Equality diversity and inclusion policy

Introduction

Each Independent Monitoring Board (IMB) is subject to the public sector equality duty (PSED). The PSED can be found in sections 149 to 157 of the Equality Act 2010 (the Act). It requires that each IMB has due regard to the need to:  

• seek to eliminate unlawful discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act 
• advance equality of opportunity between persons who share a relevant protected characteristic and those who do not
• foster good relations between persons who share a relevant protected characteristic and those who do not.

All IMB members are public appointees and are required to adhere to the compact between them and their Board and the IMB’s code of conduct which prohibits members from discriminating against those with protected characteristics as set out in the Act.  

This policy has been developed to support Boards and members’ understanding and to promote best practice in preventing discrimination and promoting diversity, inclusion and equality of opportunity. It has been agreed by the National Board.

1. Our commitment

The National Board is committed to promoting equal opportunities for all IMB members and creating a culture in which diversity and inclusion is valued and everyone is treated with dignity and respect. As required by law and as part of our zero tolerance approach to discrimination in any form, we expect IMB members to receive equal treatment regardless of:

• age
• disability
• gender reassignment
• marital or civil partner status
• pregnancy and maternity
• race (including colour, nationality, ethnic or national origin)
• religion or belief
• sex
• sexual orientation.

These are all protected characteristics under the Act.

2. About this policy

• This policy sets out our approach to diversity, equality and inclusion. The IMB National Board actively promotes a culture across all Boards that values difference and eliminates discrimination. It applies to all aspects of IMB duties and membership, including but not limited to: recruitment, appointments, triennial reviews (three-yearly member reappointment process), elections for Board leaders, Board conduct and behaviours, the complaints process, monitoring activities within establishments, and the termination of appointment process.

• This policy applies to all IMB members.

• The policy will be reviewed regularly and may be amended at any time.

• A copy of this policy will be made available on the IMB website.

3. Diversity and inclusion training

• All new IMB members are required to engage in training related to equality of opportunities. This training is mandatory.

• All members have access to online equality and diversity training to ensure that everyone is aware of and understands the contents of this policy, the PSED and their obligations under the Act.

4. Discrimination

The following forms of discrimination are unlawful:

• Direct discrimination: Treating someone less favourably because of a protected characteristic. Less favourable treatment can be anything that puts someone with a protected characteristic at a disadvantage, compared to someone who does not have a protected characteristic (as defined by the Act). For example, rejecting an application to become an IMB member on the basis of an applicant’s race.

• Indirect discrimination: Applying a provision, criterion or practice to everyone which puts people who share a protected characteristic at a particular disadvantage, and which cannot be objectively justified. For example, making a monitoring rota that requires members to be available during certain hours without flexibility could indirectly discriminate against those with caring and family responsibilities.

• Harassment: In discrimination law (the Act) there are three types of harassment:
  • Harassment related to certain ‘protected characteristics’
  • Sexual harassment
  • Less favourable treatment because of harassment

Harassment includes sexual harassment and other unwanted conduct related to a protected characteristic which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A one-off incident can amount to harassment even in the case where a person is not the intended target but overhears or views material intended for another. Banter, mockery and mimicry related to any protected characteristic are all capable of constituting harassment. Intention is often irrelevant where an individual claims that the unwanted conduct has violated their dignity or created a hostile environment provided that their belief is objectively reasonable.  

• Victimisation: When someone is treated less favourably as a result of being involved with a discrimination or harassment complaint. For example, person A supported person B in respect of discrimination claim. Person A is not selected for a Board leader role on the basis they supported person B. Person A is being victimised.

• Discrimination arising from disability: Treating a disabled person unfavourably because of something arising from their disability, where the treatment cannot be objectively justified. For example, removing certain activities from a member because of their reduced availability due to a disability.

• Failure to make reasonable adjustments: Failing to take reasonable steps to avoid a substantial disadvantage to a disabled person compared with non-disabled people. For example, failing to allow a member with chronic fatigue to have a sufficient break between rota duties.

5. Recruitment and appointment

• Recruitment should be conducted on the basis of merit against objective criteria that do not discriminate. When recruiting, members should have regard to improving the diversity of Boards and provide equality of opportunity in addition to abiding by the government’s Governance Code on Public Appointments. Shortlisting and interviewing should be done by more than one person where possible and panels will generally include a trained independent interviewer. Recruitment procedures will be reviewed regularly.

• Recruitment campaigns should be advertised in such a way to ensure they reach a diverse section of the population. Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying.

• Applicants should not be asked questions which might suggest an intention to discriminate on grounds of a protected characteristic. For example, applicants should not be asked whether they are pregnant or planning to have children.

• Applicants should only be asked about their health or disability before an appointment is made, in the very limited circumstances allowed by law: for example, to check that the applicant could perform an intrinsic part of the IMB role (taking account of any reasonable adjustments), or to see if any adjustments might be needed for the application process, familiarisation tour or interview because of a disability. Appointments to the IMB are initially conditional and subject to security clearance and this is when consultation in relation to any reasonable adjustments to the role should take place.

6. Disabilities

• All members who are disabled, or who may become disabled, are encouraged to share this information with their IMB Chair (or with an IMB staff member) so that support can be offered and any reasonable adjustments can be considered.

7. Breaches of this policy

• Any member who believes that they have suffered harassment, or discrimination, or witnessed it happening to someone else within their Board, can raise the matter with their Chair, use the member complaints process or report to a member of IMB staff. Serious cases of deliberate discrimination and victimisation could result in a referral to the relevant Minister for a decision on termination of appointment.

• There must be no victimisation or retaliation against any member who complains about, or reports, discrimination. Any member who believes they have been victimised for making a complaint or reporting discrimination, or has witnessed this happening to someone else, should alert a member of IMB staff who can advise on next steps.  

• The reporting of all types of potential discrimination is encouraged, as this assists in identifying where principles of diversity, equality and inclusion are not being met so that resources can be best targeted to address this.