These slides outline the public sector regulations as they apply to Scottish public authorities.

1. [ERRIGAL consulting on Equality & Diversity]
The Public Sector Equality Duty
[Scottish regulations]
www.errigalconsulting-equality.co.uk

2. The duty in context
• The duty is part of the Scottish Government National
Performance Framework and as such will assist the
Government purpose of:
• “focusing Government and public services on
creating a more successful country, with
opportunities for all of Scotland to flourish, through
increasing sustainable economic growth” and
demonstrate that as a Government:
• “we have tackled the significant inequalities in
Scottish society” (National Outcome 7).
www.errigalconsulting-equality.co.uk

3. The duty in context – Christie
recommendation
• “the Scottish Government should:
– work with the EHRC and other stakeholders to identify the key
equality gaps in Scotland, and
– address these gaps through further development of the
outcomes and indicators contained within the National
Performance Framework; and
– to produce guidance on how the public sector equality duty can
best be expressed in the context of partnership working”.
www.errigalconsulting-equality.co.uk

4. Overview
• Mainstreaming equality
• Equality outcomes
• Assessment and review
• Employment information
• Gender gap information
• Equality pay statement
• Procurement
• Scottish Ministers duty
• Publication duty
www.errigalconsulting-equality.co.uk

5. Equality outcomes
• Explained as a change which is to be achieved to further one or more of the
3 parts of the public sector duty – eliminate discrimination; advance
equality; foster good relations
• A set of outcomes must be published – first set is due by 30th April 2013
and subsequently every 4 years thereafter
• Outcomes must be prepared by:
– involving people with the protected characteristics
– considering relevant evidence
• If outcomes do not further the 3 parts of the PSD in relation to every
characteristic reasons for this must be published
• A report on action taken and progress made against the outcomes is to be
published every 2 years
www.errigalconsulting-equality.co.uk

6. Mainstreaming equality
• The report published every 2 years will include:
– Organisational progress made to mainstream equality
– Individual protected characteristic improvements as a
result
– Annual breakdown of the employment information
captured and how the information has been used to
meet the PSD
www.errigalconsulting-equality.co.uk

7. Assessment and review of policies &
practices
• The duty focusses on conducting the assessment and includes:
– Assessing the impact of proposed policies and practices
– Identifying changes and revisions made as a result of an
assessment
• Previously a screening process was often used to determine whether or
not to carry out an equality impact assessment – this will no longer be
regarded as the assessment
• The assessment must include:
– Evidence relating to people with the protected characteristic
– Evidence received from people with the protected characteristic
• The results of the assessment must be taken into account
www.errigalconsulting-equality.co.uk

8. Assessment and review of policies &
practices
• The assessment must be published within a reasonable timeframe of the
policy / practice being actioned
• Arrangements must be made to review and where necessary revise existing
policy & practice to ensure PSD compliance
• The new focus for assessing the impact is against the 3 parts of the PSD:
• Eliminate discrimination
• Advance equality of opportunity:
• Foster good relations
• And within these to consider each protected characteristic
www.errigalconsulting-equality.co.uk

9. Capturing and using employment
information
• Annual data gathering exercise:
– Number and characteristics of employees
– Recruitment, development and retention of its employees
• This information must be used to assist in meeting the
PSD
• The information to form part of the mainstreaming report
if not reported elsewhere
www.errigalconsulting-equality.co.uk

10. Gender pay gap
• For the period an authority has 150 or more employees it
must publish pay gap information
• Pay gap information is:
– The percentage difference between men‟s average hourly pay
and women's average hourly pay (excluding overtime)
• Publish this information by 30th April 2013 and every 2nd
year thereafter – (unless the number of employees drops
below 150).
www.errigalconsulting-equality.co.uk

11. Equal pay statement
• The statement to be published every 4years for all periods where the
employees number 150 or more.
• The statement must cover its policy on equal pay and occupational
segregation between:
– Women and men
– Disabled people and non-disabled people
– People in a minority racial group and those who are not
• Occupational covers a concentration of people in grades or occupations
• The first statement to cover women and men – subsequent statements to
include disability and BME data
• Scottish Ministers will review whether 150 is the appropriate cut off point
www.errigalconsulting-equality.co.uk

12. Public procurement
• A procurement agreement must have due regard to
whether the award criteria should include consideration
to meet the PSD
• Where „performance conditions‟ are part of an
agreement due regard needs to be given to including
considerations to meet the PSD
• Where the subject of the contract is not related to the
PSD no action need be taken
www.errigalconsulting-equality.co.uk

13. Scottish Minsters Duty
• By 31st December 2013 and every 4 years thereafter
Ministers must publish proposals for activity which will
enable listed authorities to better perform their PSD.
• To publish a report on progress no later than 31st
December 2015 and every 4years thereafter
www.errigalconsulting-equality.co.uk

14. [ERRIGAL consulting on Equality & Diversity]
www.errigalconsulting-equality.co.uk