Absence Management Equality Impact Assessment

Initial Equality Impact Assessment

At Colchester city Council we have a corporate approach to equality and diversity that reinforces the importance of providing equal opportunities to potential and existing employees. Through the employment of committed and motivated people, we can deliver excellent customer services and improve the reputation of the Council as an employer of choice.

Name of policies to be assessed

This Equality Impact Assessment (EqIA) reviews a range of Human Resources policies categorised under the heading Absence Management, including sickness absence, menopause and ill-health capability.

In this assessment, ‘Policy’ is meant broadly to mean policy, strategy, service, function, activity or decision.

Employees can access the A-Z of HR Policies on the Council’s intranet.

Potential candidates can find out more about making an application and employee benefits on our Jobs pages.

1. What is the main purpose of the policies?

The main purpose of the policies is to:

• improve attendance and reduce sickness
• inform managers and staff on the procedures to be followed in managing sickness absence and ill-health capability
• provide employees with clarity of the specific terms and conditions that apply to their employment
• promote and encourage equality of opportunity so that our employees reflect the community we serve
• ensure that the Council has fair, consistent and effective processes for its absence and ill-health management policies.
• avoid all forms of discrimination and specifically in relation to the protected characteristics detailed in the Equality Act
• be compliant with employment law

2. What main areas or activities does the policies cover?

Procedures around managing absence and the measures to be taken to improve attendance

Considerations that need to be made around protected characteristics, such as age and sex; disability; pregnancy and maternity.

3. Are there changes to an existing policy being considered in this assessment?

There are no changes to an existing policy being considered in this assessment.

4. Who are the main audience, users or customers who will be affected by the policy?

The main groups who will be affected by the policy are:

• Staff
• Managers
• Trade Unions and staff representatives
• Employment tribunals

5. What outcomes does the Council want to achieve from the policy?

The outcomes that the policy should achieve are:

• For employees to understand how the Council will manage either frequent short term or long term sickness
• A consistent approach to absence management and ill-health capability across the Council
• Valued employees who contribute to improving the overall performance of the Council are retained
• A diverse workforce that reflects the community that it serves
• Transparency, equality and fairness
• Compliance with legislation

6. Are other service areas or partner agencies involved in delivery?

We liaise with the relevant health professionals, employee GPs and our own occupational health service as appropriate.

7. Relevant information, data, surveys or consultations

The following relevant information, data, surveys or consultations¹ help us assess the likely or actual impact of the policy upon customers or staff.

• Each year we collect, analyse and publish workforce statistics data using the Equality Act’s ‘protected characteristics’ as evidence of how our policies and practices impact their intended audience. This helps us to monitor how closely our workforce and job applicants represent the needs of the local community and to ensure the fairness of our employment policies and practices
• Feedback from consultation with staff groups (Unison, the Council’s Diversity Steering Group)
• HR/legal updates from case law or best practice guidance
• Appeals and grievance outcomes
• Greater levels of flexible working in light of the Covid-19 pandemic, and responding to changing legislation, best practice guidance and staff surveys.

8. The ‘general duty’

The ‘general duty’ states that we must have “due regard” to the need to:

1. eliminate unlawful discrimination, harassment and victimisation
2. advance equality of opportunity between people who share a ‘protected characteristic²’ and those who do not³
3. foster good relations between people who share a protected characteristic and those who do not⁴

Not all policies help us to meet the ‘general duty’, but most do.

This policy helps us to meet the ‘general duty’ by:

• setting out the Council’s policies and procedures to managers and staff which ensure we do not discriminate against staff with protected characteristics
• having a corporate approach to equality and diversity in our HR policies, procedures and practices 
• providing clear, consistent and transparent information for employees, managers, the public and interested parties.

9. Disproportionate impacts

This section helps us to identify any disproportionate impacts. We will indicate whether the policy is likely to particularly benefit or disadvantage any of the 'protected characteristics'.

The following applies to all protected characteristic groups:

The absence management policies set out the principles and procedures by which the Council applies a consistent approach to sickness absence and ill-health capability. Decision making is designed to both minimise the potential to discriminate and also to promote equality of opportunity. Staff are not therefore treated differently as a result of their protected characteristic, and we publish data on our workforce across protected characteristics.

We set out the potential benefits or disadvantages for particular protected characteristics.

Age - older people (60+) and younger people (17-25)

Positive impact

The Council believes that there are distinct benefits to having a diverse workforce, both in terms of the culture of the organisation and to the delivery of excellent customer service. We encourage our applicants and employees to share this ethos.

Everyone is equally required to demonstrate the relevant skills and experience they have to improve the performance of the Council. The policies and data collection also ensure that our people are treated fairly, consistently and are not discriminated against in any way.

Age - those who are typically in the age group 45-55

Positive impact

The absence management policy ensures greater consistency and fairness for all employees, including those who fall under the protected characteristics. The Council also has specific maternity-related policies and other family-friendly practices.

Negative impact

The most typical age range for menopause in women is 45 to 55. It is possible that this age range could be disproportionately disadvantaged by the policy due to related short-term illness.

This possible negative impact has also been identified under ‘women’ below and discussed further in question 10.

Disability – physical, sensory, learning, mental health issues, other

Positive impact

Positive impacts are the same as those for the age characteristics. Additionally, we ensure opportunities are accessible for all and make reasonable adjustments where this is appropriate and practicable. We actively promote the Disability Confident scheme. Online information has accessibility options including Browsealoud so that it can be read aloud to you for free on all devices. The Council is a Dying to Work employer.

Negative impact

It is possible that this group could be disproportionately disadvantaged by this policy. See question 10.

Ethnicity - White; Mixed or Multiple ethnic groups; Asian or Asian British; Black, Black British, Caribbean or African; Other ethnic group

Positive impact

Positive impacts are the same as those for the age characteristics.

Language – English not as a first language

Positive impact

Positive impacts are the same as those for the age characteristics. Additionally, online information has translation options.

Pregnancy and maternity - Women who are pregnant or have given birth in the last 26 weeks

Positive impact

The absence management policy ensures greater consistency and fairness for all employees, including those who fall under the protected characteristics.

Negative impact

It is possible that this policy could impact disproportionately on this group. See question 10 (below).

Religion or belief - People with a religious belief (or none)

Positive impact

Positive impacts are the same as those for the age characteristics.

Sex – Men and Women

Positive impact – Men

Positive impacts are the same as those for the age characteristics.

Positive impact – Women

The absence management policy ensures greater consistency and fairness for all employees, including those who fall under the protected characteristics.

Negative impact

It is possible that this policy could disproportionately disadvantage women with typical menopausal symptoms. See question 10 (below).

Gender reassignment - Transgender/Transsexual

Positive impact

Positive impacts are the same as those for the age characteristics.

Sexual Orientation – Straight/Heterosexual, Gay or Lesbian, Bisexual, Other sexual orientation

Positive impact

Positive impacts are the same as those for the age characteristics.

Marriage and Civil Partnership - People who are married or in a civil partnership

Positive impact

Positive impacts are the same as those for the age characteristics.

10. How negative impacts be minimised or removed?

Areas of potential negative impact have been identified as relating to age and sex; disability; pregnancy and maternity.

Age and sex negative impacts

Women experiencing menopausal symptoms (most typically 45-55) could be unfairly disadvantaged if frequent absence means they are more likely to trigger the formal sickness absence process. The Council keeps a record of generic symptoms related to absence, a number of which would naturally incorporate ‘menopausal’ symptoms. The full list of categories is:

• Mental Health
• Musculo Skeletal
• Stomach Liver Kidney
• Viral Infections
• Heart and Blood Pressure
• Operations and Treatment

Menopausal symptoms are associated particularly with the first two categories of ‘Mental Health’ and ‘Musculo Skeletal’6. Available data has been examined and as such the policy has been reviewed. The reviewed Sickness Absence policy has been updated to allow the organisation to manage absence under the long-term absence procedure, even if an employee returns to work for short periods. A Menopause Policy and Menopause Information for Managers has also been introduced in 2020. 

Disability negative impacts

The potential negative impact upon people with disabilities has been specifically mitigated against in the policy, and managers’ training ensures specific protection for this group.

Pregnancy and maternity negative impacts

The potential negative impact upon women who are pregnant, or who have given birth in the previous 26 weeks, has been specifically mitigated against in the policy, and managers’ training ensures specific protection for this group.

11. Could the policy discriminate⁵ against any ‘protected characteristic’ either directly or indirectly?

The Council follows ‘best practice’ in terms of absence management, and our policies are rigorously and objectively scrutinised and updated in accordance with current employment law.

Summary and findings of Initial Equality Impact Assessment

12. Confirmation of findings

There are four options to describe the finding of the EqIA:

1. No negative impacts have been identified – Action is to sign off screening and finish.
2. Negative impacts have been identified but have been minimised or removed  - Action is to sign off screening and finish.
3. Negative impacts could not be minimised or removed – Action is to sign off screening and complete a full impact assessment – Section 2.
4. There is insufficient evidence to make a judgement - Action is to sign off screening and complete a full impact assessment – Section 2.

The findings and action are confirmed as (B). Negative impacts have been identified but have been minimised or removed. The action is to sign off screening and finish.

13. Name and job title of person completing this form

Jessica Douglas, Strategic People and Performance Manager.

14. Date of completion

November 2021 (update of previous EQIA to reflect 2021 update of Sickness Policy) .

15. Date for update or review of this screening

July 2024 (or earlier, if the public policy context changes or if feedback indicates possible negative impacts).

• [1] The Council’s surveys and consultations include ‘equality monitoring information’ to help us identify any particular concerns or views expressed by any particular group or ‘protected characteristic’. It can also help us to assess how representative of our customers the respondent group is.
• [2] The Equality Act’s `protected characteristics’ include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief and sex and sexual orientation. It also covers marriage and civil partnerships, but not for all aspects of the duty.
• [3] This involves having due regard, in particular, to the need to: (a) remove or minimise disadvantages suffered by persons who share a protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it, and (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
• [4] This involves having due regard, in particular, to the need to (a) tackle prejudice, and (b) promote understanding.
• [5] The King’s Fund: The district council contribution to public health: a time of challenge and opportunity, 2015