Equal Pay Statement and Information 2013
Contents 1 Introduction... 2 2 Commitment... 4 3 Purpose... 6 4 Approach... 8 5 Equal Pay Information... 10 6 Occupational Segregation... 12 7 Equal Pay Statement... 14 8 Moving Forward... 21 Appendix A: Equal Pay Information... 23 Appendix B: Staff Grading Structure... 24 Appendix C: Occupational Segregation... 25 Appendix D: The Equality Act 2010... 50
1. Introduction 1
1 Introduction City of Glasgow College is one of Scotland s major education providers, with an annual enrolment of over 30,000 students, of which 10,000 study on full-time further and higher education courses. Approximately 50% of our students are from Glasgow, while the rest mainly originate from other areas across Scotland. The College offers a wide range of education and training opportunities, from foundation courses through to Higher National Diplomas, as well as a number of Degree courses with our Higher Education partners. Courses are delivered across the following schools: Art & Design. Creative Industries. Business & Enterprise. Food, Hospitality & Tourism. Community, Care & Social Hair, Beauty & Sport. Sciences. Languages & ESOL. Computing. Nautical Studies. Construction, Engineering & Energy. The College also provides services for local businesses and employers that include professional and bespoke training courses. These external commercial courses are delivered by City Enterprises. More specialised support is also available through our specialist centres, such as the Centre for Paralegal Education and the Centre for Supply Chain Leadership. The College employs over 1,000 staff across 11 locations in the city centre, at the riverside, and to the east of the city. Construction of the new campus buildings at the city centre and riverside locations begins in 2013, for completion by 2016. To meet the requirements of the Equality Act 2010, this report will detail how the College has devised an equal pay statement after conducting an analysis of pay data as part of its recently conducted, February 2013, job evaluation programme. 2
2. Commitment 3
2 Commitment Equality, Diversity & Inclusiveness is a core value of the City of Glasgow College. As a College we value: The College devised its Diversity & Equality (D&E) Statement through active staff involvement: We will positively promote equality, diversity and human rights for all. In doing so, the College will: Foster good relations based on dignity and respect; Advance equality of opportunity for individuals; and Eliminate harassment, victimisation and discrimination. 4
3. Purpose 5
3 Purpose The College welcomes the opportunity to report its progress, over the past year, in meeting the requirements of the specific duties under the Equality Act 2010, through its strategy, operations and culture. For a summary of the general and specific equality duties of the Equality Act 2010, please refer to Appendix D. The purpose of this report is to outline progress in meeting the following specific duties: Publish gender pay gap information in relation to the percentage difference among staff between men s average hourly pay and women s average hourly pay. Publish a statement on equal pay in relation to men and women, specifying occupational segregation. The duties to gather staff data and mainstream the equality duty, so as to better perform the equality duty, will be reported in the separate Equality Mainstreaming Report. The duty to prepare and publish a set of equality outcomes will also be reported separately. The College will publish its Equality Mainstreaming Report, equality impact assessments, equal pay statement and information, together with this report on the College s website. This will be presented within the Diversity & Equalities section, accessed directly from the home page. 6
4. Approach 7
4 Approach The three Colleges, prior to merger, would have been required to conduct a job evaluation review and due to the impending merger it was agreed that a full review would be conducted to introduce a Job Evaluation process for staff in the new City of Glasgow College. At that time the College also revisited and negotiated grading structures with the relevant Trade Unions. The FEDRA (Further Education Development and Role Analysis) system was agreed and adopted for job evaluation. The grading system for Academic staff was reviewed and evaluated based on Job Descriptions and there was no change required to either. The College held meetings with Close the Gap to ensure that any activity was aligned with the Equality Act 2010 and, through building this relationship, the guidance received has been used to inform the College during this process. Feedback was provided by Close the Gap on the College s Equal Pay Policy and Statement and provision of horizontal and vertical segregation data. The HR system used within the College is HR Evolution and this holds all person specific data. The analysis was completed through data collection from this system which was then manipulated to populate the tables contained within this document. The data was then analysed to produce the additional narrative. The data provided is accurate as of 1 st April 2013. 8
5. Equal Pay Information 9
5 Equal Pay Information Appendix A details the equal pay formula and information summary. Please refer to Appendix B, detailing the staff grade structure. Prior to conducting job-evaluation, the Gender Pay Gap for the City of Glasgow College was 13%. However this figure is skewed by the fact that the two most senior employees, Principal and Depute Principal are male. Therefore, when these have been removed, a more accurate reflection was 12.4%. The mean average hourly rate was 15.72. The differential between male employees and female employees was 2.09; 16.88 versus 14.79. Following the job-evaluation process, the Gender Pay Gap became 12.8%. The mean average hourly rate is 15.84. The differential between male and female employees is 2.18; 17.05 compared to 14.87. 10
6. Occupational Segregation 11
6 Occupational Segregation Refer to Appendix C which details horizontal and vertical segregation for support staff, then academic staff. The current split of male to female overall within the College is 556 to 689. The distribution of male to female varies across Academic Staff and Support Staff within the College. Refer to Tables 4-16 in Appendix C, detailing horizontal and vertical segregation for support staff. Within the support cohort overall there is a significant variance in the distribution of male to female, 203 to 354, there are also significant variances within certain departments, e.g. Student Services, 18 male to 59 female; Estates 45 male to 114 female; and IT, 33 male to 3 female. In order to better support the Gender Equality Agenda, the College has, in January 2013, completed a full review of all support roles and the Salary and Grading structure through Job Evaluation. This will ensure that going forward staff will be receive equal pay for work of equal value. Over the next three years, the College will also re-align salaries for staff whose post has been down-graded and are currently paid above the rate for the job. Any salary protection will be reduced/removed and this will further align salaries and lessen the gender pay gap. Refer to Tables 17-28 in Appendix C, detailing horizontal and vertical segregation for academic staff. Within the academic cohort overall there is almost an equal distribution of male to female, 355 to 335, however within certain Schools there are significant variances, e.g. Nautical Studies, 36 male to 1 female; Construction, Engineering & Energy, 88 male to 4 female; and Hair, Beauty & Sport, 18 male to 64 female. It must be noted however that within relevant industries there would also be this differential as historically Hairdressing and Beauty would be predominantly staffed by females and Building and Construction would historically be staffed by males. The College has also reviewed and updated the remuneration for temporary lecturers and from 2013 all returning lecturers with temporary contracts will be return at the first point in the scale and will no longer retain any increments that were previously given. Lecturers with a TQFE qualification will commence at the relevant first bar point. 12
7. Equal Pay Statement 13
7 Equal Pay Statement Introduction It is the City of Glasgow College s policy to provide equality to all, irrespective of the following protected characteristics: age, disability, gender reassignment, marriage and civil partnership status, pregnancy and maternity, race (including colour, nationality, ethnic or national origins), religion or belief, sex (formerly gender) and sexual orientation. The College s Diversity & Equalities Statement sets out the College s overall aims: We will positively promote equality, diversity and human rights for all. In doing so, the College will: Foster good relations based on dignity and respect; Advance equality of opportunity for individuals; and Eliminate harassment, victimisation and discrimination. Equal Pay Statement City of Glasgow College is committed to the principles of equality in employment and believes that staff should receive equal pay for the same or broadly similar work, or work rated as equivalent and for work of equal value, regardless of their age, disability, ethnicity or race, gender reassignment, marital or civil partnership status, pregnancy, political beliefs, religion or belief, sex or sexual orientation. City of Glasgow College understands that the right to equal pay between women and men is a legal right under both domestic and European Law. In addition, the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 require the College to taking the following steps: Publish any sex (gender) pay gap information, initially as at April 2013, and regularly updating this (no later than on a biannual basis). 14
Publish a statement on equal pay between men and women to include the protected characteristics of race and disability in the second and subsequent statements from 2017 onwards. It is good practice and reflects the values of the College that pay is awarded fairly and equitably. The College recognises that horizontal and vertical segregation currently exists and will ensure that the College policies and processes are consistently applied to reduce Organisational Segregation and the Gender Pay Gap. In order to achieve equal pay for employees doing the same or broadly similar work, work rated as equivalent, or work of equal value, it should operate pay systems which are transparent, based on objective criteria and free from unlawful bias. Statement Objectives and Actions Our objectives, in line with the General Duty of the Equality Act 2010, are to: Eliminate unfair, unjust or unlawful practices and other discrimination that impact on pay equality. Advance equality of opportunity and the principles of equal pay throughout the workforce. Foster good relations between people sharing different protected characteristics in the implementation of equal pay. We will: Inform employees as to how pay practices work and how their own pay is determined. Provide training and guidance for managers and for those involved in making decisions about pay and benefits and grading decisions. Examine our existing and future pay practices for all our employees, including part-time workers, those on fixed term contracts or contracts of unspecified duration, and those on pregnancy, maternity or other authorised leave. 15
Undertake regular monitoring of the impact of our Recruitment and Selection practices in line with the requirements of the Equality Act 2010. Terms and Conditions of employment will be consistently applied for all new employees of the College. Conduct annual analysis of pay data within the equal pay review. Key Commitments The College has concluded an Analysis of Pay Data as part of its recently implemented (February 2013) Job Evaluation Programme. The gender pay gap is 12.8%. Contributing to the Gender Pay Gap are the following: High levels of promotion of staff in senior roles that are male. Historical differences in Terms and Conditions of Employment following the merger of the three Colleges into City of Glasgow College. Large percentile of staff with long service that have progressed through the grades. In mitigation, the College has concluded their Job Evaluation process and recognise that Horizontal and Vertical segregation currently exists. In order to reduce the Gender Pay Gap the College will consistently apply the relevant policies and procedures to reduce both Organisational Segregation and the Gender Pay Gap. The College will also, in addition to making readily available the College s Equal Pay Statement: Maintain a systematic job evaluation scheme which incorporates the principles of equal pay. Conduct an Equal Pay Review to ensure any service related entitlements can be justified on the grounds of rewarding loyalty, maintaining motivation and reward for higher levels of skills and experience e.g. salary, annual, occupational sick pay etc. As part of the Equal Pay Review, ensure that pay and organisational structures identify and target barriers which may result in occupational segregation. 16
Improve workforce planning and use analysis to target staff development opportunities considering the barriers to progression. Review staff benefits ensuring men and women have equitable access to these, e.g. pension, occupational sick pay, employee counselling etc., as part of the Equal Pay Review. Publish key employee information as part of the PSED Mainstreaming Report. Regularly monitor and review such annually, in partnership with Trade Union and Staff Representatives. Inform employees of their new pay grade. Respond promptly to grievances or complaints on equal pay. Responsibilities Board of Management As the governing body of the College, the Board and its Sub Committees, specifically the Staffing, Students and Equalities Committee are responsible for ensuring that the College complies with its statutory obligations in terms of equal pay. The Board will regularly consider equalities matters including equality monitoring and annual achievement of Equality outcomes. The Principal Will be responsible for ensuring that the College commitment to diversity and equalities including equal pay is implemented; that training and guidance is provided for those making decisions regarding remuneration and that the equal pay policy statement is communicated to internal and external parties. HR and Organisational Development Director Will be responsible for: Ensuring that pay, benefits and reward systems are kept under regular review and that statistical analysis is undertaken on an annual basis. 17
Advising on the authorising of job specifications, post profiles and appropriate salary levels to ensure that equal pay issues are given appropriate consideration. Provide Recruitment and Selection awareness, and focused training for all relevant managers, to ensure all staff are aware of the equal pay policy and statement. Planning and Administration Director Will be responsible for: Communicating the policy statement and providing awareness raising and focused training to ensure all staff are aware of the wider equality related issues. Ensuring that key information on equal pay statistics is published in accordance with the Colleges statutory duties. All Senior Staff, Managers & Supervisors Will be responsible for: Implementing the policy statement. Following any relevant procedures relating to equal pay and, where appropriate, seeking appropriate advice and guidance. Ensuring that employees know and understand their responsibilities regarding equal pay and, where appropriate and necessary, receive support and training in carrying these out to ensure the College achieves the legal requirements under the Equality Act 2010. Complaints and Grievances An employee concerned about discriminatory action in relation to equal pay should in the first instance use the College Grievance Procedure in order to achieve internal resolution. 18
Monitoring The HR and Organisational Development Director shall monitor and review this policy, consulting with employee and trade union representatives as appropriate, on changes being required due to changes in line with legislation or best practice. 19
8. Moving Forward 20
8 Moving Forward The report identified a gender pay gap of 12.8% and examined occupational segregation between men and women. This information informed and supported the development of the College s Equal Pay Statement, including objectives and actions. Through the responsibilities of key staff groups, the College is committed to communicating and delivering these objectives and actions. The College will again publish gender pay gap information by April 2015. This will allow any changes to be identified. Finally, the College will extend the equal pay statement and analysis of occupational segregation to cover disability, race and gender by April 2017. This document is available in an online PDF format. It can also be provided in standard print, large print, in electronic, or audio form on CD and in Braille upon request. For more information, please call 0141 566 1587, or contact diversity&equalities@cityofglasgowcollege.ac.uk 21
Appendices 22
Appendix A: Equal Pay Information Table 1: Proportion of Staff by Male and Female at 1 st April 2013 Staff Number Percentage Female 689 55.3% Male 556 44.7% Total 1,245 100% Table 2: Hourly Pay and Rate by Gender for all staff role at 1 st April 2013 Staff Averages Total Hourly Average Mean Average 19,722 15.84 Female Average (A) 10,243 14.87 Male Average (B) 9,478 17.05 Percentage Pay Gap Calculation (A / B) X 100 = Total 100 Total = Pay Gap Percentage Pay Gap Calculation (14.87 / 17.05) X 100 = 87.21 100 87.21 = 12.8% 23
Appendix B: Staff Grading Structure Table 3: Staff Grading Structure Grade Minimum Salary Maximum Salary Minimum Point Bar Point Maximum Point 7 31,284 34,032 33 N/A 36 6 28,053 30,651 29 N/A 32 5 24,477 27,184 25 N/A 28 4 21,506 23,685 21 N/A 24 3 18,119 21,134 14 17 20 2 15,890 17,683 8 10 13 1 13,104 15,503 1 4 7 24
Appendix C: Occupational Segregation Support Staff Table 4: Overall Support Staff Staff Grades Male Female Total Principal 100% (1) 0% (0) 100% (1) Depute Principal 100% (1) 0% (0) 100% (1) Vice Principals 50% (1) 50% (1) 100% (2) Directors 64.3% (9) 35.7% (5) 100% (14) Heads of Service 60.9% (14) 39.1% (9) 100% (23) Grade 7 40.7% (11) 59.3% (16) 100% (27) Grade 6 30.4% (7) 69.6% (16) 100% (23) Grade 5 53.8% (14) 46.2% (12) 100% (26) Grade 4 36.8% (25) 63.2% (43) 100% (68) Grade 3 0% (0) 0% (0) 100% (0) Grade 3 Bar 51.9% (41) 48.1% (38) 100% (79) Grade 2 0% (0) 0% (0) 100% (0) Grade 2 Bar 25.2%(33) 74.8% (98) 100% (131) Grade 1 86.7% (13) 13.3%(2) 100% (15) Grade 1 Bar 22.6% (33) 77.4% (113) 100% (146) College Total 36.5% (203) 63.5% (353) 100% (556) 25
Table 5: The Principal and Executive Leadership Team Staff Grades Male Female Total Principal 1 0 1 Depute Principal 1 0 1 Vice Principals 1 1 2 Total 3 1 4 26
Table 6: Curriculum Directorate 1 Staff Grades Male Female Total Directors 0 1 1 Heads of Service 0 1 1 Grade 7 2 0 2 Grade 6 0 3 3 Grade 5 5 3 8 Grade 4 2 4 6 Grade 3 0 0 0 Grade 3 Bar 12 9 21 Grade 2 0 0 0 Grade 2 Bar 8 2 10 Grade 1 1 1 2 Grade 1 Bar 8 12 20 Directorate Total 38 36 74 27
Table 7: Curriculum Directorate 2 Staff Grades Male Female Total Directors 1 0 1 Heads of Service 0 0 0 Grade 7 1 0 1 Grade 6 1 3 4 Grade 5 0 0 0 Grade 4 7 4 11 Grade 3 0 0 0 Grade 3 Bar 6 2 8 Grade 2 0 0 0 Grade 2 Bar 4 20 24 Grade 1 0 0 0 Grade 1 Bar 7 0 7 Directorate Total 27 29 56 28
Table 8: Curriculum Directorate 3 Staff Grades Male Female Total Directors 1 0 1 Heads of Service 0 0 0 Grade 7 0 0 0 Grade 6 0 0 0 Grade 5 0 0 0 Grade 4 0 0 0 Grade 3 0 0 0 Grade 3 Bar 0 5 5 Grade 2 0 0 0 Grade 2 Bar 1 4 5 Grade 1 0 0 0 Grade 1 Bar 0 3 3 Directorate Total 2 12 14 29
Table 9: Estates Directorate Staff Grades Male Female Total Directors 1 0 1 Heads of Service 3 1 4 Grade 7 1 1 2 Grade 6 2 0 2 Grade 5 0 0 0 Grade 4 0 1 1 Grade 3 0 0 0 Grade 3 Bar 2 1 3 Grade 2 0 0 0 Grade 2 Bar 10 12 22 Grade 1 11 0 11 Grade 1 Bar 15 98 113 Directorate Total 45 114 159 30
Table 10: Finance Directorate Staff Grades Male Female Total Directors 1 0 1 Heads of Service 1 1 2 Grade 7 0 2 2 Grade 6 1 3 4 Grade 5 2 3 5 Grade 4 0 5 5 Grade 3 0 0 0 Grade 3 Bar 0 0 0 Grade 2 0 0 0 Grade 2 Bar 5 13 18 Grade 1 0 0 0 Grade 1 Bar 0 0 0 Directorate Total 10 27 37 31
Table 11: HR & OD Directorate Staff Grades Male Female Total Directors 0 1 1 Heads of Service 2 1 3 Grade 7 1 4 5 Grade 6 0 1 1 Grade 5 0 0 0 Grade 4 0 5 5 Grade 3 0 0 0 Grade 3 Bar 0 0 0 Grade 2 0 0 0 Grade 2 Bar 1 5 6 Grade 1 0 0 0 Grade 1 Bar 0 0 0 Directorate Total 4 17 21 32
Table 12: IT Directorate Staff Grades Male Female Total Directors 1 0 1 Heads of Service 4 0 4 Grade 7 4 0 4 Grade 6 2 0 2 Grade 5 3 0 3 Grade 4 8 2 10 Grade 3 0 0 0 Grade 3 Bar 11 0 11 Grade 2 0 0 0 Grade 2 Bar 0 0 0 Grade 1 0 0 0 Grade 1 Bar 0 0 0 Directorate Total 33 2 35 33
Table 13: Marketing & International Directorate Staff Grades Male Female Total Directors 1 0 1 Heads of Service 1 1 2 Grade 7 1 5 6 Grade 6 0 1 1 Grade 5 3 1 4 Grade 4 4 4 8 Grade 3 0 0 0 Grade 3 Bar 0 1 1 Grade 2 0 0 0 Grade 2 Bar 0 6 6 Grade 1 0 0 0 Grade 1 Bar 0 0 0 Directorate Total 10 19 29 34
Table 14: Planning & Administration Directorate Staff Grades Male Female Total Directors 1 0 1 Heads of Service 1 0 1 Grade 7 1 1 2 Grade 6 0 0 0 Grade 5 0 0 0 Grade 4 2 2 4 Grade 3 0 0 0 Grade 3 Bar 0 0 0 Grade 2 0 0 0 Grade 2 Bar 0 15 15 Grade 1 0 0 0 Grade 1 Bar 3 0 3 Directorate Total 8 18 26 35
Table 15: Quality Directorate Staff Grades Male Female Total Directors 0 1 1 Heads of Service 2 1 3 Grade 7 0 0 0 Grade 6 0 0 0 Grade 5 1 3 4 Grade 4 0 0 0 Grade 3 0 0 0 Grade 3 Bar 0 1 1 Grade 2 0 0 0 Grade 2 Bar 0 4 4 Grade 1 0 0 0 Grade 1 Bar 0 0 0 Directorate Total 3 10 13 36
Table 16: Student Services Directorate Staff Grades Male Female Total Directors 0 1 1 Heads of Service 0 2 2 Grade 7 0 2 2 Grade 6 1 5 6 Grade 5 0 2 2 Grade 4 2 9 11 Grade 3 0 0 0 Grade 3 Bar 10 20 30 Grade 2 0 0 0 Grade 2 Bar 4 17 21 Grade 1 1 1 2 Grade 1 Bar 0 0 0 Directorate Total 18 59 77 37
Academic Staff Table 17: Overall Academic Staff Staff Grades Male Female Total Head of School 50% (5 ) 50% (5 ) 100% (10 ) Head of Department 55% (17) 45% (14 ) 100% (31 ) Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 59% (29 ) 41% (20 ) 100% (49 ) 63% (31 ) 37% (18 ) 100% (49 ) Lecturer 50% (273 ) 50% (278 ) 100% (551 ) College Total 51% (355 ) 49% (335 ) 100% (690 ) 38
Table 18: School of Art & Design Staff Grades Male Female Total Head of School 1 0 1 Head of Department 2 1 3 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 4 2 6 1 0 1 Lecturer 28 25 53 School Total 36 28 64 39
Table 19: School of Business & Enterprise Staff Grades Male Female Total Head of School 1 0 1 Head of Department 2 2 4 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 1 2 3 5 4 9 Lecturer 29 46 75 School Total 38 54 92 40
Table 20: School of Community, Care & Social Sciences Staff Grades Male Female Total Head of School 0 1 1 Head of Department 0 2 2 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 0 3 3 2 1 3 Lecturer 15 34 49 School Total 17 41 58 41
Table 21: School of Computing Staff Grades Male Female Total Head of School 0 1 1 Head of Department 2 0 2 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 1 1 2 3 0 3 Lecturer 25 18 43 School Total 31 20 51 42
Table 22: School of Construction, Engineering & Energy Staff Grades Male Female Total Head of School 0 1 1 Head of Department 4 0 4 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 9 0 9 10 1 11 Lecturer 65 2 67 School Total 88 4 92 43
Table 23: School of Creative Industries Staff Grades Male Female Total Head of School 1 0 1 Head of Department 2 1 3 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 6 2 8 3 1 4 Lecturer 31 19 50 School Total 43 23 66 44
Table 24: School of Food, Hospitality & Tourism Staff Grades Male Female Total Head of School 1 0 1 Head of Department 2 1 3 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 1 1 2 3 6 9 Lecturer 21 37 58 School Total 28 45 73 45
Table 25: School of Hair, Beauty & Sport Staff Grades Male Female Total Head of School 0 1 1 Head of Department 1 3 4 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 1 3 4 1 4 5 Lecturer 15 53 68 School Total 18 64 82 46
Table 26: School of Languages & ESOL Staff Grades Male Female Total Head of School 0 1 1 Head of Department 1 1 2 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 0 3 3 1 0 1 Lecturer 16 31 47 School Total 18 36 54 47
Table 27: School of Nautical Studies Staff Grades Male Female Total Head of School 1 0 1 Head of Department 1 1 2 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 5 0 5 1 0 1 Lecturer 28 0 28 School Total 36 1 37 48
Table 28: School of Learning & Teaching General/Student Development Staff Grades Male Female Total Head of School 0 0 0 Head of Department 0 2 2 Curriculum Leader with Line Management responsibility Curriculum Leader without Line Management Responsibility 1 3 4 1 1 2 Lecturer 0 13 13 School Total 2 19 21 49
Appendix D: The Equality Act 2010 The full Equality Act 2010 can be accessed through this link: Equality Act 2010. Introduction and Protected Characteristics The purpose of the Equality Act is to streamline, strengthen and harmonise 40 years of equalities legislation. The Act establishes 9 protected characteristics. These are: Age. Marriage & Civil Religion or Belief. Disability. Partnership. * Sex. Gender Pregnancy & Maternity. Sexual orientation. Reassignment Race Public Sector Equality Duty (General Duty) A public authority must, in the exercise of its functions, have due regard to the need to: a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Act; * b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. * All protected characteristics (with the exception of marriage & civil partnership) are subject to the full duty. The duty also covers marriage & civil partnerships, with regard to section a) in employment. The public sector equality duty; can be accessed through this link: Equality Duty. Refer to Figure 1 below for further information: Figure 1. 50
Public Sector Specific Equality Duties (Scotland) The final regulations, which came into effect on 27th May 2012, can be accessed through this link: Specific Duties (Scotland). Duty to Report Progress on Mainstreaming the Equality Duty Publish a mainstreaming report on the progress made to make the general equality duty integral to the exercise of its functions so as to better perform the duty: o No later than 30th April 2013; and o Subsequently at intervals of no more than 2 years, beginning with the date on which it last published a report. Duty to Publish Equality Outcomes and Report Progress Prepare and a publish a set of equality outcomes, which is considered to enable better performance of the general equality duty: o No later than 30th April 2013; and o Subsequently, at intervals of no more than 4 years, beginning with the date on which it last published a set of equality outcomes. In preparing a series of outcomes: o Take reasonable steps to involve persons who share a relevant protected characteristics/those who represent the interests of those persons; and o Consider relevant evidence relating to persons who share a relevant protected characteristic. Publish reasons if equality outcomes do not cover every relevant protected characteristic in relation to further the general equality duty. Publish a report on the progress made to achieve the published equality outcomes: o No later than 30th April 2015; and 51
o Subsequently, at intervals of no more than 2 years, beginning with the date on which it last published a report. Duty to Assess and Review Policies and Practices Assess the impact of applying a proposed new or revised policy or practice against the needs of the general equality duty. In making the assessment, consider relevant evidence relating to persons who share a relevant protected characteristic (including any received from those persons). In developing a policy or practice, take account of these results. Publish, within a reasonable period, the results of any assessment made. Make arrangements to review and revise any policy or practice to ensure that it complies with the general equality duty. Any consideration as to whether or not it is necessary to assess the impact of applying a proposed new or revised policy or practice is not to be treated as an assessment of its impact. Duty to Gather and use Employment Information Take steps to gather information on the number and relevant protected characteristics, in each year, of the: o Composition of the authority s employees; and o Recruitment, development and retention of employees. Use this information to better perform the general equality duty. Report progress within the mainstreaming report, including: o Annual breakdown of information gathered, which has not been previously published elsewhere; and o Details of the progress made in gathering and using that information to enable it to better perform the general equality duty. 52
Duty to Publish Gender Pay Gap Information Publish information on the percentage difference among staff between men s average hourly pay (excluding overtime) and women s average hourly pay (excluding overtime). Publish this information no later than 30th April 2013 and every second year thereafter. Duty to Publish Statements on Equal Pay, etc Publish a statement containing the required information no later than 30th April 2013 and every fourth year thereafter. The statement must specify the policy on equal pay among its employees between: o Women and men; o Persons who are disabled and persons who are not; and o Persons who fall into a minority racial group and persons who do not. The statement must specify occupational segregation among its employees in relation to the concentration of: o Women and men; o Persons who are disabled and persons who are not; and o Persons who fall into a minority racial group and persons who do not. The first statement (therefore no later than 30st April 2013) must contain information on women and men. The second statement (therefore no later than 30st April 2017) and subsequent statements must contain information on gender, disability and race. 53
Duty to Consider Award Criteria and Conditions in Public Procurement When relevant and proportionate to the subject matter of an agreement for goods, works, or services, institutions should have due regard to whether the award criteria of the agreement and the contract conditions relating to the performance of the agreement should include considerations relevant to its performance of the general equality duty. Duty to Publish in a Manner that is Accessible, etc. When producing the mainstreaming report, outcomes and subsequent progress, gender pay gap information and equal pay statements, the authority must: o Publish in a manner that makes the information published accessible to the public; and o So far as practical, employ an existing means of public performance reporting. 54
Figure 1: The General Duty of the Equality Act 2010 Components A public authority must, in the exercise of its functions, have due regard to the need to: Due Regard Having due regard specifically involves taking steps to: a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Act. b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. a) Remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic. b) Take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it. c) Encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. a) Tackle prejudice. b) Promote understanding. Due regard comprises two linked elements: proportionality and relevance. The weight that public authorities give to equality should be proportionate to how relevant a particular function is to equality. In short, the greater the relevance of a function to equality, the greater the regard that should be paid. 55