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CHAPTER 6 - THE SCOTTISH GOVERNMENT AS AN EMPLOYER

6.1 The Scottish Government employs around 8000 staff. Our role as an employer is subject to the gender equality duty.

About the diversity team

6.2 The Diversity Team forms part of the Government's Employee Relations and Reward Team and is located within the Human Resources Division in the Office of the Permanent Secretary ( OPS). This chapter should be read in conjunction with the Administration action plan in chapter 10. The Team has lead responsibility for providing advice and guidance on the Scottish Government's employee policies on equal opportunities and diversity and also for implementing our Diversity Strategy and Diversity Delivery Plan.

6.3 The Team also undertakes outreach and awareness-raising activity, both internal and external, and supports the Scottish Government's staff networks.

Our existing policies and strategies

Equal opportunities and diversity policies

6.4 The Scottish Government's employee policy on equal opportunities is that all staff should be treated equally irrespective of their sex, marital or civil partnership status, age, race, ethnic origin, sexual orientation, disability, religion or belief, working pattern, employment status, gender identity, caring responsibility, or trade union membership.

6.5 In addition we are committed to increasing the diversity of staff and development opportunities for all within the organisation.

Diversity Strategy

6.6 The Scottish Government's 5-year Diversity Strategy, "Positive about You", was launched in November 2000. Following a review to ensure that it remained fit for purpose, it was re-launched as "Positive about You - 2004 and Beyond", in December 2004. The revised Strategy placed a renewed focus on the mainstreaming of diversity across the organisation and aimed to consolidate the substantial progress that had already been made.

6.7 This was supplemented by the Scottish Government's Departmental Diversity Delivery Plan, published in July 2006. Work on a future Civil Service diversity strategy is currently underway and a launch is planned for summer 2008.

Diversity Delivery Plan

6.8 As part of the Cabinet Office initiative, "Delivering a Diverse Civil Service - a Ten Point Plan", the Scottish Government, in common with other Government Departments, has published its Diversity Delivery Plan. The plan sets out how we plan to change the culture of our organisation and reap the benefits that having a diverse organisation brings.

6.9 The plan's progress is overseen by the Scottish Government's Diversity Forum: a group of key diversity policy leads from across the organisation and is chaired by its Diversity Champion. It also is monitored by the Cabinet Office Diversity Champions' Network. In addition, in summer 2007, the Scottish Government set up a Workforce Equalities Taskforce of senior staff with a diversity and equality interest to accelerate progress on the diversity agenda.

SCOTTISH GOVERNMENT PROGRESS - DIVERSITY TARGETS, APRIL 2008

* Figures to be treated as confidential to preserve anonymity (numbers less than 5).
** No target set
*** Most recent figures
**** Senior Civil Service Pay Band 2 and above (Top management posts).
***** Information currently unavailable from the e- HR system.

Gathering information on gender equality and diversity policies

6.10 Under the gender equality duty we are required to set out the actions we have taken, or intend to take, to gather information on the effect of our policies and practices on men and women and in particular the extent to which they promote equality between male and female staff. We use a number of systems for gathering this information and details of these are set out below.

Recruitment

6.11 As part of our recruitment process, information on gender is obtained from staff at the time of application and entry to the SG and is recorded on the HR database system, as is information on ethnicity and disability. Details of disability and ethnicity are held confidentially and are available only to selected HR staff on a "need to know" basis.

6.12 We are aware that the gender identity of transgender people and their right to privacy can be compromised when contacting former employers as part of the recruitment process. We will not contact former employers unless an individual has already informed their previous employers of the need to amend their records which show that person's new name and acquired gender only. We will respect the confidentiality of applicants so they do not have to disclose a previous gender identity if they do not wish to do so.

Retention

6.13 The Diversity Team, in conjunction with our Management Information Team, undertakes the key reporting role on equal opportunities and diversity issues for the Scottish Government as an employer. We report to our People and Business Innovation Group on a regular basis on a wide range of staffing issues, including turnover, attendance and progress towards our targets for under-represented groups: women in senior posts, disabled staff and those from a minority ethnic background. In addition, the Management Information Team also provides an annual submission to Cabinet Office as part of the UK-wide collection of information on civil servants.

Development

6.14 We record information on staff progress through the organisation in our HR database and some of this is evidenced in the progress towards our diversity targets. A new additional learning management module for our electronic human resources system is currently in the process of being developed. This system will provide a platform for staff and mangaers to record their planned and actual learning activities and also any learning activity that has been refused or not undertaken. This will allow us to ensure that all staff are accessing and undertaking learning opportunities at the same rate. If particular groups are under-represented in relation to any of our development opportunities we will take steps to encourage applications from these particular groups and make adjustments to training methods and timetabling if possible.

6.15 We also gather information on a range of other HR policies and in a variety of ways, including:

Dignity at work

6.16 Our Dignity at Work policy aims to eliminate discrimination, bullying, harassment and victimisation. This includes sexual harassment and sex discrimination; we are also fully committed to protecting staff members from bullying, harassment and victimisation on the grounds of gender identity. As part of our monitoring of the policy, we gather detailed information on an annual basis on every case recorded to enable us to identify and act on any incidents of discrimination or other unacceptable behaviour. If a complaint of discrimination or any other form of unacceptable behaviour is raised, this is fully and independently investigated using the process set out in the policy. If it is decided that the complaint is well-founded, action will be taken under the SG's disciplinary procedures. Depending on the type of complaint, the penalty can be up to, and including, dismissal. Further training can also be recommended.

Performance management

6.17 The effective operation of the Performance Management System will make an important contribution to meeting our commitment to gender equality by ensuring all staff are valued for their individual contribution and their performance is assessed fairly. All staff have a responsibility to ensure that their participation in the performance management process supports the Scottish Government's diversity agenda. We review all markings given under the Performance Management System to ensure that the system is free from bias and undertake regular equal pay reviews to ensure that our pay system is transparent and non-discriminatory. From 2008, all staff will have a personal diversity objective as part of their performance appraisal.

Employee consultation

6.18 We consult all of our staff on a regular basis, both directly through our staff networks, including our Disability, LGBT, Alternative Working Patterns and Carers Networks, and in other communications where input is required for our policy review process. We have also now established a Senior Women's Network, which will also play a key role in future consultation and policy development. A representative from this Network sits on our Workforce Equalities Taskforce. Our annual employee survey also gathers a wide range of information from staff, which includes a range of equalities information.

Transgender

6.19 The Scottish Government works particularly closely with its Lesbian, Gay, Bisexual and Transgender ( LGBT) staff network, consulting members regularly on relevant policy issues, including our Gender Reassignment Policy, which was published in April 2006.

6.20 Throughout this scheme, when we refer to women and men, we do, of course, include transgender women and men. We want to make sure that transgender women and men are not treated as a "different" or "separate" sex, but treated and engaged with exactly as they would want to be, as women and as men. We will work to raise awareness of transgender issues and to promote equality for all women and men across the organisation.

6.21 An excellent guide for staff and managers, which takes a detailed and sensitive approach to how an organisation can improve its policies and practices for transgender people, was published by the Home Office in 2006. Our approach has been very much informed by that guidance and we intend to use that document as the reference tool for our own policies and practices ( The Workplace and Gender Reassignment: A Home Office Guide for Staff and Managers).

6.22 We recognise that there are a number of key areas where we could improve our policies and practice for the benefit of transgender women and men and that these areas relate to the following administrative processes, which may, on the surface seem benign, but which, if amended can be of great benefit to transgender women and men working in our organisation and those recipients of our services.

6.23 Privacy: we recognise that transgender people have the right to privacy and dignity at work and that their personal circumstances and experiences are not for disclosure or discussion in the workplace. We know that a person's transgender status is of no relevance to an individual's ability to work effectively within an organisation, unless other people working in our organisation, through ignorance and/or prejudice, make it an issue.

6.24 Disclosure: we recognise that the gender history of any individual staff member is part of that individual's personal and private history and that confidentiality and respect is paramount. We recognise that unauthorised disclosure of a person's gender history is in direct contravention of the Gender Recognition Act.

6.25 Recruitment: we recognise that the recruitment process can be very off-putting for transgender women and men, particularly if that recruitment process requires contact with previous employers. The right of a transgender person to live fully in their acquired gender will be respected and we would not expect a transgender person to disclose information which threatened that right to privacy.

6.26 We recognise that a transgender person who changes their gender identity before entering Scottish Government employment is under no obligation to inform management or their colleagues about their transition. When a transgender person volunteers this information to HR, we recognise that we cannot and we will not disclose that information without that person's explicit consent.

6.27 Employment: Although a person who has changed their gender identity before coming to work for the Scottish Government is able to maintain their anonymity, we recognise that for those members of staff who undergo their transition whilst remaining in the same workplace, that anonymity and privacy is not possible. We want to ensure that all people who transition whilst remaining in employment with the Scottish Government are treated with sensitivity and support and this includes being appropriately supportive and understanding in terms of necessary absences from work. We will not tolerate harassment or bullying. Should the employee wish to move to another post within the Scottish Government, we will do what we can to redeploy that person to best suit their needs and circumstances. When a person returns to work after their transition, we will do everything we can to ensure that their return is treated with sensitivity and care. We understand that transgender people simply want to be accepted in their acquired gender and will want the workplace to be as normal and everyday as possible. We do appreciate that after transition, transgender people may need support in the workplace, and we will do all that we can to ensure that transgender people feel supported, valued and respected.

6.28 Records Management: we know that, when an existing employee of the Scottish Government undergoes transition, we will need to ensure that all their records are updated to reflect their acquired gender identity. We do not want the privacy of transsexual employees to be inadvertently disclosed because our records management has not been sufficiently robust. We will ensure that all the records pertaining to transsexual employees are updated quickly and efficiently to ensure that the right to privacy and confidentiality is maintained at all times. When applying for a new security pass to reflect their new gender, transsexual employees should return their old pass and apply for a new one, on the same basis as for a new employee. This process should be carried out as quickly and efficiently as possible to support a smooth transition.

6.29 We will ensure that all Scottish Government employees are aware that to disclose or to discuss the transsexual status of employees may constitute an offence under the Gender Recognition Act, particularly if knowledge of that person's status has been acquired in an official capacity. We will ensure that staff are aware that they should maintain strict confidentiality at all times and should never breach an individual's right to privacy.

6.30 We are committed to continuing to work with our LGBT staff network and the trades unions to improve our performance on transgender issues.

Using information in meeting the gender equality duty

6.31 Under the gender equality duty we are required to set out the actions which we have taken, or intend to take, for using the information that we have gathered to help us review the effectiveness of the action that we are taking and inform future schemes. The details of how we aim to meet this requirement are set out below.

6.32 The information we gather is used on an ongoing basis as part of the monitoring and equality proofing of all of our HR policies. If evidence of discrimination or unfair treatment is apparent from any of our monitoring procedures, we will consider this further and put in place remedial action as required, e.g. by adapting existing policies or processes to eliminate such discrimination. Once any changes have been made, we would then seek feedback from staff and stakeholders to ensure that they are effective. We will review each of our policies on a regular basis, seeking the views of equality groups as appropriate, and taking any action to address evidence of inequality. We will also ensure that the procedures that arise from those policies take account of equality issues. We recognise that our monitoring processes need to be extended beyond recruitment and promotion and that we need to understand better whether there are gendered differences in terms of grievance procedures, uptake of reasonable adjustments, training opportunities, special leave, flexible working practices, sick absences, and special bonus schemes.

6.33 Our Diversity Delivery Plan set out a range of action points across all equality strands and these have been reviewed every six months by the Diversity Forum. Each lead policy officer summarises recent action in each of their policy areas and future actions are agreed by the Forum members. The Plan has also been reviewed at a Cabinet Office level by the Diversity Champions' Network, which ensures that directorate action is supporting the wider Civil Service agenda and that progress continues to be made towards our targets. Progress towards our diversity targets is also monitored internally on a quarterly basis and we will take steps, as appropriate, to address any issues arising from this information.

6.34 We take the following action to ensure our policies and practices promote equality between male and female staff:

Recruitment

6.35 We will monitor all aspects of our resourcing policy to ensure that there is no inherent bias or discrimination and that all staff and applicants are able to join and progress through the organisation on an equal basis.

Development

6.36 We will monitor our training provision, in particular our management development courses, as far as we are able to ensure that both men and women are afforded an equal opportunity to progress through the organisation. We will also encourage applications from any groups who may be under-represented in any particular area of development training to ensure there is equality of opportunity across the organisation and make available flexible training opportunities for staff who work a non-standard pattern.

6.37 In addition we will use our ongoing mentoring initiatives to enhance opportunities for all staff, particularly those who are under-represented at more senior grades. We will also play a full part in ongoing Cabinet Office diversity initiatives, including the Leaders UnLtd. Programme, to accelerate diversity progress both within the Scottish Government and across the wider Civil Service.

6.38 We will also use our Senior Women's Network to support and encourage the development of women throughout the organisation, particularly in the senior civil service and in senior civil service feeder grades by sharing experience, particularly examples of good practice at work; and devising and promoting ways to tackle issues and practices which have an impact particularly on women.

Retention

6.39 Although the current Scottish Government staff turnover rate is very small, we are committed to the retention of all of our staff. The Diversity Team and HR Professional Advisers Unit work closely to ensure that this is achieved through the provision of professional advice and through practical support. Information on the success of this strategy is obtained on a case-by-case basis as issues arise. We will also monitor more closely the reasons for staff leaving the organisation and use evidence from this to address any areas of inequality or unfair treatment in our policies and processes. We will consider the results of our employee survey to identify any areas where our policies may be impacting unequally on men or women; where staff may be feeling undervalued or feel that they have not been treated fairly by the organisation and take remedial action as appropriate.

Involving our staff

6.40 The Government is keen to work closely with all staff to ensure that their needs are met and that we continue to make improvements within the workplace. We will liaise closely with all of our staff networks to ensure that we are including all views and perspectives in developing our policies and practices. We will also continue to raise awareness of gender issues through a range of initiatives to be taken forward through the future Civil Service Strategy.

6.41 We will hold regular meetings with our trades unions to consider and address diversity matters, including gender issues.

Further action

6.42 During the process of consultation (see chapter 3) representatives from the trades unions raised a number of issues about HR policies and where they thought we could improve our performance on gender equality, we have included action points based on that consultation below:

• We will ensure that Scottish Government staff are trained in equality and diversity issues so that all employees are aware of their rights and responsibilities under the anti-discrimination and equality legislation.
• We will ensure that staff are aware of their responsibilities with reference to gender reassignment legislation, particularly with reference to privacy and confidentiality.
• We recognise that equality training is vital if we are to successfully implement the three public sector equality duties and there should be a consistent approach to this across the organisation.
• We will make sure that diversity issues are considered by all of our policy makers and a section on equality impact assessment is including in our business planning toolkit.
• From 2008, all staff will have a personal diversity objective as part of their performance appraisal.
• We will continue to undertake regular equal pay reviews and we will address concerns about the action taken by the Scottish Government as a result of those reviews, this includes strict monitoring and evaluation of the special bonus scheme.
• We will continue to gather equalities information as part of the employee survey and analyse this to allow us to identify any issues that may need to be addressed in relation to any particular equality group. We will also consider how to make better use of the Employee Survey, so as to be able to collect better information about the extent and level of informal working practices and to better understand the organisation's gender equality issues.
• We will continue to raise awareness of flexible working opportunities, particularly amongst those groups of staff who are under-represented.
• The benefits of our childcare voucher scheme will be more widely promoted amongst staff with childcare responsibilities.
• To enhance our recruitment processes, our Recruitment Working Group will consider best practice, including the use of positive action measures, targeted recruitment and enhanced market knowledge.
• To make best use of good practice, we will undertake regular benchmarking exercises across the public, private and voluntary sectors.
• We recognise that women and men are disproportionately represented across the grades, with women being over-represented in the lower grades and men being over-represented in senior positions. We will continue to consider the causes for this vertical segregation and introduce measures to address the imbalance across the organisation.
• We will ensure that training and development opportunities are available to all staff members. Women are disproportionately represented in the lower grades of the Scottish Government: we recognise that if training opportunities are predominantly focussed on higher grades then this significantly disadvantages women who may not be able to take advantage of opportunities to develop the right skills to progress in their career.
• We will consider what further action we can take to ensure that the working practices of the Scottish Government are truly family friendly and take full account of the caring responsibilities of women and men who work for the organisation. We will improve our monitoring and evaluation of the take up of flexible working practices across the organisation.

6.43 We will also progress the action plan set out below:

HR Action Plan

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