Lay Panel Member Induction Training

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Lay Panel Member Induction Training

• Prevent discrimination and value diversity

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Newspaper Headlines StudiesGood News Bad
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Male doctors earn 15,000 a year more than women,
study reveals

• Female doctors working in the NHS are paid
  thousands of pounds a year less than their male
  colleagues as a result of widespread
  discrimination and a "hostile culture" at work, a
  study reveals.
• The study examined the pay of 1,015 doctors
  working for the NHS, in medical research at
  academic institutions, and for organisations such
  as private healthcare providers. While part of
  the pay gap is due to age and experience, between
  40 and 50 of the difference is caused by
  discrimination, the study found.
• The Guardian, Tuesday 10 November 2009

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Gender and choosing a specialty

• Perceived gender inequalities
• Only one in 500 new male doctors choose to
  specialise in obstetrics and gynaecology. One of
  the main reasons is the perception that this
  discipline is dominated by women, with male
  medical students having negative experiences
  during training. A recent study showed that 42
  of all reported incidents of discrimination
  towards medical students were during obstetrics
  and gynaecology placements, and the vast majority
  of these reports came from men.
• Surgery, on the other hand, is commonly perceived
  as a male dominated discipline and is often
  accused of discriminating against women. One
  study concluded that general surgery has the
  highest incidence of reported discrimination
  against women, followed only by emergency
  medicine and paediatrics. Female students may
  feel unwelcome, with the culture and ethos of the
  specialty being inherently male, perceiving it as
  an "old boys' club" made up of "surgical
  personalities."
• Student BMJ, September 2007

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Sacked doctor in racial bias case is awarded 1.6m

• A hospital consultant dismissed after amassing
  evidence against her bosses for a racial
  discrimination claim has won the second highest
  payout from an employment tribunal.
• Feyi Awotona, 50, was awarded 1.6 million after
  a tribunal ruled that she had been the victim of
  racial discrimination and unfairly dismissed by
  her NHS trust seven years ago.
• he astonished me by saying that because I was
  a woman and black there was a limit to what I
  could do
• He made it clear his opinion of the worth and
  respect that should be accorded to me was
  influenced by my race and gender.
• This case draws attention to the concern that
  racial discrimination still exists within the NHS
  and it is very difficult for those from ethnic
  minorities to reach senior level positions.
• The Times, September 16, 2005

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Racism in the medical profession the experience
of UK graduates

• Findings
• In the population of UK graduates racism is
  manifest in access to training and careers, and
  in norms of acceptable behaviour.
• The system is sustained by the reluctance of
  trainees to complain and the widely held view
  within the profession that problems encountered
  by trainees from an ethnic minority are due to
  valid reasons such as not understanding English
  culture.
• BMA, June 2003

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Esmail and Everington

• Perhaps the best known research into the
  operation of racism in the medical profession is
  that undertaken by Esmail and Everington.
• The authors sent matched applications to 50
  advertised senior house officer posts.
• Applications with an Asian name were
  significantly less likely to be shortlisted than
  identical applications with an English name.
• The authors recommended the use of standard and
  anonymised application forms together with strict
  enforcement and publication of the results of
  equal opportunity monitoring.

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Is there a problem with the system?
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Institutional discrimination

• Institutional racism
• is the collective failure of an organisation
  to provide an appropriate and professional
  service to people because of their colour,
  culture, or ethnic origin. It can be seen or
  detected in processes, attitudes and behaviour
  which amount to discrimination through unwitting
  prejudice, ignorance, thoughtlessness and racist
  stereotyping, which disadvantage minority ethnic
  people.
• Sir William Macpherson, Stephen Lawrence inquiry
  (1999)

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Equality and diversity legislation

• Civil Partnerships Act 2004
• Disability Discrimination Act 1995 
• Disability Discrimination Amendment Act 2005
• Employment Equality (Age) Regulation 2006
• Employment Equality (Religion or Belief)
  Regulation 2003
• Employment Equality (Sexual Orientation)
  Regulation 2003
• Equal Pay Act 1970 (Amended)

• Equality Act 2006
• Gender Recognition Act 2004
• Race Relations Act 1976
• Race Relations Amendment Act 2000
• Race Relations Act 1976 (Amendment) Regulation
  2003 
• Racial and Religious Hatred Act 2006
• Sex Discrimination Act 1975
• The Sex Discrimination (Gender Reassignment)
  Regulations 1999

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People are part of processes!!
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Short Exercise
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Individual Identities

• We are all human and we are all different!!!
• Each and every individual posses their own set of
  values and beliefs. These are developed
  throughout a persons life and are influenced by
• parental influence
• education
• peers
• the media
• advertising

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Beanz Meanz ?????
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Individual Identities

• We all make assumptions
• We all stereotype
• We all fill in the gaps
• We all hold dear our values and beliefs
• It is not for us to attempt to change these, all
  we can do is be aware of them and the potential
  impact they may have

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Medical Recruitment

• Equalities legislation applies to medical
  recruitment in the same way it applies to all
  other forms of recruitment and employment.
• It is unlawful to discriminate on the grounds of
• sex, including pregnancy and maternity
• marital status, including civil partnership
  status
• gender reassignment
• disability
• race
• age
• sexual orientation
• religion/belief or lack of any religion/belief

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Common areas of discrimination law

• There are generally four types of discrimination
• direct discrimination - treating somebody less
  favourably on the grounds of their sex, race, etc
  
• indirect discrimination - applying an apparently
  general rule which in practice disadvantages one
  sex, race, etc
• harassment - unwanted conduct that violates
  peoples dignity or creates an intimidating,
  hostile, degrading, humiliating or offensive
  environment.
• victimisation - treating someone unfairly
  because, for example, they plan to raise a
  discrimination-related grievance

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Common areas of discrimination law

• The legislation affects all areas of employment
  including
• recruitment
• terms and conditions
• promotions and transfers 
• the provision of training 
• the provision of benefits 
• dismissal 
• occupational pensions
• Discrimination can also occur after employment,
  eg a former employee can bring a discrimination
  claim after they have left if they get an
  unfavourable reference because they threatened to
  bring a discrimination claim.

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Discrimination during recruitment

• It is important to avoid discrimination during
  the recruitment process. This not only is a legal
  requirement, but also gives you the best chance
  of getting the right person for the job.
• Remember - someone might be able to take you to
  an employment tribunal, even though they're not
  an employee, if they believe they weren't
  selected for a particular job as a result
  of discriminatory practices.

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Common areas of discrimination law

• Where an employment tribunal finds that
  discrimination has occurred, penalties can be
  high, since there is no cap on compensation.
• There are no length-of-service or age
  requirements in bringing a claim and claimants
  who are employees do not need to have left your
  employment.

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Countering Discrimination
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Countering Discrimination

• Legislation
• Regulation
• Directives
• Standards
• Good Practice
• Individuals Contributions

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PMETB - Generic standards for training
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PMETB - Generic standards for training

• Domain 3 Equality, diversity and opportunity
• Postgraduate training must be fair and based on
  principles of equality.
• Purpose This domain deals with equality and
  diversity matters pervading the whole of the
  training - widening access and participation,
  fair recruitment, the provision of information,
  programme design and job adjustment.
• Responsibility Postgraduate deans and
  institutions providing training, trainers and
  trainees, other colleagues working with trainees
  and local faculty.
• Evidence Surveys, demographic data, deanery
  quality management data and visits.

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PMETB - Generic standards for training

• 3.1 At all stages training programmes must comply
  with employment law, the Disability
  Discrimination Act, Race Relations (Amendment)
  Act, Sex Discrimination Act, Equal Pay Acts, the
  Human Rights Act and other equal opportunity
  legislation that may be enacted and amended in
  the future, and be working towards best practice.
  This will include compliance with any public
  duties to promote equality.
• 3.2 Information about training programmes, their
  content and purpose must be publicly accessible
  either on, or via links to, postgraduate
  deaneries and PMETB websites.
• 3.3 Deaneries must take all reasonable steps to
  ensure that programmes can be adjusted for
  trainees with well-founded individual reasons for
  being unable to work full time to work flexibly
  within the requirements of PMETB standards and
  rules. Deaneries must take appropriate action to
  encourage local education providers and other
  training providers to accept their fair share of
  doctors training flexibly.

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PMETB - Generic standards for training

• 3.4 Appropriate reasonable adjustment must be
  made for trainees with disabilities, special
  educational or other needs.
• 3.5 Trainees should have access to appropriate
  evidence on trainee recruitment, appointment, and
  satisfaction with the results analysed by
  ethnicity, place of qualification, disability,
  gender and part-time training/working.

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PMETB - Generic standards for training

• Domain 4 Recruitment, selection and appointment
• Purpose The purpose of this domain is to ensure
  that the processes for entry into postgraduate
  training programmes are fair and transparent.
• Responsibility Postgraduate deans.
• Evidence Deanery data, trainee surveys.
• Standard Processes for recruitment, selection and
  appointment must be open, fair, and effective

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PMETB - Generic standards for training

• Recruitment and selection - Mandatory
  requirements
• 4.1 Candidates will be eligible for consideration
  for entry into a specialist training programme if
  they
• Are a fully registered medical practitioner or
  hold limited registration with the General
  Medical Council or are eligible for any such
  registration and
• Are fit to practise.
• 4.2 To be eligible for consideration for entry
  into a specialist training programme, candidates
  must be able to demonstrate the competences
  required to complete Foundation Training. (This
  covers candidates who have completed Foundation
  Training, candidates who apply before completion
  and those who have not undertaken Foundation
  Training, but can demonstrate the competences in
  another way.)

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PMETB - Generic standards for training

• Recruitment and selection - Mandatory
  requirements
• 4.3 The selection process (which may be conducted
  by interview or by other process) must
• Ensure that information about places on
  training programmes, eligibility and selection
  criteria and the application process is made
  widely available in sufficient time to doctors
  who may be eligible to apply
• Use criteria and processes which treat eligible
  candidates fairly
• Select candidates on the basis of open
  competition
• Have an appeals system against non-selection on
  the grounds that the criteria were not applied
  correctly, or were discriminatory and
• Seek from candidates only such information
  (apart from information sought for equalities
  monitoring purposes) as is relevant to the
  published criteria and which potential candidates
  have been told will be required. September 2009
  Generic standards for training 13
• 4.4 Selection panels must consist of persons who
  have been trained in selection principles and
  processes.
• 4.5 Selection panels must include a lay person.

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Final selection

• An employer must always be able to justify their
  decision in recruiting a particular person in
  case of an application to an employment tribunal.
  If the issue reached a tribunal, you would have
  to provide evidence showing how and why you
  reached your decision.