Introduction of Sexual Harassment Policy, Menopause and Hormonal Change Policy, and Disability in Employment Policy
North Lanarkshire Council · 13 June 2023
Back to Joint Consultative Committee for Local Government Employees — 13 June 2023 and its agenda
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North Lanarkshire Council Report Joint Consultative Committee (JCC) Does this report require to be approved? ☐ Yes ☒ No Ref FW/LC Date 13/06/23 Introduction of Sexual Harassment Policy, Menopause and Hormonal Change Policy and Disability in Employment Policy From Fiona Whittaker, Chief Officer People Resources E-mail Whittakerf@northlan.gov.uk Telephone 07973 728628 1. Background Sexual Harassment Policy 1.1 Sexual Harassment is unwanted behaviour of a sexual nature and whilst there have been very few cases reported within the Council, it is recognised that there is a limited focus on this particular form of harassment with concerns that both managers and employees are unclear about reporting incidents and/or dealing with them. 1.2 Although, sexual harassment is explicitly explained within the Council’s Dignity at Work Policy, a more focused approach is favoured to promote the Council’s zero tolerance to this inappropriate and unwelcomed behaviour. Executive Summary The purpose of this report is to provide the Joint Consultative Committee (JCC) with information on the proposal to introduce three new policies that will enable employees to continue to receive the support they need to allow them to work in a safe and healthy environment whilst aiming to promote North Lanarkshire Council as an employer of choice. Recommendations It is recommended that the Joint Consultative Committee (JCC); 1. Consider the proposal to introduce three new policies to the Council. 2. Agree to review and comment on these new policies. 3. Participate in the consultation process regarding these policies. 4. Support the implementation of the policies when appropriate to do so. 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
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1.3 In addition, the Worker Protection (Amendment of Equality Bill 2010) Bill, which has been working its way through parliament, is designed to encourage employers to prevent sexual harassment in the workplace by introducing a new duty on employers to take all reasonable steps to prevent sexual harassment of their employees in the course of their employment. 1.4 Therefore, as part of an ongoing review of our policies and accreditations, it was determined that the creation of a standalone Sexual Harassment Policy was required to ensure that both employees, customers and external bodies understand the importance of a zero-tolerance approach towards any form of sexual harassment in the workplace or in the course of undertaking duties for the Council. 1.5 Lastly, to ensure that we can continue to maintain and improve on our current bronze accreditation with Equally Safe at Work, a requirement of the Silver Award is to introduce a Sexual Harassment Policy. Menopause and Hormonal Change Policy 1.6 Over the last few years, there has been a national focus on the menopause and the impact this has on employee’s health and wellbeing in the workplace and whilst in recent years the Council has been proactive in promoting support for those experiencing the menopause, a specific policy has never been introduced. 1.7 Whilst the menopause is not a specific protected characteristic under the Equality Act 2010, if an employee or worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be discrimination if related to a protected characteristic, such as age, disability, gender reassignment or sex. 1.8 It is therefore important to ensure that as a Council, we have the correct procedures and support in place to help staff affected by the menopause or any form of hormonal change and the most practical way of doing this is to introduce a policy which clearly sets out for both managers and employees the supports available. Disability in Employment Policy 1.9 The Council is committed to developing, maintaining and supporting a culture of equality and diversity in employment in which employees and applicants for posts are treated equitably regardless of any disability as defined within the Equality Act 2010. 1.10 The Equality Act 2010 replaced the Disability Discrimination Act 1995 providing extended legal protection for disabled people in various areas, including employment. 1.11 Whilst the Council already has an established Equality and Diversity in Employment Policy which is governed by the above legislation and there are a number of other provisions available to support disabled employees, the trade unions have requested that the Council introduce a Disability in Employment Policy. 1.12 The aim of the Disability in Employment Policy will be to ensure that all known supports and assistance available within the Council are listed within one document to ensure easy access for both managers and employees. It should also ensure that all disabled employees receive the support, adjustments and assistance they need to maximise their potential and opportunities for development and promotion whilst in employment.
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2. Report 2.1 Sexual Harassment Policy 2.1.1 As outlined above, the Council does not tolerate or condone any form of sexual harassment and currently the Dignity at Work Policy provides both employees and managers with the framework in which the Council addresses complaints of this nature. 2.1.2 However, as sexual harassment like others forms of harassment is unlawful but is often not recognised or reported, the Council has taken the decision to introduce a standalone policy, that will enhance the current provisions available and further help to protect employees from unwanted sexual advances and inappropriate conduct. 2.1.3 As part of the introduction, a review of the current monitoring of these cases will be undertaken with a view to having a more robust and transparent reporting and monitoring process in place. 2.1.3 The policy is currently in draft format and will be circulated to the trade unions for consideration and comment. The policy will also be presented to the Council’s Equality Groups and Corporate Management team for comment before the final version is progressed through the formal approval stages. 2.1.4 The draft version of the policy aims to: • Explain the definition and meaning of sexual harassment and provide some examples. • Outline the process for reporting sexual harassment, including how to make a complaint, and who to contact to make a complaint. • Provide employees with an easy-to-understand mechanism for reporting sexual harassment which gives them the confidence to report any acts of this nature. • Encourage employees to report incidents of sexual harassment promptly. • Detail how the complaint will be addressed. • Support available for all parties involved. • Inform employees that disciplinary action may be taken against them if they violate the policy. 2.1.5 Currently the Council holds the bronze accreditation for Equally Safe at Work which supports employers to advance gender equality and prevent violence against women. In our efforts to secure the silver award, part of the requirements is the development of a separate Sexual Harassment Policy. Although supporting our accreditation application, it is also seen as a positive step for the Council in terms of the equality’s agenda. 2.1.6 To support the implementation of the policy, e-learning modules will be developed for both managers and employees emphasising the Council’s zero tolerance towards this type of behaviour and our expectations in regard to employee’s conduct. There will also be a communications campaign signposting employees to the policy on MyNL. 2.2 Menopause and Hormonal Change Policy 2.2.1 As outlined above, currently the Council does not have a separate policy covering the menopause or hormonal changes, but there is a suite of documentation available on MyNL and Workwell NL aimed at supporting both employees and managers to address
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this often difficult and uncomfortable time in a person’s life. The Supporting Attendance Policy, Special Leave Policy and Reasonable Adjustments Protocol all provide forms of support to employees at significant periods in their life, but a more focused policy is deemed necessary. 2.2.2 It is anticipated that by introducing a separate policy, it will ensure that both employees and managers are fully supported during this potentially stressful and difficult phase in an individual’s life, and that employee’s will be treated with dignity and respect whilst preventing unnecessary or unfair treatment. 2.2.3 The policy will clearly outline how employees can be supported in the workplace and provide managers with guidance on how to have open discussions about individual concerns, signs and symptoms. The aim is to create an environment where menopause and hormonal change issues can be talked about easily and openly and support is provided where and when it is needed to prevent employees leaving the workplace or having long term absence issues. 2.2.4 Although not directly covered by the Equality Act 2010, the menopause and other hormonal changes are covered under the three protected characteristics of age, sex and disability discrimination. The Health and Safety at Work Act 1974 also provides for safe working, which extends to the working conditions when experiencing menopausal symptoms. Therefore, it is imperative that as an organisation, managers and employees are educated in the signs and symptoms, the impact these can have on an individual and the support that can be applied. 2.2.5 Whilst the policy is currently in draft format and will be presented to the trade unions for consideration in the coming weeks, it’s main focus is on four main areas: • Legislation and associated policies that protect and support employees. • Roles and responsibilities of managers and employees. • Potential signs and symptoms of the menopause and hormonal change. • Support mechanisms for both employees and managers. 2.2.6 Once the final version of the policy has been agreed, a communications campaign will ensure that it is well publicised across all of the workforce. 2.3 Disability in Employment Policy 2.3.1 As detailed earlier in this report, the Council is committed to developing, maintaining and supporting a culture of equality and diversity in employment to ensure that all employees and applicants for posts are treated fairly and reasonably and in line with the Equality Act 2010. 2.3.2 Although the Council does not have a specific Disability in Employment Policy, employees are supported through a number of other policies and provisions including the Supporting Attendance Policy, Special Leave Policy, Reasonable Adjustments Protocol, Dignity at Work Policy and the Equality and Diversity in Employment Policy. 2.3.3 The trade unions have requested that a separate policy be created that provides disabled employees with one document that outlines what support and assistance is available to them during the period of their employment. 2.3.4 Whilst the drafting of the policy is not yet underway, it is recognised that a policy will make sure disabled employees get the support they need and will aim to provide as far as reasonably practicable, equity in access to the full range of recruitment, career
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development, promotion, training and other employment opportunities for employees. More importantly, it will ensure that there is no unfair discrimination on the grounds of disability and that access to employment and promotion is based solely on merit. 2.3.5 Supports available to disabled employees will be detailed within the policy along with signposting to external organisations who can provide disabled employees with support whilst at work. 2.3.6 The policy will be drafted over the coming months with the support of the Council’s Equalities Manager and be issued to the trade unions thereafter for consideration. 2.4 Next Steps 2.4.1 The draft versions of the Sexual Harassment Policy and Menopause and Hormonal Policy will be finalised in the coming days and issued to the trade unions and equalities groups for consideration, before the final versions are presented to the Corporate Management team and appropriate committees for approval. 2.4.2 Both the aforementioned policies will be applied to all employees of the Council and therefore the teaching trade unions will also be involved in the consultation process. 2.4.3 Once approved, all policies will be communicated to all staff and made available on MyNL and where applicable training will be provided to both managers and employees. 2.4.4 The Council will continue to monitor and review all of its employment policies to ensure that they remain legislatively compliant whilst considering the needs of the business and the Council’s ambitions. 3. Measures of success 3.1 A measurement of success will be that employees feel safe in the workplace knowing that there are policies and procedures in place to protect them from unwanted behaviours or discrimination. 3.2 That employees feel comfortable having discussions about their health and wellbeing and managers have the skills and knowledge to apply the correct level of support and assistance. 3.3 Disabled employees feel that they are supported and treated fairly in the workplace and there is evidence of development and promotion amongst the disabled workforce. 3.4 Overall, employees of North Lanarkshire Council feel valued, supported and confident in their employer. 4. Supporting documentation Not applicable. Fiona Whittaker Chief Officer People Resources
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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? There is likely to be an impact which will be assessed when the Equality Impact Assessments are undertaken prior to the introduction of the three new policies. 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? The impacts are unknown at this time, but it is anticipated that the introduction of all three policies will enhance the support currently available to employees. 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? All three policies will be presented to legal services for consideration before being finalised for approval. 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 ☐
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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? 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? There will be a communications campaign attached to the implementation of the new policies once finalised and approved. 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.