post, they must be offered an Cardiff and Vale University Health Board Page 7 of 21 EQIA

8 interview. The Policy reminds managers that each job should have a written job description, person specification and KSF outline. These should be reviewed every time a vacancy occurs to ensure that they remain relevant and are flexible, including making reasonable adjustments should people with disabilities apply. Pre-employment questions, including asking about sickness absence are only asked after a job offer has been made. All adverts include the Mindful Employer symbol which indicates the UHB is committed to increasing awareness of mental health at work, and offering a positive approach in the retention and recruitment of staff living with mental health issues. Workforce profile information for Cardiff and Vale UHB shows that 0.75% of staff considers themselves to have a disability, but this information is not known for the majority of staff (76.23%) Disabled Headcount % Total No % Not Declared % Undefined % Yes % Grand Total A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Ealing Hospital NHS Trust found that there were no concerns that their Fixed Term Contract Policy could have an impact with regard to equality legislation, that had not been addressed, specifically in relation to disability Dorset County Council did not identify any direct discrimination in relation to disability Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to disability on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy had no positive or negative impact because it does not discriminate on the basis of disability North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not Cardiff and Vale University Health Board Page 8 of 21 EQIA

9 affect one group less or more favourably than another on the basis of disability Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of disability Do you think that the policy impacts on people because of Gender reassignment? (This includes Trans transgender and transvestites) Yes the policy has a positive impact in that it prevents discrimination on the basis of gender reassignment A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to gender reassignment on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy possible low negative impact because of the disclosure of personal information to new employer North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of gender reassignment Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of gender reassignment Do you think that the policy impacts on people because of their being married or in a civil partnership? Yes the policy has a positive impact in that it prevents discrimination on the basis of their being married or in a civil partnership. The 2011 Census data shows that the overall UHB population proportions for marriage and civil partnership closely mirrors the population proportions for Wales as a whole (see Table 1 below). Cardiff and Vale UHB has a significantly higher proportion of people categorised as single (never married or never registered in a same-sex civil partnership) than the proportion for Wales as a whole (41.2% compared to 33.5%). This is due to the high numbers of residents in Cardiff within this category, compared to other local authorities. It is notable that the number of registered same-sex civil partnerships accounts for only 0.2% of all marital/civil partnerships Cardiff and Vale University Health Board Page 9 of 21 EQIA

10 statuses across Wales, and this pattern is repeated in the UHB population. The Cardiff and Vale UHB area has a large variation from the Wales population proportions, especially in the categories of single (never married or never registered a same-sex civil partnership and married). For all other categories, the UHB mirrors the values for Wales as a whole. If we look at the married category for Cardiff and the Vale UHB has a lower proportion (38.5%) of its population categorised as married than the overall Wales proportion (46.6%). Table 1: Marital and civil partnership status by local authorities in Wales (Source: Table KS103EW 2011 Census, ONS). Region Single (never married or never registered a samesex civil partnershi p) Married In a registered same-sex civil partnershi p Separated (but still legally married or still legally in a samesex civil partnershi p) Divorced or formerly in a samesex civil partnershi p which is now legally dissolved Widowed or surviving partner from a same-sex civil partnershi p Total (%) Cardiff and Vale UHB 41.2% 41.3% 0.2% 2.2% 8.7% 6.4% 100.0% 385,619 Vale of Glamorgan 30.8% 49.1% 0.2% 2.3% 10.0% 7.6% 100.0% 102,504 Cardiff 45.0% 38.5% 0.2% 2.1% 8.2% 6.0% 100.0% 283,115 Wales 33.5% 46.6% 0.2% 2.2% 9.7% 7.9% 100.0% 2,507,160 North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of their being married or in a civil partnership Total Do you think that the policy impacts on people because of them bbeing pregnant or just having had a baby? Cardiff and Vale University Health Board Page 10 of 21 EQIA

11 Yes this policy has a positive impact on staffs that are pregnant or have just had a baby. The policy states that in certain circumstances it may not be appropriate to terminate a fixed term contract at its end date, for example if an employee is pregnant or on maternity or adoption leave. In these circumstances managers are advised to refer to the Maternity, Adoption and Paternity Guidance Notes and contact Human Resources for further guidance Guidance on the TUC website states that fixed term employees have the same rights as permanent staff to protection from discrimination if they are pregnant or taking maternity leave. Employers will be acting unlawfully if they refuse to employ staff who are pregnant or taking maternity leave, refuse to renew their fixed term contracts, or if they dismiss them because of pregnancy or maternity leave absence. However, an employer can decide not to renew a fixed term contract during an employee's maternity leave if there is genuinely no other work for you. AFC terms and conditions state that employee subject to fixed-term contracts which expire after the 11 th week before the expected week of childbirth shall have their contracts extended to allow them to receive 52 weeks maternity leave (this includes paid and unpaid maternity leave). North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of being pregnant Do you think that the policy impacts on people because of their race? (This includes colour, nationality and citizenship or ethnic or national origin such as Gypsy and Traveller Communities.) Yes the policy is intended to prevent any discrimination due to race, however, it is known that members of Black and other Minority Ethnic (BME) communities are more likely to be unemployed (See Equality and Human Rights Commission Research Report 47) and find it harder to gain employment. Currently 79% the UHB workforce is white (this can be compared to the UK 2011 Census data, 86% of the population in England and Wales are classified as white) but the termination of a fixed term contract is likely to have a greater impact on member of BME groups. (See Equality and Human Rights Commission Research Report 47). Cardiff and Vale University Health Board Page 11 of 21 EQIA

12 The profile for Cardiff and Vale UHB staff is show in the table below White, 79.01% Asian or Asian British, 5.86% Undefined or Not Stated, 11.92% Black or Black Chinese or Any Oth Other Mixed, Specified, British, 0.90% Ethnic 1.19% Group, % A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Ealing Hospital NHS Trust found that there were no concerns that their Fixed Term Contract Policy could have an impact with regard to equality legislation, that had not been addressed, specifically in relation to race Dorset County Council did not identify any direct discrimination in relation to race Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to race (i.e. BME communities) on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy had no positive or negative impact because it does not discriminate on the basis of race Cardiff and Vale University Health Board Page 12 of 21 EQIA

13 North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of race Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of race Do you think that the policy impacts on people because of their religion, belief or non-belief? (Religious groups cover a wide range of groupings the most of which are Buddhist, Christians, Hindus, Jews, Muslims, and Sikhs. Consider these categories individually and collectively when considering impacts) Yes the policy is intended to prevent any discrimination due to religion or belief. The profile of UHB staff on the basis religion, belief and non-belief (where known) is below: % Religious Belief Headcount Total Atheism % Buddhism % Christianity % Hinduism % I do not wish to disclose my religion/belief % Islam % Jainism % Judaism % Other % Sikhism % Undefined % Grand Total A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Ealing Hospital NHS Trust found that there were no concerns that their Fixed Term Contract Policy could have an impact with regard to equality legislation, that had not been addressed, specifically in relation to religion/belief Cardiff and Vale University Health Board Page 13 of 21 EQIA

14 Dorset County Council did not identify any direct discrimination in relation to religion/belief Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to faith or belief groups on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy had no positive or negative impact because it does not discriminate on the basis of faith groups North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of religion, belief or culture Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of religion and belief Do you think that the policy impacts on men and woman in different ways? No the policy should be applied consistently for men and women. However, while the majority of the UHB workforce is female, there are areas within the UHB where the workforce is predominately male (e.g. Estates). Therefore the use of Fixed Term Contracts in different areas could have a different impact The UHB workforce profile is as below: Gender Headcount % Headcount WTE % WTE Female % % Male % % Grand Total A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Ealing Hospital NHS Trust found that there were no concerns that their Fixed Term Contract Policy could have an impact with regard to equality legislation, that had not been addressed, specifically in relation to gender Dorset County Council found there was a potentially positive impact because the ethos of the protocol discourages the use of Cardiff and Vale University Health Board Page 14 of 21 EQIA

15 FTC and potentially more female employees who may have had breaks for childcare may be provided with the opportunity of being offered permanent employment status Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to gender on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy had no positive or negative impact because it does not discriminate on the basis of gender North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of gender Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of gender Do you think that the policy impacts on people because of their sexual orientation? (This includes Gay men, heterosexuals, lesbians and bisexuals) Yes the policy is intended to prevent any discrimination due to The profile of UHB staff on the basis of sexual orientation (where known) is below: % Sexual Orientation Headcount Total Bisexual % Gay % Heterosexual % I do not wish to disclose my sexual orientation % Lesbian % Undefined % Grand Total A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Cardiff and Vale University Health Board Page 15 of 21 EQIA

16 Ealing Hospital NHS Trust found that there were no concerns that their Fixed Term Contract Policy could have an impact with regard to equality legislation, that had not been addressed, specifically in relation to gender Dorset County Council did not identify any direct discrimination in relation to sexual orientation Anglia Ruskin University found that their Fixed Term Employment Procedures had a neutral impact with regard to sexual orientation on the basis that it applied equally to all staff Shrewsbury and Telford Hospital NHS Trust found that their Fixed Term Contract and Temporary Workers Policy had no positive or negative impact because it does not discriminate on the basis of sexual orientation North East London NHS Foundation Trust found that their Policy on Secondments, Acting Up and Fixed Term Contracts did not affect one group less or more favourably than another on the basis of sexual orientation Rotherham, Doncaster and South Humber Mental Health NHS Foundation Trust found that their Policy and Procedure for the Termination of a Fixed Term Contract could not be perceived as discriminating or affecting against any particular population group differently on the basis of sexual orientation Do you think that the policy impacts on people because of their Welsh language? No the policy will not impact people because of their Welsh Language Skills Cardiff and Vale University Health Board Page 16 of 21 EQIA

17 4. Summary. Which equality groups have positive or negative impacts been identified for (i.e. differential impact). Is the policy directly or indirectly discriminatory under the equalities legislation? If the policy is indirectly discriminatory can it be justified under the relevant legislation? A thorough analysis of the implications and impact of the Fixed Term Contract Policy has been undertaken and a number of Equality Impact Assessments have been examined from other large public sector organisations. It is recognised that all of the information has been obtained from English organisations but this is due to the paucity of documentation found on the internet from Welsh Public/Private Sector bodies. In respect of the impact on individual employees because of pregnancy or having had a baby, the policy states that in certain circumstances it may not be appropriate to terminate a fixed term contract at its end date, for example if an employee is pregnant or on maternity or adoption leave. In these circumstances managers are advised to refer to the Maternity, Adoption and Paternity Guidance Notes and contact Human Resources for further guidance. This is on the basis that AFC terms and conditions state that employee subject to fixed-term contracts which expire after the 11 th week before the expected week of childbirth shall have their contracts extended to allow them to receive 52 weeks maternity leave (this includes paid and unpaid maternity leave). While these provisions also apply to female and male staff on adoption and additional paternity leave, this affects a relatively small number of staff compared with those on maternity leave. As such, these provisions provide added safeguards for women and could be seen as providing a positive impact for female employees. The policy is intended to prevent any discrimination due to race, however, it is known that members of Black and other Minority Ethnic (BME) communities are more likely to be unemployed (See Equality and Human Rights Commission Research Report 47) and find it harder to gain employment. Currently 79% the UHB workforce is white (this can be compared to the UK 2011 Census data, 86% of the population in England and Wales are classified as white) but the termination of a fixed term contract is likely to have a greater impact on members of BME groups. Cardiff and Vale University Health Board Page 17 of 21 EQIA

18 The Fixed Term Contract Policy is also designed and intended to prevent discrimination in relation to the following: the fact that an individual has caring responsibilities; the fact of them being married or in a civil partnership; due to their age due to any disability due to gender reassignment; due to their religion, belief or non-belief; due to their sexual orientation Cardiff and Vale University Health Board Page 18 of 21 EQIA

19 Section B: Action 5. Please complete your action plan below. Issues you are likely to need to address include What consultation needs to take place with equality groups (bearing in mind any relevant consultation already done and any planned corporate consultation activities?) What monitoring/evaluation will be required to further assess the impact of any changes on equality target groups? Equalities Impact Assessment Implementation Mitigation/Action Plan Issue to be addressed Responsible Officer Action Required Timescale for completion Action Taken Comments Understanding and compliance with the requirements of the policy Rachel Pressley Briefing sheet to raise awareness of the policy and point managers in the right direction for further support On approval of the Policy Issued via intranet, administrator , Clinical Boards/Corporate areas management teams and lead trade union representatives Cardiff and Vale University Health Board Page 19 of 21 EQIA

20 6. Report, publication and Review Please record details of the report or file note which records the outcome of the EQIA together with any actions / recommendations being pursued (date, type of report etc) Please record details of where and when EQIA results will be published Once the criteria have been approved the documentation will be placed on the intranet and internet. Please record below when the EQIA will be subject to review. The EQIA and Policy will be reviewed three years after approval unless changes to terms and conditions, legislation or best practice determine that an earlier review is required Name of person completing Rachel Pressley, Holly Vyse Signed Rachel Pressley, Holly Vyse Date 16 April 2014 Name of Responsible Tracy Myhill Executive/Clinical Board Director Authorising Assessment and Action Plan for publication Signed Date Cardiff and Vale University Health Board Page 20 of 21 EQIA

21 Executive Summary Background The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into effect on 1 st October 2002 to ensure consistent and fair treatment of staff on fixed term contacts and to ensure they are not treated less favourably than members of staff who are permanently employed. When a fixed term contract comes to an end the statutory dismissal procedures set out in the Employment Act 2002 must be followed. This included fixed term contracts which are not renewed, are terminated at the end of a specific piece of work, or are terminated early This purpose of this Policy is to ensure compliance with the legislation governing the employment of people on fixed term contracts, specifically the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the Employment Act 2002 statutory dismissal procedures. The scope of the EQIA A number of EQIAs relating to Fixed Term Contract Policies from other NHS and public sector organisations were accessed when completing the EQIA. Key findings The policy states that employees who are pregnant or on maternity leave may be treated differently in line with legislation and AFC terms and conditions. These provisions also apply to female and male staff on adoption and additional paternity leave but this affects a relatively small number of staff compared with those on maternity leave. As such, these provisions provide added safeguards for women and could be seen as providing a positive impact for female employees. The policy is intended to prevent any discrimination due to race, however, it is known that members of BMEcommunities are more likely to be unemployed and find it harder to gain employment, which could be a disproportionate effect. The Fixed Term Contract Policy is also designed and intended to prevent discrimination on the basis of the other protected characteristics. Recommendations Following a thorough analysis of the implications and impact of the policy, the following is recommended: additional guidance / communication to be developed to ensure that managers are aware of the requirements of the legislation and the processes to be followed Cardiff and Vale University Health Board Page 21 of 21 EQIA