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Publication - Report

Equality Outcomes and Mainstreaming Report 2013

Published: 30 Apr 2013

Report on how the public sector equality duty is being integrated across Scottish Government functions.

232 page PDF

3.2MB

232 page PDF

3.2MB

Contents
Equality Outcomes and Mainstreaming Report 2013
Annex H: Crown Office and Procurator Fiscal Service staff diversity data

232 page PDF

3.2MB

Annex H: Crown Office and Procurator Fiscal Service staff diversity data

Crown Logo

COPFS Equality Policies and Practices in the Workplace

Introduction

The following describes the degree to which employees with protected characteristics, as defined in the Equality Act 2010 (The Act), are represented in COPFS. It includes the following reports showing numbers of people with protected characteristics:

  • overall COPFS employees headcount at December 31 st 2012
  • the number of people who applied for vacancies at COPFS in 2012
  • a breakdown of those employees who were promoted at COPFS in 2012
  • the numbers of people who attended training courses held by COPFS in 2012
  • the numbers of people who left COPFS including the reasons why in 2012
  • an equal pay report, and
  • an occupational segregation report at 31 st December 2012.

This information is provided in accordance with section 149 of the Act and by analysis of it, will show how COPFS will meet its General Duty, to have 'due regard' to the need to:

a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act

b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

In this way it will show that COPFS employment policies are aligned to those in the Mainstream Equality report and the accompanying ' COPFS Equality Outcomes 2013'. In short, it provides a general description of the whole employment situation at COPFS and the plans it has developed in order to deal with possible shortfalls there may be in relation to the minimum standards expected by the Act. It also provides a detailed analysis, as part of this overall description, of its equal pay, gender gap analysis and occupational segregation position and progress made towards the Specific Duties as required by the Act.

PROFILE REPORTS

COPFS' Salary Structure

COPFS' salary structure is detailed below. Apart from Senior Civil Service grades, each is negotiated annually by either the First Division Association ( FDA) for legal staff, or the Public and Commercial Services union ( PCS) for administrative staff.

Pay Bands with salary ranges are as follows:

Pay Band

Salary Range

B

£16,036 - £18,217

C

£20,573 - £25,285

D

£24,707 - £29,736

E

£33,072 - £40,364

F

£44,263 - £52,847

G

£53,060 - £64,733

PFD (Procurator Fiscal Depute)

£34,150 - £46,365

SPFD (Senior Procurator Fiscal Depute)

£45,084 - £52,540

PPFD (Principal Procurator Fiscal Depute)

£48,899 - £60,489

SCS (Senior Civil Service) Pay Band 1

£65,000 - £117,750

SCS (Senior Civil Service) Pay Band 1A

£75,000 - £128,900

SCS (Senior Civil Service) Pay Band 2

£93,000 - £162,500

SCS (Senior Civil Service) Pay Band 3

£99,960 - £208,200

PFD Training Year 1

£30,098

PFD Training Year 2

£31,256

Trainee Solicitor Year 1

£18,667

Trainee Solicitor Year 2

£20,837

COPFS Headcount

Gender

Work pattern

Gender

Female

Male

All employees

Full-time

854

64.4%

473

35.6%

1327

100.0%

Part-time

321

92.8%

25

7.2%

346

100.0%

All employees

1175

70.2%

498

29.8%

1673

100.0%

chart

Disability

Work pattern

Disability status

Disabled

Not disabled

Prefer not to answer

Not known

All employees

Full-time

65

4.9%

1241

93.5%

2

0.2%

19

1.4%

1327

100.0%

Part-time

11

3.2%

329

95.1%

1

0.3%

5

1.4%

346

100.0%

All employees

76

4.6%

1570

93.8%

3

0.2%

24

1.4%

1673

100.0%

No disclosure control has been applied to this table because the only small numbers are in the 'Prefer not to say' column.

chart

Ethnic Origin

Work pattern

Ethnic Group

#White

##Asian

Not known

Prefer not to answer

###Other

All employees

Full-time

1215

91.6%

*

*

56

4.2%

27

2.0%

*

*

1327

100.0%

Part-time

323

93.4%

*

*

14

4.0%

2

0.6%

*

*

346

100.0%

All employees

1538

91.9%

22

1.3%

70

4.2%

29

1.75%

14

0.85%

1673

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals.

# White includes Scottish, Other British, Irish, Gypsy / Traveller, Polish and any other ethnic group or background.

## Asian includes Asian, Asian Scottish or Asian British

### Other includes Arab, Arab Scottish or Arab British and any other ethnic origin not separately recorded.

chart

Sexual Orientation

Work pattern

Sexual Orientation

Gay, Lesbian, Bi-sexual and other sexual orientations

Heterosexual/straight

Prefer not to answer

Not known

All employees

Full-time

23

1.7%

900

67.8%

97

7.3%

307

23.2%

1327

100.0%

Part-time

0

0.0%

228

65.9%

18

5.2%

100

28.9%

346

100.0%

All employees

23

1.4%

1128

67.4%

115

6.9%

407

24.3%

1673

100.0%

chart

Belief or Religion

Work pattern

Religion or Belief

Agnostic

Atheist

Church of Scotland

Other Christian

Humanist

Full-time

*

*

66

5.0%

113

8.5%

284

21.4%

10

0.8%

Part-time

*

*

11

3.2%

38

11.0%

85

24.5%

0

0.0%

All employees

20

1.2%

77

4.6%

151

9.0%

369

22.1%

10

0.6%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Muslim

None

Roman Catholic

No Response

Prefer not to answer

*

*

220

16.6%

126

9.5%

322

24.3%

153

11.5%

*

*

46

13.3%

43

12.4%

98

28.2%

16

4.6%

13

0.8%

266

15.9%

169

10.1%

420

25.1%

169

10.1%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Other

All employees

*

*

1327

100.0%

*

*

346

100.0%

9

0.5%

1673

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Gender Reassignment

There are no records for COPFS employees under this protected characteristic.

Age

Work pattern

Age Group

16-29

30-39

40-49

50-54

55-59

60+

All employees

Full-time

250

18.9%

332

25.0%

376

28.3%

201

15.1%

127

9.6%

41

3.1%

1327

100.0%

Part-time

29

8.4%

106

30.6%

136

39.3%

30

8.7%

26

7.5%

19

5.5%

346

100.0%

All employees

279

16.7%

438

26.2%

512

30.6%

231

13.8%

153

9.1%

60

3.6%

1673

100.0%

chart

Marital Status

Work pattern

Marital Status

Divorced

Married/ Civil Partnership

Not known

Full-time

75

5.6%

614

46.2%

46

3.5%

Part-time

11

3.2%

243

70.2%

10

2.9%

All employees

86

5.2%

857

51.2%

56

3.3%

Prefer not to answer

Separated Single Widowed All employees

24

1.8%

*

*

532

40.1%

*

*

1327

100.0%

3

0.9%

*

*

72

20.8%

*

*

346

100.0%

27

1.6%

33

2.0%

604

36.1%

10

0.6%

1673

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

2. Recruitment and Selection

In 2012, COPFS published 139 internal and external adverts filling a total of 280 permanent/fixed term job vacancies. The total number of people who applied for an advertised job opportunity in COPFS was 1956. The number of applicants can be broken down in terms of protected characteristics as follows:

Recruitment - Gender

Female

Male

No Response

Prefer not to answer

Total

1237

63.2%

683

34.9%

27

1.4%

9

0.5%

1956

100%

Recruitment - Age

<20

21 -25

26-30

31-35

36-40

41-45

208

10.6%

693

35.4%

378

19.3%

178

9.1%

121

6.2%

115

5.9%

46-50

51-55

56-60

61 +

No Response

Prefer not to answer

Total

97

5%

62

3.2%

*

*

*

*

53

2.7%

24

1.2%

1956

100%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Secondary data suppression has also been necessary to prevent the calculation of the suppressed values by differencing

(also shown as *).

Recruitment - Sexual Orientation

Gay/Lesbian/Bisexual

Heterosexual/Straight

No Response

Prefer not to answer

Total

47

2.4%

1723

88.1%

48

2.4%

138

7.1%

1956

100%

Recruitment - Belief or Religion

Agnostic

Atheist

Church of Scotland

Other Christian

Hindu

Humanist

Muslim

63

3.2%

135

6.9%

174

8.9%

518

26.5%

6

0.3%

11

0.6%

48

2.5%

None

Other

Roman Catholic

No response

Prefer not to answer

Total

637

32.6%

28

1.4%

181

9.2%

26

1.3%

129

6.6%

1956

100%

Recruitment - Ethnic Origin

White

Caribbean or Black Background

Not known

Prefer not to answer

Other

All employees

1115

57%

6

0.3%

749

38.3%

59

3%

27

1.4%

1956

100%

Recruitment - Disabled

Yes

No

Prefer not to answer

Unknown

Total

61

3.1%

1818

93%

41

2.1%

36

1.8%

1956

100%

Modern Apprenticeships

In 2012, COPFS introduced a Modern Apprenticeship programme with a focus on vocational training, core skill development and recognised qualifications. Government initiatives have been introduced to specifically target youth unemployment, particularly those aged 16-25 and of 460 total applications received for our apprenticeship, 79% of those successful were grouped within this age bracket.

We are unable to provide the full breakdown in terms of all protected characteristics for reasons of data protection, given that some of the categories have particularly small numbers.

This data will continue to be analysed as the Modern Apprenticeship programme progresses in future.

3. Promotions

The number of employees promoted into permanent positions at COPFS in 2012 was 22 . The protected characteristics of this group are as follows:

Gender

Female

Male

Total

14

63.6%

8

36.4%

22

100%

For reasons of data protection, given the relatively small numbers involved, we have not included figures relating to age, ethnic origin/nationality, religion and belief, or sexual orientation.

4. Training and Development

In 2012 1080 of COPFS employees attended at least one training course. On average employees received 1.83 days of training. The protected characteristics of this group are detailed below:

T&D - Gender

Female

Male

Total

751

69.5%

329

30.5%

1080

100%

T&D - Sexual Orientation

Bisexual
Gay/Lesbian

Heterosexual/Straight

Prefer not to answer

Unknown

Total

17

1.6%

706

65.4%

76

7.0%

281

26%

1080

100%

T&D - Religion or Belief

Agnostic

Atheist

Church of Scotland

Other Christian

Humanist

Unknown

11

1%

49

4.5%

101

9.3%

231

21.4%

6

0.6%

247

22.9%

Muslim

Other

Roman Catholic

None

No response

Prefer not to answer

Total

11

1%

3

0.3%

93

8.6%

178

16.5%

47

.4.4%

103

9.5%

1080

100%

T&D - Ethnic Origin

White

Other

Prefer not to answer

Not known

Total

958

88.7%

31

2.9%

50

4.6%

41

3.8%

1080

100%

T&D - Disabled

Yes

No

Total

35

3.2%

1045

96.8%

1080

100 %

5. Leavers

In 2012, 191 people left COPFS . They left for the following reasons (resignation, dismissal, early severance, ill health…). The following table shows this per protected characteristic:

Reason

Gender

Female

Male

All leavers

Resignation

31

63.3%

18

36.7%

49

100.0%

Retirement

*

*

*

*

16

100.0%

Voluntary exit

32

69.6%

14

30.4%

46

100.0%

End of fixed-term appointment

38

61.3%

24

38.7%

62

100.0%

Transfer to OGD

5

50.0%

5

50.0%

10

100.0%

Other

*

*

*

*

8

100.0%

All leavers

124

64.9%

67

35.1%

191

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Reason

Age Group

16-29

30-39

40-49

50-54

55-59

60+

All leavers

Resignation

13

26.5%

15

30.6%

8

16.3%

6

12.2%

*

*

*

*

49

100.0%

Retirement

*

*

*

*

*

*

*

*

5

31.3%

11

68.8%

16

100.0%

Voluntary exit

*

*

*

*

8

17.4%

8

17.4%

22

47.8%

*

*

46

100.0%

End of fixed-term appointment

44

71.0%

6

9.7%

*

*

*

*

*

*

5

8.1%

62

100.0%

Transfer to OGD

*

*

*

*

*

*

*

*

*

*

*

*

10

100.0%

Other

*

*

*

*

*

*

*

*

*

*

*

*

8

100.0%

All leavers

60

31.4%

27

14.1%

27

14.1%

18

9.4%

33

17.3%

26

13.6%

191

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Reason

Sexual Orientation

Gay, Lesbian, Bi-sexual and other sexual orientations

Heterosexual/straight

Prefer not to answer

Not known

All leavers

Resignation

*

*

33

67.3%

*

*

14

28.6%

49

100.0%

Retirement

*

*

8

50.0%

*

*

7

43.8%

16

100.0%

Voluntary exit

*

*

15

32.6%

*

*

27

58.7%

46

100.0%

End of fixed-term appointment

*

*

43

69.4%

*

*

17

27.4%

62

100.0%

Transfer to OGD

*

*

*

*

*

*

*

*

10

100.0%

Other

*

*

*

*

*

*

*

*

8

100.0%

All leavers

2

1.0%

107

56.0%

8

4.2%

74

38.8%

191

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Secondary data suppression has also been necessary to prevent the calculation of the suppressed values by differencing

(also shown as *).

Reason

Religion or Belief

Church of Scotland

Other Christian

None

Other

Prefer not to answer

Not known

Total

Resignation

8

16.3%

6

12.2%

10

20.4%

8

16.3%

3

6.1%

14

28.5%

49

100%

Retirement

*

*

*

*

*

*

2

12.4%

1

6.2%

7

43.6%

16

100%

Voluntary exit

*

*

8

17.4%

*

*

3

6.5%

6

13.1%

26

56.5%

46

100%

End of fixed-term appointment

7

11.3%

11

17.7%

16

25.8%

12

19.4%

1

1.6%

15

24.2%

62

100%

Transfer to OGD

*

*

*

*

*

*

1

10%

1

10%

4

39.9%

10

100%

Other

*

*

*

*

*

*

0

0.00%

1

12.5%

5

62.5%

8

100%

All leavers

21

11.0%

31

16.2%

29

15.2%

26

13.6%

13

6.8%

71

37.2%

191

100%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Reason

Ethnic Origin

White

Other

Prefer not to answer

Not known

Total

Resignation

43

87.8%

5

10.20%

*

*

1

2%

49

100%

Retirement

13

81.3%

*

*

*

*

3

18.8%

16

100%

Voluntary exit

41

89.1%

*

*

*

*

1

2.2%

46

100%

End of fixed-term appointment

57

91.9%

*

*

*

*

1

1.6%

62

100%

Transfer to OGD

9

90%

*

*

*

*

0

0%

10

100%

Other

7

87.5%

*

*

*

*

1

12.5%

8

100%

All leavers

170

89%

11

5.7%

3

1.6%

7

3.7%

191

100%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Secondary data suppression has also been necessary to prevent the calculation of the suppressed values by differencing

(also shown as *).

Reason

Disability status

Disabled

Not disabled

All leavers

Resignation

*

*

*

*

49

100.0%

Retirement

*

*

*

*

16

100.0%

Voluntary exit

*

*

*

*

46

100.0%

End of fixed-term appointment

*

*

*

*

62

100.0%

Transfer to OGD

*

*

*

*

10

100.0%

Other

*

*

*

*

8

100.0%

All leavers

7

3.7%

184

96.3%

191

100.0%

Counts of less than 5 have been suppressed and shown as * to prevent the possible disclosure of information about individuals

Secondary data suppression has also been necessary to prevent the calculation of the suppressed values by differencing

(also shown as *).

6. Disciplinary Cases

The number of Disciplinary cases processed in 2012 was 11. We have omitted protected characteristic definitions for reasons of data protection, given the relatively small numbers involved.

Breakdown

Totals

11

Gender

Male

Female

Total

5

45.5%

6

54.5%

11

100%

7. Equal Pay Report and Gender Gap Analysis

Please see Appendix 1 for a detailed report of numbers of in terms of employee pay progression. The following analyses shows male to female pay differences in average pay per grade. Overall the review shows there is no gender bias.

Pay Band

Female's average hourly pay

Male's average hourly pay

B

£8.23

£8.11

C

£11.01

£10.88

D

£13.37

£13.34

E

£17.73

£17.90

F

£22.11

£21.68

G

£29.04

£28.42

PFD

£18.68

£19.01

SPFD

£22.11

£22.60

PPFD

£27.04

£27.02

SCS

£33.42

£35.14

8. Occupational Segregation

In general grades describe occupational categories, allowing occupational segregation to be analysed:

Grade

Male

Female

Total

% male

% female

B

175

503

678

25.8

74.2

C

45

162

207

21.7

78.3

D

68

143

211

32.2

67.8

E

15

15

30

50.0

50.0

F

4

10

14

28.6

71.4

PFD

43

136

179

24.0

76.0

SFPD

54

96

150

36.0

64.0

PPFD

46

58

104

44.2

55.8

G

16

13

29

55.2

44.8

SCS

14

18

32

43.8

56.3

TS

16

23

39

41.0

59.0

Totals

496

1177

1673

29.6

70.4

Vertical Segregation

COPFS has a 30:70 split of males to females across the organisation. The statistics show that there is a disproportionately high level of female employees in junior administration and a disproportionately low level of female employees in the more senior management grades (Band E and above for Admin staff and SPFD and above for legal staff).

The implications for employment policy about this are discussed below.

Horizontal Segregation

There is no evidence of female employees being restricted in career opportunity into stereotypical female roles by analysis of grades. Female employees are represented at all grades from entry level through to senior management level.

ANALYSIS OF PROFILE REPORTS

Background

COPFS has gathered equality data of its employees over several years in order to fulfil basic reporting duties as a civil service agency. By utilising our HR system, we are continuing to develop our range of management information to inform strategic and mainstreaming types of decision making. COPFS also uses equality monitoring surveys for employees, based on census definitions, which are completed every two years, the last taken at the start of 2012.

Analysis

Representation of Asian employees seems to reflect Scottish population norms (Muslim Council of Scotland and Census 2001) at 0.875% of headcount (against a national norm of 0.9%).

It is recognised that disclosure may be an issue for COPFS disabled employees and we continue to focus on developing a culture of trust to allow employees to state their disabilities and participate in making it a better working environment for all disabled employees. The COPFS equality survey response rate was just over 60% which is relatively high. COPFS has resources in place to assist disabled people in our workplaces (professional Health and Safety advisers and occupational health resources to inform how best to introduce reasonable adjustments). For example COPFS continues to run its Employee Disability Advisory Group allowing disabled employees to voice their point of view and influence access issues; there is a COPFS Disability Ambassador and Disability would be a feature of the agenda in the four COPFS Federation equality network meetings.

The same issues of disclosure apply to our LGBT employees. The successful creation of the COPFS LGBT network, 'Proud in COPFS', should lead to a greater willingness by employees to participate in promotion and education in LGBT rights across COPFS. This is most obviously seen by our placing of 45 th on the Stonewall 'Top 100 Employer' in the UK. We continue to learn from Stonewall not only how to apply HR policies with LGBT employees in mind but across the protected categories generally.

It is also noted that there was a high level of non-disclosure in respect of religion and belief. A Religion and Belief Ambassador has been appointed with a remit to explore the potential to set up staff network groups to encourage staff to be open about their beliefs.

Family Friendly Employment Policies in COPFS

One reason for COPFS having high levels of part time employees lies in our efforts to be a family friendly organisation. In fact nearly one third of our operational legal employees (Deputes and Senior Deputes) are on part time contracts- by managing this approach and allowing flexibility of contracts, we are being competitive in the labour market and our aim is to retain and motivate high quality employees by doing so.

We have part time male and female staff working in all grades including Senior Civil Servants.

Gender Balance In Senior Management

The gender balance in senior management (Band E and above for Admin staff and SPFD and above for legal staff) does not proportionately reflect the overall male/female workforce. This is something which COPFS are aware of and will analyse further. We have appointed a Gender ambassador to support this approach.

How Analysis of Employee Reports Informs the General Duty

From the ' COPFS Equality Implementation Project' , several products will be realised which will allow our employees to understand the degree to which we are willing to invest in promoting protected characteristics and which we hope will develop a climate of trust to allow their career ambitions to be realised. These products include training and development in understanding the Equality Act 2010 (all employees, from two day courses to e-learning refresher modules) and the development of employee network groups nationally across COPFS (both to allow internal communication between people with similar protected characteristics and community engagement). The action plan for all this is described under part 4 of the COPFS Equality Outcomes.

Scrutiny of our employee profile reports will also ensure that where necessary, we will encourage applications for recruitment and career development from under-represented groups. This is dealt with more fully in part 5 or the COPFS Equality Outcomes. We will continue to promote senior management development opportunities to female staff.

Appendix 1

Pay Band G - (£53,060 to £64,733)

Salary

No of employees in Range

Male

Female

Total

29

16

13

Average Pay

£62,673

£62,059

£63,428

Pay Band PPFD - (£48,899 to £60,489)

Salary

No of employees in Range

Male

Female

Total

103

41

54

Average Pay

£59,032

£59,012

£59,047

Pay Band SPFD - (£45,084 to £52,540)

Salary

No of employees in Range

Male

Female

Total

152

55

97

Average Pay

£48,682

£49,360

£48,301

Pay Band PFD - (£39,000 to £46,365)

Salary

No of employees in Range

Male

Female

Total

148

36

112

Average Pay

£43,178

£43,670

£43,021

Training Band 3 £34,150 to below main PFD Scale

Salary Range

No of employees in Range

Male

Female

Total

*

*

*

Average Pay

£35,000

*

*

Training Band 2 £31,256

Salary Range

No of employees in Range

Male

Female

Total

*

*

*

Average Pay

£31,256

£31,256

£31,256

Training Band 1 £30,098

Salary Range

No of employees in Range

Male

Female

Total

26

5

21

Average Pay

£30,098

£30,098

£30,098

Pay Band F - (£44,263 to £52,847)

Spinal Point

Salary

No of employees in Range

Male

Total

15

5

Average Pay

£47,974

£47,353

Pay Band E - (£33,072 to £40,364)

Spinal Point

Salary

No of employees in Range

Male

Total

31

15

Average Pay

£38,905

£39,100

Pay Band D - (£24,707 to £29,737)

Spinal Point

Salary

No of employees in Range

Male

Total

213

68

Average Pay

£29,185

£29,130

Pay Band C - (£20,573 to £25,285)

Spinal Point

Salary

No of employees in Range

Male

Total

206

45

Average Pay

£23,976

£23,752

Pay Band B - (£16,036 to £18,217)

Spinal Point

Salary

No of employees in Range

Male

Total

678

174

Average Pay

£17,915

£17,723

Trainee Solicitors - Year 1 £18,667

Salary Range

No of employees in Range

Male

Female

Total

19

10

9

Average Pay

£18,667

£18,667

£18,667

Trainee Solicitors - Year 2 £20,837

Salary Range

No of employees in Range

Male

Female

Total

20

6

14

Average Pay

£20,837

£20,837

£20,837

COPFS Equality Outcomes and Mainstreaming Report can be found at http://www.copfs.gov.uk/images/Documents/Equality_Diversity/EAG_Minutes/2013%2004%2030%20Mainstreaming%20Report%20%20Outcomes.pdf


Contact

Email: Graeme Bryce, Graeme.Bryce@scotland.gsi.gov.uk

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG