GENDER EQUALITY SCHEME

Introduction

1.1 The aim of the Gender Equality Scheme is to help deliver better services to the people of the Western Isles. All the Comhairle’s policies, practices and services are based on equality of opportunity in service delivery and employment.

1.2 The Equality Act 2006 requires the Comhairle to produce it’s Gender Equality Scheme. The Scheme will build on the equality and inclusion work being carried out and will further enable us to develop actions to achieve equality for women, men, girls and boys.

1.3 The Comhairle is;

committed to eliminating gender inequality

promoting equality between women, men, girls and boys

recognises that there are gender differences in;

peoples life chances
the services they gain access to
the type of jobs they do
how well pupils achieve at school

acknowledges that other equality issues such as race, disability, religion or belief, sexual orientation and age also affect peoples lives.

1.4 The Comhairle recognises that there is more work to be done in this area. The Scheme, when approved, will be regularly monitored, reviewed and developed in line with best practice and legislation.

Aim and Vision of the Scheme

2.1 The Comhairle’s Policy Statement on Equality of Treatment and Access; Employment and Service Provision recognises the changing diversity of the population of the Western Isles is potentially one of the Comhairle’s greatest strength and asset and as such is committed to treating everyone fairly and equitably – respecting and valuing diversity.

2.2 With a population of 26,000 spread through the Western Isles and with 2,200 employees in the workforce, the aim of the Comhairle is to continue to improve services where possible and listen to the people of the Western Isles in relation to aspects of service delivery when things could be done in a different, or better, way.

2.3 The vision for Comhairle nan Eilean Siar is to;

ensure the workforce reflects the diverse population of the Western Isles
promote gender equality and diversity
challenge sex discrimination
provide inclusive, responsive and accessible service for the populations of the Islands
care for staff
encourage good practice in employment and service delivery from our Partners
to create and protect a healthy, independent and safe way of life for all
to safeguard and strengthen the unique environment of the Western Isles

The Gender Equality Duty

3.1 In July 2005 the Government produced an Equality Bill with the purpose of ensuring that people are treated fairly and equally (i.e. are not subject to discrimination). Within this bill a Gender Equality Duty was established for the public sector. The new legal Duty places a requirement on public bodies to be proactive and to promote gender equality within their service delivery and employment. It is recognised that public authorities can make an enormous contribution towards removing the barriers to equal opportunities that exist in society.

3.2 The legislation outlines both a General Duty and Specific Duties.

The General Duty requires that every public authority in carrying out its functions should:

Eliminate unlawful discrimination and harassment, taking active steps to comply with both the Sex Discrimination Act and the Equal Pay Act

Take active steps to promote equality of opportunity between men and women when carrying out their functions and activities.

In addition, public bodies are required to comply with the Specific Duties which are:

To produce and publish a Gender Equality Scheme (GES) identifying Gender Equality goals and actions to meet those goals.

To consult with employees and stakeholders in the development of the GES.

Monitor and review progress. The Scheme will need to be reviewed every three years.

To publish an annual report on progress with the Action Plan.

To develop and publish an equal pay policy including measures to address promotion, development and occupational segregation.

To conduct and publish gender impact assessments of all legislation and major policy developments and publish their criteria for conducting such assessments.

3.3 The act also makes provisions on prohibiting discrimination on the grounds of sexual orientation in employment and the provision of goods, services, facilities, education, use and disposal of premises and the exercise of public functions.

Progressing Equalities at Comhairle nan Eilean Siar

4.1 Policy and Resources Committee

Policy and Resources Committee, chaired by the Vice Convener, has the Lead Role for Members for Equalities. The Chair ensures, through the Chief Executive, that inclusion and diversity is central to the Comhairle’s performance and service delivery agenda.

4.2 Management Team

Management Team, chaired by the Chief Executive, consists of all Directors who have the responsibility for progressing equality within their individual portfolio.

4.3 Contact Officers

Contact Officers are usually the Heads of Service in each Department responsible for progressing equalities within the service area across the portfolio.

4.4 The Equal Opportunities Services

This is currently located within the Human Resources Section and has responsibility for ensuring the co-ordination and mainstreaming of the equalities agenda within the Comhairle.

4.5 The Community Planning Forum

The Community Planning Forum is an information and consultation channel for all community partners to enable two way communication with minority groups within the Western Isles.

Achievement and Priorities

5.1 A key factor in order to achieve Gender Equality will be the work already undertaken to mainstream the equalities agenda. This has included;

Race Equality Scheme – The Comhairle has published comprehensive race equality targets against which it continues to be monitored.

Disability Equality Scheme – The Comhairle has published a disability equality scheme with ongoing development of an Action Plan with Disability groups and identifying increased resources to support disability groups in relation to the amended Action Plan.

Equality and Diversity Training is ongoing for all Comhairle employees and Members.

Recruitment – Discrimination based on gender in the field of employment will be identified through a monitoring of the employment process and where it is identified, challenged and addressed. Recruitment and selection decisions are based upon objective and measurable selection criteria related strictly to the requirements of the job. All staff involved in the interviewing process attends appropriate training.

Employee Development and Appraisal – The employee development and appraisal process is under continuous review and requires managers and staff to discuss any equalities issues in particular any specific areas of concern that may be highlighted and addressed appropriately.

Policies – Comhairle nan Eilean Siar has adopted Policies to ensure that;

female and male employees are paid the same for doing equal work

personnel policies and procedures apply fairly to all employees

Workforce Monitoring Report – The Comhairle carries out workforce profiling which is hoped through analysis will identify gaps/inequalities and then actions can be progressed through the Gender Equality Scheme and Action Plan.

Domestic Violence Prevention – Through the Community Partnership there has been extensive work in developing a Domestic Abuse Policy in relation to employees and also the community. Then aim of the policy is to increase awareness in the community ultimately leading to a reduction in domestic violence.

Staff survey – Employee opinion surveys have been restricted to surveys designed for Scotland’s Health at Work Scheme. The target is an annual survey mapping how employees feel about issues which affect them and the Comhairle.

5.2 Comhairle nan Eilean Siar is working towards achieving the following gender goals:

A more representative workforce at all levels of the Comhairle

A workforce profile has identified;

there is a low percentage of women as top earners within the Comhairle as shown by the Performance Indicators, 29.6% of women in the top 2% of earners, 36% of women in the top 5% of earners

women make up about 67 % of the workforce and this is not reflected in senior posts

A Pay Grading Model which is compliant with Equal Pay Legislation

The Single Status project has been ongoing for the past 5 years but it is anticipated to implement a new grading structure during 2007/08 which will ensure equal pay between men and women.

A range of flexible working options

Research has shown that a lack of flexible working options can prevent career progression for people with caring responsibilities. A wide range of flexible working options must be looked at with the proactive promotion of flexible working.

Access to training reviewed

Training can enhance career progression and mobility and the introduction of career routes as increased training availability must be done fairly. Also educating staff on equality issues promotes inclusion and reduces discrimination. Increased numbers of staff at all levels must access equalities training.

The production of a statement on Transgender Equality

Transgender employees must feel protected and supported. A statement on Transgender Equality must be produced which will be circulated throughout the authority.

Increased support and action in the areas of Domestic Violence reduction and hate crim

In incidents of Domestic Violence;

women are the majority of victims
men are the majority of perpetrators. Failure by employers to support victims of domestic violence can result in the victims losing their job and/or suffering more serious consequences. Women from certain cultures may find it particularly difficult to escape domestic violence. Managers need specific training and a framework within which to support anyone involved in domestic violence.

The Comhairle is currently working on the implementation of a corporate Domestic Abuse Policy which involves training for Managers to enable them to support employees who are victims of domestic violence.

Increase the attainment of Boys and the career aspirations of Girls

Some boys are not doing as well at school as they should and girls tend to choose careers within a narrow field of occupations despite out performing boys academically. Work needs to be done to reduce teenage pregnancies. The detail of how to address these problems will be contained in the Action Plan.

More Accessible and Inclusive Services

Good practice requires that;

The development of services should take account of individual needs and differences. an approach which is inclusive and takes account of needs and differences associated with age, gender, race, religion, culture, disability, sexuality, etc. of service users and their carers.

The targeting of resources to those in greatest need through high quality cost-effective services.

A commitment to providing needs-led community care services.

A partnership approach which involves the expertise and contributions of all relevant agencies and others involved.

The provision of accessible information that explains who can access a service and where, when and how it will be delivered.

Monitoring information is collected from customers and disaggregated by Gender to ensure there is no disadvantage for the customer based on their gender or gender identity.

Customer feedback is requested and whenever possible acted upon to improve services.

The actions the Comhairle will take in relation to providing more accessible and inclusive services are contained within the attached Action Plan. These actions should result in the following:

Improved monitoring information about customers.

Services reviewed and improved in response to customer feedback.

Increased number of service areas seeking customer feedback.

Improved information about the services the Comhairle provide in a variety of formats.

More customer centred service development.

More responsive services.

Improved Partnership working.

Applying the Gender Equality Duty to the procurement function

Where a contractor is carrying out a public function on behalf of a public authority, the legal liability for the gender duty in relation to that function remains with the public authority which contracts out the function. Therefore relevant gender equality considerations will need to be built in to the procurement process, to ensure that all the public authority’s functions meet the requirements of the statutory duty, regardless of who is carrying them out.

Monitoring and Reporting Progress

6.1 The Scheme will become part of the Corporate Equalities Plan which is a three year Strategic Plan outlining the equality targets and demonstrating the Comhairle’s commitment to achieve equality and inclusion for people who live and work in the Western Isles.

6.2 The Action Plan attached at Appendix 1 will be reviewed every year.

ACTION PLAN

A more representative workforce at all levels of the Comhairle.

ACTION	RESULTS	LEAD OFFICER	TARGET DATE
A quality of Life Survey will be conducted to find out what issues the public are concerned about.	Relevant issues affecting women’s and men’s lives are identified for the Comhairle to consider for action.	Head of Human Resources	March 2008
Services areas to carry out equality impact assessments using the EIA Toolkit. Gender will be included as one of the six equality areas to be assessed.	EIAs will identify any adverse impact for women and men in respect of provision of services and employment and action will be taken to address them.	All Heads of Service	April 2007 – March 2010
Meaningful gender equality objectives and targets in respect of service delivery to be in all Service Equality Action Plans.	Service Areas will be able to consider Gender equality more effectively when target setting and doing service review and development.	All Heads of Service	December 2007
To undertake an annual review of the Gender Equality Scheme (including Action Plan) and report on progress. To produce an interim report each year and carry out a full review after 3 years (2010), producing a revised GES.	To ensure the GES is kept up to date and reflects both internal and external feedback. Publication of an Annual Report that includes progress and revision of the GES.	Head of Human Resources	November 2007 March 2008

ACTION PLAN

A Pay Grading Model which is compliant with Equal Pay Legislation.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

Gather information to ascertain if there is a gender pay gap in its workforce.
Consider the need to have objectives that address any gender pay gap.
Publish Policy on Equal Pay between men and women.
Consider carrying out an Equal Pay Review.
Gather evidence on the impact of caring (?) responsibilities on the workforce.
Collect evidence on the extent of occupational segregation in the workforce.

Compliance with Gender Equality Duty and eliminate discrimination.

Single Status Project Manager

28 September 2007

ACTION PLAN

A range of flexible working options.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

Map all current flexible working arrangements in order to establish a baseline.

Identify any barriers for employees wishing to access flexible working.

Publicise the availability of flexible working to all employees in the organisation.

Extend the range of available flexible working options.

Review arrangements for providing support and information to carers.

Review the harassment and bullying procedures to ensure that the elements relevant to sexual harassment, including issues around Transgender, are fully covered.

Baseline figure on which to build a framework for managing flexible working within the organisation.

The removal of barriers to flexible working.

More employees flexible working at all levels of the organisations.

An increase in the number of men working flexibly.

More support and advice for employees who have caring responsibilities from the Comhairle.

All employees and managers know their responsibilities around sexual harassment, how to report and deal with it appropriately and support those involved.
Transgender people will feel more supported in the organisation.

Head of Human Resources

March 2008

ACTION PLAN

Access to Training Reviewed.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

To provide briefing sessions on the Gender Equality Scheme to Members and employees.

Members and employees are aware of the Gender Equality Duty and their responsibilities under that duty and how it impacts upon their work and service delivery.

Head of Human Resources

June 2007

ACTION PLAN

The production of a statement on Transgender Equality.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

Improve access to information and support for Transgender employees undergoing gender reassignment.

Ensure that information and support for Transgender employees is of the highest standard.

The Comhairle’s duty and commitment as an employer are explained in a simple statement or policy, which is communicated to all staff.

People undergoing gender reassignment receive appropriate support at work.

Information and support for employees can be accessed easily and confidentially.

Head of Human Resources

March 2008

ACTION PLAN

Increased support and action in the areas of Domestic Violence reduction and Hate Crime.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

Develop a corporate Domestic Violence Strategy and action.

Make sure equalities training reflects the complexities of domestic violence prevention issues and how to support appropriately people experiencing domestic violence.

All employees and managers know their responsibilities around recognising when a member of staff may be suffering domestic violence, how to deal with it appropriately and support those involved.
People experiencing Domestic Violence will feel more supported within the Comhairle.

Head of Human Resources

April 2009

ACTION PLAN

Increasing the attainment of Boys and the career aspirations of Girls.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

Each school gathers information on the effect of the education authority’s policies and practices in relation to the extent to which they promote equality between male and female pupils.

Each school assess the impact of its policies and practices, or the likely impact of its proposed policies and practices, on equality between male and female pupils.

Provide the education authority with an annual report in respect of the information the school has gathered and the impact assessments it has conducted.

Carry out such steps which the education authority proposes to take toward the fulfilment of its general duty.

Maintain a copy of a report which records the implementation by the school of these arrangements.

Ensuring that schools are fully involved in working with the education authority to meet both the authority’s general and specific duties.

Ensure that the impact of the Gender Equality Duty will be felt directly both by schools and by pupils.

Donald A Macleod

ACTION PLAN

More Accessible and Inclusive Services.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

Service Areas will acquire and analyse customer satisfaction by gender.

The Council require all Partners to be working toward gender equality and inclusion.

Services will develop in a more gender inclusive way.

The Comhairle can demonstrate that it has made marked improvements in its gender equality work.

Customers will receive a more cohesive service.

The Comhairle can share best practice with other organisation.

Continue to work constructively with the voluntary sector representatives.

Community involvement is inclusive and effective.

Head of Human Resources

On going

ACTION PLAN

Applying the Gender Equality Duty to the procurement function.

ACTION

RESULTS

LEAD OFFICER

TARGET DATE

In the production of specifications and evaluation of tenders, comply with all relevant statutory regulations that relate to equal opportunities, racial equality and disability and insist that supplies (and their supply chain) do the same.

Wherever possible and appropriate, include equalities issues within specifications.

Include equalities criteria in the process for supplier appraisal, contract award and Contractor Performance Management.

Provide training for all staff involved in procurement work in all aspects of equalities.

Ensuring the effective implementation of the Gender Duty by the procurement process, which is important due to the large numbers of contracts with private and voluntary organisations for goods, works and services.

Head of Central Services

March 2008

GENDER EQUALITY STATEMENT AND POLICY

Comhairle nan Eilean Siar acknowledges that discrimination can lead to (if not managed) inequality in access to; jobs, training, development and services. As the major employer and provider of services in the Western Isles, the Comhairle will continue to promote and champion equality for all employees and users of our services.

The Comhairle recognises that important differences can exist between different women and that continued attention will be given to the specific needs of all women.

The Comhairle acknowledges that women can be under-represented in the workforce (at senior levels) if not managed and has made a commitment to seek to redress any imbalance. The contribution of women at all levels is vital and the Comhairle will endeavour to make full use of their skills, experience, knowledge and perspective.

The threat (and use) of social and domestic violence against women can limit choices and aspirations. The effect can be to reduce women’s full participation in everyday life. In accepting its role as an employer and provider of services, the Comhairle will promote public awareness and encourage programmes designed to reduce its incidence.

The Comhairle recognises that women form a significant proportion of our service users and is committed to promoting good practice and removing barriers which may prevent women from making full use of our services.

The Comhairle will continue to;

take action to ensure that any discriminatory barriers are removed and will monitor, review and evaluate the results of our actions

work to create equal access to jobs, training, development and services

recognise that caring and domestic responsibilities are often traditionally held by women. Support the fact that both women and men may need to work flexibly or part-time or take a break to meet their caring responsibilities

support employees (as far as practicable) to care for others who depend on them in emergency and other situations (whatever their gender)

create an environment where managers recognise the needs of employees in relation to workplace gender issues, for example, where employees may be isolated in single sex dominated workplaces will ensure the culture is not one of harassment and discrimination

work in partnership with other organisation to combat sexual harassment and domestic violence will take preventative action when practical and prosecute if necessary

Sexual harassment or discrimination will not be tolerated.

The Comhairle understands that Transgender issues relate to gender equality.

The Comhairle is committed to complying with the statutory obligations set by the Equal Pay Act (1970), Sex Discrimination Act (1975) (1986), Article 119 of the Treaty of Rom and European Community Legislation and Directives.

APPENDIX 2

COMHAIRLE NAN EILEAN SIAR
EQUAL OPPORTUNITIES STATEMENT AND POLICY

General Statement

Vision, aims and objectives

The Comhairle’s overall aim is to provide Best Value public services that sustain and improve the quality of life for all people in Na h-Eileanan an Iar.

The key objectives of the Equal Opportunities Policy support the Comhairle’s aims and values by setting out commitment to;

promotion of equality of opportunity
promotion of good relations between people with diverse backgrounds and needs
elimination of harassment, unlawful and institutional discrimination and victimisation

The Comhairle recognises that groups can experience inequalities in their lives.

The Comhairle also acknowledges that institutional structures, practices and procedures can be discriminatory. The Comhairle is committed to complying with all United Kingdom (and European Community) anti-discriminatory legislation. The Comhairle will examine the effects of Legislation and Directives to assess any impact on groups.

The Comhairle will not tolerate; harassment, discrimination or victimisation on any grounds.

Service Delivery, Performance Management and the Corporate Equality Plan

The Corporate Plan is a three year (high level) overarching strategic plan which set clear equality targets to ensure that all customers benefit from improving services. This Plan is supported by Equality Plans including; Equality of Treatment and Access, Employment and Service Provision, Disability Equality Scheme and Gender Equality Scheme.

Employment and Staffing

Members and all employees accept their personal responsibility in the practical application of this Policy.

All employee recruitment and selection is carried out in accordance with the Recruitment and Selection Procedure and those involved in recruitment are appropriately trained.

All relevant aspects affecting the composition of the workforce including applications, short-listing, interviews, appointments, promotions, departures or dismissals are monitored and the information obtained is actively used to devise action plans, positive action training and other steps to promote greater equality throughout the workforce.

Disciplinary cases and grievances are carried out in accordance with the Comhairle’s Procedures and those staff involved in hearing such cases are appropriately trained and/or experienced.

Discriminatory language and behaviour which offends of threatens colleagues or customers is not tolerated. Where it is necessary, action to deal with such instances will be taken under the Comhairle’s harassment and discrimination policies and procedures.

The Comhairle does not tolerate inappropriate language, behaviour or violence to staff by service users and again will take appropriate action to protect staff if such incidents occur.

Training

The Comhairle recognises the importance of developing staff to meet the needs of a range of customers and to contribute fully to our corporate policies. A variety of training programmes are available to staff and elected members.

Relations with Outside Organisations/Contractors

The Comhairle promotes its values on equality of opportunity in its dealings with partner and other outside organisations, contractors, suppliers, as part of any contract for local government services and with any agencies that the Comhairle endorses or funds (within existing legislation).

Communication

The Comhairle will make facilities available to enable elected members and staff at all levels to communicate effectively with (for example, those people whose first language is not English, people who are deaf or have a hearing impairment, those who are blind or visually impaired).

Consultation

Individuals and groups who represent the needs of all groups will be consulted throughout the decision making process on issues which affect them in order for us to maintain up to date awareness of their needs and requirements.

Monitoring and Evaluation

The Equal Opportunities Policy will be monitored and evaluated to ensure that it is kept relevant and up to date. Key information on important aspects of employment and service delivery will be collated and analysed to obtain a detailed understanding of how policies and practices are working towards creating equality of opportunity. Particular attention will be given to the level to which a service provides for all client groups. In order to establish this, the Comhairle will continue to monitor; use of services, participation, staffing and community engagement. Action will be taken to deal with any disparities that are identified.

Definitions

The Comhairle derives the following definitions which appear in its policy statement from the relevant equal opportunities legislation; it is these conditions that the equal opportunities policy and the Equality Plans are designed to overcome:

Direct discrimination; when a person or group is treated less favourably directly because of a personal characteristic, such as race, gender disability, religion, age or sexual orientation. Direct discrimination is unlawful.

Indirect discrimination: where a criterion, policy, procedure, practice or condition which applies equally to everyone has the effect of disadvantaging people from a particular group and cannot be justified. Indirect discrimination is unlawful.

Institutional discrimination: is where, for example, an organisation’s processes, procedures, attitudes, behaviours or organisational structures, through unwitting prejudice, ignorance, thoughtlessness and stereotyping, amount to less favourable treatment. Institutional discrimination is unlawful.

Harassment: is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment having regard to all the circumstances and the perception of the victim; harassment can include behaviour that is offensive, frightening or in any way distressing. It may be intentional bullying which is obvious or violent, but it can also be unintentional or subtle and insidious. It may involve behaviour which may not be intended to be malicious but nevertheless is upsetting. It may be about the individual’s personal identity or it may be about the identity of those with whom the individual associates. It may not be targeted at an individual(s) but consist of a general culture. Harassment is unlawful.

Victimisation: is when an individual is treated detrimentally because they have made a complaint or intend to make a complaint about discrimination or harassment or have given evidence or intend to give evidence relating to a complaint about discrimination or harassment. Victimisation is unlawful. If victimisation happens or if organisations fail to take reasonable steps to prevent it happening, they may be liable and may be ordered to pay compensation.