Errigalconsulting - public sector equality duty - scottish regulations


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These slides outline the public sector regulations as they apply to Scottish public authorities.

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Errigalconsulting - public sector equality duty - scottish regulations

  1. 1. [ERRIGAL consulting on Equality & Diversity] The Public Sector Equality Duty [Scottish regulations]
  2. 2. The duty in context• The duty is part of the Scottish Government National Performance Framework and as such will assist the Government purpose of:• “focusing Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth” and demonstrate that as a Government:• “we have tackled the significant inequalities in Scottish society” (National Outcome 7).
  3. 3. The duty in context – Christie recommendation• “the Scottish Government should: – work with the EHRC and other stakeholders to identify the key equality gaps in Scotland, and – address these gaps through further development of the outcomes and indicators contained within the National Performance Framework; and – to produce guidance on how the public sector equality duty can best be expressed in the context of partnership working”.
  4. 4. Overview• Mainstreaming equality• Equality outcomes• Assessment and review• Employment information• Gender gap information• Equality pay statement• Procurement• Scottish Ministers duty• Publication duty
  5. 5. Equality outcomes• Explained as a change which is to be achieved to further one or more of the 3 parts of the public sector duty – eliminate discrimination; advance equality; foster good relations• A set of outcomes must be published – first set is due by 30th April 2013 and subsequently every 4 years thereafter• Outcomes must be prepared by: – involving people with the protected characteristics – considering relevant evidence• If outcomes do not further the 3 parts of the PSD in relation to every characteristic reasons for this must be published• A report on action taken and progress made against the outcomes is to be published every 2 years
  6. 6. Mainstreaming equality• The report published every 2 years will include: – Organisational progress made to mainstream equality – Individual protected characteristic improvements as a result – Annual breakdown of the employment information captured and how the information has been used to meet the PSD
  7. 7. Assessment and review of policies & practices• The duty focusses on conducting the assessment and includes: – Assessing the impact of proposed policies and practices – Identifying changes and revisions made as a result of an assessment• Previously a screening process was often used to determine whether or not to carry out an equality impact assessment – this will no longer be regarded as the assessment• The assessment must include: – Evidence relating to people with the protected characteristic – Evidence received from people with the protected characteristic• The results of the assessment must be taken into account
  8. 8. Assessment and review of policies & practices• The assessment must be published within a reasonable timeframe of the policy / practice being actioned• Arrangements must be made to review and where necessary revise existing policy & practice to ensure PSD compliance• The new focus for assessing the impact is against the 3 parts of the PSD: • Eliminate discrimination • Advance equality of opportunity: • Foster good relations• And within these to consider each protected characteristic
  9. 9. Capturing and using employment information• Annual data gathering exercise: – Number and characteristics of employees – Recruitment, development and retention of its employees• This information must be used to assist in meeting the PSD• The information to form part of the mainstreaming report if not reported elsewhere
  10. 10. Gender pay gap• For the period an authority has 150 or more employees it must publish pay gap information• Pay gap information is: – The percentage difference between men‟s average hourly pay and womens average hourly pay (excluding overtime)• Publish this information by 30th April 2013 and every 2nd year thereafter – (unless the number of employees drops below 150).
  11. 11. Equal pay statement• The statement to be published every 4years for all periods where the employees number 150 or more.• The statement must cover its policy on equal pay and occupational segregation between: – Women and men – Disabled people and non-disabled people – People in a minority racial group and those who are not• Occupational covers a concentration of people in grades or occupations• The first statement to cover women and men – subsequent statements to include disability and BME data• Scottish Ministers will review whether 150 is the appropriate cut off point
  12. 12. Public procurement• A procurement agreement must have due regard to whether the award criteria should include consideration to meet the PSD• Where „performance conditions‟ are part of an agreement due regard needs to be given to including considerations to meet the PSD• Where the subject of the contract is not related to the PSD no action need be taken
  13. 13. Scottish Minsters Duty• By 31st December 2013 and every 4 years thereafter Ministers must publish proposals for activity which will enable listed authorities to better perform their PSD.• To publish a report on progress no later than 31st December 2015 and every 4years thereafter
  14. 14. [ERRIGAL consulting on Equality & Diversity]