Scottish Government

9. ANALYSIS OF SPECIFIC ELEMENTS OF THE PAY SYSTEM

9.1 Permanent vs. Non-Permanent (Fixed-term)

Initial Investigation

9.1.1 Table 13 shows the numbers and percentages of permanent and non-permanent staff along with the associated pay gaps. Non-permanent includes staff on fixed-term, casual, recurring temporary and New Deal contracts. It also includes Student Placements.

Table 13: Permanent staff compared with non-permanent staff

Note: * denotes less than 5 staff.

9.1.2 In all grades the pay gap favours permanent staff. This is due to the influence of 'casual' staff who are paid at the minimum of the pay range.

9.1.3 A detailed analysis of non-permanent staff by gender is impossible due to the very small numbers involved.

9.2 Promotion and Progression Payments

9.2.1 Consolidated and non-consolidated payments associated with progressions and promotions are calculated using the following rules:

a) If the salary prior to the progression/promotion is greater than the minimum of the higher range, a non-consolidated award of 10% of salary for progressions and 12% for promotions is awarded.

b) If the salary prior to the progression/promotion is less than the minimum of the new range then the salary is consolidated up to the minimum of the new range. If this results in an award of less than 10%/12% then the difference is paid as a non-consolidated payment.

9.2.2 Non-consolidated awards are paid on a pro-rata basis to part-time staff. For the purposes of this analysis these payments have been re-calculated to reflect the payment which would have been made had these staff been full-time. This allows for the inclusion of part-time staff in the analysis that follows.

Gender

9.2.3 The following analysis considers both non-consolidated and consolidated payments associated with progressions and promotions occurring between 1 August 2002 and 31 July 2003. During this period a total of 587 progressions or promotions were identified. Of these 322 were female and 265 male. Statistical analysis showed that there was no cause for concern as the proportions of staff being promoted or progressed did not differ significantly between genders.

9.2.4 Table 14 shows the numbers of male and female staff being progressed or promoted during the last complete pay year. The pay ranges refer to the range from which the individual moved. These figures are also given as a percentage of all staff in these ranges in the analysis. Alongside are displayed details of the non-consolidated and consolidated average payments.

Table 14: Promotions and Progressions between 1 August 2002 and 31 July 2003

Note: * denotes less than 5 staff.

9.2.5 Non-consolidated progression and promotion payments favour females in ranges A1 to B2. This is as expected as the overall gender pay gap in ranges A1 to B1 favours females suggesting that they have salaries which are nearer to the VfR of their range. According to the rules described above, those with salaries nearer to the VfR will, in turn, receive higher non-consolidated payments. This is borne out by correlation analysis which shows that higher salaries are generally associated with higher non-consolidated payments in each pay range.

9.2.6 Consolidated awards are, as explained above, made to staff whose salary is below the minimum of their new pay range. Consolidated awards therefore tend to be made to staff with lower salaries in their previous range. With the exception of A4 and B2 the pattern of consolidated payments is as expected and reflects the pay gap described in Table 1. The unexpected nature of the average consolidated payments in A4 and B2 can be attributed to a small number of officers in each range earning salaries on or near the minimum before being progressed.

Disability

9.2.7 Of the 587 progressions and promotions, 571 had no self-declared disability and 16 were self-declared disabled.

9.2.8 The small number of self-declared disabled staff was too small to allow a meaningful analysis to be conducted. However, self-declared disabled staff tend to receive higher non-consolidated payments which suggests that they are on higher salaries prior to their promotion/progression.

9.2.9 Consolidated awards meanwhile favour the opposite group of staff. Once more this is to be expected since, in general, higher non-consolidated payments will be made to staff near the VfR of their old range whilst higher consolidated payments will be made to those further below the VfR.

Work Pattern

9.2.10 Of the 587 progressions and promotions, 544 staff worked full-time and 43 worked part-time at the time of promotion/progression. It was not possible to perform a detailed statistical analysis since an employee's work pattern status at the time of progression could differ from their current work pattern. However, the basic figures appear to suggest that fewer part-time staff than might be expected were promoted/progressed (6.7% of part-time staff compared to 9.7% of full-time staff) .

9.2.11 While there may be a variety of reasons why part-time staff either do not seek promotion/progression or are unsuccessful in their attempts to move into a higher range, SE policy states that all posts should be open to staff on alternative working patterns. It is recommended that further work should be conducted to examine the reasons why the numbers of part-time staff securing promotion/progression appears to be lower than expected.

9.2.12 Across all pay ranges where comparators exist part-time staff received higher non-consolidated payments and the lower consolidated payments. This suggests that the part-time staff who are progressing tend to be nearer the VfR of their previous range.

9.3 Pay award performance payments

9.3.1 Under the current performance management system, only staff whose performance is assessed as 'Effective' or 'Exceptional' receive a pay award. Staff assessed as 'Exceptional' also receive a bonus equal to 5% of the VfR. The bonus increases to 10% for the award of a second consecutive 'Exceptional' marking. Staff who are awarded a third consecutive 'Exceptional' marking receive a 10% non-consolidated bonus along with a 5% consolidated increase to salary.

9.3.2 As bonus payments are based on the VfR, the amount awarded to male and to female staff should not vary. The following analysis therefore focuses on the numbers receiving bonus payments rather than the amount awarded.

9.3.3 A total of 727 staff received a performance bonus for the pay year 01 Aug 2002 - 31 Jul 2003.

9.3.4 Table 15 shows the numbers of staff who received a performance bonus. In total 423 females (13.1% of all females in the review) received a performance bonus compared to 304 males (10% of all males in the review). Statistical analysis provided evidence that this was significantly different from the expected distribution of bonuses with fewer males than expected receiving a bonus. A similar gender bias, favouring females, has been observed in previous appraisal years and work is underway to investigate this.

Table 15: Bonus Payments

9.3.5 There is also evidence that performance bonus payments are more likely to be made to staff in the higher pay ranges of a given pay band. It is recommended that line managers should be reminded that bonus payments can be awarded to staff in all ranges.

9.3.6 In total 16 disabled staff (7.7% of all disabled staff included in the review) received a performance bonus compared to 711 non-disabled staff (11.7% of all non-disabled staff in the review). Further analysis showed that these figures did not highlight a problem.

9.4 Special Bonus

9.4.1 The Special Bonus Scheme is designed to reward staff for special contributions made over a relatively short period of time, for example a special bonus may be awarded in recognition of completing a special project or dealing with a crisis. Special bonuses may be made either on an individual or team basis and take the form of cash awards which are taxable and non-pensionable. The Scheme operates independently from performance pay arrangements and is not linked to annual performance appraisals.

9.4.2 Table 16 details the numbers of male and female staff receiving a special bonus payment between April 2002 and March 2003.

Gender

Table 16: Special Bonus Payments analysed by gender

Note: * denotes less than 5 staff

9.4.3 The proportions of male and female staff receiving special bonus payments were comparable with 7.9% of females and 7.7% of males receiving the bonus. There was, however, some suggestion of variations between the numbers of male and female staff receiving the bonus within particular pay ranges. For example 10.8% of all female B3s received a special bonus payment compared to only 7.2% of male B3s.

9.4.4 There are too few disabled staff receiving the payment to allow any meaningful analysis of the actual payments made.

General

9.4.5 It is recommended that those awarding special bonuses are reminded of the Department's Equal Opportunities policy and the need ensure that any payments are free from bias.

9.5 Working Time Payments

9.5.1 The working time figures which follow consider the payments made to staff who have been included throughout this review (i.e. were employed in SEM on 1 ^st November 2003).

9.5.2 It should be noted that where figures are given as percentages of all staff in the analysis they are intended to be purely indicative. The percentages use the number of staff in any given pay range on 1 ^st November 2003 as a base. This will have fluctuated throughout the pay year and therefore the figures cannot be treated as exact.

Overtime

9.5.3 Staff are entitled to claim overtime for all hours worked at Management's request in excess of conditioned hours. Overtime working is at Management's discretion.

9.5.4 Overtime is paid by the hour and in addition to basic salary. Payments are based on salary plus any allowance in payment which reckons for overtime.

9.5.5 For staff in Band A the hourly payment for overtime worked between Monday and Saturday is at the rate of time and a half. For staff in Bands B and C the hourly payment is made at plain time rate.

9.5.6 All staff who are required to work in excess of conditioned hours on a Sunday receive an overtime payment calculated at plain time rate.

9.5.7 In addition to receiving overtime payments (as described above) for working on Saturdays and Sundays, staff also receive a premium payment.

9.5.8 Table 17 shows the number of employees receiving overtime payments during the 2002/03 pay year which ran from 1 ^st August 2002 to 31 ^st July 2003. Payments are split by gender and an approximate pay range at the time the payment was made. In addition these figures are given as percentages of all staff in the analysis and the average payments are also included along with the gender favoured by these averages.

Gender

Table 17: Overtime Claims by Gender

Note: * denotes fewer than 5 staff

9.5.9 Statistical testing showed that the overall distribution of male and female staff who did or did not receive overtime payments differed significantly from the expected distribution. In A1, for example, a large proportion of the staff working overtime worked in Corporate Services in the Accommodation 'house-teams'. The majority of staff in these house-teams are male.

9.5.10 Similarly, many of the particularly high average payments are associated with specific Departments. For example, the figures for A1 include the payments to staff in the Government Car Service where overtime is a common occurrence. All staff working in this area are male.

9.5.11 In A4 a number of the staff receiving the highest overtime payments were in FRS. Of all the A4 FRS staff almost 70% are male and this was partially responsible for raising the male average above the female figure.

9.5.12 In the Fast-Stream the average payments received by both male and female staff were particularly high with the female average higher than the male. Many of these Fast-Stream staff worked in the Office of the Permanent Secretary as Private Secretaries to Ministers.

9.5.13 Proportionally more male staff than female staff worked overtime in the majority of pay ranges. These male staff also tended, on average, to receive higher overtime payments. This may suggest that overtime is more readily available to male staff, perhaps because male staff tend to dominate in work areas where overtime is most likely to be required. Alternatively male staff may simply be more interested in working overtime than female staff.

Disability

9.5.14 A total of 59 (28% of all) self-declared disabled staff and 1936 (32% of all) non self-declared disabled staff claimed overtime during the pay year.

Extra Hours

9.5.15 Part-time staff may claim a payment for all hours worked at Management's request in excess of their contracted hours. Once staff work beyond the net conditioned hours set for full-time staff (37 hours), payment becomes subject to the usual overtime rules.

9.5.16 Table 18 shows the numbers of male and female staff in each pay range receiving extra hours payments during the 1 ^st August 2002 - 31 ^st July 2003 pay year.

Gender

Table 18: Extra Hours Worked by Gender

Note: * denotes less than 5 staff

9.5.17 Given the numbers of male and female staff working part-time hours there is no evidence to suggest that more female staff than expected claimed extra hours payments or vice versa.

9.5.18 In most pay ranges the average extra hours payment made to females exceeds that made to males. This suggests that the females who work extra hours do so more often and/or for longer periods than do the males. This was backed up by the greater regularity with which females received payments.

Disability

9.5.19 Fewer than 5 disabled staff received extra hours payments during the pay year making analysis impossible.

Untaken Meal Breaks

9.5.20 Staff working overtime are entitled to a meal break if they work 6 hours or more. When a member of staff does not take a meal break they may claim for payment instead.

9.5.21 Table 19 shows the numbers of male and female staff who received untaken meal break payments during 01 August 2002 - 31 July 2003 across each pay range. The proportions of male and female staff receiving untaken meal break payments are comparable with 4.1% of females and 4.6% of males receiving payments.

Gender

Table 19: Untaken meal breaks by gender

Note: * denotes less than 5 staff

Disability

9.5.22 Untaken meal breaks were claimed by a total of 11 (5.3% of all) disabled staff and 264 (4.3% of all) staff with no self-declared disability.

Meal Allowance

9.5.23 A meal allowance to cover the cost of purchasing a morning or evening meal which would otherwise have been taken at home is paid to staff who are required to:

• start or finish work at least 3 hours prior to or 3 hours after their normal work pattern in addition to their normal duty; or
• sleep overnight at the office either before commencing early duty or after finishing late duty.

9.5.24 With effect from 1 August 2002 the value of the allowance was £4.60.

9.5.25 Table 20 shows the number of employees receiving meal allowance payments split by gender.

Table 20: Meal Allowance

Note: * denotes less than 5 staff

9.5.26 The average male payment exceeded that of females in most pay ranges. Given that a standard rate of payment exists which is not dependent upon salary, the higher average payment made to males indicated that the male staff made more meal allowance claims than females did. As the meal allowance tends to be linked to overtime working this is consistent with the findings described above (i.e. more men work overtime than women).

Disability

9.5.27 In all 13 (6.2% of all) self-declared disabled staff received the meal allowance payment compared to 395 (6.5% of all) non self-declared staff.

Night Duty

9.5.28 A night duty allowance may be claimed by staff who are required to work between 8 pm and 6 am.

Gender

9.5.29 Table 21 shows the numbers of male and female staff in each pay range receiving night duty payments during the 1 ^st August 2002 - 31 ^st July 2003 pay year.

9.5.30 A large proportion of the staff working night duty, particularly in A1, worked in Corporate Services. All of these staff were male and most worked in the Government Car Service or in Voice and Data Systems. In these areas a significant majority of staff are male, suggesting that male staff dominate in jobs where night duty might be required.

Table 21: Night Duty by Gender

Note: * denotes less than 5 staff.

9.5.31 Similarly, many of the remaining staff claiming night duty worked in Fisheries Research Services where the majority of staff are male.

Disability

9.5.32 Less than five self-declared disabled members of staff received night duty payments in the 01 August 2002 - 31 July 2003 pay year. The proportion of disabled staff receiving night duty payments was comparable to the proportion of non-self-declared disabled staff.

Travel Time

9.5.33 A payment may be made to staff who are required to travel on official business. Official business includes attendance at training events, meetings or selection boards and so on.

9.5.34 Table 22 shows the numbers of male and female staff in each pay range receiving travel time payments during the 1 ^st August 2002 - 31 ^st July 2003 pay year.

Table 22: Travel time by Gender

Note: * denotes less than 5 staff

9.5.35 In general, the individual payments made to each male and female were comparable but males were more likely to make a large number of claims during the year than were females. This explains the fact that in most ranges the average total payment made to males exceeded that made to females.

Disability

9.5.36 Forty (19% of all) self-declared disabled staff made travel time claims compared to 1397 (23% of all) non-declared staff. There was no evidence that this was a significant difference.

On-call

9.5.37 The term "on-call" is defined as "a specific management requirement for staff to remain continuously and immediately available and fit for work after leaving their office."

9.5.38 The values of the allowance depends on the amount of time spent on-call and on whether the days spent on-call are weekdays, weekends/privilege holidays or public holidays and between different hours spent on-call during weekends or holidays.

9.5.39 Table 23 shows the number of employees receiving on-call payments split by gender and an approximate pay range at the time the payment was made.

Table 23: On-call Allowance

9.5.40 The average male payment exceeded that of females in every pay range. Given that a standard on-call payment exists which is not dependent upon salary, the higher average payments made to males suggested that they spent longer on-call than the females did.

9.5.41 The evidence showed that more males than females received payments for working on call and in addition suggested that these males tended to spend more time on call than females throughout the year.

Disability

9.5.42 Fewer than five disabled staff received on-call payments during the pay year rendering further analysis impossible.

9.6 Non-Pay Benefits

9.6.1 The next part of the review examined the non-pay benefits which are available to staff in SEM. The review used the checklists provided in the Cabinet Office guidance. These checklists posed a series of questions, the answers to which helped to identify whether there were any equal pay issues which required to be addressed.

9.6.2 Copies of the checklists and the answers to the questions posed are attached at Annex A.