NHSScotland employment checks policy: equality impact assessment results

4. Key Findings

The EQIA has highlighted areas with potential impacts on different groups and opportunities for promoting equality.

NHSScotland Employment Checks Policy has a positive impact in eliminating unlawful discrimination, harassment and victimisation across all protected characteristics. This may be particularly evident in respect of age and disability. The Employment Checks Policy:

• applies to all employees and candidates for employment. It provides a fair and consistent approach to essential checks required before and during employment or paid and unpaid placements.
• complies with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010.

NHSScotland Employment Checks Policy has a positive impact in advancing equality of opportunity across all protected characteristics. The Employment Checks Policy:

• sets the standard of essential checks that are applied to all candidates and employees for employment. Whilst the application of employment checks will vary between job roles, the policy ensures a consistent fair approach.
• only asks candidates to complete a pre-employment health after a conditional offer of work or placement has been made.
• is clear that legislation, particularly the Human Rights Act 1998, and Data Protection Act 2018 must be complied with to make sure that employment checks do not:
  • Interfere with the individual’s right to privacy.
  • Process or disclose any information employers may obtain inappropriately or without due cause.
  • Use the information in a discriminatory way.

• is accessible through a purpose built NHSScotland Workforce Policies website.

The website scores high on the System Usability Scale (universal usability scoring system). This may particularly support older staff or staff with certain disabilities, advancing equality of opportunity through accessibility. Insights from user testing have been used to improve the experience for all staff. The following may particularly support older staff or staff with certain disabilities, advancing equality of opportunity through accessibility:

• screen can be zoomed beyond 300%
• used an 18px font size as standard, making the starting size for fonts more readable.
• alternative formats page where users can request content in a format that suits their needs.
• a site map, that can help some people find content more easily.
• supporting documents have an HTML version that makes the content more accessible than they would be in PDF or other file formats.
• links all use meaningful text which can be read and understood out of context by screen reader users.
• headings follow a sematic structure allowing screen reader users to easily scan and understand the content structure.
• colour contrast of all text is compliant to WCAG 2.1 Level AA standards.
• meaningful text alternative created for the visual flowcharts. This is linked to before the visual flowcharts to support screen reader users.
• development of a style guide for policy writing which focuses on improving readability for a range of users. For example, by reducing sentence length, best use of grammar and providing meaningful website links to advance equality of opportunity through accessibility.

The NHSScotland Employment Checks Policy has no negative impact in promoting good relations between people who share a protected characteristic and those who do not. The policy:

• sets the standard of essential checks that are applied to all candidates and employees for employment
• ensures a consistent fair process to be applied with a person-centred approach given that the application of employment checks will vary between job roles
• is accessible by personal phone or laptop that may particularly support employees on maternity or paternity leave thus advancing equality of opportunity through accessibility.

The website was developed through extensive user testing and is compliant to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard. However, in terms of access to the policy, it was identified that some staff may struggle with technology or do not have access or experience of using IT equipment and could be disadvantaged. This may be more likely in older age groups.

The following actions have been taken to minimise any negative impact:

• policies and supporting documents have been created as downloadable documents which can be printed and shared in hard copy.
• upon initiating a workforce policy, managers are required to formally write to the employee informing them of this. Within this, managers are asked to include a hard copy of the policy, flowchart and any other relevant supporting documents.
• downloadable copies of the policy and supporting documents include a references section. This details in full any hyperlinks contained within the document to support those accessing hard copies and provide signposting.

Scottish Government will continue to monitor and review this EQIA to ensure ongoing assessment of potential impacts on people with protected characteristics.