Agenda item

The Head of Human Resources presented the report.  As a public body there was a requirement to publish information which demonstrated compliance with the Equality Duty created under the Equality Act 2010.  In the exercise of functions there was a requirement to: i) eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act; ii) advance equality of opportunity between people who shared a protected characteristic and those who did not; and iii) foster good relations between people who shared a protected characteristic and those who did not. 

 

Regulations, enabled by the Equality Act required public authorities to publish their equality objectives and information to demonstrate their compliance with the Equality Duty.  The Annual Equality, Diversity and Inclusion report was one of the ways in which the Service demonstrated this compliance. 

 

Members considered the report (attached at appendix 1 now presented) which demonstrated performance in terms of meeting legal duties for the period 2021/22 and setting out plans for 2022/23.  It was noted that this was part of a suite of delivery plans that supported the delivery of the People Strategy (which detailed areas of focus in terms of improved accessibility, training and development, recruitment and selection, engagement, consultation, performance management and in the development of policies and strategies).

 

As an employer the aim was to recruit and develop a diverse workforce and to ensure that the workforce could work with dignity and respect, protected from any type of prejudice or discrimination. 

 

Further to the review of risks within the communities of Lancashire, the Service had developed the following equality objectives in supporting:

 

Our communities:

·         Support local businesses to reduce the risk of fire and remain compliant within fire safety legislation;

·         Reduce the number and impact of fire and other emergencies to our diverse communities across Lancashire;

·         Develop and deliver a Prevention service targeting our most vulnerable communities.

 

Our workforce:

·         Promote equality in our workforce policies and workforce practices;

·         Develop our staff to ensure they can respond competently meeting the different needs of our diverse communities.

 

The Service aimed to ensure that no one received less favourable treatment for reasons relating to all recognised protected characteristics covered by the Equality Act. 

 

Equality Impact Assessment (EIA) was an effective tool in demonstrating how the Service met its legal requirements under the public sector equality duty, identifying the impact of policies and decisions on staff and communities and ensuring that the impact was fully understood and any negative impact mitigated.  The Service had strengthened its approach to EIAs through training having delivered 6 courses during the period.  It was noted that a peer review would be commissioned during 2022/23 to review current arrangements with a view to identifying improvements.  The Service ensured that any partnership operated in line with equality principles and associated equality duties.

 

Workforce Profile

Members considered annex A to the report which demonstrated the workforce equality profile as of 31 March 2022 in relation to all protected groups (apart from gender reassignment due to the sensitive confidential nature of the data). Information was provided across: i) workforce demographics for the Service; ii) prevention and protection (community fire safety green book staff, fire safety grey book staff and Prince’s Trust green book staff); iii) response grey book operational staff (wholetime and on-call); iv) female firefighter operational staff; v) business support green book staff; vi) support staff grey book; vii) turnover; and viii) age profile.  Annex B to the report provided an analysis of recruitment and included grey book gender split promotions by rank during the period.  Annex C detailed disciplinary, grievance and harassment and bullying cases during the period. 

 

Monitoring equality and diversity in the workforce enabled the Service to identify how employment policies were working and to identify areas where these may appear to be working disproportionately on certain groups of staff.  It was noted that with effect from 2022, the Service reported on its workforce as part of its performance reporting arrangements.  The Service operational Emergency Cover Review included an assessment of relevant data which allowed the Service to assess risk and focus its resources in those areas of highest need.

 

Detail of progress in relation to EDI was summarised in the completed action plan for 2021-22 as set out in annex D with the new Action Plan for 2022-23 considered at annex E. 

 

Members noted other areas of focus related to equality, diversity and inclusion set out in section 7 of the report (from page 25 of the agenda pack) were: -

 

Accessibility

Information was made available in a variety of formats using multiple channels to best reach Lancashire’s diverse communities.  Equality and diversity values were promoted in key publications and information sources internally and externally.  Information was provided in printed form and via digital channels including the website.  The website met web content accessibility guidelines and work was ongoing towards compliance with public sector bodies (websites and mobile applications) accessibility regulations 2018 and achieving Web Content Accessibility Guidelines 2.1 level AA standard.  Key messages were targeted at those who were most at risk.  Positive action campaigns were undertaken when recruiting to encourage women and under-represented groups to apply.  National campaigns and special events were supported (such as: Pride Month, I’m not a Muslim but I will Fast for One Day and International Women’s Day).  Information was also available in alternative formats (large print, additional languages on request and videos were produced with subtitles).  Measures from the British Dyslexia Association’s style guide were also applied to both internal and external material.

 

Training and Development

The Service had a proactive approach to training and development in relation to equality, diversity and inclusion.  The Service prioritised the development of a strong organisational culture where its values were understood, receiving ‘outstanding’ in its 2021/22 inspection by HMICFRS.  In addition to its STRIVE values, the Service had adopted the Code of Ethics for Fire and Rescue Services developed by the National Fire Chiefs Council and the Local Government Association.  The Deputy Chief Fire Officer had been confirmed as the senior officer responsible for the Code of Ethics and development sessions had been delivered to staff.  In addition, the Service had developed a talent management approach to identify those with potential ensuring that individuals were developed and available with the right skills and competencies to meet the needs of vacancies within the Service.

 

Recruitment and Selection

The Service continued its journey to improve the diversity of its workforce to ensure that it represented the community it served.  During 2021 the Service delivered a range of positive action initiatives aimed at recruiting a diverse group of candidates who met the standards required in terms of fitness, behaviours and competencies to fill the wholetime apprenticeship course. The specific aim of the positive action was to promote the Service as an employer of choice to the black and minority ethnic community, women and people from the LGBTQ+ community. 

 

Recruitment initiatives were supported by representatives from the Service’s employee voice groups and from the previous apprenticeship cohorts.  Details of the reach of the social media campaign and events held were included in the report.  A total of 359 people attended across the recruitment events, of which 11% were BME, 17% were female and 15% were from the LGBTQ+ community with the remaining 57% identified as white males.  Of the 359 attendees, 30 went onto apply for a wholetime apprenticeship firefighter vacancy amongst a total of 748 applicants.  19 were female, 5 from LGBTQ+ community and 5 identified as BME.  Applications opened on 1 November 2021 and closed on 10 November 2021.  Of those who applied the demographic profile was: Male 88%, Female 11%, BME 6%, LGBTQ+ 10% and Disabled 4%.

 

The demographic profile of the first cohort in May was: Male 88%, Female 12%, BME 3%, LGBTQ+ 18% and Disabled 0%.

 

The demographic profile of the second cohort in September for candidates invited to join was: Male 83%, Female 17%, BME 3%, LGBTQ+ 14% and Disabled 5.5%.

 

Recruitment to the role of wholetime apprentice firefighter was competitive and the Service continued to recruit using a fair, open and transparent recruitment process, appointing only those who performed the best.  Recruitment to wholetime apprentice firefighter was in addition to the other 129 recruitment episodes associated with grey and green book staff during the period. It was noted that during 2022 there had been an opportunity to commence re-engagement with communities on a face-to-face basis.

 

Workforce Strategies and Policies

The Service ensured its employment policies were Equality Impact Assessed to ensure that equality was considered transparently in the development and implementation of its policies.  The Service monitored the composition of its workforce.  It looked to promote equality of opportunity in recruitment, selection, pay, promotion, training, grievance and exit from employment.  There were a number of policies which supported employees with protected characteristics including: bullying and harassment, maternity, shared parental leave, grievance policy and the EDI policy.  During 2022, the harassment and bullying policy was updated to ensure that it more clearly identified the types of discrimination that those from the LGBTQ+ community might face.  The maternity, paternity and adoption provisions had been improved.  Due to the pandemic the Service had to work flexibly and a new flexible working policy incorporating hybrid working had been implemented.  The Code of Conduct had been updated incorporating the Code of Ethics and was currently subject to consultation with Trade Unions.  The Service was exploring how it could support members of staff who were neurodivergent and a new policy had been developed explaining neurodiversity and the support available. 

 

Engagement and Consultation

The Service engaged with staff in a range of different ways.  The Staff Survey had become an effective way of receiving feedback from staff and, further to that feedback, Heads of Departments used the information received to inform the development of local policies and communication.  Employee Voice Groups were a useful mechanism for consulting with staff and receiving feedback from staff of under-represented groups.  A new group to support members of staff who were neurodivergent had been established.

 

The Engine House was successful and the “Shout Up” section allowed for staff to discuss and share their views on a range of topics.  Teams meetings and visits to stations were utilised to receive feedback from staff.

 

An Emergency Cover Review was progressing for 2022/2023.  A comprehensive communication and staff engagement plan and robust equality impact assessment process was being undertaken to ensure that members of staff were fully consulted and the implications from an equality perspective were fully understood.  

 

Consultation with the Trade Unions took place through formal and informal consultation meetings, the Service now recognised the Fire and Rescue Service Association (FRSA) and the Fire Officers Association (FOA) for the purposes of collective bargaining.  Workforce and employment-related decisions and documents were reviewed with trade union representatives and other members of staff from within LFRS.

 

Performance Management

The Annual Service Plan detailed the activities undertaken in year to deliver the strategy set out in the Community Risk Management Plan.  All staff had a performance appraisal where objectives were set which supported the delivery of plans and feedback was given on performance in relation to our values. Within the appraisal was the opportunity to have a career conversation, a useful tool to inform workforce planning.  During 2021, briefings to staff were delivered to ensure the promotion pathways available to staff were fully understood ensuring that talent was identified and nurtured.

 

Bullying and Harassment

The Service had a bullying and harassment procedure for dealing with employee complaints in relation to concerns relating to bullying, or behaviour.  Further to complaints, issues were fully investigated in accordance with the bullying and harassment procedure, or the disciplinary procedure depending on the clarity of the information available.  

 

Issues of concern for employees

The Service also had a grievance procedure which was the main procedure used for dealing with other employee concerns in relation to a broader range of issues other than misconduct.  The Service promoted the principle of encouraging employees to voice their concerns informally, encouraging line managers to “nip issues in the bud” and then adopt a more formal approach where issues remained unresolved, which had worked successfully.  This approach was supplemented by station visits by Senior Managers and a cross checking of matters being raised across the Service to identify any underlying themes of concern. 

 

The Service had reviewed its existing arrangements with a view to checking if these mechanisms were successful and the benefits of establishing formal arrangements for reporting informal issues was considered.  The review concluded that it could damage the principle of dealing with issues informally.  In addition, further to a recent review of the Capability Procedure, Trade Union representatives advised addressing issues informally and not recording them was of benefit in terms of encouraging employees and line managers to engage in informal feedback and learning to improve.  Currently it was proposed that the existing arrangements for recording grievances/issues of concern would remain the same subject to further feedback from members of staff.

 

Gender Pay Gap

The Service was required, under the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, to publish an annual Gender Pay Gap (GPG) report.  The Act required that organisations with 250 or more employees to report on their GPG using a snapshot date of 31 March 2022.  This information was required to be published on the LFRS and Government websites and measured the difference between hourly earnings of men and women.  It did not show differences in pay for comparable jobs.  Unequal pay for men and women was illegal.  The GPG compared hourly rates of pay and any bonuses staff may receive by gender, highlighting any areas of imbalance.  The causes of the GPG were complex and overlapping.  A higher proportion of women chose occupations that offered less financial reward, for example in administration.  Many sectors were disproportionately made up of male workers and a much higher proportion of women worked part-time and part-time workers earned less than their full-time counterparts on average. 

 

According to the Office for National Statistics (ONS) the Gender Pay Gap (GPG) nationally had been declining slowly over time and over the last decade it had fallen by approximately a quarter.  ONS data showed the UK average Gender Pay Gap continuing a downward trend, with the GPG among all employees in April 2021 being 15.4% from 14.9% in 2020, but still down from 17.4% in 2019.

 

On the snapshot date, 31 March 2022, LFRS employed 1139 members of staff.  A significantly higher proportion of men than women were employed in the Service.  The Service had a far larger volume of operational roles and currently those roles were more commonly occupied by men.  Women made up the larger proportion of staff in Support roles.

 

The mean (average) Gender Pay Gap was calculated by adding together the hourly pay rates of all female employees and dividing by the total number of females to create a mean (average).  This calculation was repeated for men and the difference in the two figures identified the Gender Pay Gap.   Using this calculation methodology across LFRS, the mean Gender Pay Gap was significantly different than the national average at -12.65%.  This positive difference meant that women on average earned £1.54 per hour more than men.

 

The inclusion of On-Call and dual contracted staff in the calculation significantly skewed the mean pay gap, due to the method of calculation and the payment arrangements for these groups.  On-Call staff received an enhanced retaining fee for providing hours of operational cover, in addition to receiving the standard turnouts, attendances and drill fees as prescribed by the national conditions of service.

 

To calculate the median Gender Pay Gap all employees were ranked by their hourly pay.  A comparison was undertaken to establish what a female, in the middle of the female pay range, received and what a male, in the middle of the male pay range, received.  The difference between these figures was the median pay gap. The median Gender Pay Gap at LFRS equated to 9.27%.  This meant that males earned £1.35 positive difference per hour than females.  A chart in the report gave an indication of how males and females were distributed across the Service and the salary quartile banding.  The pay quartiles were created by ranking each employee in order, from lowest earning (lower quartile) to highest earning (upper) quartile.

 

There was a high proportion of male employees employed on the National Joint Council (NJC) for Local Authority Fire and Rescue Service terms and conditions (known commonly as the ‘Grey Book’), which attracted additional allowances that were not available to staff conditioned to the NJC for Local Government Service (‘Green Book’) support staff, the majority of which were female.  These additional allowances increased Grey Book average earnings and moved this staff group to the lower middle quartile, as demonstrated in a table in the report.

 

Through an analysis of the quartile distribution by occupational group it was evident that all the employees in the lower quartile were On-Call staff.  This group of staff equated to 25% of the employee population, 24% of which were male.

 

Most female part time support staff were found in the lower-middle quartile, with fewer in the upper middle and upper quartiles.  This could be reflective of the family friendly nature of LFRS policies, whereby staff were afforded benefits such as agile working, flexible working and part time working to fit around family commitments. 

 

The proportion of females in the upper-middle and upper quartile was reasonably reflective of the overall proportion of females within LFRS.  The upper-middle quartile was predominantly male, but this was where most staff undertaking the role of Firefighter could be found.  A high proportion of males undertake the role of Firefighter, so it was therefore unsurprising that this quartile was male dominated.

 

It was recognised that women were significantly under-represented in the operational workforce and consequently LFRS was committed to increasing the number of female firefighters.  This formed an important part of LFRS’s approach to EDI within the Service.  LFRS was undertaking positive action initiatives aimed at encouraging people from under-represented groups to apply for positions in the organisation.  Recruitment activity was locally monitored (including the levels of attraction and appointment) to identify problem areas to drive forward improvements.

 

In response to County Councillor O’Toole’s view that people doing the same job should have the same pay, the Head of Human Resources confirmed that people who carried out the same or similar jobs of equal value were paid the same.  She advised that for green book support staff roles a job evaluation scheme was in place.

 

County Councillor Sutcliffe queried whether the diverse work of the Service enabled better opportunities for under-represented groups.  The Head of Human Resources confirmed that career paths were addressed at educational roadshows and included those in support departments (ie: prevention, technical, policy development etc).

 

In response to a question raised by County Councillor S Rigby regarding any Member involvement in the grievance appeals process, the Head of Human Resources confirmed that staff would discuss any issues with their line manager in the first instance and if not satisfied then with the line manager’s manager; the Service’s Grievance Procedure did not include the involvement of Members.

 

RESOLVED: - That the Committee noted the report.