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Welcome and overview of the public sector equality duty: specific duties for Scotland Gary Loke, Head of Policy, Equality Challenge Unit. Equality Challenge Unit.
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Welcome and overview of the public sector equality duty: specific duties for ScotlandGary Loke, Head of Policy, Equality Challenge Unit
Equality Challenge Unit Equality Challenge Unit (ECU) supports the higher education sector across the UK and colleges in Scotland to realise the potential of all staff and students, whatever their race, gender, disability, sexual orientation, religion and belief, or age, to the benefit of those individuals, higher education institutions (HEIs) and colleges and society.
Equality in Colleges in Scotland • 70.7% of students are in part-time study • Female students - majority for all non-SET subjects. • BME students increasing but small number (5.8%) 50.3% of BME students study in Glasgow. • Proportion of students who declared a disability increased from 11.4% in 2005/6 to 13.6% in 2010/11. • Proportion of students aged 36 and over has dropped from 38.9% in 2005/6 to 29.7% in 2010/11.
Equality statistics for HE in Scotland • 8.8% of all students studying in the UK study in Scotland. • 7.1% BME, compared with 18.4% BME UK-Wide. • 7.8% of students studying in Scotland declared a disability. • 53.5% of students in Scotland were aged 21 and under; RUK (49.3%). • 70.2% of undergraduates obtain a 1st or 2:1; significantly higher than RUK.
Equality statistics for HE in Scotland cont. • Female students in Scotland more likely to get a 1st or 2:1 (72.6% female qualifiers, compared to 67.0% male). • In Scotland, 71.7% of UK-domiciled White qualifiers achieved a 1st or 2:1, compared with 59.0% of UK-domiciled BME qualifies – a degree attainment gap of 12.7%. • 67.8% of declared disabled qualifiers obtained a 1st/2:1, compared with 70.4% of those who declared no disability or whose disability status was unknown.
Context of the duties • Designed to help public authorities develop better, evidence-based policies and practices, improve transparency and accountability; and deliver better outcomes for everyone in Scotland • Direct relevance to National Outcome 7 –tackling significant inequalities • Also integral to achieving national and local outcomes on safety, children and young people and life chances
Equality Act 2010 – Public Sector Equality Duty • Came into force on 5 April 2011 • Replaces the previous separate equality duties • Consists of a general duty supported by specific duties • Covers the following protected characteristics:
Public Sector Equality Duty ... in the exercise of its functions, (a college or HEI) should have due regard to the need to— • eliminate unlawful discrimination, harassment, victimisation and any other conduct that is prohibited by the Equality Act; • advance equality of opportunity between people from different groups • foster good relations between people from different groups
Specific duties – overview • The general duty is underpinned by specific duties set by the Scottish Parliament. • These specific duties commenced on 27 May 2012. • The specific duties aim to help colleges and HEIs perform better in meeting the general duty. • Colleges and HEIs must meet both the general duty and the specific duties – it is not enough to meet the specific duties alone.
Specific duties – requirements • Report on progress on mainstreaming the general duty into all functions • Develop and publish a set of equality outcomes that cover all protected characteristics • Assess the impact of policies and practices • Gather and use information on employees • Publish gender pay gap information • Publish statements on equal pay for gender, race and disability • Have due regard to the general duty in specified procurement practices • Publish information in a manner that is accessible
Mainstreaming the general duty Colleges and HEIs must: • Publish a report on the action and progress made in mainstreaming the general duty by 30 April 2013 • Use existing reporting mechanisms The report should include: • an annual breakdown of employment information • details of the progress that has been made in gathering and using employment information to better perform the general duty.
Equality outcomes Colleges and HEIs must: • Prepare and publish a set of equality outcomes by 30 April 2013 and every four years thereafter • Consider relevant evidence • Take reasonable steps to involve people • Publish reasons if equality outcomes do not cover all of the protected characteristics • Review and publish a report on progress by 30 April 2015 and every two years thereafter
Impact assessment Colleges and HEIs must: • Assess the impact of proposed new or revised policies and practices against the three needs of the general duty • Consider relevant evidence • Take account of results • Publish the results of impact assessments in a reasonable manner and within a reasonable period • Make arrangements to review existing policies and practices
Employment information Colleges and HEIs must: • take steps to gather information on the number and relevant protected characteristics of employees, including information on recruitment, retention and development • use that information to better perform the general duty • report on progress, including information gathered, within the mainstreaming report
Specific duties – gender pay gap and equal pay statement Colleges and HEIs must: • publish their gender pay gap by 30 April 2013 and subsequently at two-year intervals • publish a statement on equal pay and occupational segregation by 30 April 2013 and subsequently at four-year intervals • The first statement must contain information on women and men, the second and subsequent statements must contain information on disability and race.
Further resources • ECU (2012) The public sector equality duty: specific duties for Scotland. www.ecu.ac.uk/publications/the-public-sector-equality-duty-specific-duties-for-scotland • ECU (2012) Equality Act 2010: implications for colleges and HEIs.www.ecu.ac.uk/publications/equality-act-2010-revised • Updates and guidance on the Equality Act and implications for higher education institutions and colleges.www.ecu.ac.uk/subjects/equality-act-2010 • Series of guides for public authorities in Scotland on how to meet the requirements of the Equality Act 2010. www.equalityhumanrights.com/scotland/public-sector-equality-duty • Latest information and updates to the Equality Act 2010 from the Scottish government.www.scotland.gov.uk/Topics/People/Equality • Scottish government equality evidence finder.www.scotland.gov.uk/Topics/People/Equality/Equalities/DataGrid
Contact details Equality Challenge Unit 7th Floor Queens House 55/56 Lincoln's Inn Fields London WC2A 3LJ Tel: 0207 438 1010 info@ecu.ac.uk www.ecu.ac.uk