RCPO Equality Scheme
1. Introduction
2. RCPO Diversity Statement
3. Background and Context
4. Diversity Committee
5. Legal Background to the Single Equality Scheme
6. Specific Duties
7. Responsibility for the Single Equality Scheme
8. Review of the Single Equality Scheme
9. How RCPO will meet the equality duties
10. Access to Information
11. Involvement and Consultation
12. Harassment and Bullying
13. Training
14. Employment
15. Procurement and Partnerships
16. Complaints
17. Conclusion
18. Action Plan 2007-10
19.
Appendix 1 HR Policies
1. Introduction
1.1. This Scheme sets out the way in which Revenue and Customs Prosecutions Office (RCPO) intends to meet its duties under the Race Relations Amendment Act 2000, the Disability Discrimination Act 2005 and the Sex Discrimination Act as amended by the Equality Act 2006. The Scheme is effectively a plan showing how the general duty outlined in the legislation will build equality into the beginning of the process of policy making rather than making adjustments at the end of the process. It sets out our plan for promoting equality over the next three years and is in addition to annual reporting on diversity.
1.2. We have decided to adopt a single Equality Scheme approach which covers our existing responsibilities on Race and Disability and anticipates new ones on Gender which come into effect in April 2007. The aim is to develop measures and actions that ensure discrimination on the grounds of race, disability and gender does not occur and to positively promote equality in its widest sense to include age, religion and sexual orientation. This reflects a change in social policy towards covering all strands of equality as one, reflected in the creation of a new Commission on Equality and Human Rights (to replace 3 separate Commissions) from October 2007 and the plans to introduce a Single Equality Bill in Autumn 2007. For RCPO, a single Equality Plan enables us to develop a unified strategy on promoting Equality and a single, definitive point of reference for policy and action.
2. RCPO Diversity Statement
2.1. RCPO recognises that in order to deliver a world class prosecutions service which commands public and judicial confidence and plays a major part in the criminal justice system, our staff need to be representative of the diverse communities we serve and work with. We are committed to developing an organisation that reflects our values and in which fairness and equality of opportunity are central to our business and our working relationships.
2.2. RCPO aims to employ people with a wide range of skills, and from a diversity of backgrounds, in order to make it more adaptable, understanding and receptive. We are committed to equality of opportunity in all areas of employment, including recruitment, development and promotion. We aim to treat all staff fairly, with dignity and respect, regardless of any factor which is unrelated to their ability to perform in their current or future role.
2.3. Diversity is fundamental not only to our employment practices but also to the way in which we carry out prosecutions and other activities. We are reviewing our policies, procedures and records to enable us to better understand the impact on different groups. We are also working to ensure that when we consult we include all those who have an interest, including minority and hard to reach groups. We will work to develop better links with all stakeholders to help us both develop and evaluate our policies and services.
2.4. We have established a Diversity Committee with terms of reference approved by the Management Board and which will act as the co-ordinating point for equality and diversity activities in the RCPO; we have a single Equality Scheme and Action Plan, which provides the framework for promoting equality and diversity at RCPO.
3. Background and Context
About RCPO
3.1. RCPO was established in April 2005 to provide advice relating to criminal investigations by, and prosecute cases for, Her Majesty’s Revenue and Customs (HMRC) in England and Wales. We employ around 300 staff, based in London and Manchester.
Our Mission
3.2. RCPO will:
- Prosecute and deter criminals through the delivery of robust, well-prepared cases.
- Prioritise the seizure of criminal assets.
- Bring independence and professionalism to prosecution decisions and to the conduct of our casework and will pursue the right cases with vigour and determination.
- Employ people with a wide range of skills from diverse backgrounds. We are committed to equality of opportunity in all areas of employment, including recruitment, development and promotion.
Our Objectives
3.3. RCPO’s high-level goals are:
- To prosecute cases efficiently and effectively in accordance with the Code for Crown Prosecutors.
- To continue and develop working relationships with HMRC, SOCA and other criminal justice partners.
- To make a strong contribution to the wider objectives of the Law Officers’ Departments and the criminal justice system.
- To enhance performance in asset recovery as our contribution to the government’s target.
- To maintain RCPO as an employer of choice.
Our Core Values
- Integrity, professionalism and fairness: behaving in a manner that brings credit to RCPO.
- Independence: applying sound and objective legal judgement.
- Openness and accountability: being fully accountable for our decisions and performance.
- Value for money: ensuring the cost effective delivery of a high quality service.
- Good communication: imparting clear, first-rate legal advice.
- Valuing and developing staff: motivating and supporting staff by fostering and rewarding talent in all disciplines and maintaining a positive working environment.
- Diversity: respecting and valuing all members of staff regardless of their ethnicity, disability, nationality, gender, religion, status, age or sexual orientation.
4. Diversity Committee
4.1. We have a Diversity Committee which will play a key role in the development of the Single Equality Scheme and Action Plan. The Committee also pushes up to Management Board ideas for action that require Board support or approval and provides assurance to Management Board that the office is treating Equality and Diversity issues appropriately
4.2. RCPO is a member of the Attorney General’s Equality and Diversity Action Group.
5. Legal Background to the Single Equality Scheme
5.1. This section summarises the three general duties that underpin the Single Equality Scheme.
Race Relations Amendment Act 2000: Race General Duty
5.2. RCPO has a duty to promote race equality with due regard to the need to:
- Eliminate unlawful discrimination.
- Promote equality of opportunity.
- Promote good relations between people of different racial groups.
Disability Discrimination Act 2005: Disability General Duty
5.3. RCPO has a statutory duty to carry out its functions with due regard to the need to:
- Promote equality of opportunity between disabled people and other people.
- Eliminate discrimination that is unlawful under the Disability Discrimination Act.
- Eliminate harassment of disabled people that is related to their disability.
- Promote positive attitudes towards disabled people.
- Encourage participation by disabled people in public life.
- Take steps to meet disabled peoples’ needs, even if this requires treatment that is more favourable.
5.4. The Disability Rights Commissions guidance explains that work on disability should be based on the “social model” of disability in which people are disabled by physical and social barriers rather than the “medical model” in which people are unable to participate in society as a direct result of their disability. The general duty therefore aims to understand and dismantle these barriers.
Sex Discrimination Act as amended by the Equality Act 2006: Gender General Duty
5.5. When this Act comes into effect in April 2007, RCPO will have a statutory duty to promote gender equality with due regard to the need to:
- Eliminate unlawful sex discrimination.
- Promote equality of opportunity between men and women.
6. Specific Duties
6.1. In addition to each general duty, there are specific duties that outline the manner in which the general duty is to be implemented. These have informed the structure of the Single Equality Scheme. The duties apply to services, employment, policy development, procurement, performance management, organisational design and delivery, and any other departmental activity that is not explicitly exempt from the Acts.
7. Responsibility for the Single Equality Scheme
7.1. RCPO’s Director and the Management Board are responsible for ensuring the implementation of this Scheme. The Diversity Committee will also play a separate role in ensuring that the Scheme is kept up-to-date and that the Action Plan is implemented. Finally, all staff are responsible for delivering the Scheme as it relates to their area of work and for promoting equity in its widest sense in the workplace.
8. Review of the Single Equality Scheme
8.1. The implementation of this Scheme will be monitored by the Management Board as part of its ongoing management and business planning responsibilities.
8.2. A report on progress will be included in RCPO’s Annual Report.
8.3. The Scheme will be formally reviewed every 3 years.
9. How RCPO will meet the equality duties
Equality Impact Assessments
9.1. RCPO is committed to ensuring equality of opportunity and the elimination of discrimination in all areas of RCPO’s work. In order to achieve this we are adopting a framework for testing assumptions about the effect of existing policies and the potential effect of new ones. This takes the form of a simple impact assessment which highlights potential inequality across the equality spectrum – whether related to a person’s age, disability, gender, race, religion or beliefs, or sexual orientation. By using this approach, we will assess the impact of our policies on particular populations in a rigorous way to increase the probability that they will promote equality of outcomes.
9.2. In the initial stages of reviewing an existing policy or developing a new one, the questions in the following table should be asked.
| Age | Disability | Race | Religion and Belief | Gender | Sexual Orientation | |
|---|---|---|---|---|---|---|
| Do different groups have different needs, experiences, issues and priorities in relation to the proposed policy? | ||||||
| Is there potential for, or evidence that, the proposed policy will promote equality of opportunity for all groups and promote good relations between the various population groups? | ||||||
| Is there potential for, or evidence that, the existing or proposed policy will affect various population groups differently (including possibly discrimination against certain groups)? | ||||||
| Is there public concern (including media, academic, voluntary or specific interest) in the policy area about actual, perceived or potential discrimination against a particular population group or groups? | ||||||
| Is there doubt about answers to any of the above questions (e.g. there is not enough information to draw a conclusion)? |
9.3. If the answer to any of these questions is yes, further action will be required to assess potential for discrimination and develop ways of mitigating or eliminating it. This may include:
- Gathering further evidence.
- Engaging stakeholders and other interested parties
- Assessment of the current situation
- Risk and potential of the proposed policy
- Desired outcomes
- Ways of achieving outcomes
- Measuring success
- Reporting on findings
10. Access to Information
10.1. RCPO operates a policy of openness and transparency (subject to legislative requirements). Where barriers in assessing information are identified, we will take necessary action to remove them, consulting communities to identify their specific needs as appropriate.
11. Involvement and Consultation
11.1. RCPO will take full account of the Government’s Code of Practice on Consultation, issued by the Cabinet Office.
11.2. We will consult with various stakeholders on the development of this Scheme and on proposed policies. We have a specific duty to involve disabled people or disability organisations on the Disability Equality aspects of the Scheme. Disabled staff have been involved in the development of this Scheme through the Diversity Committee.
12. Harassment and Bullying
12.1. RCPO has a policy (Dignity at Work) on harassment and bullying of staff, and codes of conduct based on RCPO’s values and those of the Civil Service, which govern our relationships and behaviour towards others, both within RCPO and outside the Department. These aim to create a working environment where people are treated with dignity and diversity and equality are promoted. The effectiveness of these policies will be monitored on a regular basis and reviewed when necessary as part of our Action Plan.
13. Training
13.1. RCPO plans to implement Diversity and Equality Awareness training and to incorporate equality and diversity in other training where appropriate.
14. Employment
14.1. RCPO is a relatively new Department. Our staff came from several different organisations. As such, the quality of data that we hold on staff needs to be improved so that we can monitor equality in employment more effectively. We recognise this as a weakness and have actions in place to overcome it, largely based on the implementation of a new Human Resource database and the development of a standard set of indicators on ethnicity, gender and disability covering:
- Recruitment.
- Selection and promotion.
- Training.
- Performance management and pay.
- Discipline and grievances.
- Working patterns and exits (including redundancy and dismissals).
14.2. Reports on performance in these areas will be produced on a 6 monthly basis for consideration by the Management Board. The Board will identify an areas of concern and initiate targets and measures for improvement where required.
14.3. We will actively encourage staff to provide diversity/equality information, emphasising its importance in enabling RCPO to achieve equality in the way we manage our staff.
14.4. The Cabinet Office has published a 10-Point Plan for improving the representation of women, black and ethnic minority (BME) staff, and disabled staff in the Senior Civil by 2008. The targets are:
- 37% of the Senior Civil Service (SCS) to be women.
- 30% of top management posts to be filled by women.
- 4% of the SCS to be from minority ethnic backgrounds.
- 3.2% of the SCS to be disabled people.
14.5. These national targets will be incorporated within our planning and monitoring, although it should be noted that RCPO has relatively few staff at this level.
15. Procurement and Partnerships
15.1. Information on RCPO’s obligations under the Race Relations Amendment Act 2000, the Disability Discrimination Act 2005 and the Sex Discrimination Act are included in our standard terms and conditions for contracting services and we follow Government guidance on procurement. Clauses in contracts specify that contractors must comply with legislation.
16. Complaints
Complaints in relation to employment should be processed using RCPO’s Grievance Procedure or the Dignity at Work Procedure (for those relating to discrimination, harassment, bullying and victimisation.
16.2. Complaints about our service should be addressed to RCPO Complaints Officer by letter, email or fax at:
The Complaints Officer
The Revenue and Customs Prosecutions Office
Room 2.02
New King's Beam House
22 Upper Ground
London SE1 9BT
Fax: 020 7147 7785
Email:
complaints@rcpo.gsi.gov.uk
17. Conclusion
17.1. RCPO’s Single Equality Scheme is a living document. It will be revised regularly to reflect changes in legislation and development in our policies and functions. We are making progress on equality issues. Our aim is to achieve best practice and develop to reflect the needs of the people we employ and serve.