Scottish Government core – position on hybrid working Equality Impact Assessment – Results

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact. You will need to consult your legal team in SGLD at this point if you have not already done so.

Have positive or negative impacts been identified for any of the equality groups?

Yes

Is the policy directly or indirectly discriminatory under the Equality Act 2010³?

No

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

No

If not justified, what mitigating action will be taken?

N/A

The EQIA has demonstrated that there are possible positive and negative impacts from an equality lens of a focus on both an expectation of working from home; and an emphasis on greater time anchored in an office environment. The key will therefore be to ensure that our hybrid policy is predicated on balance, and that any locally set expectations based on business need are sufficiently adaptable to address individual needs. This should take place – as is already the case – through the use of the Employee Passport tool.

Specific recommendations flowing from the EQIA are also covered below.

Describing how Equality Impact analysis has shaped the policy making process

Throughout the policy development process, the Senior Advisory Group on hybrid, including representation for the Disabled Staff Network, has been involved in development of the policy. This has led directly to a greater emphasis on diversity being at the heart of the policy; and the need for reasonable adjustments to be made for staff who may not be able to be present in the office as much as other colleagues. Similarly, a greater emphasis on value on time in the office has been developed, recognising that this can be really important to colleagues with mental health issues, and younger colleagues.

The data gathering and analysis from the EQIA has not identified any “show stoppers”. It has however identified a number of issues which require to be taken forward in parallel with our hybrid guidance:

• There are real concerns about how our estate configuration can keep up with our hybrid policy. While resource constraints mean that the perfect estate may be some years away, there is an urgent need to make sure that staff with disabilities have a clear pathway to identify the right equipment (and other things that help them at work, such as safe spaces) when in the office.
• EU nationals continue to have concerns about the working from abroad policy, and have asked for this to be reviewed.
• Diversity & inclusion resources will require to be kept up to date with new hybrid ways of working.

Concerns about bullying and harassment both in the office and virtually should be considered as part of wider action in this area, rather than specifically as part of our hybrid policy.

Monitoring and Review

Once the policy has been finalised, an evaluation plan will be put in place as part of the delivery programme. This will include ongoing assessment against the EQIA