ITEM CA15

CABINET – 17 APRIL 2007

GENDER EQUALITY SCHEME

Report by Head of Partnership Working and Corporate Strategies Manager

Introduction

1.                  In accordance with the Equality Act 2006, Oxfordshire County Council has a statutory duty to prepare and publish a gender equality scheme by no later than 30 April 2007.  A draft scheme has been prepared in accordance with the Equal Opportunities Commission’s statutory Gender Equality Duty Code of Practice and it is attached at Annex 1 (download as .pdf file).

Equality Act 2006

2.                  The Equality Act 2006 amends the Sex Discrimination Act 1975 to place a statutory general duty on public authorities to actively promote gender equality.  This means that in carrying out its functions the Council must have due regard to the need to:

·        eliminate unlawful discrimination and harassment;

·        promote equality of opportunity between men and women.

3.                  The general duty came into effect on 6 April 2007.  In addition to men and women, the first part of the duty also applies to transsexual people in relation to employment and vocational training.  This will be extended to the provision of goods and services no later than 21 December 2007, the date by which the European Council Goods and Services Directive has to be transposed into domestic legislation.  This will also include the express prohibition of sexual harassment in the provision of goods and services.  Due regard has been given to these requirements in the preparation of the draft gender equality scheme.

4.                  The Act also imposes a number of statutory specific duties on the Council.  These are:

·        To prepare and publish a gender equality scheme, showing how the Council will meet the general and specific duties and setting out its gender equality objectives.

·        In formulating its overall objectives, to consider the need to include objectives to address the causes of any gender pay gap.

·        To gather and use information on how the Council’s policies and practices affect gender equality in the workforce and in the delivery of services.

·        To consult stakeholders (i.e. employees, service users and others, including trade unions) and take account of relevant information in order to determine its gender equality objectives.

·        To assess the impact of current and proposed policies and practices on gender equality.

·        To implement the actions set out in this scheme within three years, unless it is unreasonable or impracticable to do so.

·        To report against the scheme every year and review the scheme at least every three years.

Key elements of the Gender Equality Scheme

5.                  The key elements of the draft gender equality scheme are:

·        Setting the Council’s gender equality priorities in consultation with local people, external stakeholders and staff;

·        Improving diversity and representation in the Council’s workforce; and

·        Implementing the Council’s existing equaliy impact assesment process.

Gender equality priorities

6.                  The key themes that emerged in preparing the draft gender equality scheme are:

·        Using all the information and data the Council has available to design and deliver services that fulfil the requirements of the statutory duties.

·        Continuing to improve the Council’s consultation to make sure that a wide range of people’s views are heard about the services that they need.

·        Ensuring a safe environment for men and women, girls and boys.

·        Enabling everyone to get the most out of schools, learning and cultural resources and providing effective support to ensure happy and high-achieving children and young people.

·        Listening to and addressing the needs of older people and vulnerable people to ensure healthy, active, fulfilled and independent individuals and communities.

·        Ensuring that staff and potential staff have confidence in the Council’s flexible working and family friendly policies to encourage a positive work-life balance.

·        Addressing any occupational segregation through effective recruitment and training.

·        Ensuring gender equality throughout all parts of the Council.

7.                  These themes are highlighted and addressed in the draft scheme’s gender equality priority objectives, as identified across the Council.

Diversity and representation in the workforce

8.                  The draft gender equality scheme indentifies existing good practice and positive direction of travel in eliminating unlawful sex discrimination and promoting equality of opportunity in employment for men and women.

9.                  The latest monitoring data shows that 81% of the Council’s staff are women, as are 42.6% of the top 5% of earners.  Excluding this top 5% of earners, 46% of women employees work part-time and 7% of men.  For the top 5% of earners the figures are lower, 12% of women and 1.2% men working part-time.

10.             The draft gender equality scheme recognises the need to address occupational segregation; support flexible working; provide advice and support for carers; maintain implementation of job evaluation; continue to address unlawful harassment; and to provide appropriate training for Council staff.

Impact assessments

11.             As previously noted by Cabinet, the Council’s existing Corporate Equality Plan 2005-08 requires implementation of a combined equality impact assessment process, including as a minimum disability, race and gender impacts, using a rolling 3-year schedule of assessments.

12.             The draft Gender Equality Scheme maintains the current impact assessment process and schedule, which will be revised for 2008-09.

Risk Management

13.             Failure to adopt a gender equality scheme by 30 April 2007 risks the danger of preliminary investigations or enforcement action by the Equal Opportunities Commission, actions by individual complainants, adverse publicity and failure to maintain our Corporate Performance Assessment scores.

RECOMMENDATIONS

14.             The Cabinet is RECOMMENDED to agree:

(a)               the Gender Equality Scheme as set out at Annex 1 to the report; and,

(b)               that annual progress reports should be submitted to the Cabinet Member for Social Care & Policy Co-ordination for consideration in accordance with Appendix 3 to Section E of the Council’s Constitution (Delegated Decisions by Individual Cabinet Members).

PAUL JAMES                                                           ADRIAN HARPER-SMITH
Head of Partnership Working                                  Corporate Strategies Manager

Background papers:             Nil.

Contact Officer:                     Adrian Harper-Smith, Corporate Strategies Manager, Tel: (01865) 81 0179.

April 2007

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