Equality, diversity and human rights: NHSScotland PIN policy

APPENDIX 2

Extract from European Convention of Human Rights - Employee Information & the Public Sector Equality Duty - a Guide for Public Authorities (Scotland)

What the Specific Duties require in terms of employee information

Duty to gather and use employee information

The specific duties require each listed authority to take steps to gather information on the composition of the authority's employees (if any) and information on the recruitment, development and retention of people as employees of the authority with respect to, in each year, the number and relevant protected characteristics of such people.

The authority must use this information to better perform the general equality duty.

Each listed authority must also publish a mainstreaming report, on the progress it has made to make the general equality duty integral to the exercise of its functions, so as to better perform that duty.

This report must include an annual breakdown of information gathered by the authority which has not been published previously in such a report on the composition of the authority's employees, as well as the recruitment, development and retention of people as employees of the authority with respect to, in each year, the number and relevant protected characteristics of such people, and details of the progress that the authority has made in gathering and using that information to enable it to better perform the general equality duty.

The first report on mainstreaming the general equality duty must be published not later than 30 April 2013 and subsequently at intervals of not more than two years.

Duty to publish gender pay gap information

A listed authority must publish information on the percentage difference among its employees between men's average hourly pay (excluding overtime) and women's average hourly pay (excluding overtime), no later than 30 April 2013, and each second year after that.

The information published must be based on the most recent data available for a date when the authority had at least 150 employees. No publication is necessary if, since these regulations came into force or since publication was last due, the authority did not have 150 employees at any point.

Duty to publish statements on equal pay, etc.

A listed authority must publish a statement on equal pay, no later than 30 April 2013, and each fourth year after that.

The first time a listed authority publishes a statement on equal pay it is required to specify its policy on equal pay among its employees between women and men, and information on occupational segregation, being the concentration in particular grades and in particular occupations of women and men.

Subsequently a listed authority is required to publish its statement on equal pay, which must specify its policy on equal pay among its employees between women and men, and people who are disabled and people who are not, and people who fall into a minority racial group and people who do not.

It is also required to publish information on occupational segregation, being the concentration in particular grades and in particular occupations of women and men, persons who are disabled and people who are not, and people who fall into a minority racial group and persons who do not.

The information published must be based on the most recent data available for a date when the authority had at least 150 employees. No publication is necessary if, since these regulations came into force or since publication was last due, the authority did not have 150 employees at any point.