Equality outcomes and mainstreaming: report 2021

Annex B - Employee Equality Data Published with this document

Background

1. Section 149 of the Equality Act 2010 (the '2010 Act') places a general duty (known as the Public Sector Equality Duty (PSED) on public authorities to have due regard to: eliminating discrimination, harassment and victimisation; advancing equality of opportunity; and fostering good relations between persons who share a protected characteristic and those who do not. Scottish Ministers have supplemented the general duty by placing detailed requirements on Scottish public authorities through the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended).

2. The 2012 Regulations require listed public authorities (including the Scottish Government) to publish the following:

3. A report on the progress it has made to make the equality duty integral to the exercise of its functions so as to better perform that duty (Regulation 3). These reports must be published every two years. The Scottish Government's last report was published in 2019;

4. A set of equality outcomes which it considers will enable it to achieve a result that will further one or more of the needs mentioned in section 149(1) of the 2010 Act (Regulation 4). Sets of outcomes must be published every four years, with reports on progress published two years after the outcomes have been set. The Scottish Government's 2017 mainstreaming report included a new set of outcomes. This report provides a summary of progress over the period 2017–2021. A separate document sets out the outcomes for the period 2021–2025 and is published with this document.

4.1 An annual breakdown of the composition of the workforce and the recruitment, development and retention of employees with respect to, in each year, the number and relevant protected characteristics of staff, as well as details of the progress that the authority has made in gathering and using that information to enable it to better perform the equality duty (Regulation 6). This information must be published every two years, on the same cycle as those reports published in relation to Regulation 3 (see above). The mainstreaming report published in 2019 (see above) contained the relevant information on employees;

4.2 Information on the percentage difference among its employees between men's average hourly pay (excluding overtime) and women's average hourly pay (excluding overtime) (Regulation 7). This information must be published every two years, and was last published by the Scottish Government in 2019, as part of its mainstreaming report; and

4.3 A statement specifying the policy on equal pay as between: men and women; persons who are disabled and persons who are not; and persons who fall into a minority racial group and persons who do not. Simultaneously, it is necessary to show occupational segregation amongst employees, that is the concentration in particular grades and occupations of: men and women; persons who are disabled and persons who are not; and persons who fall into a minority racial group and persons who do not (Regulation 8). These statements must be published every four years, and were last published by the Scottish Government in 2017.

5. The Scottish Government's reporting requirements in 2021 are, therefore:

5.1 A report on progress on make the equality duty integral to the exercise of its functions (Regulation 3);

5.2 A summary of progress on the outcomes set in 2017 (Regulation 4);

5.3 The composition of the workforce, and use of that information (Regulation 6); and

5.4 Information on the gender pay gap (Regulation 7).

5.5 A statement specifying the policy on equal pay as between: men and women; persons who are disabled and persons who are not; and persons who fall into a minority racial group and persons who do not. Information on occupational segregation amongst employees, including grades and occupations of: men and women; persons who are disabled and persons who are not; and persons who fall into a minority racial group and persons who do not (Regulation 8).