NLC Commitment to Fair Work First
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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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
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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
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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
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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
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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
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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?
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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.