3.12 The Board as an Employer
What responsibilities does the Board have in relation to employees?
The Board is the employer of the individuals who work for the public body. The Board needs to have assurance that the body is meeting its moral and legal obligations by:
- complying with employment law;
- avoiding discrimination of any kind against current or potential employees and ensuring equal opportunities;
- having in place agreed terms and conditions of employment and clear policies on human resource issues such as:
- promotion;
- discipline;
- grievances; and
- staff development
- complying with all health and safety requirements.
The terms and conditions of employment should reflect the general standards set out in the Scottish Executive's Model Code for Staff of Public Bodies.
The Board is also usually responsible for the recruitment of the Chief Executive and, in some cases, other senior staff. If you take part in a recruitment exercise, you will need to be familiar with employment legislation and any Codes of Best Practice in relation to equal opportunities issues. You should receive training in recruitment and selection before serving in that capacity.
A checklist to see how your organisation measures up as a good employer is provided at Appendix 3.1.
Diversity
The Scottish Executive has a Diversity and Equality Strategy and the principles in it apply to all public bodies. The main aim is to remove the causes of discrimination and strengthen and build on what is positive and inclusive. There are three key objectives:
- making better policy and providing better services;
- promoting equal opportunities and tackling discrimination; and
- being a good employer.
The Scottish Executive expects all public bodies to mainstream equal opportunities in their work. This means that the Board should give specific consideration to the impact on equality of opportunity when developing policies and making decisions. The Board should also look at how information can be presented to different groups in formats that best suit their needs and find ways of consulting effectively with people with different needs.
As an employer, the Board should consider ways to attract new workers from a range of groups and perhaps set targets for increasing the number of applications from women, disabled people and people from minority ethnic groups.
Up-to-date information on current legislation relating to equal opportunities and best practice can be found on the following websites:
www.eoc.org.uk Equal Opportunities Commission
www.cre.gov.uk Commission for Racial Equality
www.drc-gb.org Disability Rights Commission
www.caade.net Campaign Against Age Discrimination in Employment.
Human Rights
Under the Human Rights Act 1998, it is unlawful for a public body to act in a way that is incompatible with a Convention right.
The Board should seek assurances from the Chief Executive and senior staff that the policies and procedures currently in place within your public body are compatible with the Convention rights. The 'human rights' dimension is one of the considerations that will have to be borne in mind by the Board when considering legislation, policies and procedures.
Your organisation should also be committed to protecting the privacy of individuals privacy in relation to how personal information is used as required by the Data Protection Act 1998 and equally to openness and transparency of decision-making in its handling of corporate information as required by the Freedom of Information (Scotland) Act 2002.