Increasing employment of disabled people in public sector: our response to consultation

Scottish Government Response to the Consultation

21. Following the analysis of the consultation^[6] responses, and as set out in A Fairer Scotland for Disabled People – Employment Action Plan^[7], the Scottish Government will take the following actions:

• Set a target for the employment of disabled people in the Scottish Government workforce;
• Provide details of the target in the Recruitment and Retention Plan for Disabled People working in the Scottish Government, which we will publish later this year. We will develop the Plan together with disabled workers, disabled people’s organisations, trade unions and other key partners to ensure the plan is as thorough and ambitious as possible. The Plan will set out the actions we will take and the improvements we will make as an employer to support disabled people in our workforce and contribute to increasing numbers of disabled people in employment;
• Share learning from this experience to encourage, and challenge other public sector organisations to follow our example; and,
• Ensure that Scottish Government becomes an employer of choice for disabled people, at all levels. This will include within the Senior Civil Service, which has already set a target of 13% disabled new entrants by 2025.

22. The following section sets out each of the consultation questions accompanied by the Scottish Government’s responses to the submissions received.

Consultation questions and the Scottish Government’s responses to the submissions received

Question 1. In your view, or the view of your organisation, how could public sector bodies better support self-reporting (self-declaration) of disabilities for members of their workforce, to improve response rates and the quality of data collected?

23. Summary of submissions received: We received several suggestions in relation to this, including how we can create more supportive organisations. Among other things, clarifying how and why the data is being collated, how it will be used, and providing greater clarity on what is meant by disability and long term health conditions are seen as important.

24. To improve and increase response and ‘disclosure’ rates, workers will need to know that there is a positive value in providing disability information, and that there is a purpose to sharing this. They will also need to feel confident in how any data collected will be used and stored.

25. Scottish Government response: We will take forward our response through development of a Scottish Government Recruitment and Retention Plan for Disabled People, which will be published in 2019.

26. We will give confidence to workers that: data held is managed properly (in accordance with GDPR); that it is used to improve practice, provide advice and guidance so managers are able to support disabled people effectively; and ensure that reasonable adjustments are available timeously where required. We will encourage, support and challenge other public sector bodies to do the same (for example through our own Sponsor Teams, public sector HR networks, and by contacting and engaging with the NDPD Chief Executive Group, Scottish Councils' Equality Network, and devolved public bodies).

27. It is our intention to undertake a review of the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012^[8] during 2019. These regulations apply to listed public authorities and include the gathering and use of employee information. Assuming Parliamentary approval, amendment regulations will be made in April 2020, and affect the reporting regime from 2021 onwards (that is, after the end of the current reporting period).

28. The review will take into account stakeholders’ views and a range of evidence, such as the research into the effectiveness of the Public Sector Equality Duty (PSED) in Scotland published by EHRC in September 2018^[9] and the Is Scotland Fairer? report^[10] from October 2018. The aim will be to move from a culture of compliance to one that supports further progress in delivering equality and a fairer Scotland. We will also use the learning from the review to shape our own efforts to improve data collection.

Question 2. What should be the time scale for implementing these measures?

29. Summary of submissions received: Most respondents considered that these measures could be implemented within 1-2 years.

30. Scottish Government response: In our Disability Recruitment and Retention Plan we will set out timescales for the activity the Scottish Government will undertake. We will build on existing knowledge and continue to consult and engage with stakeholders during the spring 2019. Some steps to improve data collection have already been taken in the Scottish Government (such as awareness raising regarding the importance and usefulness of sharing this kind of information), and will continue to be developed and improved, both as part of the development of the Recruitment and Retention Plan, and as ongoing improvements within the organisation.

Question 3. What support, if any, and from where, would public sector bodies need to implement measures, such as improving data collection?

31. Summary of submissions received: Respondents suggested that measures such as sharing of good practice and providing clarity over the purpose of collecting data would be important.

32. Scottish Government response: In addition to using already available resources, such as those developed by the Equality and Human Rights Commission (EHRC), the Scottish Government will work to support other public sector organisations to improve their disability employment rate.

33. We will:

• Share the learning about target setting, including practical engagement work with other public sector bodies;
• Provide practical guidance and support for different types/sizes of organisations on data collection (ie. around classification systems), reporting, and use of data in relation to recruitment, retention, progress and pay etc;
• Develop timescales for this;
• Work with other public sector bodies to consider target setting and other improvements;
• Learn from forthcoming Review of Equality Act Regulations (see Response to Question 1).

Question 4. In your view, or the view of your organisation, would setting targets improve the disability employment rate in the public sector?

34. Summary of submissions received: There were varied views on whether a target would be the most appropriate way forward, with a small majority of respondents to the consultation indicating they were not in favour of targets.

35. Scottish Government response: We think that target setting can help drive change if supported by other measures (including improving data collection and organisational cultures) and will therefore set targets for our own workforce in the first instance. We will set this out in our ambitious forthcoming Disability Recruitment and Retention Plan.

36. The target will be developed by Scottish Government HR working alongside our disability employability policy team, analytical teams, disability staff networks and trade unions. The Disability Recruitment and Retention Plan will set out actions we will take as an employer to support disabled people in the workplace, including for example around reasonable adjustments, and we will share learning from the experience to encourage and challenge other public sector organisations to follow our example.

37. The Scottish Government – as part of a broader UK Government action across all parts of the core Civil Service – has already set a Senior Civil Service target of 13% disabled new entrants by 2025. We will draw on the learning from this in the setting of a target for the whole workforce. We are also working to improve the diversity of regulated ministerial appointments to the boards of Scotland’s public bodies, for which there is already a target set of 15% of applications from disabled people.

Question 5. Respondents who said yes to Question 4 were asked to rank the suggested target options in order of preference, and to use the space provided to explain their rationale. Respondents were asked to only rank any options they believed were viable. The following options were outlined:

A. The Scottish Government to set one national public sector target, with a timescale to meet this.

B. Similar to Option A, the Scottish Government to set one overall incremental public sector employment target that would be reviewed and revised in fixed stages.

C. To require Scottish public sector bodies to set targets for their organisation taking into account their starting point in terms of the level of disabled people in their workforce, their size and differing core functions.

D. For the Scottish Government to set a target for its own core Civil Service workforce, while working with other public bodies to encourage them to set their own voluntary targets.

38. Summary of submissions received: Overall respondents’ preferred option was D. This was seen a realistic option, where the Scottish Government would demonstrate leadership and set an example.

39. The second preferred option was C. This was seen as an option that would enable differences across organisations and their starting points to be taken into consideration if setting targets.

40. Option A and B were the least preferred options. Both these options were generally seen as too inflexible, not taking into account the contexts of the various public sector bodies in Scotland.

41. Scottish Government response: As set out in the response to Question 4. the Scottish Government will set targets for its own workforce in the first instance, and work to encourage other public sector bodies to do the same. We believe that setting targets can help deliver change if supported by other improvements such as to workplace culture, awareness and data collection. The detail of the target will be set out in the forthcoming Disability Recruitment and Retention Plan, which will be developed in partnership with key stakeholders such as disabled workers, and trade unions.

Question 6. Please also tell us: Where appropriate, what is your view, or the view of your organisation, on how long it would take to achieve the target set out from your preferred option above?

42. Summary of submissions received: Respondents provided several responses to this, however most were aware that improving the number of disabled people in the public sector, their experiences at work, as well as halving the disability employment gap, are long term issues which may take years to make a real difference.

43. Scottish Government response: In A Fairer Scotland for Disabled People – Employment Action Plan we have set out our plans and timescales for halving the overall disability employment gap^[11] across all sectors. In this we are committing to a step change in approach by setting targets for 2023 and 2030, and to halve the disability employment gap by 2038.^[12] As part of achieving our ambition we will set out our time scales for a Scottish Government target for disabled workers in the forthcoming Recruitment and Retention Plan.

Question 7. If you or your organisation do not think setting targets would bring about a significant change to the disability employment rate in the public sector, please tell us why.

44. Summary of submissions received: Among other things, respondents expressed concerns that targets may drive unwanted behaviours. For example, respondents expressed concerns that: targets can be met without making a real difference, suggesting targets have been tried before without leading to meaningful change in practice; and that it is important that jobs offered to disabled people are fair and sustainable

45. Scottish Government response: The Scottish Government believes that targets together with other supporting measures to improve workers’ reporting levels and cultural change could make a real difference, therefore we will set a target for our own workforce in the first instance and test its impact. We will engage and involve other public sector bodies and share our learning around target setting as well as other measures, encouraging, supporting and challenging them to take similar steps to improve the employment of disabled people in their organisations (for example through our Sponsor Teams, public sector HR networks, and by contacting and engaging with the NDPD Chief Executive Group, Scottish Councils' Equality Network, and devolved public bodies).

Question 8. What other measures or options do you, or your organisation, think could be put in place to:
a) employ more disabled people in the public sector; and,
b) support disabled people to remain in employment in the public sector?

46. Summary of submissions received: Respondents suggested measures such as: improving recruitment and application processes; ensuring culture is changed/ improved; providing disability equality training; offering flexible working practices; reviewing sickness policies; and providing advice and guidance to both employers and workers on reasonable adjustments.

47. Scottish Government response: The suggested measures will be considered as part of our development of Scottish Government’s Disability Recruitment and Retention plan. In addition, during spring 2019 we will engage with Scottish Government workers, Trade Unions and Disabled People’s Organisat­­­ion to further shape and inform our Recruitment and Retention Plan.

48. We will also build on the learning from the external recruitment campaigns we ran in 2018 which took targeted action to attract and improve success rates for disabled applicants, and the positive action event ‘Future Leaders Diversity Conference’ which was held in September 2018.

Question 9. Do you, or your organisation, have any views on monitoring and reporting of the actions needed to increase disability employment rates in the public sector?

49. Summary of submissions received: Most respondents thought that data should be reported in a consistent and standardised way, and in line with existing reporting regimes, such as required by the Equality Act.

50. Scottish Government response: As noted in the response for question 1, there will be a review of the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 during 2019, and this will be taken into consideration.

51. We will consider reporting and monitoring of targets as we develop our Recruitment and Retention plan with a view to improving standardisation and transparency. We will share this also with public sector bodies and other partners.