Back to Equality and Human Rights Impact Assessments (EqHRIA)

Employee Driving Licence Checking, Health Declaration and Insurance Declaration

Section 1 - Scoping

06/12/2024

Beth Fotheringham

Fiona Mactaggart

Data Protection Impact Assessment completed

Section 2 - Screening

It is a requirement for every employer who requires their employees, including temporary employees, who drive as part of their work, to monitor their employees' entitlement to drive and verify the validity of their driving licences.

The requirement to verify an employees' eligibility to drive for business purposes is covered by the following legislation:

Health and Safety at Work Act
Road Traffic Act
The Corporate Manslaughter and Corporate Homicide Act 2007.

 
SEPA’s Equality Outcomes 2022-2026

Outcome 1 – We have increased the number of people from currently underrepresented groups in our applicants, our staff and those who progress within the organisation.
Outcome 2 – People with lived experience of inequality, related to a protected characteristic or socioeconomic status, access and use SEPA’s services without barriers.
Outcome 3 – Staff with lived experience of inequality and barriers, and with a wide variety of needs, feel listened to and respected as SEPA meets those needs.
Outcome 4 – We have decreased our gender pay gap and occupational segregation related to gender, disability, and ethnicity.

I do not believe that this relates to any of SEPA’s Equality Outcomes.

No this is not a major change in practice. Although this requirement for employers to verify the validity of employees driving licence for a number of years, SEPA have not implemented before now.

Once we have completed the first annual round of checks, this means that line managers will know which team members are eligible to undertake any driving on business. It will also highlight to employees who have allowed their driving licences to expire (photocards primarily) and need to take action.

This in turn will give employees confidence that they have had their licences checked and that they are covered by SEPA’s fleet insurance, when driving fleet and hires.

All operational teams and all employees who have claimed ABMS mileage in the last 12 months.

Based on team and function and Agresso data.

2.6 The Equality Act 2010 places a duty on public bodies to prevent discrimination in all aspects of service provision. It provides a clear and positive legal duty to eliminate discrimination and to ensure equality of opportunity and good relations between different groups.

Amongst your group of stakeholders are there any people who belong to the protected characteristic groups listed below who may be impacted, either positively or negatively, or do you believe there is a neutral impact?

Consider the three needs of the general duty for each Protected Characteristic in turn.

Table 1 - Public Sector Equality Duty - Screening tool

	Eliminate discrimination, harassment and victimisation and other conduct prohibited under the Equality Act.	Advance equal opportunities between people who have a protected characteristic and those who do not.	Foster good relations between people who have a protected characteristic and those who do not.
Age	Neutral	Neutral	Neutral
Disability	Negative	Neutral	Neutral
Gender	Neutral	Neutral	Neutral
Marriage / civil partnership	Neutral	Neutral	Neutral
Pregnancy / Maternity	Neutral	Neutral	Neutral
Race	Neutral	Neutral	Neutral
Religion / belief	Neutral	Neutral	Neutral
Sex	Neutral	Neutral	Neutral
Sexual orientation	Neutral	Neutral	Neutral

2.7 SEPA as a public authority is obliged to ensure that our decisions and actions align with the fundamental rights and freedoms enshrined in the European Convention of Human Rights.

Will the policy or practice engage or restrict a right or freedom under the Convention?

Table 2 - Human Rights consideration

Human Rights Act Article	Yes	No
Article 2: Right to life		x
Article 3: Prohibition of torture		x
Article 4: Prohibition of slavery and forced labour		x
Article 5: Right to liberty and security		x
Article 6: Right to a fair trial		x
Article 7: No punishment without law		x
Article 8: Right to respect for private and family		x
Article 9: Freedom of thought, conscience, and religion		x
Article 10: Freedom of expression		x
Article 11: Freedom of assembly and association		x
Article 12: Right to Marry		x
Article 13: Right to an effective remedy		x
Article 14: Prohibition of discrimination		x
Protocol 1, Article 1: Protection of property		x
Protocol 1, Article 2: Right to Education		x
Protocol 1, Article 3: Right to free elections		x

Section 3 - Full Assessment

• Eliminate unlawful conduct
• Advance equality of opportunity
• Foster good relations
The application of the policy is no different to how SEPA have to report health conditions of drivers who have conditions notifiable to the DVLA. For insurance purposes, we have to disclose conditions otherwise the employee driver is not covered by SEPA’s Fleet Insurance

Disability where the health condition is considered a disability

None. Any employee with a health condition notifiable to the DVLA and hence asked about on the Drivers Declaration will be familiar with the insurance requirements if they have or have had their own vehicle insurance. Without the disclosure, the insurance is likely to be invalidated and the employee driving as an uninsured driver.

Being able to provide assurance that the required information has been disclosed to the insurer and that they are eligible to drive.

None

N/A

These are standard questions for anyone seeking to obtain insurance to drive.

Section 4 - Continuous monitoring and improvement

Option 1: No major change

Your assessment demonstrates that the policy or practice is robust. The evidence shows no potential for:

• less favourable treatment of particular groups, indirect discrimination, victimisation, harassment, and that you have taken all opportunities to advance equality of opportunity and foster good relations; nor
• restriction of Convention rights or freedoms.

The policy or practice builds in reasonable adjustments where these may be needed. In reaching this conclusion, you should document the reasons why and the evidence used to support your decision.

The EqHRIA is a living document and should be reviewed and updated to ensure you have captured the changes that have been made because of the implementation of your policy or practice. Set a realistic goal for you to check back in with your assessment, to see if things are going the way you expected

Date for the Equality and Human Rights Impact Assessment review.

18/02/2027

Section 5 - Sign off

19/02/2025

Yes

For information on accessing this document in an alternative format, other language, or braille, please contact SEPA by emailing equalities@sepa.org.uk

If you are a user of British Sign Language (BSL), the Contact Scotland BSL service gives you access to an online interpreter, enabling you to communicate with us using sign language. contactscotland-bsl.org

Employee Driving Licence Checking, Health Declaration and Insurance Declaration

Section 1 - Scoping

1.1 What is the subject/title of your policy or practice?

1.2 Date Equality and Human Rights Impact Assessment started.

1.3 Name(s) of staff members carrying out the Equality and Human Rights Impact Assessment.

1.4 Name of senior leader signing off Equality and Human Rights Impact Assessment.

1.5 Have you considered which other impact assessments may be required, e.g. Data Protection or Islands Communities Impact?

Section 2 - Screening

2.1 What are the aims of your policy or practice, and how do they relate to equality and human rights?

2.2 Does it relate to any of SEPA’s Equality Outcomes?

2.3 Is it a major policy or practice, significantly affecting how functions are delivered?

2.4 Thinking about the purpose and outcomes of your policy, who are the people who may be impacted i.e., main stakeholders and how do you plan on engaging with them?

2.5 Which sources of information did you use to make this decision?

Section 3 - Full Assessment

3.1 What impact will the application of the policy or practice have on SEPA’s ability to comply with each of the three elements of the Public Sector Equality Duty?

3.2 To which of the protected characteristic groups is the policy or practice relevant?

3.3 Which of the protected characteristic groups and communities might it be helpful to involve in the development of the policy or practice?

3.4 Are there positive equality or human rights outcomes you could expect from the implementation of this policy or practice?

3.5 Are there any negative equality or human rights outcomes that you could expect from the implementation of this policy or practice?

3.6 Consider what actions will you take to eliminate, or limit to the best of your abilities, any negative impact.

3.7 What sources of information did you use? Include any further evidence gathering and external engagement that is required to demonstrate that you are giving ‘due regard’ to the equality duty of eliminating discrimination, promoting equality of opportunity, and fostering good relations.

Section 4 - Continuous monitoring and improvement

4.2 Date for the Equality and Human Rights Impact Assessment review.

Section 5 - Sign off

5.1 Date Equality and Human Rights Impact Assessment reviewed and accepted by Equality and Human Rights officer.

5.2 Confirmation the Senior Leader has reviewed and signed off Equality and Human Rights Impact Assessment.