Agenda pack
North Lanarkshire Council · 21 March 2023
Back to Joint Consultative Committee for Local Government Employees — 21 March 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our Ref: Your Ref: Contact: Tel: Fax: E-Mail: Date: Lesley Dysart 01698302219 dysartl@northlan.gov.uk 10 Mar 2023 Members of the Joint Consultative Committee for Local Government Employees Committee Chief Executive’s Office Archie Aitken Head of Legal & Democratic Solutions Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 www.northlanarkshire.gov.uk Notice is given that a Meeting of the JOINT CONSULTATIVE COMMITTEE FOR LOCAL GOVERNMENT EMPLOYEES is to be held within Committee Room 1, Civic Centre, Motherwell on Tuesday, 21 March 2023 at 2pm which you are requested to attend. The agenda of business is attached. Head of Legal and Democratic Solutions Members : Councillors: M Boyd (Convener); A Ballinger, C Barclay, H Brannan-McVey, M Coyle, G Currie, K Duffy, L Jarvie, J Logue, F MacGregor, P McDade, and A Smith. M Quigley, (Vice-Convener) Unison; D Whelan, H Smith, L Stewart, GBM; G Bryson, A Clark, J Hannigan, W Shearer, J Watson, A Whisker, Unison, and J Rooney, and V Thompson, Unite (T&G) Page 1 of 36
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AGENDA (1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act 2000 (2) Election of Convener and Vice-Convener (3) NLC Commitment to Fair Work First (page 5 - 12) Submit report by the Chief Officer (People Resources) providing details of the Council's Fair Work First Statement for endorsement by the Trade Unions (copy herewith) (4) Advancing Race Equality in Employment (page 13 - 30) Submit report by the Chief Officer (People Resources) providing details of the ongoing work and plans to advance race equality in the Council's workforce (copy herewith) Items submitted from Trade Union Representatives (5) Employment Policy Issues (Discipline Policy and Smarter Working) (page 31 - 36) Submit report by the Chief Officer (People Resources) setting out measures to address the issues raised by the Trade Union Representatives (copy herewith) Page 3 of 36
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North Lanarkshire Council Report Joint Consultative Committee Does this report require to be approved? ☒ Yes ☐ No Ref FW/AC Date 21/03/23 NLC Fair Work First Statement From Fiona Whittaker, Chief Officer People Resources E-mail WhittakerF@northlan.gov.uk Telephone 07793 598962 Executive Summary Publishing a Fair Work First Statement, to be signed off by a relevant Trade Union, is now a requirement set by the Scottish Government for organisations who wish to access its grant funding. The Council has been asked to publish such a statement in 2023. This report provides the JCC with a Fair Work First Statement for the Council which states how the council is meeting the Fair Work First criteria by: • providing effective channels for effective employee engagement • investing in workforce development • not using zero hours contracts inappropriately • taking action to tackle the gender pay gap and create a more diverse and inclusive workplace • committing to paying the Real Living Wage • offering flexible and family friendly working practices for all workers from day one of employment; and • opposing the use of fire and rehire practice. It also states how the Council is encouraging Fair Work practices across the North Lanarkshire business community through the NL Employer Charter. Recommendations The JCC is asked to: (1) note the content of the report; and (2) endorse the Council’s Fair Work First Statement to be published on the Council’s website. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base AGENDA ITEM 3 Page 5 of 36
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1. Background 1.1 Fair Work First is the Scottish Government’s flagship policy for driving high quality and fair work across the labour market in Scotland by applying fair work criteria to grants, other funding and contracts being awarded by and across the public sector, where it is relevant to do so. Through this approach the Scottish Government is asking employers to adopt fair working practices, specifically: • appropriate channels for effective voice, such as trade union recognition • investment in workforce development • no inappropriate use of zero hours contracts • action to tackle the gender pay gap and create a more diverse and inclusive workplace; and • payment of the real Living Wage. 1.2 The Council, while meeting the criteria set by the Scottish Government, has not published a statement that has been signed off by our Trade Union partners, explicitly setting out our commitment to Fair Work First practices. 1.3 The Scottish Government has asked the Council to publish such a statement in 2023 in order to access future Scottish Government grants. 2. Report 2.1 North Lanarkshire Council Fair Work First Statement 2.1.1 The Plan for North Lanarkshire is to be the place to live, learn, work, invest and visit. The Council recognises that work is an important part of adult life and is critical to our wellbeing and shaping how we live. The Fair Work Convention’s Framework defines Fair Work as work that offers effective voice, fulfilment, opportunity, respect and security. We believe Fair Work can boost creativity, realise untapped potential and increase productivity. We are committed to Fair Work and are meeting the criteria by: • providing effective channels for effective employee engagement • investing in workforce development • not using zero hours contracts inappropriately • taking action to tackle the gender pay gap and create a more diverse and inclusive workplace • committing to paying the Real Living Wage • offering flexible and family friendly working practices for all workers from day one of employment; and • opposing the use of fire and rehire practice. 1. We have effective channels for effective employee engagement. • we work with our recognised trade unions in key governance and decision- making structures including the Joint Consultative Committee. We have TU monthly updates and quarterly meetings between TUs and our Chief Executive Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition Page 6 of 36
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• we recognise Trade Unions across all employee groups for the purpose of collective bargaining and encourage membership • we provide facility time to support regular engagement between our Trade Unions and their members • we make available to Trade Union representatives, wherever possible, reasonable facilities necessary for them to carry out their duties efficiently and communicate effectively with their members • we engage in constructive dialogue with our employees and their Trade Union representatives to address workplace issues and dispute • we have an Employee Equality Forum that provides a mechanism between the Council and its employees to engage on equality matters • employees are offered supportive contact with their supervisor/ line manager • we have policies and measures in place to ensure employees can raise concerns in the workplace on issue of bullying and harassmen • we regularly seek out the views and experiences of our employees on employment and related matters to be a more responsive and supportive employer; and • we involve Trade Union representatives and members of the Employee Equality Forum in our working groups. 2. We invest in workforce development. • the Council’s Talent and Organisational (TOD) team provide a raft of training opportunities for employees to meet both their personal and professional development needs • the establishment of the on-line portal LearnNL gives all employees easy access to the whole menu of training and development opportunities available • we are committed to developing future leaders through our Leadership Academy; • our Graduate Apprenticeship scheme provides work-based learning opportunities where employees can work towards a degree level qualification whilst in work • we provide Modern Apprenticeships and other opportunities for young people to gain work experience • formal and informal learning is offered and encouraged across the workforce, relating to specific roles as well as wider development; and • we regularly survey staff about health and wellbeing matters to inform policy priorities and development. 3. We do not use zero hours contracts inappropriately. • we do not use zero hours contracts within the Council; and • casual workers are used when necessary but workers on these contracts are not obliged to accept work when this is offered. 4. We take action to tackle the gender pay gap and create a more diverse and inclusive workplace. • we have achieved Bronze Standard in the Equally Safe at Work employer accreditation programme that addresses violence against women and girls through advancing workplace gender equality including tackling pay gaps • we gather data to understand our workforce diversity and pay gap information • we have signed up to the Business in the Community’s Race at Work Charter and have appointed an Executive Sponsor for Race Page 7 of 36
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• we are a Disability Confident Leader, encouraging the employment and retention of disabled people and those with health conditions as well as encouraging other employers to become Disability Confident • we have a Reasonable Adjustment Protocol that ensures workplace adjustments for disabled employees are tailored to their specific individual needs • we recognise our role as a Corporate Parent and support Care Experienced Young people into employment • we are a signatory to the Armed Force Covenant and support opportunities for serving members of the armed forces and veterans • we have action plans in place to advance gender, race and disability equality in our employment practices and workplaces • we protect and promote the mental health and wellbeing of all employees through our mental health and wellbeing strategy • we set out how all employees are expected to behave at work, creating a better working environment for all through our Employee Code of Conduct, Dignity at Work Policy and Equality and Diversity in Employment Policy; and • we have an equality diversity and inclusion section on our MyJob Scotland portal setting out our commitments to being an inclusive and supportive employer. 5. We commit to paying the Real Living Wage We are an accredited Living Wage employer; this is a clear commitment to pay at least the Living Wage for all staff we directly employ and for those who work on our contracts by actively encouraging employers to pay the Living Wage as part of a package of fair work practice in all relevant contracts. 6. We offer flexible and family friendly working practices for all workers from day one of employment. • we support flexible working across the Council, through our Smarter Working Policy, offering a wide range of flexible working patterns • we have signed up to the Happy to talk Flexible Working logo and it is displayed on all job adverts; and • many employees work a hybrid workstyle - a blend of working from home and working in a council building. We also have many policies and procedures to support our employees at times when they need it. These include: • Part time and term time working arrangements • Carers Policy • Job Share Policy • Gender Based Violence Policy • Time off for Dependent • Parental Leave • Career Break • Compassionate and other special leave; and • Time off for voluntary and other public duties. 7. We oppose the use of fire and rehire practice. • we only consider effecting change where there is a legitimate business need to do so Page 8 of 36
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• we are committed to working with our Trade Unions to ensure there is effective consultation and negotiation relating to change; and • we have a Workforce Change Policy that clearly outlines the processes and procedures that should be followed when effecting organisational change. 2.2 The NL Employer Charter 2.2.1 We have launched an NL Employer Charter that has been created to maintain and support a network of employers across North Lanarkshire who do business responsibly – enabling both employers and employees to benefit as the economy grows. It officially recognises North Lanarkshire businesses with high standards of excellence who generate employment and training opportunities as well as operating fair work practices. 2.3 Next Steps 2.3.1 Following the endorsement of the JCC arrangements will be made to publish the statement on the Council website. The statement will include links to the various strands of work detailed in the statement. 3. Measures of success 3.1 The Joint Consultative Committee endorses the NLC Fair Work First Statement. 3.2 The Council can continue to access Scottish Government grant funding. 4. Supporting documentation N/a Fiona Whittaker Chief Officer- People Resources Page 9 of 36
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? The Fair Work First Statement will allow the Council to continue to access Scottish Government grant funding. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Page 10 of 36
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Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The statement will be published on the Council’s website 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 11 of 36
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North Lanarkshire Council Report Joint Consultative Committee Does this report require to be approved? ☐ Yes ☒ No Ref FW/AC Date 21/03/23 Advancing Race Equality in the Council’s Workforce From Fiona Whittaker, Chief Officer People Resources E-mail WhittakerF@northlan.gov.uk Telephone 07793 598962 1. Background 1.1 The JCC will be aware that in August 2020 the Council unanimously endorsed a motion supporting the Black Lives Matter movement and proceeded to form a cross party Member and Officer Working Group. It was agreed that the purpose of the group was to ensure that the ambitions set out within the Plan for North Lanarkshire take cognisance of and understand the historical and ongoing systemic and institutional discrimination, racism, social injustice, human rights abuses, and inequalities experienced by Black, Asian, and Minority Ethnic people. Executive Summary This report provides the JCC with information on the Council’s ongoing work and plans to advance race equality in our workforce. The report provides details on: • the quantitative and qualitative information gathering that has been undertaken by the Council to understand our Black, Asian and Minority Ethnic workforce • a summary of what the information tells us • what has been achieved to date; and • the action plans now in place to address the issues that have arisen from this work. Recommendations The JCC is asked to note the content of this report. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition AGENDA ITEM 4 Page 13 of 36
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1.2 The group agreed to explore how the local authority and its partners could work to ensure that all residents are able to live their lives free from racism or discrimination of any form. 1.3 This report provides information on the work that has continued to progress from the legacy of the Black Lives Matter Working Group relating to the Council’s workforce. 2. Report 2.1 Advancing Race Equality in North Lanarkshire’s Workforce 2.1.1 Employment gathering information The Council’s ambition is for North Lanarkshire to be, amongst other aspirations, the place to work. To achieve that we need to be an exemplar employer that is manifested in the diversity of its workforce. However, we know through the extensive exercise we undertook in 2021 to gather and analyse information about our workforce, as reported in the Equality Mainstreaming Report, that we have some way to go. In relation to our Black Asian and other Minority Ethnic (BAME) employees: • 92 (0.63%) employees recorded their ethnicity as Black, Asian or minority ethnic (BAME). This does not include white minority groups. The number of employees not recording was 26.4% • the largest minority ethnic employee group is Asian Pakistani, followed by African and Asian Chinese • the ethnicity pay gap is 2.3%. Those who have recorded that they are BAME earn £0.41 more /hour than those not from a BAME background. The calculation does not include those employees we do not know about • the number of promoted posts has reduced significantly between 2018 and 2021 from 226 to 76. No promotions were made to BAME or white minority people; and • disproportionately low numbers of BAME people were interviewed in 2020 (16.4% of those who applied) in comparison to disabled people and men and women. 2.1.2 In 2022 we looked again at the ethnic composition of our employees and found that the number of BAME employees has increased from 92 to 118 employees since 2020. We also found that nearly 58% of these employees are employed across the Education and Family Service. 2.1.3 Some of the information analysed gives cause for concern – particularly in relation to: • the disproportionately low numbers of BAME employees in comparison to the local population • the disproportionately low numbers of BAME applicants being interviewed in comparison to other groups of people • there being no promoted posts awarded to BAME people; and • the numbers of employees not self-recording their ethnicity (26%) as this does not afford us a complete picture of employees. 2.1.4 The ethnicity pay gap however shows more positively that our BAME employees are earning above the average per hour so are not concentrated in lower paid jobs. Page 14 of 36
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2.1.5 We will be looking further at our employee information to report and publish in 2023 as required by the Public Sector Equality Duties. 2.2 BAME Employee Survey 2.2.1 Having statistical information tells its own story about numbers and trends and is important in presenting a picture of what our workforce looks like, but it doesn’t tell us about the culture of our organisation or people’s feelings and experiences of being an employee. 2.2.2 In 2021 our BAME employees were asked to participate in a survey to explore their experience of being an employee of the Council covering four topic areas: • the work they do; • job satisfaction; • career progression; and • workplace culture 2.2.3 This survey was carried out in partnership with the Black Lives Matter Working Group and the Employee Equality Forum. 2.2.4 The survey was issued to 522 Council employees. 92 of whom are recorded as from a Black, Asian or mixed background. The other 430 employees had recorded as other ethnic group and we have decided to discount these. 2.2.5 30% of our BAME employees who recorded their ethnicity on i-Trent responded to the survey. This is about the average response to internal employee surveys. 2.2.6 50% of respondents were Asian – Pakistani, Indian, Chinese or Bangladeshi and 39% were Black African or Caribbean. The largest ethnicity was Black African respondents – 10 in total. 2.2.7 68% of respondents were female and 36% respondents were Muslim. 2.2.8 In relation to the work they do • 50% work within Education and Families in a variety of roles. The others spread over all other services; • a quarter of respondents were part-time workers who are women and most in lower paid occupations of catering, care and admin; and • 32% of respondents have worked with the Council for more than 5 years. 2.2.9 Job Satisfaction • when asked if you are satisfied in your work 68% said all or most of the time; • 78% feel their job equates to their skills, qualifications and experience. Of the others they said their qualifications and experience are greater than their current job requirements and some quoted opportunities in North Lanarkshire as being limited; and • 82% have the right tools to do their job while the remainder said some or none of the time. Page 15 of 36
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2.2.10 Career progression • 70% of respondents have never applied for promotion while 21 % have line management responsibility; and • in relation to training opportunities 43% received training to develop in their job, 50% received training specific to their current job. However, 32% hadn’t received any training at all including compulsory training. 2.2.11 Workplace culture • 5% of employees feel they are valued members of their teams; and • when asked about experiences of racist bullying or harassment in the last 2 years 14% had experienced from a colleague and 14% a service user. More than half of those said they took no action and none raised the issue under the Dignity at Work Policy. A few reported to their line manager. 2.3 BAME employee meeting 2.3.1 In October 2022 the Employee Equality Forum (EEF) hosted a meeting to bring together the Council’s BAME employees. The aim of the session was to: • feedback the results of the BAME employee survey; • provide the opportunity to meet and discuss with other BAME colleagues what is important to them and their priorities for the future; • provide information on what the Council has been doing to advance race equality in the workforce; and • hear from Derek Brown in his new role as our Executive Sponsor for Race and Cllr Khan the Council’s Elected Member Equality Champion about their hopes and priorities for advancing race equality in the workplace. 2.3.2 Ten BAME employees participated in the TEAMS event that was held at a time that would enable school-based staff to attend. 2.3.3 In conversation with the Executive Sponsor for Race employees highlighted actions to be prioritised that would benefit BAME employees and the Council as a whole. These areas were described by the Executive Sponsor as falling under three categories – culture, systems and programmes. The following areas were flagged up as priorities: 2.3.3.1 Culture • create networking opportunities for BAME employees; and • Equality and Diversity training for employees – particularly cultural awareness. Some employees feel that their cultural festivals are not acknowledged and, in some cases, known for instance Eid, Diwali etc. 2.3.3.2 Systems • having BAME people on recruitment panels to reduce unconscious bias and increase confidence of applicants; • facilitating an anonymous recruitment process where candidates’ personal information is removed; and • Dignity at Work Review – people are very reluctant to report as it impacts workplace relationships and culture. Page 16 of 36
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2.3.3.3 Programmes • creating pathways for career progression to include: o building confidence; o automatic feedback after interview if unsuccessful with the offer of support to reach the next level; o having a systematic approach to mentoring and galvanise the support of others who are already supportive; o continue to monitor promotions by ethnicity • asking some services to work harder and set targets for increasing service diversity via Service Workforce Plans; and • programmes for opportunities – positive action measures. 2.4 Progress to date 2.4.1 A race equality in employment action plan was developed in 2021 after the findings from the employment gathering information was analysed as discussed in section 2.1 above. To date the following progress has been achieved: • Council signed up to the seven commitments of the Business in the Community Race at Work Charter; • appointed the Council’s first Executive Sponsor for Race; • undertook a survey to gauge the experiences of our BAME employees; • appointed a BAME employee representative on the short-life Black Lives Matter Working Group; • hosted a BAME employee event in partnership with the Employee Equality Forum in October 2022; • our Jobs and Training section on the Council website now includes an equality and diversity section to promote our commitments and policies to anyone checking us out as a potential place to work; and • through iTrent we have developed an anonymous recruitment process that was implemented in February 2023 2.5 Plan for Change in Our Workforce 2.5.1 Considering all the information we have gathered as detailed above, our Advancing Race Equality in our Workforce Action Plan sets out a clear path for the advancement of equality for BAME people in our workplaces and includes: • an internal campaign fronted by the Employee Equality Forum to promote understanding of the need to self-record under the ethnicity category ion i- Trent. This will allow us a clearer picture of who our employees are; • facilitate an entirely anonymous recruitment process at application and shortleet via iTrent. This has the intention of increasing the number of BAME people being interviewed; • training BAME employees to sit on interview panels for key posts. This will see an increase in successful BAME candidates employed by the Council and reduced feelings of bias by BAME candidates who are unsuccessful; • cultural awareness training for all our employees as an anti-racist approach to making our workplace culture more inclusive; • review the Dignity at Work Policy and procedures; • establish a BAME Talent Programme to increase opportunities for career progression and promotion; • provide opportunities for BAME employees to network to reduce isolation and increase confidence; and Page 17 of 36
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• targeted promotion of opportunities afforded through Modern Apprentice programme to increase numbers of BAME young people employed in the MA programme. 2.6 Exploring the potential to increase the BAME teaching workforce 2.6.1 In January 2022 the remit for equalities moved to the portfolio of the Chief Officer – People Resources. Concerned at the disproportionate numbers of BAME employees across the Council she tasked the Equalities Manager to look at the potential for increasing BAME teacher numbers. 2.6.2 To begin to understand the potential there was first a need to understand the current situation, so a fact-finding exercise began to determine: 1. the ethnicity of current NLC teachers and pupils. 2. if there were any particular NLC schools where there is an above average cohort of BAME pupils; and 3. understanding the underrepresentation of BAME workers in the teaching profession. 2.6.3 The following provides the findings of this fact finding: 1. With regards to our teaching workforce 1% of teachers are BAME, while the average percentage of BAME pupils in NL schools is 5.78%. Because of the low rates of BAME teachers throughout our education estate many of our young people, at no point in their school life, will see or be taught by a BAME teacher. This will have implications for young people’s experiences at school as well as their aspirations to be teachers and therefore has an impact on the diversity of our future teaching workforce. Furthermore, for our existing BAME teachers they may feel isolated in an environment where they are the only person of colour among their colleagues. This may have implications for BAME teacher retention. 2. High Schools where there is a higher-than-average BAME pupil population were identified – Taylor HS, Braidhurst HS and Dalziel HS. These three schools all have over 12% of pupils who are BAME, over twice the average of BAME pupils. There is also several other schools where there is a much higher than average number. In ASN high schools there is a BAME pupil average of 3%. However, Bothwellpark High School has more than three times the average with 10% of pupils who are BAME. 3. In the spring of 2022, the Council was fortunate to have the input of a MSc Human Resources student from Strathclyde University who, as part of their final dissertation, carried out a piece of research to help us ‘Understand the underrepresentation of BAME workers in the teaching profession.’ 2.6.4 The three objectives of the research study were: • to identify a useful framework to understand the underrepresentation of BAME workers in the teaching profession; • to gain a wider understanding of the major drivers that influence the underrepresentation of BAME workers in the teaching profession; and Page 18 of 36
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• to draw on the lessons of the literature to develop recommendations for North Lanarkshire Council. 2.6.5 While the research itself was limited given the nature of student research projects and due to the time constraints, it provided some helpful insights to increase our understanding of BAME underrepresentation in our, and other authorities, teaching workforce. 2.6.6 The findings suggest that there are issues at various stages of the teaching pipeline: • this begins with a lack of BAME teaching role models leading to a preconceived idea that teaching is not a viable option; • cultural differences play a part in the low retention rates of BAME teachers as they tend to work in predominately white working environments which can result in ‘classroom bullying and feelings of isolation.’ Lack of mentoring support to deal with these issues and career progression opportunities ‘that are offered to BAME people compared to their white co-workers’ also contribute to low retention rates; and • this research study also upheld existing literature findings on the biases in the recruitment and selection process and revealed that unconscious bias is not as controlled as it could be within North Lanarkshire Council. 2.6.7 Four key recommendations to assist with increasing the numbers and retention of BAME teachers have come from this research: 1. introduce mentorship and support officers; 2. promote current BAME employees in the organisation e.g., as champions in the workplace; 3. introduce anonymised recruitment and selection; and 4. attract a diverse talent pool by creating job adverts for BAME applicants only to increase diverse hiring. 2.6.8 All this information about our schools has provided us with a picture of the ethnic diversity of our pupils and our teachers as well as an understanding through the research, audits and surveys of our pupils and staff. It has showed us where we need to focus attention if we want to make positive change. The following provides information on progress and initiatives undertaken in recent months. 2.7 BAME Probationer teacher project 2.7.1 A potential way identified that could make a quick impact on the number of BAME teachers is via the intake of the probationer teachers. In 2022-23 the Council had 143 Teacher Induction Scheme probationers - 98 in the secondary and 48 in the primary sectors. If we can encourage BAME teaching students to come to North Lanarkshire for their probationer year we can make an immediate impact on the numbers. Additionally, we would have the opportunity to support and encourage them to continue to want to work in North Lanarkshire. 2.7.2 However, it is important to know what the pool of BAME teaching students approaching their probationer year is, to gauge the potential for increasing numbers. If there aren’t many BAME students, then we might not make a difference. Page 19 of 36
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2.7.3 A key problem is that there is currently no undertaking to share any monitoring of teaching students by either university or via the General Teaching Council for Scotland – if indeed they collect this information at all. Contact has been made with GTCS to look at this and our Probationer Support Officers are now part of a sub- group considering how to take this forward. 2.7.4 For the probationer intake in 2023-24 we provided promotional information to the teaching universities to distribute to the students on what support North Lanarkshire Council has to offer them. This information contained: • a specific message to BAME students from the Council’s Executive Sponsor for Race inviting them to come to North Lanarkshire for their probationer year; • details about our commitment to equality and diversity through the Race at Work Charter, Equally Safe at Work and Disability Confident Leader employer accreditation programmes; and • information on our commitment to ongoing employee engagement on equality issues via our Employee Equality Forum. 2.7.5 However, the universities were reluctant to distribute this information. We are now developing a ‘Teach Here’ section on our website where we will host a variety of information aimed at attracting applications from teachers from a variety of diverse backgrounds. 2.8 Review of information on MyJob Scotland and the Council website 2.8.1 Where recruitment of fully qualified teachers for vacancies is through MyJob Scotland we have reviewed the information that is contained on our portal, as well as that contained on the sites of other local authorities to see if we could do things differently to attract BAME applicants. 2.8.2 Our Jobs and Training section on the Council website now includes an equality and diversity section to promote our commitments and policies to anyone checking us out as a potential place to work. 2.8.3 The work to review the information on My Job Scotland and the Council website will be of benefit to all applicants applying for Council vacancies not just within the teaching profession. 2.9 Plan for Change in Our Teaching Workforce 2.9.1 Considering all the information we have gathered, our Advancing Race Equality in our workforce action plan sets out a clear path for the advancement of equality for BAME teachers in our schools and includes: • the Executive Sponsor for Race implementing a positive action scheme that provides a pathway for BAME teachers to advance in their careers and provide BAME visibility and influence; • opportunities for BAME school-based staff to connect with others to reduce isolation and build confidence; and • our Probationer Support Officers within the Education and Family Service is working with the General Teaching Council for Scotland to look at how it can monitor the diversity of its students to allow future action where required. Page 20 of 36
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2.10 The Action Plan – Monitoring and Review 2.10.1 The action plan for advancing equality in our workforce was the subject of a consultation with our BAME employees in February 2023. This group of employees also agreed to be involved in the ongoing monitoring and review of the action plan to ensure it progresses and remains relevant. 2.10.2 The Action Plan will also be monitored and reviewed by the Council’s Equality Board and subject of yearly reports to the Wellbeing and Tackling Poverty Committee. 2.10.3 The action plan is contained in the Appendix to this report. 3. Measures of success 3.1 We have increased the numbers of BAME employees in the Council environment. 3.2 We have increased the number of BAME teachers in our school environment. 4. Supporting documentation 4.1 Advancing Race Equality in our Workplace Action Plan Fiona Whittaker Chief Officer – People Resources Page 21 of 36
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The work associated with this report aims to advance race equality and therefore positively impacts the Council’s General Equality Duty If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Impact positively on the Council’s desire for its workforce to reflect the diversity of the people of North Lanarkshire. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Some of the actions will introduce positive action measures to tackle areas of stubborn inequality. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Page 22 of 36
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Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 23 of 36
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Appendix 1 North Lanarkshire Council Advancing Race Equality Action Plan 1. OUR WORKFORCE Case for Change Issue Actions Measure Responsible Officer Timescale RAG Status and comment 1.1 Low self-recording of ethnicity on iTrent gives unclear picture of the ethnic diversity of our workforce. a. Internal campaign fronted by the EEF to promote understanding of the need to record and encourage action. Increase in numbers of employees self- recording in ethnicity category. Equalities Manager January 23 – March 23 b. NLC Announcement to be made about the importance of self- recording on iTrent Decrease in prefer not to say responses. Equalities Manager January 23 – March 23 Communication has been sent out via All User email. Managers Bulleting to ask Managers to ask staff to ensure they have recorded in MySelf. 1.2 Although there is low self-recording we know that there are low numbers of BAME people in our organisation (0.69%). The local population is 1.7% (not including white minority). We a. Facilitate entirely anonymous recruitment at application and shortleet via iTrent. Increase in BAME people interviewed and appointed. Recruitment Manager January 23 On track for soft launch in January with full rollout in February b. Unconscious Bias training for people on recruitment panels and managers. Numbers of recruiting panel members. TOD Ongoing Page 24 of 36
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Appendix 1 want to at least match this. c. Job adverts to say that applications are particularly welcome from BAME people. Increase in applications from BAME people. Recruitment Manager January 23 onwards Equality and Diversity tab being added to MyJob Scotland NLC portal. d. Targeted recruitment campaigns to BAME and / people representative organisations. Increase in BAME people working for the Council. Recruitment Manager January 23 Review of organisations in partnership with Elected Member Equality Champion e. Positive action in recruitment within teaching – probationers intake, Promote to teacher training establishments. Increase in numbers of BAME teachers. Equalities Manager November 22 – Feb 23 Information sent to universities with direct message from Exec. Sponsor for Race. f. Train BAME employees to sit on interview panels for leader roles in Council – particularly when a BAME applicant is interviewed. Increase in successful BAME candidates employed. Reduced feelings of bias by BAME candidates. TOD January 23 onwards 1.3 We want to know about BAME employees’ experiences of working for NLC. a. Undertake a BAME employee survey every two years Numbers of BAME employees completing the survey. Equalities Manager Last completed in 2021 New survey October 2023 2021 survey results fed back to BAME employee event 25.10.22 Page 25 of 36
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Appendix 1 b. BAME employees are engaged and participate in the Employee Equality Forum. BAME employees participating in the EEF Equalities Manager Ongoing 1.4 No promotions went to BAME people. There are none at Senior Management Level. a. Leadership and Talent programmes targeted at BAME employees. Numbers of BAME employees participating in Leadership programme. TOD Manager January 23 onwards b. Establish a BAME Mentoring / Peer Network support from BLM Working Group and EEF. BAME employees participate in virtual network. TOD Manager / Equalities Manager January 23 onwards c. Sign up to Race at Work Charter. Employees are aware of the Council’s Race at Work Charter and the Council has progressed the 7 commitments. Equalities Manager Complete We signed the Charter in October 2021 and have completed Commitment 1 and have appointed an Executive Sponsor for Race. 1.5 Disproportionately low (in comparison to disabled, men and women) interviews to BAME people in 2020. 16.4% who applied were interviewed. a. Anonymous application process implemented. Increase in % of applications received resulting in interviews. Recruitment Manager January 23 onwards Anonymous recruitment process implemented in February 2023. b. Promote the minority ethnic recruitment toolkit with recruiting panels / training. Increase in % of applications received resulting in interviews. Recruitment Manager /TOD January 23 Page 26 of 36
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Appendix 1 c. Unconscious / Implicit bias training for recruiting panels. Increase in BAME people appointed. Recruitment Manager /TOD Ongoing In 2022 the training was accessed 419 times. 1.6 There is no specific training for - employees on race equality / anti-racism. a. Develop e-learning course on race equality. Course developed and numbers participating. TOD / Equalities Manager December 22 onwards Awaiting EMLC materials for review. b. Develop the Diversity Champion Training into a one- day course. Course developed. Numbers of employees trained. TOD January 23 Aa pilot for a one day course will take place on 18 April 2023. Course resources being developed. 2. OUR TEACHING WORKFORCE Case for change Issue Actions Measure Responsible Officer Timescale RAG Status and comment 2.1 In schools 1% of teachers are BAME while nearly 6% of pupils are. In some schools 12% of pupils are BAME. a. Positive action in recruitment within teaching. Link directly with teacher training establishments to attract BAME students approaching probationer year. Increase in numbers of BAME teachers in schools. HRBP / Equalities Manager August 23 onwards Page 27 of 36
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Appendix 1 a. Work with GTCS to monitor characteristics. The ethnicity of teaching students and probationer teachers is known. Probationer Support Officers November 22 onwards A sub-group has been set up by GTCS which the Council has representation on b. Develop leadership pathways in schools for BAME teachers. Increase in BAME teachers in promoted posts. TOD / HRBP/ Equalities Manager January 23 onwards Meeting with TOD has taken place and arrangements being put in place for a further meeting with BAME employees c. Work with Head Teachers to encourage uptake of leadership opportunities. Increase in BAME teachers participating in leadership programmes. Increase in BAME teachers in promoted posts. HRBP / Head Teachers / Ed. Lead January 23 onwards d. Work with Teacher Trade Unions re BAME networks. BAME teachers take up opportunities to network. Equalities Manager / HRBP January 23 onwards e. Work specifically with HTs in schools with disproportionately high numbers of BAME pupils to target job opportunities to BAME teachers. Reduced BAME pupil Teacher ratio. Equalities Manager / HRBP January 23 onwards f. Develop ‘Teach Here’ section on Council website to promote Increase number of BAME teachers in our schools Equalities Team / HRBP January 23 Page 28 of 36
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Appendix 1 Council as the place to come to teach Page 29 of 36
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North Lanarkshire Council Report Joint Consultative Committee for Local Government Employees Does this report require to be approved? ☐ Yes ☒ No Ref: FW/LC Date 21/03/23 Employment Policy Issues (Discipline Policy and Smarter Working) From Fiona Whittaker, Chief Officer People Resources E-mail Whittakerf@northlan.gov.uk Telephone 07973 728628 1. Background 1.1 Over the last year or so, the trade unions have regularly raised issues regarding the application of the Smarter Working Policy and in particular, the perception that some services are not applying the policy fairly and consistently. Specifically, the trade unions have raised concern that there are some services where employees’ applications are being refused almost instantaneously without due consideration. 1.2 In order to evidence this theory, the trade unions have requested that the Council provides details of how many Smarter Working applications have been received and how many have been approved or rejected. Unfortunately, the Council does not record Executive Summary At the last meeting of the Joint Consultative Committee for Local Government Employees (JCC) on 26 October 2022, discussion took place around several employment and policy issues that were causing concern for both the trade unions and their members which mainly centred around the disciplinary process and smarter working applications. The purpose of this report is to try and formally address the issues raised by the trade unions and to provide reassurance that the Employment and Policy Team are aware of the issues and are making every effort to address these. Recommendations The Joint Consultative Committee for Local Government Employees (JCC) are asked to: 1. Note the contents of this report. 2. Agree to the actions as outlined within the report. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition AGENDA ITEM 5 Page 31 of 36
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this specific information, however information on Smarter Working Appeals has been provided within this report which will hopefully alleviate the concerns expressed by the trade unions. 1.3 It has also been raised by the trade unions on several occasions, the length of time that disciplinary investigations are taking to conclude, and requests have been made to consider ways in which we can expedite the process. This issue is also addressed within the report. 1.4 In a similar vein, the trade unions have raised concerns around the practice of suspending employees from work, pending conclusion of the disciplinary process, and have asked that alternatives to suspension are considered, suspension times are reduced, and employees are supported throughout the period they are suspended. 1.5 The remainder of this report attempts to address the concerns raised by the trade unions as outlined above and give the reassurance sought, that any concerns raised with the Employment and Policy team regarding policy application or process are taken seriously and addressed appropriately. 2. Report 2.1 Smarter Working Policy 2.1.1 By way of background, the Smarter Working Policy has been in place for over 5 years, providing employees with an opportunity to request to work flexibly or from a different work location with the aim of providing a better work life balance. 2.1.2 Whilst the legislation that governs this policy, states that employees require to have 26 weeks continuous service before they can submit a smarter working application, the Council in recognition of the benefits this can provide to both employees and the organisation, allows employees to apply from the first day of their employment. 2.1.3 The application is initially considered by the line manager, who should consider the impact the request will have on the operation of the service and the ability of the employee to perform their duties and should take into consideration the following: • Burden of additional financial costs • Detrimental effect on ability to meet customer demand • Inability to re-organise work amongst existing employees • Inability to recruit additional staff • Detrimental impact on quality/performance • Insufficient work during the periods the employee proposes to work • Planned structural changes At this point, a member of the Business Partner team supports the manager and advises on the implications of the application should it be supported or otherwise. 2.1.4 Where an employee’s application is rejected, they can appeal the decision which is then considered by a senior manager. At this point, a member of the Employment and Policy team is present to support the manager and ensure that the appeal is given full consideration. Page 32 of 36
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2.1.5 Although, we do not record first stage applications at this time, this is something that we have recognised would be beneficial and discussions will take place with the Workforce Systems and Analytics Team over the coming weeks to assess what functionality is available within our current systems to allow this to happen. 2.1.6 In the meantime, we can advise that since 1 April 2022, we have received 46 Smarter Working appeals, with 41% coming from Education and Families, 26% from Chief Executives, 22% from Health and Social Care and 11% from Enterprise and Communities. Of the 45 appeals that have taken place so far, 33% have been upheld. 53% of the upheld cases are from Education and Families. 2.1.7 While the trade unions have raised concerns that specific services are not considering smarter working applications appropriately, there is no evidence that this is the case however we will ensure that managers are reminded about the importance of considering each application on its own merits. Officers from the People Resources teams will continue to provide support and advice on each application to ensure consistency, fairness, and compliance with the policy. 2.2 Disciplinary Process 2.2.1 Where a conduct issue has arisen, it is normal practice to investigate the incident before any further action can be taken and the Council’s Discipline Policy provides clear guidelines on how the investigation should be conducted, including the requirement for it to be carried out swiftly and impartially. 2.2.2 Whilst every effort is made to ensure that investigations are carried out timeously and within a reasonable timescale, there can be mitigating factors that prevent this from being the case including availability of officers investigating, unforeseen sickness absence and/or annual leave of those involved and the accessibility of witnesses and trade union representatives. 2.2.3 It has also been recognised by both the Council and the trade unions, that there are occasions when trade union representatives are either not available or have very limited availability, causing further delays to the investigation process. Although managers have been reminded about the importance of allowing trade union representatives time off to undertake their duties, it is accepted that there are areas where resourcing difficulties prevent trade union representatives being granted time off. Whilst there is no clear solution to this particular issue at this time, we will work with the trade unions to address this issue in the areas that it is most problematic. 2.2.4 The trade unions should also raise any concerns regarding the length of time that an investigation is taking to conclude with the Employment and Policy team in order that an explanation can be provided, and appropriate actions taken. 2.3 Suspension from Work 2.3.1 There are occasions when it is prudent to suspend an employee from their work, whilst the investigation into their conduct is carried out. Suspension is always with pay and should be for as limited a period as possible, subject solely to the investigation being completed. 2.3.2 It should also be noted that suspension from work on full pay must be carefully considered and alternatives to suspension are usually sought in the first instance. Where this is not possible, we ask that managers review the suspension at regular Page 33 of 36
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points in the investigation process to see if the requirement for the employee to be suspended remains. 2.3.3 Unfortunately, for the reasons outlined at 2.2.2 and 2.2.3 above, employee’s can be suspended for protracted periods of time awaiting the conclusion of the investigation. The trade unions, whilst understanding that there can be delays, have asked that employees are provided with regular updates throughout the period they are suspended. 2.3.4 The trade unions have also asked that employees are supported throughout the period of their suspension including the provision of regular updates on the investigation, regular contact from a manager and signposting to any other support deemed appropriate. 2.3.5 In response to the above, the Employment and Policy team will review the guidance currently available and will ensure that this is updated and issued to any manager who is considering or has suspended an employee from work. 2.3.6 It should also be noted that the Council will be reviewing the Discipline Policy in the future and the trade unions will be invited to be part of that process from the onset allowing for their input to the section on suspension and other aspects of the policy and procedures. 2.3.7 In conclusion, the Employment and Policy team will continue to work with the trade unions to identify issues with policy application and to address these at the earliest possible point. 3. Measures of success 3.1 The policies and procedures of the Council are applied fairly and consistently and processes are undertaken timeously and within reasonable timescales. 4. Supporting documentation Not Applicable Fiona Whittaker Chief Officer People Resources Page 34 of 36
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? It has been identified that there is a need to record first stage Smarter Working Applications to ensure statistical information can be provided and analysed. While a review of the Disciplinary Policy is in the pipeline, there is a need to ensure that managers have a firm understanding of their responsibilities during the period of time that an employee is suspended and guidance notes will be updated to reflect this. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☒ Page 35 of 36
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 36 of 36