Employee Data Protection and Access to Personal Information 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 policy to be assessed

This Equality Impact Assessment (EqIA) reviews the policy for Employee Data Protection and Access to Personal Information.

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.

1. What is the main purpose of the policy?

The main purpose of the policies is to ensure that:

• the Council adheres to the Data Protection Act in terms of obligations to employees
• this information is communicated effectively to managers and employees when implementing such procedures
• the Council’s policies are updated in the light of changing legislation and circumstances, for example, General Data Protection Regulations (GDPR), Privacy Notices and Public Sector Network (PSN)

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

The policies cover Data Protection and employee access to their personal information held on HR systems.

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:

• Employees
• Managers
• Shared Payroll Service
• Partners
• Senior Management Team
• Councillors
• UNISON
• Customers in terms of service delivery

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

The outcomes that the policy should achieve are:

• to provide clarity on when and how personal information is held on employees and in what circumstances it can be provided as part of internal and external requests 
• to ensure that consent is given where appropriate 
• to ensure that information is accurate and up-to-date 
• transparency, equality and fairness 
• compliance with legislation

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

In this instance, we will involve:

• all employees are corporately involved in the delivery of these policies
• agencies that provide the legal or statutory requirements are also involved, as providers of the relevant information and checks
• shared payroll service who administer the payroll

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.

• Workforce statistics - each year we collect, analyse and publish 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

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.

The policy helps us to ‘eliminate unlawful discrimination, harassment and victimisation’ by:

• setting out the Council’s policies and procedures to managers and staff, which helps to ensure we do not discriminate against employees or job applicants on the basis of any ‘protected characteristic’
• having a corporate approach to equality and diversity in our HR policies, procedures and practices 
• providing clear, consistent and transparent information for employees and managers.

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 policies set out the principles against which we apply a consistent and supportive approach to employee data protection and access to personal information. Decision-making is designed to both minimise the potential to discriminate and also to promote equality of opportunity. We publish data regarding recruitment and our workforce across protected characteristics.

We consider potential benefits or potential disadvantages for a particular protected characteristic.

No impacts were identified as part of this EqIA. This policy is about compliance with the law on Employee Data Protection, Access to Personal Information, General Data Protection Regulation (GDPR) and Privacy Notices so applies to all employees, whatever their ‘protected characteristics’.

10. How negative impacts be minimised or removed?

Not applicable.

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

No.

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. The action is to sign off screening and finish.
2. Negative impacts have been identified but have been minimised or removed. The action is to sign off screening and finish.
3. Negative impacts could not be minimised or removed. The action is to sign off screening and complete a full impact assessment – Section 2.
4. There is insufficient evidence to make a judgement. The action is to sign off screening and complete a full impact assessment – Section 2.

Findings and action confirmed as (A). No negative impacts have been identified. 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

July 2021 (update of previous EqIAs).

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] National Census 2021 ethnicity categories are: English, Welsh, Scottish, Northern Irish or British; Irish; Gypsy or Irish Traveller; Roma; Any other White background (White); White and Black Caribbean; White and Black African; White and Asian; Any other Mixed or Multiple backgrounds (Mixed or Multiple ethnic groups); Indian; Pakistani; Bangladeshi; Chinese; Any Other Asian background (Asian or Asian British); Caribbean; African; Any other Black, Black British or Caribbean, Any other Black, Black British or Caribbean background (Black, Black British, Caribbean or African); Arab, Any other ethnic group (Other ethnic group).
• [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 is 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 Council has a general duty to ‘eliminate unlawful discrimination, harassment and victimisation’. Direct discrimination occurs when a person is treated less favourably than another in a comparable situation because of their `protected characteristic’ whether on grounds of age, disability, pregnancy and maternity, ethnicity; religion or belief; sex (gender), sexual orientation, or marriage and civil partnership. Indirect discrimination occurs when an apparently neutral provision or practise would nevertheless disadvantage people on the grounds of their `protected characteristic’.