PUBLIC SECTOR EQUALITY DUTY

Transcription

1 PUBLIC SECTOR EQUALITY DUTY A toolkit for trade union reps

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3 INTRODUCTION Legislation covering equal pay and gender equality has been in place for more than 40 years yet women are still treated unfairly in the workplace, and in society. The trade union movement has a proud history of fighting for those who experience injustice and inequality. Today the fight for equal rights for women continues. The public sector equality duty (PSED) replaced the gender equality duty in Under PSED, public sector employers are responsible for ensuring that they not only eliminate discrimination but that they also actively promote gender equality in the workplace. The trade union movement has been at the forefront of the campaign for equal pay, and work to secure flexible working, and access to childcare, and it is important that trade union reps are able to use the tools provided by PSED to continue this work. This toolkit is designed to give trade union reps an understanding of PSED, and explain how it differs from the gender equality duty that it replaced. It describes what employers are obliged to do under PSED, and how reps can use PSED for the benefit of their members. 1

4 WHAT IS THE PUBLIC SECTOR EQUALITY DUTY? There are two elements to PSED. The general duty, which applies to all public bodies, and is set out in the Equality Act 2010, and the specific duties, which are specific to Scotland, apply to listed public bodies and are set out in the Equality Act 2010 (Specific Duties) (Scotland) Regulations The purpose of the specific duties is to help public authorities to meet the general duty. Under the PSED general duty, public authorities in Scotland, when carrying out their functions, must have due regard to the need to: eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act; advance equality of opportunity between people who share a relevant protected characteristic and those who do not, such as women and men; and foster good relations between people who share a protected characteristics and those who do not, such as women and men. As well as covering gender, PSED also covers the following other protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, and sexual orientation. PSED also covers marriage and civil partnership, with regard to eliminating discrimination in employment. By taking into account the impact of gender on women s and men s employment opportunities, life experiences, well-being and use of public services, public sector employers can remove barriers and promote equality. 2

5 The gender pay gap and the causes of the pay gap are the most significant issues facing women in the workplace today. Occupational segregation, an unequal share of caring responsibilities, and pay discrimination mean that women still receive unequal pay in Scotland. PSED will help trade union reps tackle these issues when negotiating with public sector employers. Public Sector Equality Duty Equality Act 2010 The general duty Eliminate discrimination, harassment and victimisation Advance equality of opportunity Foster good relations Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 The specific duties Report on mainstreaming Gather information Equality outcomes Gender pay gap information Equal pay statement Occupational segregation information Impact assessment 3

6 WHICH EMPLOYERS ARE COVERED? The general duty Bodies which carry out public functions, for example, government departments; local authorities; police, fire, and prison services; armed forces; colleges and universities; NHS; inspection bodies; nondepartmental public bodies (NDPBs); Scottish Enterprise and Highlands and Islands Enterprise. Some private companies are covered as well, for example, those which carry out public functions on behalf of a public sector employer, whereby they would be exercising functions which would otherwise be carried out by the state. For example, privatised utilities, private security firms managing contracted-out prisons, and GPs providing services under a contract to health boards. But these private employers are covered by the duty only to the extent of their public functions, not their private activities such as contracts with private firms or employment of staff. The specific duties Many of the authorities that are subject to the general duty are also covered by the specific duties. Details of these listed public authorities can be found in Appendix 2 of Essential Guide to the Public Sector Equality Duty: A guide for public authorities (Scotland) published by EHRC Scotland. Listed bodies include Scottish Government; NDPBs that are headquartered in Scotland; all colleges and universities; all NHS health boards; all local authorities; and police, fire and prison services. 4

7 WHAT EMPLOYERS HAVE TO DO THE GENERAL DUTY Public authorities in Scotland, when carrying out their functions, must have due regard to the need to: eliminate unlawful discrimination, harassment and victimisation and other prohibited conduct; advance equality of opportunity between people who share a relevant protected characteristic and those who do not, such as women and men; and foster good relations between people who share a protected characteristics and those who do not, such as women and men. These are the requirements of the general duty and are at the core of PSED. Eliminate unlawful discrimination, harassment and victimisation This means that employers have to consider how to end all forms of unlawful discrimination, harassment and victimisation, as outlawed by the Equality Act (and previously the Equal Pay Act and Sex Discrimination Act) not only in relation to employment but also with regard to the employer s other activities such as policy-making, service delivery, provision of facilities and premises and so on. Advance equality of opportunity This may mean treating women and men differently in recognition of the fact that because of their sex or gender roles, they are not in the same position. For example, where an action is aimed at overcoming previous disadvantage, this would be in recognition of the fact that men and women are not starting from an equal footing. However, treating women and men differently is only lawful to the extent allowed by the Equality 5

8 Act. For example, employers are allowed to choose a woman over a man for a promoted post if they are both equally qualified candidates and where women are under-represented in a particular grade but it is not currently lawful for employers to give female staff a 100 bonus on Mother s Day. Foster good relations This means having due regard to the need to tackle prejudices (for example, tackling homophobic bullying in schools) and promote understanding (for example, promoting understanding of different faiths) and is more applicable to other protected characteristics than it is to gender. All employers will have to analyse which of their activities could make a difference to gender equality, and prioritise actions to achieve equality between women and men. THE SPECIFIC DUTIES There are a number of specific duties that apply to listed public sector employers. The specific duties set out the steps that employers should take to help them meet the general duty, and include actions on the gender pay gap, equal pay, and occupational segregation. Under the specific duties, a listed employer must publish a document or documents that include: A report on the progress it has made in mainstreaming the general duty into the exercising of its functions. Information disaggregated by protected characteristics, such as gender, on recruitment and promotion, numbers of part-time and full-time staff, pay and remuneration, training and development, the return to work of women on maternity leave, grievances (including those about 6

9 harassment), disciplines (including those about harassment) and dismissals, and other reasons for leaving. Details of the progress that the employer has made in gathering and using the information to better meet the general duty. A set of equality outcomes and the progress made to achieve these. Information on the gender pay gap within the organisation. An equal pay statement that includes information on occupational segregation. Involve people who share a protected characteristic, and those that represent them, such as trade unions. Take into account any information it considers relevant. Equality impact assessments which should be carried out on an ongoing basis, and published soon after. This information must be published by 30 April 2013 and subsequently at intervals of not more than two years. The employer must publish this information on its website so that anyone can look at it. Information about what each of these elements should cover is included in this toolkit. 7

10 What your employer should be doing Gender Race Disability Gather employment information Immediately Immediately Immediately Publish employment information in a report on mainstreaming By 30 April 2013, and then every two years. By 30 April 2013, and then every two years. By 30 April 2013, and then every two years. Publish equality outcomes and report on progress 30 April 2013, with a report on progress every two years, and a new set of outcomes every four years 30 April 2013, with a report on progress every two years, and a new set of outcomes every four years 30 April 2013, with a report on progress every two years, and a new set of outcomes every four years Publish gender pay gap information By 30 April 2013, and then every two years.* - - Publish a statement on equal pay including information on occupational segregation By 30 April 2013, and then every four years.* By 30 April 2017, and then every four years.* By 30 April 2017, and then every four years.* *The requirement to publish gender pay gap information, and a statement on equal pay, only applies to organisations with 150 or more full-time equivalent employees. 8

11 WHAT EMPLOYERS HAVE TO DO: REPORT ON MAINSTREAMING Previously, under the gender equality duty, employers were required to produce a gender equality scheme to show how they intended to fulfil the general and specific duties. The scheme also set out their gender equality objectives or priorities. PSED requires employers to publish a report on the progress it has made in mainstreaming the general duty into the exercising of its functions. This means that the employer must consider the three elements of PSED (eliminating discrimination, harassment and victimisation; advancing equality; and fostering good relations) in exercising its business functions and processes, including budget setting and project planning. Employers should develop a plan to show how it will mainstream PSED into the exercising of its functions. Employers should use tools such as equality impact assessment and ensure that equality features in business planning template, committee or other decision-making reports, and other policy development mechanisms. Further information on equality impact assessment is on page 20. Union reps should check the employer s plan to ensure that it is the best way for the employer to meet its obligations under PSED. Employers should use tools such as equality impact assessment to ensure that equality features in business planning templates, committee or other decision-making reports, and other policy development mechanisms. 9

12 CHECKLIST FOR THE REPORT ON MAINSTREAMING: What reps should ensure the employer has done The employer has published a report on mainstreaming. The report contains the information that is has gathered. The report details the progress that it has made in gathering and using that information to enable it to better meet PSED. 10

13 WHAT EMPLOYERS HAVE TO DO: GATHER INFORMATION A listed employer must gather information on its workforce and it must be disaggregated by protected characteristics, such as gender. This should include information on: recruitment and promotion; pay and remuneration; training and development; return to work of women on maternity leave; return to work of disabled employees following sick leave relating to their disability; grievances (including those about harassment); disciplines (including those about harassment); and dismissals and other reasons for leaving. The employer must collate information collated for both full-time and parttime employees. Gathering information and monitoring of equalities is essential to achieving gender equality. If the characteristics of employees are unknown then they cannot be considered when setting policy. CHECKLIST FOR GATHERING INFORMATION: What reps should ensure the employer has done The employer has robust monitoring procedures in place. The employer has gathered the required disaggregated information about the workforce. The information includes full-time and part-time employees. 11

14 WHAT EMPLOYERS HAVE TO DO: EQUALITY OUTCOMES Listed employers are required to publish a set of equality outcomes that will enable them to meet the general duty. In preparing their equality outcomes, employers must: take reasonable steps to involve people who share a protected characteristic, and those who represent the interest of those people, such as trade unions; and consider relevant evidence relating to people who share a relevant protected characteristic. An outcome is the result that an employer aims to achieve. Examples of equality outcomes on gender equality might include: 1. The gender pay gap of the organisation is reduced by 2.5 percentage points. 2. Women s representation in the senior management grade is increased by 25 percentage points. If an employer s outcomes do not meet the general duty in relation to every protected characteristic, it must publish the reasons why not. Employers must publish a set of equality outcomes by 30 April A report on the progress made to achieve these the equality outcomes must be published by 30 April An employer must publish a new set of equality outcomes within four years of publishing the previous set. 12

15 Union reps should negotiate to get union participation in any consultation activities around the outcome setting process. Reps should also seek to jointly set the equality outcomes with the employer and jointly review the progress towards achieving the equality outcomes. In setting the outcomes, employers should consider all relevant evidence including information gathered about the workforce, the gender pay gap, occupational segregation, as well as evidence directly from members. Unions reps are ideally placed to identify which issues are the most pressing at a local workplace level and this knowledge should inform the process for setting equality outcomes. For example, reps may already have identified that work should be undertaken to increase the number of women in management. However, if reps require assistance to identify which issues are most relevant, Close the Gap can provide support and guidance in doing this. CHECKLIST FOR EQUALITY OUTCOMES: What reps should ensure the employer has done The union is involved in any consultation activities. The union and the employer jointly set equality outcomes. The employer has involved people with shared protected characteristics, and those who represent them such as trade unions. The employer has considered relevant evidence, including any provided by groups representing those with a shared protected characteristic, such as trade unions. The employer has published a set of equality outcomes. The union and the employer jointly review progress towards achieving the equality outcomes. 13

16 WHAT EMPLOYERS HAVE TO DO: GENDER PAY GAP INFORMATION In addition to the information required in the mainstreaming report, listed public sector employers with 150 or more full-time equivalent staff must also publicise their gender pay gap information. The first publication of this must be by the 30 April 2013 and subsequently at intervals of no more than two years. Employers are required to publish a single figure which is the percentage difference between men s and women s average hourly pay, excluding overtime. To arrive at this figure, employers can use the following steps. They will need employee data that identifies whether an employee is male or female, and which includes their basic pay. Step one Step two Determine the basic (excluding overtime) hourly rate of pay for each employee. If the basic pay data is expressed in an annual salary, then employers should divide this until they have an hourly rate. This will enable the pay of part-time employees to be compared with full-time employees. Calculate the average hourly rate of pay for male employees, and female employees. Find out the mean average by adding together all of the individual hourly rates of pay, and then divide this by the total number of employees. Do this separately for male employees and female employees. 14

17 Step three Work out the percentage gap in pay, by using the following calculation: (A B) 100 = TOTAL 100 TOTAL = PAY GAP A = female average hourly rate B = male average hourly rate Employers should publish the PAY GAP figure. This information should be easily accessible on an employer s website so that anyone can look at it. The pay gap figure is an indication of where an organisation is at in terms of achieving gender equality. Occupational segregation, a lack of flexible working, and pay discrimination contribute towards the pay gap. Reps should ensure that they are familiar with the causes and how they manifest within their own organisation. CHECKLIST FOR THE GENDER PAY GAP INFORMATION: What reps should ensure the employer has done The employer has published a gender pay gap figure using accurate calculations. The figure is available is easily accessible on the employer s website. 15

18 WHAT EMPLOYERS HAVE TO DO: EQUAL PAY STATEMENT Listed public sector employers with 150 or more full-time equivalent staff are required to publish an equal pay statement. This equal pay statement is different from the equal pay statement that was required as part of the gender equality duty, in that it requires employers to publish a policy on equal pay, and information on occupational segregation. The first equal pay statement must be published by the 30 April 2013, and then every four years after that. The first equal pay statement only needs to relate to gender but subsequent equal pay statements should also include race and disability. Like the report on mainstreaming, the equal pay statement should be easily available on an employer s website for anyone to look at. The equal pay statement should set out how the employer intends to deliver equal pay for all staff and the measurable steps they will take to achieve this. When writing an equal pay statement, employers are recommended to consider each of the causes of the gender pay gap, as described on pages 27 and

19 An equal pay policy should: commit the organisation to carry out an equal pay review and monitor pay regularly in partnership with trade union(s)/employee representatives; set objectives on equal pay; identify actions to be taken; implement that action in a planned programme, in partnership with the workforce; assign responsibility and accountability for the policy to a senior manager; and commit the organisation to set aside the necessary resources to achieve equal pay. Occupational segregation Public sector employers are required to publish information about occupational segregation within the equal pay statement. There are two types of occupational segregation. Horizontal segregation refers to the clustering of men and women into different types of work. In relation to a public sector employer, this might mean more women working as cleaners and more men working as maintenance workers. Vertical segregation refers to the clustering of men and women into different levels of work. In relation to a public sector employer, this means more men working as senior managers and more women working in the lowest grades. Employers are required to provide data on occupational segregation that refers to both horizontal and vertical segregation. 17

20 Employers will need to provide data on occupational segregation in a way that addresses both types of occupational segregation. This might look something like the following grid. Grade HR Legal Finance TOTAL Men Women Men Women Men Women Men Women TOTAL An example of an outcome on occupational segregation might be: 1. More women are recruited on to the engineering graduate trainee scheme and occupational segregation is reduced. 2. The employer has published accurate information on occupational segregation. 18

21 CHECKLIST FOR THE EQUAL PAY STATEMENT: What reps should ensure the employer has done The employer has published an equal pay statement. The equal pay statement is available on the employer s website. The employer has committed to carrying out an equal pay review and, in partnership with the trade union, to regularly monitor pay. The employer has set objectives on equal pay, and created actions to achieve these. The actions to address unequal pay have been implemented The equal pay statement names which senior manager is responsible for this work. The employer has published information on horizontal segregation. The employer has published information on vertical segregation. 19

22 WHAT EMPLOYERS HAVE TO DO: EQUALITY IMPACT ASSESSMENT Under the previous gender equality duty, public sector employers were required to assess how policies and practices will affect men and women. Equality impact assessment is a way of examining policies, proposals and plans to detect and assess their differential impact on men and women so that any potential inequalities can be addressed before implementation. Under PSED, employers are still required to carry out equality impact assessment. This means that they must assess the impact of applying a proposed new, revised or existing policy or practice. Policies and practices covers all the proposed and current activities which the employer carries out, including its employment and service delivery functions. In assessing the impact of policies and practices, employers must: consider relevant evidence relating to those who share a protected characteristic and those who do not, such as men and women; take account of the results of the policy or practice; publish the results of the assessment, within a reasonable time, if they decide to implement a policy or practice; and Review and, where necessary, revise existing policies or practices. 20 In relation to meeting the general duty, this means that employers must: ensure that the policy or practice does not discriminate unlawfully; consider how the policy or practice might better advance equality of opportunity; and consider whether the policy or practice will affect good relations between different protected characteristics, such as men and women.

23 Employers must consider relevant evidence, including evidence received from equality groups, and other groups that represent people with a shared protected characteristic such as trade unions. Where a negative impact, or missed chance to promote equality of opportunity, is identified through an impact assessment, employers must consider taking action to address the issues, for example removing negative impact, where possible, and exploiting any potential for positive impact. 21

24 A CHECKLIST FOR IMPACT ASSESSMENT: WHAT YOU SHOULD BE LOOKING FOR EMPLOYERS TO DO What the employer should do What trade union reps should do Step 1: Identify the main aims of the policy Identify what the policy will do and what affect it will have on staff, in particular, establish whether the policy affects both men and women or just men or women. If it affects only men or women, it should be decided if that is appropriate and consistent with the aims of the policy. Confirm what the main aim of the policy is and check that the employer has identified the effects it will have on men and women. Once any effects on groups of staff are identified, determine whether this is appropriate and consistent with the aims of the policy. Step 2: Collate existing information Establish what is already known about men s and women s experiences in relation to the policy. Review existing policy information and research including the experiences of staff. Ensure that the employer has collected, and is using, accurate information to inform decisions. It might be useful to find out the experiences of members. Step 3: Filling knowledge gaps If necessary, seek further information from gender and employment specialist organisations such as Close the Gap, Scottish Resource Centre for Women in Science Engineering and Technology, Engender and EHRC. Again, check that the information the employer is using is accurate. It may be useful to survey members for additional information. 22

25 Step 4: Applying the knowledge Determine what this information tells you; what will the impacts of the new policy be and will it make things better or worse for men and women? How does this compare with existing policies? Has the employer identified the real impacts of the new policy and who it will affect? Have any groups of workers been omitted? Step 5: Making changes to the policy Decide whether any changes need to be made. These should be both proportionate to the aims and impact of the policy and should also promote equality of opportunity. If changes are being made, it should be clear how they will be made and by whom. Check that the employer has identified all the changes that need to be made in light of the aims of the PSED. Ensure that the employer has stated who will be making the changes and how this will happen. Step 6: Monitor and sign-off Finally, set plans to monitor the policy, to ensure that its impact is not discriminatory. Agree with the trade unions what information will be required to measure future progress. The impact assessment should be jointly signed-off by the employer and the trade union. Agree with the employer the process by which the impact of the policy will be measured. Ensure that this is done in partnership with the trade union. Jointly sign-off the impact assessment. 23

26 IMPACT ASSESSMENT: A WORKED EXAMPLE - PROPOSED CHANGES TO THE FLEXIBLE WORKING POLICY What the employer should do What trade union reps should do Step 1: Identify the main aims of the policy The employer is reviewing family friendly policies and proposes to introduce a change in the flexible working policy. Currently staff must work core hours of 10.00am to 3.00pm, and can work flexitime outwith these times. The employer proposes to change the core working hours to 9.00am to 4.00pm to save money on overheads such as heating and lighting outside of core hours. The main aim of the policy is to provide staff with a better work-life balance. In particular, this policy will offer assistance to staff balancing their caring responsibilities. The policy will affect both men and women but as women do the majority of unpaid caring, the policy will have a greater impact on female staff. The policy will affect both male and female staff. Step 2: Collate existing information The employer reviews its HR files to gather information on staff uptake of flexible working provisions. The employer surveys staff to gauge views on the proposed changes to the policy. Check information collected by employer is accurate. Consult members on the proposed changes to the flexible working policy, and how a change would affect them. Contact trade union office for research and case studies on flexible working. 24

27 Step 3: Filling knowledge gaps The employer reviews existing legislation to ensure that it is complying with current law on flexible working. The employer researches new case studies on types on current employer practice around flexible working Check information collected by employer is accurate. Investigate undertaking a possible further survey if membership as a follow-up to initial consultation in Step 2. Contact Close the Gap for more detailed information on the business benefits of flexible working that could be used to persuade the employer. Step 4: Applying the knowledge The employer concludes that there is no saving to be made in changing the core working hours to between 9.00am and 4.00pm and that many (predominantly female) staff would be unable to accommodate a 9.00am start with their caring responsibilities. The policy would have a negative impact on female and male employees. Agree that the policy will have a negative effect on all employees although female employees will female employees will be disproportionately impacted because they are more likely to have caring responsibilities. Consultation with the membership has shown that a 9.00am start would not allow sufficient flexibility for staff with caring responsibilities, predominantly women, to drop-off children at childcare. Research also shows that there is no cost saving to made with this policy. 25

28 Step 5: Making changes to the policy Meet with trade union reps to negotiate proposed changes to the policy. Agree to withdraw changes to flexible working policy, as proposed by the trade union. Meet the employer to negotiate around the changes to policy, and propose that no changes are made Step 6: Monitor and sign-off Agree with the trade union to continue to monitor the uptake of the flexible working policy and commit to carry out another impact assessment of the policy on women and men to ensure it is not discriminatory. This will be done by the HR manager and union reps. Impact assessment of the proposed changes to the flexible working policy are agreed jointly and signed off by the employer and trade union. Agree with the employer to monitor the uptake of flexible working over the next year and carry out another impact assessment to determine the impact of the policy on women and men to ensure that it is not discriminatory. This will be done by the HR manager and the union reps. Impact assessment of the proposed changes to the flexible working policy are agreed jointly and signed off by the employer and trade union. 26

29 EQUAL PAY: WHAT IS THE GENDER PAY GAP? Equal pay law has been in place for more than 40 years but there is still a massive inequality between men s and women s pay. There is a 11% gap between men s and women s full-time hourly rates and 32% gap when you compare women s part-time hourly rate to men s full-time hourly rate 1. There are three main factors that are responsible for the gender pay gap. Occupational segregation Stereotyping about women s capabilities and skills results in women working into predominantly female occupations are associated with low pay. These include cleaning, catering, clerical (admin), caring, and cashiering (retail work). There are also barriers, sometimes called the glass ceiling, which make women less likely to be found in senior management roles. Lack of flexible working Women also experience discrimination because they are more likely to have caring responsibilities for children, sick relatives, disabled people, or older people. A lack of flexible working in many workplaces means that women are required to look for part-time work in order to balance their many responsibilities. As most part-time work is in low-paid occupations, this means that women s pay is likely to go down. Pay discrimination There is also discrimination in pay systems, with many women being paid less for work that is the same or similar, or of the same value as male colleagues work. 1. Annual Survey of Hours and Earnings

30 There can be many factors within pay systems that lead to inequalities, including individuals being appointed to different points on the pay scale; male jobs having disproportionate access to bonus earnings; women having less access to high-paid shift and overtime work; performancerelated pay being unfairly awarded; women not receiving the same access to training; sex bias in analytical job evaluation schemes. The most effective way for an organisation to uncover unequal pay and put it right is to carry out an equal pay review. These are sometimes called equal pay audits. More information on how trade union reps can make equal pay part of the bargaining agenda can be found in the Close the Gap Toolkit for Trade Union Reps. See 28

31 HOW REPS CAN USE THE PUBLIC SECTOR EQUALITY DUTY: An example Case Study: Introduction of initiatives to tackle the glass ceiling A public sector employer carried out an equal pay review which revealed that there was a gender pay gap of 19% within the organisation. One of the causes of this pay gap was revealed to be the underrepresentation of women in senior positions. Consequently, the trade union decided to include the issue of women being unable to break through the glass ceiling within their bargaining agenda. A number of suggestions were made by the trade union in relation to how the issue could be addressed. The employer and the trade union agreed to introduce two new initiatives; a mentoring programme for women who were interested in progressing to more senior positions and equalities training for staff with responsibility for recruitment. In their annual performance reviews, female staff were asked whether they would be interested in progressing to a more senior role and if so, were given the opportunity to participate in a mentoring project. The project enabled them to be mentored by a senior member of staff, to facilitate their learning and development and gain access to unofficial networks within the organisation. In partnership with the trade union, the employer also designed an equalities training programme for staff with responsibility for recruitment to ensure that the organisation s recruitment procedures were fair and free from discrimination. This included methods for encouraging applications from the widest possible pool, writing clear and objective job descriptions and person specifications, ensuring that advertisements use gender-neutral terms, and guidance on non-discriminatory interview techniques. The employer and the trade union also agreed a process for monitoring the progress of these new initiatives and agreed to review them after carrying out an impact assessment after a period of one year. 29

32 GLOSSARY DIVERSITY The recognition and valuing of difference, in its broadest sense. It is about creating a culture and practices that recognise, respect, value and harness difference for the benefit of employees, members of the public and service users. DUE REGARD This concept is based on proportionality and relevance. It is the weight given to gender equality, which should be proportionate to its relevance to a particular function. The greater the relevance of the function of the duty, then they greater the regard should be paid to it. EQUAL PAY REVIEW Involves comparing the pay of women and men who are doing equal work in an organisation, investigation the causes of any pay gaps by gender and planning to close any gaps that cannot be justified on the grounds other than gender. EQUALITY Equality does not mean that women and men will become the same but that women s and men s rights, responsibilities and opportunities will not depend on whether they are born male or female. Gender equality implies that the interests, needs and priorities of both women and men are taken into consideration recognising the diversity of different groups of women and men. GENDER Refers to roles, attitudes, values and behaviours that men and women are encouraged to adopt by society. These characteristics can vary depending on the society around us. For example, historically, a gender role would suggest that women should look after children at home while men go to work in the formal labour market. 30

33 GENDER MAINSTREAMING Making sure that gender issues are built into the processes and outputs of a public sector employer. It is an approach to integrating gender considerations into all facets of work. It involves ensuring that gender perspective and the goal of gender equality is central to all activities, whether policy development, resource allocation, research, and planning, implementation and monitoring of programmes and projects. It integrates a gendered awareness into each aspect of work, rather than considering gender separately. PROTECTED CHARACTERISTIC A shared characteristic including age, disability, gender, gender reassignment, pregnancy and maternity, race, religion or belief, sexual orientation, age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation, which is protected under the Equality Act. OUTCOME The result that the employer aims to achieve. For example, the number of female joinery apprentices is increased by 12 per centage points and occupational segregation is reduced. 31

34 32 REFERENCES Close the Gap (2005) Bargaining for Equal Pay, Glasgow Equality and Human Rights Commission (2012) Essential Guide to the public sector equality duty: a guide for public authorities (Scotland), Glasgow FURTHER INFORMATION AND ADVICE A detailed list of electronic resources for reps working towards equal pay can be found at: Additional information can be found at:

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36 THE PROJECT Close the Gap works across Scotland with trade unions and employers to encourage and enable action to address the gender pay gap. The project has been operating since The project partners are Scottish Government, Scottish Trades Union Congess, Equality and Human Rights Commission, Skills Development Scotland, Scottish Enterprise, and Highland and Islands Enterprise. Close the Gap 333 Woodlands Road Glasgow G3 6NG Published June 2012 Design Fiona Menzies