Equality Policy

1. Introduction

1.1. This policy updates the provisions in North Ayrshire Council’s Equalities Policy to ensure that the Council complies with the provisions in the Equality Act 2010 and the Public Sector Equalities Duties (Scotland).

2. Our Commitment

2.1. North Ayrshire Council is committed to upholding the principle of equality of opportunity and to promoting measures to reduce inequalities. It is committed to tackling discrimination on the basis of a person’s age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. We will promote initiatives and take action to encourage equality of opportunity and to foster good relations between the various protected groups listed above as well as people who are or have been Care-Experienced. In addition, we will work to eliminate discrimination on the basis of sexual orientation, employment status, caring responsibilities or trade union activity. Equality, Diversity and LGBT (Lesbian, Gay, Bi-Sexual and Trans Issues) Inclusion is a core value of the Council governing the actions of its elected Members and its employees.

2.2. Our Council Plan 2023-28 was developed alongside our communities and has equality and wellbeing at its core, our vision is “A North Ayrshire that is fair for all”. To reinforce our commitment to achieving the above, our Council stepped up as a Disability Confident Leader and our Connected Communities service signed up to The LGBT Charter for Organisations to proactively include LGBT People in every aspect of work, protecting our staff and providing high quality services to our communities.

2.3. The Council is achieving this by integrating an equality, diversity and inclusion perspective into all of its activities, strategies, policies and service planning. This mainstreaming of equalities ensures that they are fully taken into account when developing and reviewing services. New and reviewed policies and initiatives are assessed in terms of their impact on all of the Council’s communities and aim to ensure decision-making processes are fair and do not present barriers to participation or disadvantage any protected groups. In this way the Council fulfils its commitment to deliver its services in a fair and equitable way to all. The Council in leading the community planning process will ensure that equality of opportunity underpins all community planning activities. Our Community Plan (Local Outcomes Improvement Plan) shares our vision “A North Ayrshire that is fair for all”.

2.4. Equality of opportunity is integrated into all of the Council’s HR policies and practices, ensuring there is fairness and equity in its treatment of its employees and prospective employees. Equality of opportunity means that appointments, promotions, training and development will be based on individual merit and the requirements of the job. Employees are encouraged and given the opportunity to develop their full potential.

2.5. North Ayrshire Council a major employer in the local area, and aims to reflect the composition and diversity of its communities within its workforce. In doing this, the Council recognises the importance that providing an inclusive workplace and the equality of opportunity has in improving the retention of employees and improving motivation and performance. This can stimulate a healthy and productive working environment and can broaden the range of talent and the diversity of its workforce.

3. Working Together

3.1. The Council recognises that North Ayrshire is made up of a diverse mix of different communities of interest (e.g. race, religion, disability, sexual orientation, gender identity), and that there is need to give particular attention to involving individuals and groups which are often excluded from the decision making and the democratic process. The Council works together with local community groups to challenge discrimination and tackle any unfair barriers, for example through the British Sign Language Plan as well as Black and Ethnic Minority Groups.

3.2. The Council also recognises that everyone must work together to uphold the principle of equality, diversity and inclusion to eliminate discriminatory and other unacceptable practices in the workplace.

3.3. Our Education Inclusion Policy makes clear that an inclusive approach to education supports an ethos of achievement and high expectation, recognises and respects difference, and sees differences between learners as opportunities for learning.

4. Our Aims

4.1. The main aims of this Equality Policy are to:

• re-affirm the Council’s commitment to equalities, diversity and inclusion as a core value in all of its work
• indicate the Council’s intentions to promote equality, diversity and inclusion as a service provider and as an employer
• ensure that employees feel equal and included and are not subject to any unfair disadvantage regardless of their background and/or protected characteristics
• advise on the structures and framework to be developed in future to take forward this work within the Council and in partnership with its communities

5. Implementation of Policy - Responsibilities

5.1. The Corporate Equalities Group promotes and encourages equality throughout the Council in line with the requirements of the Equality Act and monitors progression towards Equality Outcomes.

5.3. The Head of Service with responsibility for HR implements, maintains, monitors and reviews the policy in relation to equalities in employment and also has responsibility for providing training and guidance on the effective operation of the policy in this regard.

5.4. Executive Directors and Heads of Service will be responsible for ensuring equality of opportunity is applied and practised within their Service in relation to employment matters and service provision. They will be responsible for ensuring that their employees are aware of the implications of the Policy, their obligations under the law, and to ensure that their managers, supervisors and staff are given the relevant training to ensure the Council and policy aims are met.

5.5. Employees have a duty to comply with the Council’s Equality Policy, to deliver Council services in a fair and equitable way and to assist in making the working environment free from discrimination.

6. Achieving the aims of being an equal opportunities employer in employment and Service provision

The Council achieves its equalities aims through a variety of methods. These include:

6.1. Our Council Plan 2023-28 – Equalities and wellbeing are embedded throughout our Council Plan with regular reports on progress reported to North Ayrshire Council Cabinet as well as The Audit and Scrutiny Committee and published on our website. All policies, strategies and plans align with Our Council Plan. This includes this Equality Policy, our Child Poverty Action Plan (led by The Child Poverty and Cost of Living Board), Children’s Services Plan, United Nations Convention on the Rights of the Child (UNCRC) work, Local Housing Strategy and all other areas.

6.2. Equality Outcomes and Mainstreaming Equality – We work to fulfil our Equality Outcomes and mainstream equality in all of our work. Reports are produced every two years to invite scrutiny of our performance.

6.3. Communication and Publications - to communicate with our employees on the Equalities Policy and its practical implementation in their everyday work and to keep up to date with equality developments and to apply best practice within the Council.

6.4. Best Value Framework - to mainstream equalities so they are integrated into all Council activities. This includes:

• Ensuring equality considerations are part of all strategic reviews and that the impact(s) of policy proposals on equal opportunities are assessed using the Council’s Equality and Children’s Rights Impact Assessment process.
• That account is taken of equality requirements in all Council procurement and within its procurement strategy.
• Ensuring equality performance information and targets in relation to Council services are identified, measured and scrutinised through accessible public performance reporting.

6.5. Accessibility - to aim to provide services which are accessible both physically and digitally to everyone and which meet differing needs. This recognises that equality does not mean providing the same service to all but involves adapting services to meet the different needs of groups of people. This is reflected in the planning, design and improvement of services.

6.5.1 Digital accessibility - ensuring any output procured, designed or briefed to a third party or created internally meets legalisation: The Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility Regulations 2018. To be legally compliant these websites and mobile application (internally or public facing) must meet the latest published version of the Web Accessibility Guidelines (WCAG) and is required to publish an accessibility statement.

6.5.2 Any output produced or commissioned by Council Services must be updated and managed regularly and may be subject from audit from the UK Government Central Digital and Data Office who report findings to the Equality and Human Rights Commission (EHRC) who are responsible for enforcing legislation. Any member of the public can contact the EHRC to raise a complaint if information produced by the Council does not meet the requirement of legislation.

6.6. Community Planning – Working in partnership with our Community Planning partners in promoting equality. The Community Plan (Local Outcomes Improvement Plan) focuses on reducing inequalities and shares the vision of ‘A North Ayrshire that is fair for all’ with Our Council Plan 2023-28.

6.7. Consultation – to consult with and involve minority groups in discussing Council proposals to adapt services and make them more accessible for everyone.

6.8. Working Groups and Committees - to establish, where appropriate, specialist working groups to examine and recommend actions on specific equality issues.

6.9. Development – to ensure that all employees are aware of the Council’s commitment to equalities opportunities, its requirements and obligations in the workplace and when delivering services to support the mainstreaming of equalities throughout their work.

6.10. Human Resources policies and procedures - to have procedures, associated guidance and codes of practice that address and implement equal opportunities and ensure an inclusive workplace within the Council, with particular reference to:

• Recruitment, selection and promotion procedures and practices
• Harassment, bullying and aggression at work
• Training and induction of new employees
• Redeployment
• Wellbeing@Work (Supporting Attendance Policy)

6.11. Positive Action - To use positive action as allowed by employment legislation e.g.: encouraging applications for employment from ethnic communities, cared for background and positive about disabled people Disability Confident scheme.

7. Monitoring and Reviewing

7.1. The Council will monitor the effectiveness of the policy in a number of ways. This includes:

• Through our Corporate Equality Outcomes and Mainstreaming Reports published every two years.
• Monitoring comments and complaints received through our website.
• Meetings of the Council's Corporate Equality group and other forums, e.g. BAME Staff Network, Employee Disability Forum, etc
• Completing and reviewing of Statutory Performance Indicators and Service Performance Indicators for Equality Outcomes
• Self assessment, including the periodic monitoring of the workforce .
• Producing and reviewing the statutory information required under the Equality Act, 2010
• Reviewing of recruitment information shared by applicants and Equal Opportunities monitoring forms completed by employees.
• We will gather and review the composition of our workforce with regards to recruitment, development and retention of employees to enable us to effectively meet the requirements of the Equality Act. The number and protected characteristics of employees who have been successful in applying for work life balance.
• Carrying out periodic equal pay audits as required by legislation.
• Recording of grievances.

8. Dealing with Complaints

8.1. An employee who wishes to make a complaint that they have been discriminated against contrary to the policy can pursue the matter through the Council’s Grievance Procedure or Dignity and Respect Policy.

8.2 The Council operates a Whistleblowing Policy which aims to benefit those with protected characteristics by providing a safe means by which they can report wrongdoing.

9. Legislative Framework

9.1. Equality of opportunity is regulated by Acts of Parliament and related Codes of Practice. These are detailed in Appendix 1.

9.2. The Public Sector Equality Duty (PSED) was created by the Equality Act 2010, and replaced the race, disability and gender equality duties. Technical Guidance is available from the Equality and Human Rights Commission to explain the needs of the PSED, outline the requirements of the Equality Act 2010, and the specific duty regulations and provide practical approaches to complying with the Public Sector Equality Duty in England, Scotland and Wales.

Appendix 1 – Legislative Framework

Acts of Parliament

• Rehabilitation of Offenders Act, 1974
• Rehabilitation of Offenders Act, 1974 (Exemptions) Order, 1975
• Employment Rights Act, 1996
• Employment Relations Act, 1999
• Human Rights Act, 1998
• Part-Time Workers (Prevention of Unfavourable Treatment) Regulations, 2000
• Fixed Term Employees (Prevention of Unfavourable Treatment) Regulations, 2002
• Equality Act 2010
• The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

Codes of Practice

• Equal Pay
• Employment
• Services, Public Functions and Associations
• Technical guidance on the PSED
• Schools Technical guidance