Equality Outcomes and Mainstreaming Report 2013

Annex J

Gender pay gap and occupational segregation data

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

Duty to publish gender pay gap information and duty to publish statements on equal pay, etc.

Introduction and notes:

1. The Schedule to the Regulations provides a list of public authorities. Under a general heading of "Scottish Administration" the following are listed:

• The Scottish Ministers
• Keeper of the Records of Scotland
• Keeper of the Registers of Scotland
• Registrar General of Births, Deaths and Marriages for Scotland
• Scottish Court Service

2. The authority "Scottish Ministers" includes employees of the Scottish Government, Historic Scotland ( HS), Scottish Prison Service ( SPS) and the Crown Office & Procurator Fiscal Service ( COPFS).

3. The "Keeper of the Records of Scotland" and "Registrar General of Births, Deaths and Marriages for Scotland" make up the National Records of Scotland ( NRS) which for staff employment purposes falls within Scottish Government. The Information for Scottish Government is inclusive of NRS but details for NRS are also shown separately.

4. The Keeper of the Registers of Scotland and Scottish Court Service publish their own data under the Regulations.

5. The national figure for the gender pay gap in Scotland is 13.9% ( ASHE, 2012. Based on average, full time hourly earnings). This report publishes pay gap information for SG Main (5.7%), Historic Scotland (2.1%), the Scottish Prison Service (11.6%) and the Crown Office and Procurator Fiscal Service (9.2%). All of these are below the national figure for Scotland, however, several are out with the accepted tolerance of 5%. The reason for this is that while men and women doing equal work receive very similar average salaries, each organisation may have more women in lower pay ranges which lowers the overall average salary. It should be noted that very low gaps exist at individual grades within each organisation.

6. The information for Scottish Government is at Annex Ja , Historic Scotland at Annex Jb , Scottish Prison Service at Annex Jc and Crown Office & Procurator Fiscal's Office at Annex Jd .

7. All data is accurate as at 31 January 2013.

Annex Ja

SCOTTISH GOVERNMENT

1. Contents

• Gender pay gap information is provided at Appendix 1 to Annex Ja
• Statements on equal pay and information on occupational segregation are provided at Appendix 2 to Annex Ja
• A general description of duties within grades is provided at Appendix 4 to Annex Ja

2. The Scottish Government has 3 groups of staff each with separate sets remuneration arrangements. For this reason the three staff groups have been listed separately under gender pay gap information and occupational segregation. The 3 pay groups are:

• Scottish Government Main bargaining unit ( SGM)
• Scottish Government Marine bargaining unit (SGMarine)
• Senior Civil Service ( SCS)
• (Further information on the make-up of the pay groups is supplied at Appendix 3 to Annex Ja )

3. The Senior Civil Service is reserved to the UK Government. While the members of the SCS are Scottish Government employees, their remuneration is in line with UK Cabinet Office pay and performance management framework.

4. In addition there are a total of 58 staff (individuals and small groups), the majority of whom have retained the terms and conditions of previous employers under the Transfer of Undertakings (Protection of Employment) Regulations ( TUPE). These staff have not been included in this report.

5. In the gender pay gap information, details of SGMarine have been not been included. Within this group there are only 3 female members of staff and such a small number does not lead to statistically significant analysis.

6. In the gender pay gap information details are given of the average hourly rate of pay for men and women within each pay bargaining unit (except SGMarine - see above). This information has been withheld where the total number of staff within any grade is less than 5 to ensure that individual rates of pay cannot be calculated. This is indicated in the tables by an asterisk ("*"). Where withholding this information might subsequently lead to other personal information being available, further information has been withheld and is indicated by "#".

7. The Scottish Government does not currently hold sufficiently detailed information to allow a breakdown of "occupational segregation" in SGM and SCS. For the purposes of this report, therefore, details have been given of the concentration of men and women within each pay range/grade.

Appendix 1 to Annex Ja

Duty to publish gender pay gap information

8. "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)"

9. The national figure for the gender pay gap in Scotland is 13.9% ( ASHE, 2012. Based on average, full time hourly earnings). Within the Scottish Government where men and women are undertaking work of equal value they are paid similar a similar average hourly rate and consequently the pay gap is low. The Equality and Human Rights Commission set tolerance levels of 3% and 5%.

10. However, the overall pay gap for SGM is 5.7%. The reason for this is that the Scottish Government has more women in lower pay ranges which lowers the overall average salary.

	Women's average hourly pay	Men's average hourly pay	Gender pay gap
SGM
A3	£8.20	£8.20	0.0%
A4	£9.13	£9.19	0.6%
B1	£11.04	£11.10	0.6%
B2	£13.24	£13.30	0.4%
B3	£17.33	£17.37	0.2%
BFS	£13.91	£14.13	1.6%
C1	£22.57	£22.50	-0.3%
C2	£27.53	£27.54	0.0%
C3	£29.43	£29.71	0.9%
Legal Trainee	#	*	-2.8%
			5.7% (Total SGM)
NRS
A3	£8.27	£8.29	0.2%
A4	£9.28	£9.09	-2.1%
B1	£11.26	£10.95	-2.9%
B2	£13.33	£13.40	0.5%
B3	£17.59	£17.72	0.7%
C1	£22.73	£22.91	0.8%
C2	*	*	-10.6%
C3	*		N/A
			0.6% (Total NRS)

SGMarine
No information given as the small number of female employees does not lead to a statistically significant analysis.
SCS
Deputy Director 1	£31.94	£31.45	-1.6%
Deputy Director 1A	£38.45	£37.34	-3.0%
Director	£42.66	£44.61	4.4%
Director General	*	*	-4.8%
Permanent Secretary		*	N/A
			-0.7% (Total SCS)
NRS ( SCS)
Deputy Director 1	*	*	2.1%

Appendix 2 to Annex Ja

Duty to publish statements on equal pay etc.

• A listed authority must publish a statement containing:
  • The authority's policy on equal pay among its employees between men and women
  • Occupational segregation among its employees, being the concentration of men and women in particular grades and particular occupations.

Equal Pay

11. "The Scottish Government is an equal opportunities employer and all staff should be treated equally irrespective of their sex, marital/civil partnership status, age, race, ethnic origin, sexual orientation, disability, religion or belief, working pattern, employment status, gender identity (transgender), caring responsibility, or trade union membership, and receive equal pay for doing equal work or work of equal value. The Scottish Government will operate a pay and reward system which is transparent, based on objective criteria and free from bias."

12. The Scottish Government will work with the recognised trade unions in examining all components of the SGM and SGMarine pay systems to ensure they continue to operate free from bias.

Occupational Segregation

13. Occupational segregation remains one factor of the gender pay gap within the Scottish Government just as it does more generally across Scotland. We are committed to tackling any inequalities arising from occupational segregation in order to make progress on closing the gap.

	Female	% (Female)	Male	% (Male)
SGM
A3	795	59.60%	615	40.40%
A4	294	65.77%	166	34.23%
B1	591	55.34%	519	44.66%
B2	715	53.36%	666	46.64%
B3	557	49.03%	609	50.97%
BFS	28	51.85%	26	48.15%
C1	379	54.07%	334	45.93%
C2	187	46.40%	219	53.60%
C3	22	29.73%	53	70.27%
Legal Trainee	10	71.43%	4	28.57%
NRS
A3	78	52.00%	72	48.00%
A4	20	71.43%	8	28.57%
B1	25	39.68%	38	60.32%
B2	55	60.44%	36	39.56%
B3	17	42.50%	23	57.50%
C1	6	40.00%	9	60.00%
C2	4	80.00%	1	20.00%
C3	1	100.00%	0	0.00%
SGMarine
1st Officer (Safety)	1	8.33%	11	91.67%
1st Officer Exec	0	0.00%	12	100.00%
2nd Engineer (2Eng Cert)	0	0.00%	7	100.00%
2nd Engineer (Chief Cert)	0	0.00%	7	100.00%
2nd Officer	1	11.11%	8	88.89%
3rd Engineer	0	0.00%	7	100.00%
Chief Engineer	0	0.00%	8	100.00%
Chief Petty Officer (Deck)	0	0.00%	9	100.00%
Chief Steward	0	0.00%	9	100.00%
Commanding Officer	0	0.00%	9	100.00%
Cook Steward	0	0.00%	6	100.00%
Engineer Superintendent	0	0.00%	1	100.00%
Marine Superintendent	0	0.00%	1	100.00%
Motorman 1	0	0.00%	5	100.00%
Petty Officer (D/MM)	0	0.00%	30	100.00%
Safety Superintendent	0	0.00%	1	100.00%
Seaman 1A	0	0.00%	17	100.00%
Seaman 1B	0	0.00%	10	100.00%
Steward	1	20.00%	4	80.00%
SCS
Deputy Director 1	36	33.64%	71	66.36%
Deputy Director 1A	13	52.00%	12	48.00%
Director	12	37.50%	20	62.50%
Director General	2	33.33%	4	66.67%
Permanent Secretary	0	0.00%	1	100.00%
NRS ( SCS)
Deputy Director 1	1	50.00%	1	50.00%

Appendix 3 to Annex Ja

SCOTTISH GOVERNMENT MAIN ( SGM) & SCS

Core Directorates of the Scottish Government falling within the responsibility of:

• Permanent Secretary
• Directorate General - Enterprise, Environment and Digital
• Directorate General - Finance
• Directorate General - Governance & Communities
• Directorate General - Health & Social Care
• Directorate General - Learning & Justice
• Directorate General - Strategy and External Affairs

Agencies and Non-Ministerial Offices:

• Scottish Public Pensions Agency
• Student Awards Agency for Scotland
• National Records of Scotland
• Education Scotland
• Accountant in Bankruptcy
• Office of the Scottish Charity Regulator
• Transport Scotland
• Scottish Housing Regulator
• Disclosure Scotland
• Staff serving elsewhere on assignment, loan or secondment are regarded as being part of SGM except where provision has been agreed for other terms and conditions to apply.

SCOTTISH GOVERNMENT MARINE (SGMARINE)

• Officers and crew of 3 Fishery Protection Vessels
• Officers and crew of 2 Fishery Research Vessels
• Marine, Engineer and Safety Superintendents

Appendix 4 to Annex Ja

Occupational Segregation - General description of duties within each pay range/grade

SCOTTISH GOVERNMENT MAIN ( SGM)

A3

The role of posts in this range is to offer technical, specialist or advanced administrative support under the supervision of and in support of a more senior officer. Duties usually call for the exercise of discretion and initiative whilst carrying out generally routine and repetitive tasks and will often involve the use of IT based skills. Although not a management level for most posts, in some operational areas there may be supervision of staff, which can include annual reporting and career development.

Posts at this level tend to report to a post in Band B but may report to a more senior post in Band A.

A4

Supervision of staff in other Band A ranges may be an important feature of posts in this range. This will include allocation of tasks and checking of work. In some cases there may be a full staff management role, including annual reporting and career development. Posts may also be akin to an 'executive assistant', combining administrative support to officers in the Senior Civil Service with some executive functions. Posts within this range will require a degree of judgement and interpretative ability to be exercised within guidelines and established practice. Posts in this range are likely to report to a post in the upper ranges of Band B, or in Band C, or in some cases direct to a member of the Senior Civil Service.

B1

Jobs in this pay range will often be the first formal line management level including staff management (and covering staff appraisals). In some areas these posts may provide direct support to other more senior posts. Elsewhere they may be responsible for a discrete area or work under the control and direction of a more senior officer. Typically posts within this range will require postholders to exercise judgement and interpretative ability where practice and precedence guide the work.

Some posts require a good understanding of the basic principles and practices of a subject or discipline/ specialism through a mix of qualifications or training and experience.

B2

Posts in this range are expected to have a good knowledge and understanding of their area of work or subject and to exercise sound judgement and interpretative ability in the application of regulations, practice and procedures or professional standards. They may have delegated responsibility for elements of work, where they are required to keep fully up-to-date with developments and suggest responses and solutions to posts in Band C or the Senior Civil Service. They will usually report to a Head of Branch and will have freedom of action in managerial and operational matters within accepted standards and precedents.

Management responsibilities will vary. Where there are very large numbers in the command, posts are usually assisted by staff from the lowest range in Band B or from Band A. Posts without any managerial responsibility are often the working level in a professional or specialist function or operate in a structure where support staff are managed centrally.

B3

Jobs in this range are usually responsible for a discrete area of work, which may cover more than one function, and are fully accountable for the achievement of objectives and targets within their responsibilities. Posts require considerable knowledge and full understanding of their area of work or subject, demonstrate the ability to develop and adapt existing procedures and have the acumen to resolve a variety of problems. Posts will report to a member of Band C, or possibly the Senior Civil Service.

Management responsibilities vary depending on the nature of the work; this ranges from heading up a discrete section or team to managing a larger executive area where the work and operational decisions are more routine.

C1

Posts within this range are expected to be able to function independently and take full responsibility for the work of their section or branch. They have an important role in policy areas to keep fully up-to-date with all salient developments concerning the policies they manage, for example, in Whitehall and Europe, and to produce and broker solutions for submission to senior staff and Ministers. Professional staff must also keep up-to-date in their particular fields in order to maintain their level of expertise and its applicability in the Office. Posts at this level must be able to see ways to adapt precedents/principles and to work with some complex ideas.

The managers of these posts are normally members of the Senior Civil Service, or sometimes the top range of Band C.

The size of the management task for these posts will vary, depending on the nature of the work; this ranges from small teams in which each member has set, delegated tasks, to larger professional advisory or executive areas. In each case, these postholders will normally take all staff management decisions for their areas, without reference above. In executive areas, most operational decisions will also be contained at, or beneath, this level.

C2

Posts at this level are used most often in a supporting role to Senior Civil Service managers or are responsible for managing blocks of work, for example, in executive, casework areas. These posts will usually have managerial responsibilities either for small units or for branches/teams where the main working level will be in Band B or the first range of Band C - such as in some professional areas - or will manage significant numbers of staff in executive areas. Exceptionally, they may also lead small policy branches that have heavy and continually high profile policy and legislative demands.

Posts will have significant responsibility for maintaining areas of specialist or policy activity and may be involved in the development of new policy, in complex or novel areas, where considerable innovative thought is required. In professional areas, they may proactively ensure that relevant specialist issues are not overlooked, will contribute to the making of new policy, or its evolution, and may input to high level casework. In all cases, line management guidance is likely to be infrequent and require to be actively sought.

C3

Posts at this level are usually responsible for managing discrete and clearly defined blocks of work capable of separate control, and may be regarded ostensibly as Division Heads. Generally these posts are held accountable for the use of financial and staff resources relating to their commands which, taken together and in combination with the other factors, tend to mark them out as demanding a perceptibly higher level than the most senior posts in the other ranges of Band C.

Specific knowledge and skills may well be required of these posts, requiring qualifications and experience in a formal discipline in addition to administrative experience. The incumbents may act as the senior managers in a professional group where they will normally also carry significant operational autonomy for a clearly identified section of the remit.

Occupational Segregation - General description of duties within each pay range/grade

SENIOR CIVIL SERVICE ( SCS)

Deputy Director 1 and 1A

These posts normally report to a Director and are responsible for the development and implementation of strategy, leading the government's engagement with stakeholders, operational delivery and the leadership and management of a Divisional team. The majority of Deputy Director roles have responsibility for direct running costs and programme budgets and they will be a member of the Directorate senior management team.

Director

These posts normally report to a Director General. They are senior leaders in their work within portfolios and collectively in setting, communicating and implementing organisational strategy and managing key relationships and networks, delivering operational results and the leadership and management of the Directorate team.

Director General

These posts report directly to the Permanent Secretary and are the Scottish Government's principal policy advisers. They provide support to Cabinet Secretaries and other Ministers, drive delivery and build strategic relationships with partners and stakeholders. The post holders play a leading and collegiate role as part of the Executive Team and Strategic Board in ensuring that Scottish Government resources are deployed effectively in support of the business strategy and key outcomes and to develop its capacity and performance.

Permanent Secretary

This is the senior Civil Servant in Scotland and leads the 5000+ civil servants working for the Scottish Government, supporting the Government in developing, implementing and communicating its policies. The post holder is the principal policy adviser to the First Minister and Secretary to the Cabinet. They are also the Principal Accountable Officer for the Scottish Government with personal responsibility for the propriety and regularity of Government finance and for economic, efficient and effective use of all related resources.

Annex Jb

HISTORIC SCOTLAND

INTRODUCTION

Background

1. Historic Scotland ( HS) is an Executive Agency of the Scottish Government. Its purpose is to safeguard the nation's built heritage and promote its understanding and enjoyment on behalf of Scottish Ministers. Its functions include, managing and presenting to the public over 340 monuments in its own care (attracting some 3.3 million visitor during 2011-12), and helping other owners to preserve and maintain their properties. Approximately 73 sites charge for admission and have a retail outlet providing an important source of income for the Agency.

2. To undertake its function, HS employs over 1000 core staff which increases to around 1200 during the summer season. Staff are employed in a wide variety of occupational disciplines ranging from stonemasons and other traditional crafts, to professional and technical specialists such as architects and inspectors, as well as front line stewarding staff and behind-the-scene support and administration staff.

Pay Bands and Working Patterns

3. In line with the various occupational disciplines and functions, there are a variety of grades and associated rates of pay. There are 7 pay bands incorporating some 16 different occupational groups. There are also a variety of working patterns including standard full time arrangements, 5 out of 7 day rotas, part time arrangements (ranging from 40 hours per month to 35 hours per week and any number in between), permanent part year, temporary fixed-term and annualised hours. Details of the pay bands and the occupational disciplines are shown at Table 1, Appendix 1 to Annex Jb .

Gender Mix

4. Overall there is a higher proportion of males than females (58:42). The higher proportion of males can be accounted for in part by a large singular group of employees being almost exclusively male, i.e. those employed in traditional craft and labouring grades. However, we are seeing a gradual increase of females in this area of work (5 in 2011, 6 in 2012 & 7 in 2013) and hope to attract a few more following a recent Apprentice recruitment campaign.

Pay Progression

5. Of the 7 pay bands, 1 has a progression time of 3 years, and 1 a progression time of 5 years. The remaining 5 pay bands have progression times of 4 years. Progression times, and respective minima and maxima for each of the Bands are detailed at Table 2, Appendix 2 to Annex Jb .

Appendix 1 to Annex Jb

Pay on Promotion

6. All staff are placed at the minimum of the pay band on promotion irrespective of position in previous pay band or length of service.

ANALYSIS

7. Analysis of hourly rate of pay was based on Basic FTE Salary / 52 / 37 as at 31 January 2013.

Hourly Rate of Pay by Gender

8. The average hourly rate of pay by gender for each pay band are detailed at Table 1, Appendix 3 to Appendix Jb .

9. All of the pay bands, excluding Key-keepers who are all on the same salary, show a gender gap ranging from 0.38% to 5.43%. Since the introduction of the Equality Act, acceptable tolerances have yet to be defined. However, the Equality and Human Rights Commission used to suggest that tolerances in excess of the 5% should be examined.

Pay Band	Gap in average hourly rate of pay
Band G	5.43%
Band F	3.10%
Band B	2.53%
Band C	1.94%
Band D	1.80%
Band A	0.86%
Band E	0.38%
Key-keepers	0.00%
Total Historic Scotland	2.10%

CONCLUSIONS AND ACTION POINTS

Hourly Rate of Pay by Gender

10. The summary data of the pay bands show Historic Scotland as not having a significant pay gap, with only one Pay Band showing a gap of over 5%. Therefore we have only analysed the top three percentage gaps.

• Pay Band G has a gap of 5.43% which represents £1.72 an hour. There is an almost equal ratio of male to female (3:4) however, the average time in pay band for the female employees is 2 years with the male average being longer at 3.4 years.
• Pay Band F show the second highest gap of 3.1% which represents £0.80 an hour. There are almost double the amount of male employees in this pay band (22:13), and the male employees are longer serving in the pay band with almost double the amount of time in grade. The average time in pay band for male employees is 8.4 years with the female's average being 4.9 years.
• Pay Band B show the third highest gap of 2.53% which represents £0.26 and hour. Again, there are almost double the amount of male employees in this pay band (205:122). Within this pay band, there are 5 employees who are 'red-circled' and have salaries above that of the maximum (4 males and 1 female). Males have an average time in pay band of 7.98 years with a female average of 5.14 years.

11. The small gaps in all the other pay bands show that the progression system in Historic Scotland is robust and that the progression timescales are fair and equitable.

TUPEd Employees

12. During 2012-13 a number of employees transferred to HS from Aberdeenshire Council under TUPE arrangements.

13. These employees, currently 17, remain on their original salaries. There is an overall gap of 6% in favour of females but this can be explained as there is a higher proportion of females than males (76:24). In the majority of cases the each grade is filled by either only men or only woman. The only grade that has a mix of male (3) and female (7) is 'Tech Op B' where there is an insignificant gap of 0.96% in favour of females.

Affordability

14. As the mechanism for eliminating/reducing equal pay gaps will be dealt with under the pay negotiations, the affordability factors will be explored as part of the pay remit.

Equal Pay Statement

15. Historic Scotland has a published policy on equal opportunities (below) and is working towards a specific policy on equal pay.

• Historic Scotland's policy on equal opportunities is that everyone should be treated equally irrespective of their sex, marital status, age, race, ethnic origin, sexual orientation, disability, religion or belief, working pattern, employment status, gender identity (transgender), caring responsibility, or trade union membership.

HISTORIC SCOTLAND

Table 1: Pay Band Description and Occupational Disciplines

PAY BAND	OCCUPATIONAL TYPES
Keykeepers	Keykeepers
BAND A	Stewards Labourers Apprentices Retail Assistants Administrators
BAND B	Senior Stewards Plumbers Stonemasons Painters Joiners Electricians Administrators
BAND C	HR Managers Works Managers Regional Tourism & Community Manager Senior Heritage Management Officers Architectural Technicians Photographers Retail Supervisors
BAND D	District Works Managers Inspector of Historic Buildings Senior Heritage Management Officers HR Business Partners Conservators Commercial Business Managers Retail & Admissions Manager Administrators
BAND E	Senior Conservators Regional Works Managers District Architects Heritage Management Team Leaders Head of HR Teams Head of Training & Development Health & Safety Advisors Branch Heads
BAND F	Regional Architects Castle Executive Manager Heads of Groups
BAND G	Directors Head of CVO

Appendix 2 to Annex Jb

Table 2: Pay Band Progression Times (1 August 2012)

PAY PROGRESSION
PAY BAND	MIN	MAX	PROGRESSION TIME (YRS)
BAND A (Keykeepers stay on min)	£14,400	£16,164	3
BAND B	£17,613	£20,373	4
BAND C	£21,392	£27,887	5
BAND D	£29,281	£34,370	4
BAND E	£36,089	£41,822	4
BAND F	£43,913	£51,313	4
BAND G	£53,878	£62,519	4

Appendix 3 to Annex Jb

Table 1: Analysis of hourly rate of pay by Gender

No. of Employees
Male	683	58%	Please note the following 5 employees have not been included below: * 3 males and 1 female are on career breaks with zero salaries * 1 male under TUPEd employees is not salaried
Female	493	42%
Total	1176
Pay Band Profile	Male	Average Hourly Rate of Pay	Female	Average Hourly Rate of Pay	Difference	Percentage
Keykeepers	22	£ 7.48	12	£ 7.48	£ -	0.00%
Band A	220	£ 8.15	165	£ 8.08	-£ 0.07	-0.86%
Band B	205	£ 10.28	122	£ 10.02	-£ 0.26	-2.53%
Band C	91	£ 13.39	88	£ 13.13	-£ 0.26	-1.94%
Band D	71	£ 17.19	49	£ 16.88	-£ 0.31	-1.80%
Band E	41	£ 21.00	26	£ 20.92	-£ 0.08	-0.38%
Band F	22	£ 25.81	13	£ 25.01	-£ 0.80	-3.10%
Band G	3	£ 31.65	4	£ 29.93	-£ 1.72	-5.43%
Total	675	£ 11.89	479	£ 11.64	-£ 0.25	-2.10%
Employees who TUPEd over from Duff House
Admin B	0	£ -	1	£ 7.19	£ 7.19	100.00%
Admin D	0	£ -	1	£ 8.47	£ 8.47	100.00%
Admin H	0	£ -	1	£ 12.11	£ 12.11	100.00%
Team Leader M	0	£ -	1	£ 21.02	£ 21.02	100.00%
Tech Op B	3	£ 7.26	7	£ 7.19	-£ 0.07	-0.96%
Tech Op E	0	£ -	2	£ 8.99	£ 8.99	100.00%
Technician H	1	£ 12.11	0	£ -	-£12.11	-100.00%
Total	4	£ 8.47	13	£ 9.01	£ 0.54	6%
Overall Total	675	£ 11.91	479	£ 11.64	-£ 0.27	-2%

Annex Jc

SCOTTISH PRISON SERVICE

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

1. This information was compiled in compliance with the Equality Act 2010 as detailed in the Equality and Human Rights Commission (Scotland) Essential Guide to Public Sector Equality Duty, in particular the "Duty to Publish Gender Pay Information" and the "Duty to Publish Statements on Equal Pay, etc." and has been produced in line with EHRC Statutory Code of Practice

Background Information on the Scottish Prison Service

2. The Scottish Prison Service ( SPS) is an Executive Agency of the Scottish Government and was established in April 1993. It employs over 4000 staff across 14 prison establishments throughout Scotland, a Headquarters function located in Edinburgh, a Central Store at Fauldhouse and a Training College located near Falkirk. Out of 4,362 staff in post at 31 ^st January 2013, 3,259 (75%) are men and 1,091 (25%) are women. Distinct employment groupings within SPS are:

• The Main Staff Group which is made up of operational staff, managerial staff, estates staff, and administrative support staff. Of the 4,362 staff referred to at 2 above, 4,349 belong to the Main Staff Group. 3,257(75%) are men and 1,092(25%) are women.
• The second group is the SPS Management Board which is made up of a Chief Executive, 4 Executive Directors, and 6 fee paid Non-Executive Directors appointed by Scottish Ministers for their expertise. The Chief Executive and 4 Executive Directors are members of the Senior Civil Service and are directly employed by the Scottish Government rather than SPS. As such, each member of the SPS Management Board is excluded from the staff numbers provided above.
• The third is a small group of less than 10 Scottish Government staff seconded to work in SPS Headquarters but who remain on Scottish Government terms and conditions of employment. As they are not directly employed by SPS they are excluded from the staffing numbers provided above.
• The fourth is a group of 30 staff with individual and distinct terms and conditions of employment. These staff have retained the terms and conditions of previous employers under the Transfer of Undertakings (Protection of Employment) Regulations ( TUPE).

3. The main staff group is the only one of these groups reported on here.

Pay, Grading, and Performance Management Arrangements

4. Pay arrangements for the Main Staff Group are negotiated under a collective bargaining framework with the Trade Unions which SPS recognises for this purpose. 1 ^st October is the pay settlement date for annual pay awards in SPS. The pay arrangements for the SPS Management Board are determined with reference to the findings of the Senior Civil Service Pay Review Body and are actioned by employing Departments (in this case the Scottish Government). As such, SPS has no locus in these arrangements whatsoever and as a result we have excluded the SPS Management Board, the Non-Executive Directors and a small number of seconded staff from the findings of our report.

5. For the Main Staff Group, SPS operates a Pay Band system to differentiate between the different levels of job roles and salary levels within the Service. There are 8 Pay Bands which have an alphabetically, based referencing system. These range from Pay Band B (the smallest job size) through to Pay Band I (the largest) and have been in place since 1995. Each job role is allocated to an appropriate Pay Band on the basis of an analytical Job Evaluation system tailored to the specific circumstances of the SPS.

6. Non-managerial jobs are generally those in Pay Bands B to D whereas managerial posts are generally in Pay Bands E to I.

7. The exception to this is that the first level of management for non-operational staff ( e.g. mainly administrative staff) is Pay Band D which broadly equates to the main Civil Service Executive Officer ( EO) grade.

8. Table 1 below provides a summary of the pay ranges and pay progression points for each Pay Band.

9. Table 2 illustrates the number of years over which progression from the minimum to the maximum value of each Pay Band might take. These pay progression arrangements were introduced as a key component of SPS' Equal Pay strategy so that regardless of starting point all employees will subject to satisfactory performance reach the maximum of the Pay Band within a defined period of time.

10. Part-time members of staff are paid on the same pay ranges and pay points as full-time staff, pro-rated according to their contracted hours of work. Pay progression for all staff is annual after the successful completion of the appropriate probationary period. This approach is designed to ensure that our part-time pay arrangements are equal pay compliant.

Table 1

Main Staff Group Pay Band Ranges and Pay Progression Points for Period 1 October 2012 to 30 September 2013

Pay Band	Pay Point 0	1	2	3	4	5
B		£14,811	£16,421
C		£16,421	£17,853	£19,628	£21,400
D	£17,453	£19,570	£21,688	£23,804	£25,921	£28,039
E	£20,944	£23,440	£25,932	£28,427	£30,923	£33,416
F	£26,321	£29,068	£31,814	£34,562	£37,308	£40,054
G	£34,333	£36,897	£39,459	£42,022	£44,585	£47,149
H	£43,601	£46,223	£48,843	£51,463	£54,083	£56,704
I	£54,930	£57,631	£60,332	£63,032	£65,732	£68,433

Table 2

Main Staff Group Progression Periods to band maximum

Pay Band	Minimum Progression Period
Band B	Between 1 and 2 years
Band C	Between 3 and 4 years
Bands D to I	Between 5 and 6 years

Gender pay gap information

11. A listed authority must publish information on the percentage difference among its employees between men's average pay (excluding overtime) and women's average pay (excluding overtime).

12. This information covers those staff employed directly by SPS who are also on SPS terms and conditions of employment ( i.e. excluding staff transferred in by TUPE). These members of staff are employed in the Main Staff Group.

13. The table below shows that female salaries are within +/- 5% of male salaries in all SPS' Main Staff Group Pay Bands. On the basis of this analysis and EHRC guidance, SPS has no apparent gender pay gap in relation to the total Main Staff Group, indicating that SPS' pay progression arrangements are operating as intended.

Table 3

Main Staff Group (Full Time and Part Time), Gender Pay Analysis: as at 31/1/13

		Female		Male
Pay Band	Headcount	Number of Staff	Average Salary	Number of Staff	Average Salary	Female as % of Male 2013
B	267	159	£15,979.19	106	£16,362.39	2%
C	1319	438	£19,294.12	881	£19,722.14	2%
D	2002	354	£26,014.64	1648	£27,284.70	5%
E	432	53	£32,663.19	379	£32,992.17	1%
F	187	44	£36,966.73	143	£38,173.82	3%
G	101	30	£45,801.67	71	£46,110.23	1%
H	28	10	£55,131.70	18	£55,248.06	0%
I	13	< 10	£68,433.00	< 10	£69,450.78	1%
Total SPS			£23,673		£26,755	11.6%

14. While 25% of the total Main Staff Group population are women, 46% of SPS part-time staff are women. Analysis shows that female salaries are within +/- 5% of male salaries in all SPS' Pay Bands (see Figure 5 below). On the basis of this analysis and EHRC guidance, SPS has no apparent gender pay gap in relation to part time staff in the Main Staff Group.

Table 4

Main Staff Group (Part Time), Gender Pay Analysis: as at 31/1/13

		Female		Male
Pay Band	Headcount	Number of Staff	Average Salary	Number of Staff	Average Salary	Female Pay as % of Male Pay 2013
B	55	41	£15,994.29	14	£15,881.71	-1%
C	50	35	£20,907.74	15	£21,770.40	4%
D	99	41	£27,057.73	58	£27,965.98	3%
E	28	7	£33,059.86	21	£33,416.00	1%
F	50	8	£35,590.75	42	£36,124.93	1%
G	15	5	£45,098.20	10	£46,439.50	3%
H	0	0	£0.00	0	£0.00	0%
I	<5	< 5	£0.00	< 5	£68,433.00	0%

Occupational Segregation

15. This is defined as: The concentration in particular grades and in particular occupations of women and men, persons who are disabled and persons who are not and people who fall into a minority racial group and persons who do not.

Table 5

Distribution of Staff in Main Staff Group by Pay Band and Gender: as at 31/1/13

Pay Band	Headcount	% of Workforce	Male	% of Total	Female	2013	2010
B	267	6.14%	108	40%	159	60%	61%
C	1319	30.33%	881	67%	438	33%	31%
D	2002	46.03%	1648	82%	354	18%	14%
E	432	9.93%	379	88%	53	12%	10%
F	187	4.30%	143	76%	44	24%	18%
G	101	2.32%	71	70%	30	30%	27%
H	28	0.64%	18	64%	10	36%	39%
I	13	0.30%	9	69%	4	31%	10%
Total	4349	100.00%	3257	75%	1092	25%	22%

16. This shows that although highest proportion of women are in pay band B (60%) that this band has seen a reduction of 1% from 2010.

17. Band C has 438 women an increase of 2% from 2010.

Annex Jd

SCOTTISH PRISON SERVICE ( SPS) EQUAL PAY POLICY STATEMENT

18. This Equal Pay Policy Statement has been prepared and published in partnership by SPS Management and the recognised Trade Unions (the "National Partners") taking the principles of the Equality and Human Rights Commission ( EHRC) Statutory Code of Practice on Equal pay as a guide.

19. The National Partners are committed to the principle of equal pay for all SPS staff members. We understand that equal pay between men and women is a legal right under both domestic and European law we also recognise that pay systems may be open to challenge on grounds of race, age or other protected characteristics under the Equality Act 2010.

20. The National Partners recognise that it is in the interests of both the organisation and staff members to provide a pay system that meets these requirements.

21. In this regard, SPS introduced progression-based pay systems in 2001 which ensure that through demonstrating satisfactory performance all staff members will progress to the maximum of their pay band within a defined period of time. SPS now has one staff group for pay purposes, the SPS Main Staff Group which, is comprised of eight pay bands.

22. The National Partners maintain an analytical job evaluation system to assign jobs to an appropriate pay band. This process supports the objective that equal pay is awarded for work of equal value.

23. We frequently review our pay system arrangements and monitor a range of pay statistics as part of the annual pay negotiation process to ensure that the systems are continuing to deliver the intended outcomes.

24. We believe that by avoiding gender bias within our pay systems we are sending a positive message to our staff members and stakeholders. It makes good business sense to have a fair, transparent reward system. We recognise that avoiding unfair discrimination will improve morale and enhance efficiency.

25. Our on-going objectives are to:

• Avoid any unlawful practices that impact on pay; identify any pay practices which may present issues in terms of potential non-compliance with our legal obligations, and
• Take appropriate remedial action.

We will:

• With the National partners, continue to monitor pay statistics on an annual basis;
• Carry out an equal pay review in compliance with the Equality Act 2010 and EHRC Statutory Code of Practice; to be published by 30/4/2014
• Plan and implement any identified actions;
• Provide training and guidance for those involved in the management and implementation of pay;
• Continue to inform staff members of how the various aspects of our pay systems work and how their own pay is determined within those pay systems through our pay manual; and
• Give grievances on equal pay due priority
• Provide appropriate resources to pursue Equal pay objectives

26. The Director of HR is the senior manager responsible for Equal Pay policy implementation.

CROWN OFFICE AND PROCURATOR FISCAL SERVICE

The Crown Office and Procurator Fiscal Service ( COPFS) Equality Information - The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

Profile Reports

Background Notes

1. The Crown Office and Procurator Fiscal Service ( COPFS) is the sole public prosecuting authority in Scotland and is responsible for investigating sudden or suspicious deaths and investigating independently all complaints of criminal conduct by police officers. The strategic aim of COPFS is to serve the public interest, prosecuting cases independently, fairly and effectively. COPFS works closely with its criminal justice partners to help make Scotland a safer place and plays a pivotal role within the criminal justice system in maintaining the security and confidence of all communities in Scotland. Our core values are impartiality, integrity, sensitivity, respect and professionalism.

2. COPFS' salary structure is detailed below with each grade (excluding Senior Civil Service ( SCS)) negotiated annually with the FDA and Public and Commercial Services union ( PCS) respectively.

3. There are typically three groups of employee: SCS, legal staff and administrative staff.

4. Pay Bands with salary ranges are as follows:

Pay Band	Salary Range
B	£16,036 - £18,217
C	£20,573 - £25,285
D	£24,707 - £29,736
E	£33,072 - £40,364
F	£44,263 - £52,847
G	£53,060 - £64,733
PFD (Procurator Fiscal Depute)	£34,150 - £46,365
SPFD (Senior Procurator Fiscal Depute)	£45,084 - £52,540
PPFD (Principal Procurator Fiscal Depute)	£48,899 - £60,489
SCS (Senior Civil Service) Pay Band 1	£65,000 - £117,750
SCS (Senior Civil Service) Pay Band 1A	£75,000 - £128,900
SCS (Senior Civil Service) Pay Band 2	£93,000 - £162,500
SCS (Senior Civil Service) Pay Band 3	£99,960 - £208,200
PFD Training Year 1	£30,098
PFD Training Year 2	£31,256
Trainee Solicitor Year 1	£18,667
Trainee Solicitor Year 2	£20,837

Gender Pay Gap Information

5. COPFS has a duty to publish information on the percentage difference amount between men's average hourly pay (excluding overtime) and women's average hourly pay (excluding overtime).

Pay Band	Female's average hourly pay	Male's average hourly pay	% Difference
B	£8.23	£8.11	-1.5%
C	£11.01	£10.88	-1.2%
D	£13.37	£13.34	-0.2%
E	£17.73	£17.90	0.9%
F	£22.11	£21.68	-2.0%
G	£29.04	£28.42	-2.2%
PFD	£18.68	£19.01	1.7%
SPFD	£22.11	£22.60	2.2%
PPFD	£27.04	£27.02	-0.1%
SCS	£33.42	£35.14	4.9%
Overall COPFS	£13.89	£15.29	9.2%

Duty to publish COPFS Statement on Equal Pay

6. The Crown Office and Procurator Fiscal Service is an equal opportunity employer and welcomes applications from all sectors of the community. As a public authority we are working to meet the requirements of the general equality duty to:

• Eliminate unlawful discrimination
• Advance equality of opportunity
• Foster good relations

7. We aim to ensure equality of opportunity in employment, career development and promotion to all where eligible, on the basis of ability, qualifications and suitability for the work. COPFS aims to treat all employees equally regardless of age, gender, race, ethnic origin, disability, sexual orientation, marital status, working pattern, status, caring responsibilities, religion & belief and trade union membership. COPFS aims to operate a transparent pay and reward system based on objective criteria and without bias.

Occupational Segregation

8. Given grades more or less describe occupational categories, occupational segregation can be straightforwardly analysed:

Pay Band	Male	Female	Total	% male	% female
B	175	503	678	25.8	74.2
C	45	162	207	21.7	78.3
D	68	143	211	32.2	67.8
E	15	15	30	50.0	50.0
F	4	10	14	28.6	71.4
PFD	43	136	179	24.0	76.0
SFPD	54	96	150	36.0	64.0
PPFD	46	58	104	44.2	55.8
G	16	13	29	55.2	44.8
SCS	14	18	32	43.8	56.2
TS	16	23	39	41.0	59.0
Totals	496	1,177	1,673	29.6	70.4

Pay Band General Descriptions

Band B

9. The main role for a post within this pay band is to provide administrative support within a unit or office. Duties include; carrying out general housekeeping, dealing with telephone and public enquires, managing mail, filing and updating computer records. Roles may vary slightly depending on the nature of the unit or office however all roles within this grade are administrative with no managerial responsibility. Employees within this pay band would normally report to a post in pay band C or above.

Band C

10. Employees who hold posts within this pay band typically perform a specialist role or managerial role or provide management support. Those that carry out a managerial role will normally have direct line management responsibility of administrative staff including workload management. Specialists within this role may work in one of a number of functions many of which will have no management responsibility. Those who carry out a management support role carry out administrative duties for a Head of Department or Unit. Employees within this pay band would normally report to a post in pay band D or above.

Band D

11. Employees who hold posts within this pay band perform a second line manager or specialist role. Managers within this pay band carry out a full management role, including annual appraisals, career development, attendance management, disciplinary action and case management. Specialists within this role may work in one of a number of functions many of which will have no management responsibility. Posts within this pay band would report to a pay band E or above.

Band E

12. Employees within this pay band may be responsible for more than one area of work or function fully accountable for the achievement of objectives and targets within their responsibility. Staffing issues, case management, budget requirements and performance levels would be a few of the subjects covered within this role.

Band F and G

13. Employees who hold posts at this grade may have full responsibility for a unit or a number of areas of work. The size of the role may vary depending on the nature of the work; in all cases, post holders will normally make all operational/managerial decisions within their command. Roles within these pay bands may be within the administrative or legal employee groups and would normally report directly to a member of the SCS.

PFD, SPFD and PPFD

14. Employees who hold posts at this grade are qualified in Scots Law and have completed a Legal Traineeship either in the private sector or with COPFS. PFDs are responsible for the direction of the police on local criminal enquiries, deciding when to prosecute, as well as investigating all sudden and suspicious deaths, conducting Sheriff and District Court proceedings and preparing cases for prosecution in the High Court.

15. The post of SPFD is a promoted legal post; which applies to a range of posts within the department.

16. A PPFD is normally a managerial legal post, the placement of the role will determine the day to day duties of the PPFD whether it be related to policy or operational work etc. These posts, although diverse, are characterised by similar skill requirements. Employees within these grades would normally report to a band G or a member of the SCS.