Equality Outcomes and Mainstreaming Report 2013

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

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%

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.

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.

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%

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%

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