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Scottish Executive and STUC Memorandum of Understanding: Paper on Fair Employment Practice and Effective Trade Unionism

Section Three: Examples of Fair Employment Practice in Scottish Executive NDPBs

Non-Departmental Public Bodies

The Executive is responsible for issuing guidance to non-departmental public bodies (NDPBs). Ministers approve public bodies' general terms and conditions of employment when the body is first established and thereafter only if significant change is proposed. Beyond that, public bodies have flexibility and discretion to establish and run their human resource systems provided they comply with employment legislation and meet the standards expected of public sector employees.

NDPB sponsor teams across the Executive ensure NDPBs are provided with information and guidance on any changes or additions to public sector employment standards or Scottish Executive commitments on personnel issues as they occur.

NHS Scotland

NHS Scotland is committed to the principles of fair employment practice being an exemplar employer. The NHS Reform Bill will place a legal requirement on NHS Scotland employers to have in place arrangements for the good governance of staff. This places staff governance on the same footing as clinical and corporate governance.

Responsibility for ensuring the aims of the Staff Governance Standard is met rests with the Human Resources Forum (see below). It is also responsible for taking forward issues that affect staff nationally so that a concerted NHSScotland view is reached. Recent HRF agreements have covered low pay and part-time workers public holiday entitlement. Progress towards meeting the Staff Governance Standard is audited by the Scottish Partnership Forum and Audit Scotland. Staff perception is gauged through the Staff Survey.

A key element in delivering fair employment practice is through the Partnership Information Network (PIN) Guidelines (see below) which have been prepared by the service for the service. These Guidelines have been prepared to promote fairness and equity of practice wherever an individual is employed in NHSScotland. There are currently 11 PIN Guidelines, ranging from, Family Friendly Policies and Dignity at Work to Facilities Arrangements and Dealing with Employee Concerns.

As part of its exemplar employer aims, NHSScotland is set to determining how it will deliver the concept of "Health Working Lives". This seeks to go beyond the statutory employment and health and safety duty of care. It is about ensuring everything an organisation does is based on fairness and equity, values staff and promotes their health and well-being, both in work and in their private lives, seeks to maximise employment opportunities and retain staff in useful employment.

Providing safe working conditions for doctors in training, who have traditionally worked very long hours, is a priority for the NHS. The New Deal for Junior Doctors was introduced in 1991, and amended through a new contract in 1999, to reduce their hours of work and provide better living conditions. From 1 August 2004, Junior Doctors will come progressively within the scope of the Working Time Regulations (WTR) which already apply to all other NHS employees. The WTR lay down an average maximum working week of 48 hours with daily and weekly rest requirements. The NHS is currently planning the changes necessary to successfully extend the Regulations to this group of staff.

Health Department: Centre for Change and Innovation (CCI)

The Centre for Change and Innovation works with Scottish Ministers, the Executive Health Department and all health bodies in Scotland to spread good practice in service redesign.

Flexible working practices are vital in helping to improve the recruitment, retention and utilisation of staff. The CCI have developed the Balanced Working Lives Programme for nurses and midwives to enhance and improve knowledge and commitment to flexible working practices within NHS Scotland. It works with frontline nurses and midwives and HR staff to:

• Share and develop models for flexible working
• Ensure staff understand their contribution to making the NHS an exemplar employer
• Support the implementation of staff governance and Partnership Information Network guidelines.

Health Improvement Strategy

As part of NHS Scotland, Health Scotland are committed to achieving and exceeding staff governance standards in respect of their employees. As an organisation working at national level to improve health in Scotland and reduce inequalities in health, many of their activities contribute to the promotion of fair employment practices in other organisations, both within the public and private sectors. Examples include:

• Host and manage the National Resource Centre for Ethnic Minority Health which is working directly to embed fair anti-discriminatory employment practices;
• Host and manage projects and programmes aimed at improving workplace health including Safe and Healthy Working which are directly working to develop the health of employees generally, thereby supporting good people management; also
• Promote fair employment practices through working to promote health in a variety of community settings, such as within the voluntary and education sectors, all of which contribute indirectly to the way in which employees are managed.

Staff Governance

Our Scottish Health Plan, 'Our National Health: A Plan for Action, a Plan for Change' ⁶, set out a number of challenges for the NHS, one of which was the establishment of the concept of staff governance for NHS Scotland. 'Partnership for Care' ⁷, the White Paper on health further strengthened the commitment to the effective delivery of staff governance through partnership working.

Staff governance focuses on how NHS Scotland staff are managed and feel they are managed. It is one of three pillars of the governance framework (alongside clinical and financial governance) within which NHS Boards, Special Health Boards and the Common Services Agency must operate. The commitment to staff governance is reinforced by the legislative underpinning within the NHS Reform (Scotland) Bill which ensures equal parity with the other two governance pillars. The Staff Governance Standard ⁸ supports the legislation and aims to improve how staff in NHSScotland are treated at work.

Staff Governance and its subsequent underpinning in legislation is a major achievement for NHS Scotland and a first for the United Kingdom. The development and implementation of this standard demonstrates the proactive approach of trade unions and professional bodies, NHS employers and the Scottish Executive Health Department to modern employment practices based on the concept of partnership working.

Partnership Information Network (PIN)

The Partnership Information Network aims to prepare people management guidance for the NHS in Scotland. The PIN Board has a balance of membership drawn from the NHS, including Health Board Managers and Trade Unions.

Guidance takes the form of PIN Guidelines, thoroughly researched and prepared on a partnership basis between Health Board Managers and Trade Unions. To date, there have been 11 Guidelines:

1. Managing Health at Work

2. Dignity at Work

3. Equal Opportunities

4. Employee Conduct

5. Facilities Arrangements

6. Personal Development

7. Family Friendly Policies

8. Management of Employee Capability

9. Staff Governance

10. Secondment

11. Redeployment

Human Resources Forum (HRF)

The Human Resources Forum (HRF) aims to ensure NHSScotland operates as an exemplar employer by developing national human resource policies and solutions, that agreements on HR issues are used consistently throughout Scotland and ensure that national agreements to support the modernisation and implementation agenda in Scotland are adopted consistently and fairly.

The HRF is co-chaired by one representative from a professional organisation and one employers representative. Membership is drawn from NHS Board Management, Trade Unions and Civil Servants.

Scottish Partnership Forum (SPF)

The Scottish Partnership Forum (SPF) provides a forum where Trade Unions, Professionals and NHS Scotland work together to influence national priorities and policy on health issues. The SPF is chaired by one representative from a professional organisation and one employer representative. Membership is drawn from NHS Board Management, Trade Unions and Civil Servants.

The SPF also ensures that the principles of partnership are practiced both in NHSScotland and the Scottish Executive. It champions partnership working between NHSScotland and other organisations and promotes and facilitates the behaviour changes that genuine partnership working entails.

Communities Scotland - Regeneration

Learning Connections

Tackling literacy and numeracy in the workforce both improves the employability of the individual and raises productivity and earning levels. Employers and trade unions can play a leading role in raising the demand for workplace learning by working together and with other stakeholders to motivate individuals to participate in lifelong learning.

Learning Connections manages and supports projects with employers (such as the Road Haulage Association) and the Trades Union movement aimed at increasing awareness of adult literacy issues and encouraging a range of approaches to literacy and learning. Communities Scotland work with organisations such as Jobcentreplus and the Scottish Union Learning Fund to assist them in the development of effective tools and sound literacy strategies.

Regeneration Department

Communities Scotland fund the PATH Training Scheme (Positive Action Training for Housing) and have two PATH trainees in the organisation. The aim of the Scheme is to seek to rectify the under-representation of minority ethnic people working in housing and to provide high quality training tailored to the needs of individual trainees.

In addition, a Communities Scotland Strategic Equality Group has been established to play a key role in strategic mainstreaming, making equalities a core issue across the organisation and embedding it in all its activities.

Communities Scotland - Regulation & Inspection

The relevant Performance Standard requires regulated bodies to embrace diversity, promote equal opportunities for all and eliminate unlawful discrimination in all areas of their work. This is a Guiding Standard and as such, it should be one of the principles underpinning everything that social landlords do.

In making an assessment against this standard Communities Scotland Regulation & Inspection examines fair employment and governance in Registered Social Landlords (RSLs) only. This assessment is whether an RSL can demonstrate that it is an equal opportunities employer and that its staff, governing body and wider membership reflect the community it serves. To do this Communities Scotland look at a number of different aspects, including what RSLs say they want to achieve in relation to fair recruitment and employment and how they put this into practice. In particular, whether RSL recruitment procedures are in line with legislative requirements and the equalities commissions' Codes of Practice; whether vacancies are being advertised and disseminated in ways that do not unfairly restrict the range of applicants; whether staff involved in recruitment and human resource management receive training on equal opportunities in recruitment and selection; and whether there are any practical barriers to employing staff with disabilities;

As a national priority, equalities issues are included within every published inspection report. Where they make recommendations for improvement on this issue, RSLs are required to address the recommendations in an improvement plan, which they will monitor on a periodic basis. Where they find particular examples of good practice Communities Scotland highlight these to share with other RSLs as a means of raising standards across the housing sector.

Scottish Agricultural Wages Board

Scottish Agricultural Wages Board sets standards of pay, holidays etc. for agricultural workers in Scotland in conjunction with employers and the trade union. The Board comprises 5 independent members appointed by Scottish Ministers and 12 members nominated by and representing the employers and the trade union (6 apiece).

Scottish Enterprise and Highlands and Islands Enterprise

A range of enterprise networks activity promotes good employment practice, including the range of support services to business through the small business gateway, the promotion of Investors in People, Business Learning Account pilots, establishment of the Highlands and Islands Equality Forum. The STUC made a number of recommendations including the inclusion of a good employment practice and partnership at work module in the Premier Adviser Programme and the mainstreaming of good employment practices through the Enterprise Networks' wider activities. These will be taken forward through continuing dialogue between the STUC, Scottish Enterprise and Highlands and Islands Enterprise.

Scottish Fisheries Protection Agency

Scottish Fisheries Protection Agency (SFPA) recruitment is on a basis of fair and open competition. SFPA offer equal pay and participated in the Executive's equal pay review.

SFPA have introduced Agency-specific anti-bullying and harassment policy, which was backed up by a new equal opportunities policy statement, which is being updated to take account of the wider aspects of equality and diversity.

In 2003 a joint Management/TUS Working Group was established to look into family-friendly policies, including consultation on assistance with the costs of a child-care voucher scheme. The aim is to produce a 'Family Friendly Pack', which will be made available to every member of staff in the Agency.

SFPA have a Staff Development Charter and are producing a Learning and Development Strategy. The SFPA subscribe to the principles of Investors in People and are committed to assisting their staff in the development of lifelong learning skills.

The SFPA have provided a Health, Safety and Environmental Protection Policy statement, a Health & Safety Committee for their shore-based staff and a Marine Safety Committee. They are currently producing a Health and Safety manual for shore-based staff. Systems are in place for all staff to report all accidents, incidents and dangerous occurrences. They have a Rehabilitation Policy for Fishery Officers less than fully fit at regular medical examinations. The Agency and the TUS have a Collective Agreement on the Working Time Regulations, which relates to daily and weekly rest periods for shore-based staff. The SFPA undertake an annual health & safety audit of every Fishery Office and they have a number of staff who are trained in providing display screen equipment assessments. The SFPA have introduced policies on Drug & Alcohol and Attendance Management and participate in the Scotland's Health at Work Scheme. They are also examining ways of introducing a scheme that will assist staff who are working alone in remote areas so that action can be taken in the event of an accident or other incident occurring.

Scottish Further Education Funding Council & Scottish Higher Education Funding Council

The Scottish Funding Councils for Further and Higher Education (SFC) have a number of specific fair employment policies and practices in place: These include:

• Equal Opportunities policy which promotes SFC views on diversity. A broad based policy introduced in 1988 covering a number of areas of equality that are only now, or are about to be covered by legislation (age, sexual orientation, religion etc..). This is being reviewed; .
• Flexible working policy - offering staff the opportunity to apply to change their working hours/practices;
• Flexitime - giving flexibility in working hours;
• Training and development - training and development activities for all staff based on prioritised needs relating to business requirements;
• Determination of pay - salary for new starters benchmarked against existing staff (where there are comparators) to ensure consistency and fairness;
• Occupational health - counselling support and some occupational health services to staff based on specific problems that affect their ability to work;
• Maternity/Adoptive leave - policies which exceed statutory minimums;
• Special leave - to support and help staff during times of particular difficulty
• Recruitment - recruitment procedure developed through consultation, promoting fair recruitment practices

Higher Education

Ministers have directed that the Scottish Higher Education sector demonstrate good practice in the management of HR and in the promotion of equal opportunities, and that institutions take action as required by disabilities and race relations legislation. Higher Education Institutions have also been asked to improve the continuing professional development of staff, and to ensure transparency and encourage the use of the Nolan principles in the appointment of University Principals.

The conditions of grant funding to HEIs will ask them to devise and implement strategies which address these areas, including guidance on human resources policies and management.

The Higher Education Funding Council have also been asked to report on the extent of use fixed term contracts for research staff and disadvantage in comparison to staff on permanent contracts. The Executive expects that institutions will reduce as far as possible the use of short term contracts. The Funding Council working on this with key stakeholders, including the AUT.

Scottish Prison Service

The Scottish Prison Service (SPS) aims to employ a diverse workforce and be an equal opportunities employer and a review of recruitment policies is currently underway. Annual Recruitment Audits take place to ensure it abides with Civil Service Recruitment Code rules.

The SPS has introduced pay systems designed to meet the requirements of the Modernising Government Agenda, and guarantee progression to the pay band maximum within a defined period. Trade unions were involved in these processes. SPS reviewed its pay systems in response to the Equal Pay Taskforce 'Just Pay' and found no evidence of discrimination. SPS Management and trade unions continue to monitor and review pay.

SPS also follows a number of policies to promote and support fair employment practices. This includes:

• Career Breaks and Part Time Working. Employees can apply to have flexible work pattern that meets the needs of their work-life balance.
• 'How to Challenge and Change Unacceptable Behaviour - A strategy to deal with Discrimination, Victimisation, Harassment and all forms of Unacceptable Behaviour' published in 1992 and revised in 2002.
• A mediation service - launched in 2001;
• an Equal Opportunities Forum meeting quarterly to make recommendations on policy development and to monitor diversity statistics.

The SPS also has a Safety Management System based on 4 Key Documents: its Health & Safety policy; an Annual Accident Prevention Programme; a programme of Fire Risk Assessments; Guidelines on Management Responsibility; and information on the Corporate Health & Safety Services.

Each prison establishment has a local Health & Safety Co-ordinator. All Fire Safety Officers have been trained in fire safety and fire risk assessment.

The SPS is committed to implementing the Government strategy 'Securing Health Together' ⁹, launched in July 2000. Its occupational health and, health & safety strategies have combined goals which seek to reduce the amount of accidents in the workplace, to stop people at work becoming ill, and if they do, to get them back to work as soon as possible. A policy is currently being piloted to address issues of stress in the workplace. This policy combined with proactive initiatives such as a staff Employee Assistance Programme and Welfare Service and outsourced occupational health provision, is designed to identify and deal effectively with work related stressors early, preventing or minimising potential sick absence. SPS works closely with Scottish Health at Work (SHAW). Trade unions are engaged in SPS health & safety management through local and national Health & Safety Committees.

A Partnership Agreement has been agreed between the SPS Management and the Prison Officers' Association (Scotland), Public and Commercial Services Union, Prospect, and the Royal College of Nursing, who collectively form the SPS Trade Union Side (TUS). This agreement promotes and actively supports fair employment practice. Each Establishment is provided with funding for a Partnership Liaison Representative to assist with this process.

The SPS is committed to promoting equality of opportunity for all and to raise awareness amongst employees of discriminatory attitudes and behaviour. Equality and Diversity Training features in the newly launched Performance Contracts for Establishments. The SPS published a Race Equality Scheme in November 2003. The Equal Opportunities Forum monitor its progress and will roll out race equality action planning to Establishments. The Race Relations Liaison and Monitoring Group (RRLMG) chaired by the Deputy Director of Operations, meet bi-monthly and makes recommendations on policy and review racial complaints of prisoners. The SPS continue to work in partnership with the West of Scotland Racial Equality Council and has committed an employee to a secondment post. A key area where the SPS plan to make improvements in is the recruitment of black and minority ethnic employees.

SPS Procurement contracts include conditions which require suppliers and contractors to comply with every provision of the law, which prohibits discrimination in relation to employment on the grounds of sex, colour, race, ethnic or national origin or religion. In addition, all contracts awarded by SPS now have a standard clause dealing with Race Relations.

Scottish Public Pensions Agency (SSPA)

SPPA recruitment policies include inviting applicants to sit a written test rather than looking for only those applicants with the minimum qualifications. SPPA also welcomed a Disability Placement in conjunction with Outreach.

On site Health & Safety training has been delivered to all managers and local committee has been established with volunteer staff taking responsibility for health & safety matters. Risk and workplace assessments are undertaken when staff moves take place.

SPPA have established a network of Health & Safety Liaison Officers (HSLOs) to catalogue workplace risk assessments for SPPA and provide display screen assessment training, and support and advice for staff. Trade unions are copied quarterly workplace inspection reports that contain records of the accident/incident occurrences and details of investigations and actions arising.

Following consultation with the trade unions the SPPA is considering terms of reference for the Agency's H&S Committee which will help to improve communication of health and safety information and ensure the partnership between employer and employee. It will also provide an opportunity to promote safer working and a better environment.

The SPPA have a local partnership agreement with unions in place and unions are included in new staff induction events. All trade union representatives are receiving training for their role.

SPPA also actively promote the business benefits of family friendly policies. Term time working and home working are two of the arrangements currently in place.

Scottish Social Services Council

The Scottish Social Services Council (SSSC) has a number of initiatives in place to support and promote fair practice throughout all its activities including employment. They have been developed in partnership with the trade union and include:

• Partnership Working Agreement between SSSC and Unison
• Joint agreement with the Care Commission and 3 other trade unions (GMB, TGWU & RCN)
• Flexible, modern and supportive terms and conditions of employment
• Flexible Working Hours Scheme
• Flexible Working Policy which has extended the right within the Employment Act 2002 to request a flexible working arrangement for all staff
• Equal Opportunities Policy and Code of Practice on employment
• Dignity at Work Policy

Scottish Water Partnership Councils

Scottish Water established Company Council and Business Unit Councils in April 2002, consisting of Trade Union and Management representatives, including the Chief Executive, HR Director and Employee Relations General Manager. Business Unit Councils at Division address local business issues and are likewise chaired by relevant director.

A trade union based training establishment was jointly selected and engaged to enable Trade Unions and Management to share each others perspectives and the challenges ahead from their perspectives.

Scottish Water intends to continue to build on the present Partnership Foundations. By addressing issues and challenges openly and honestly, the outcomes have universally been better than by use of traditional employee relations 'bargaining' approaches.

Tourism

The Executive worked closely with trade unions with VisitScotland on developing the present system of Area Tourist Boards into an integrated tourism network based on VisitScotland, as part of the project will result in changes to many of the jobs undertaken by more than 700 staff of the present ATBs.

Scottish Executive

November 2004

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