Race Relations Act: NHS Trusts face enforcement action

11 December 2009

Summary
The Equality and Human Rights Commission (“EHRC”) has issued compliance notices against three Trusts in the south of England. The Trusts face the prospect of a County Court trial if they fail to comply with these notices which were issued under powers given to the EHRC in the Race Relations Act (“RRA”).

The EHRC believes that Frimley Park Hospital NHS Foundation Trust, Kent and Medway NHS and Social Care Partnership Trust, and NHS Surrey (the “Trusts”) have failed to comply with the “Race Equality Duty” under the RRA.

Race Equality Duty
The Race Equality Duty means that public bodies must have “due regard” to the need to:

• eliminate unlawful racial discrimination
• promote equality of opportunity
• promote good relations between people of different racial groups

The Race Equality Duty requires Trusts to publish a race equality scheme that sets out, amongst other things, arrangements to:

• assess and consult on the likely impact any proposed policies will have on the promotion of race equality
• monitor policies for adverse impact
• train staff on both the general and specific duties

Staff monitoring

Under the Race Equality Duty, NHS Trusts must also monitor their staff by racial group recording the number of staff in post, and applications for employment, and promotion and training. Employers with over 150 staff must also monitor for training, performance appraisals, grievances, disciplinary action and reasons for leaving their employment. The findings of this monitoring must be published annually.

Other NHS Trusts may also be affected

All NHS Trusts have a legal obligation to promote racial equality. The EHRC can take enforcement action against any Trust that it considers is failing to fulfil its obligations. The EHRC has written to several other Trusts in the UK, concerning potential failings under the Race Equality Duty. It is clear that the EHRC will take action against the NHS and as often the largest local employer and in the public eye NHS employers will be particularly concerned to avoid this.

Advice and assistance

Hill Dickinson has a great deal of experience in dealing with unlawful discrimination claims of all kinds. We can assist in writing race equality schemes and advising Trusts on discrimination legislation. This includes guiding Trusts on monitoring staff as well as advising them on how to undertake RRA equality impact assessments. Please contact us if you need further assistance.