Equality Impact Assessment regarding public sector pay policy: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

Information and supporting documentation in regard to the Equality Impact Assessment for the 2018-19 public sector pay policy and the NHS Staff pay rise with specific reference to those earning over £80,000.


Attached is a copy of most of the information you requested. This is in the form of the Equality Impact Assessment Record for the Public Sector Pay Policy 2018-19, with the most relevant sections highlighted for ease of reference. 

 An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested.  In this instance, information which relates to an identifiable individual has been redacted.  This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

The results of the 2018-19 Equality Impact Assessment are available on the Scottish Government’s website through the following link: https://www.gov.scot/publications/public-sector-pay-policy-2018-2019-equality-impact-assessment/.  Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.  If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

The Scottish Government  reviewed the Equality Impact Assessment of the 2018-19 Public Sector Pay Policy in light of the revision made to the policy at Stage 1 of the Budget (Scotland) (No.2) Bill to increase the lower pay threshold to £36,500 from £30,000. While this meant that around 75% of the public sector employees to whom the pay policy applied benefited from a 3% increase it was concluded that the overall messages in the published Equality Impact Assessment remained unchanged.

The public sector pay policy sets the overarching framework in which public bodies can make individual choices on the impact of the policy on their own circumstances. Public bodies have the flexibility to draw up their own pay proposals to take into account local pay issues such as recruitment and retention, equality, and the impact of the low pay measures on other staff. While we are satisfied that no discrimination exists in the overarching pay policy, it will still be necessary for individual employers to ensure that they do not introduce or perpetuate any direct or indirect discrimination for individuals in their application of the policy. Employers covered by this pay policy are also subject to the equality duties and are expected to undertake their own assessment of their pay proposals prior to submitting them to the Scottish Government.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information requested at paragraph 3 of your letter.  The reasons why we don’t have the information are explained in the Annex to this letter.  



Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested.  The Scottish Government does not have the information you have asked for because we hold no research or analysis documents of the specific nature requested.   

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

foi-19-01583 Information released


Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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