The Equality and Human Rights Commission has written to the Cabinet Secretary for Health and Social Care and NHS Fife, regarding access to single-sex changing facilities for NHS staff.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “As Britain’s equality regulator, we promote and enforce compliance with the Equality Act 2010.
“Health bodies in Scotland, England and Wales must have an accurate understanding of the operation of the Equality Act as it relates to the provision of single-sex services and spaces.
“Today we reminded NHS Fife of their obligation to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment.
“Under the Public Sector Equality Duty, all Scottish health boards must assess how their policies and practices affect people with protected characteristics. We have requested that NHS Fife provide us with a copy of any equality impact assessment relating to the provision of changing facilities for staff; any information relevant to how such policies have been kept under review; and any details on steps taken to ensure that the rights of different groups are balanced in the application of these policies.
“We also highlighted that the Workplace (Health, Safety and Welfare) Regulations 1992 state that changing facilities will not be suitable “unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety”.
“This week media reported on NHS Scotland’s forthcoming Guide to Transitioning, which the Scottish Government confirmed has been shared with health boards in preparation for its implementation. It is important that this guide, and all guidance, policies and practices which rely on it, faithfully reflect and comply with the Equality Act 2010.
“We have asked to meet with the Cabinet Secretary to discuss the Scottish Government’s role in ensuring that NHS Scotland and other bodies meet their legal obligations under the Equality Act.”
Employers now have a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment
New duty under the Equality Act 2010 will require employers to take “reasonable steps” to prevent sexual harassment of their employees.
New guidance for employers on how they can protect their staff.
New measure comes into force as further legislation goes through Parliament to boost economic growth by tackling poor productivity, insecure work and broken industrial relations.
From Saturday 26 October, employees can expect their employers to take reasonable steps to protect them from sexual harassment as a new duty comes into force.
Employers now have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it. If sexual harassment has taken place, an employer should take action to stop it from happening again. This sends a clear signal to all employers that they must take reasonable preventative steps against sexual harassment, encourage cultural change where necessary, and reduce the likelihood of sexual harassment occurring.
Anneliese Dodds, Minister for Women and Equalities, said: “This government is determined to ensure that we not only Make Work Pay; we also make work safe.
“Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.
“The Equality Act provides legal protections against sexual harassment in the workplace. Despite this, persistent reports and revelations in recent years indicate that it remains a problem. So from today employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees.
“We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”
Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.
This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.
The TUC, CBI and Equality and Human Rights Commission (EHRC) yesterday issued a joint call for the government to introduce mandatory ethnicity pay gap reporting.
In a joint letter to the Chancellor of the Duchy of Lancaster, Michael Gove, the heads of the three organisations say: “Introducing mandatory pay reporting on ethnicity would transform our understanding of race inequality at work and most importantly, drive action to tackle it where we find it.”
The letter – signed by TUC General Secretary Frances O’Grady, CBI Director General Tony Danker and EHRC chairwoman Baroness Kishwer Falkner – urges ministers to set out a clear timeframe for introducing ethnicity pay gap reporting to help “ethnic minorities reach their full potential in the workplace.”
TUC General Secretary Frances O’Grady said: “Everyone deserves the chance to thrive at work, and to have a decent, secure job they can build a life on. But the sad reality is that even today race still plays a significant role in determining people’s pay and career progression.
“This problem isn’t going to magic itself away. Without robust and urgent action many BME workers will continue to be held back.
“Unions stand ready to work with employers, regulators and government on practical steps to tackle inequality and discrimination in the workplace.
“Mandatory ethnicity pay gap reporting is an obvious first step in helping to improve transparency and bring about change.
“We need ministers to commit to introducing ethnicity pay reporting now and to bring forward a clear timetable for getting it into law.”
The full letter reads:
Dear Chancellor of the Duchy of Lancaster
The case for mandatory ethnicity pay reporting
We are writing to set out our shared priorities to the inter-ministerial group established to consider the recommendations of the Commission on Race and Ethnic Disparities. Respectively, we represent millions of workers, thousands of businesses, and enforce the Equality Act 2010 in Britain to ensure that people have equal access to and are treated fairly at work.
We agree with the Commission’s statement that the report comes at a pivotal moment for the country, at a time when the inequalities facing ethnic minority people are under scrutiny. Outcomes at work are no exception. However we believe the report’s recommendations, in particular those related to pay disparities, could go further in order to effectively increase the participation and progression of ethnic minorities in the workplace and create a fairer Britain.
Introducing mandatory pay reporting on ethnicity would transform our understanding of race inequality at work and most importantly, drive action to tackle it where we find it. This has been a longstanding goal for all of us. It will enable employers to identify, consider and address the particular barriers facing ethnic minorities in their workplace, and will complement and enhance the work many already do to address gender pay gaps under existing regulations.
Together we’re asking the Government to make it mandatory for employers to report on their ethnicity pay gaps, building on the successful framework already in place for gender. Reporting, done well, can provide a real foundation to better understand and address the factors contributing to pay disparities. To further enable this, we also support the Commission’s recommendation that pay gap data should be supported by a narrative – comprised of key data, relevant findings and actions plans to address race inequalities.
Some employers are already voluntarily reporting on their ethnicity data and taking action to address race inequality in their workplaces. While this is welcome and should continue to be supported in the interim, introducing mandatory ethnicity pay reporting will put greater focus on race at work, contribute to a greater number of employers reporting their ethnicity pay gap figures, and achieve the change across the labour market that is required.
We urge Government to set out a clear timeframe to implement this and encourage you to work with us to develop the tools and resources required to ensure that employers are supported, and that workers are confident in disclosing data in advance of making reporting mandatory.
In so doing, we firmly believe that this will help ethnic minorities reach their full potential in the workplace, make business more inclusive, and ensure Government has a rich source of robust evidence to inform future labour market and industrial strategies.
Please see below an advert for our Scotland Committee Recruitment Open Days being held on 4thSeptember in Dundee and 6th September in Glasgow. Information is also available on our website:
We will have vacancies on our Scotland Committee in November and intend to advertise these vacancies in September. However, in advance of applying for the role of Scotland Committee Member, we would welcome you and your stakeholders to come along to our Open Days to ask any questions about the Scotland Committee and how it works and have the opportunity to speak with our Commissioner, Lesley Sawers and Scotland Committee members, Lorraine Barrie and Clare MacGillivray.
