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Letter - Chief Minister to Gender Pay Gap Review Panel re update - 21 July 2021

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19-21 Broad Street | St Helier Jersey | JE2 4WE

Deputy Louise Doublet

Chair, Gender Pay Gap Review Panel

BY EMAIL

27 July 2021 Dear Chair,

Thank you for your letter, dated 10 May, and your most recent follow-up letter. As requested, please see the answers to your questions below.

  1. We note in the 2019 report the difference in the average (median) pay between all men and women in the workforce was 18.3% whereas the latest report  refers to the average (mean) pay between all men and women.

Our Gender Pay landing pages on gov.je for each report have a distinct focus in publication summary, median for 2019 and mean for 2020. The median figure is a more sensitive indicator which is likely to significantly change depending on the number of employees appointed within the year between reports whereas the mean is a balanced figure based on the average across the organisation that is less likely to significantly change. However, both Gender Pay reports provide the full details on the pay gap using the same parameters and a similar reporting format including data on both the mean and median. We have looked to the UK government reporting requirements as a baseline for our reporting and this includes both median and mean. Reporting both allows us to compare with other jurisdictions who report using both or one of these measures.

  1. How were the gender pay gap figures calculated?

In the public sector we used the UK Gender pay gap service methodology to calculate our pay gap this allows us to compare our results with organisation across the UK all reports are readily available on their site https://gender-pay-gap.service.gov.uk.

The median gender pay gap is calculated by identifying the hourly rate of pay at the midpoint of all full pay male employees to give the median male hourly pay rate and the hourly rate of pay at  the  midpoint  of  all  full  pay female  employees  to  give  the median female hourly pay rate.

The mean gender pay gap is calculated by adding up the hourly rate of pay of all full pay relevant employees and dividing this figure by the total number of those employees.

  1. Why is there a difference in the averages reported in the 2019 and 2020 reports? In 2019 it was decided that for our first Gender pay report the publication summary on the gov.je landing page would focus on the median, however, in 2020 the focus within the publication summary on the gov.je landing page was on the mean average which had reduced, for future publications the summary will reflect both median and mean Both the 2019 and 202) pay gap full reports published include data for both the median and mean.

The reason for the difference between the two years requires further investigation which we are undertaking.

  1. On page 8 of the report, why does the graphic only show the median and not the mean average?

The report is presented in a similar format to 2019 gender pay gap report to allow a comparison between years. We will consider reporting on the mean in the 2021 gender pay report.

  1. On page 12, the report mentions supporting flexible and agile working through reviewing and changing related policies and working practices. Please can you explain the term agile working'?

Agile or flexible working is about thinking of work as an activity rather than a place and considering how we can flexibly deliver that activity for the benefit of the customer, service and individual. Flexibility of work can be about three elements when, where and how much we work.

The Flex Positive project looks to identify a vision, principles, and action plan to improve the flexibility of work in the government which we will pilot in identified areas creating an environment where our people can work more flexibly. This allows us to provide access to work  for  a  wider  diversity  of  people  and more  opportunities for  individuals  with  care commitments to access work and progress in the organisation. This will help us address the pay gap by enabling our people to achieve a better work/home life and building and environment where flexibility is the norm rather than a benefit for some. Additionally, there will be flexibility through job share, career breaks, and flexible parental and carers leave. We will be implementing an enhanced offering of parental and carers leave from January 2022.

  1. Has the Government undertaken single-sex consultations with staff to investigate where the issues are?

The Government of Jersey has not conducted single-sex consultation to date, as our data provides an outline of the underlying causes of the gender pay gap which we intend to address through the strategy, organisational design, and the employment offer. We are also in the process of establishing employee engagement groups which will work closely with to discuss various matters including gender pay.

  1. Since the first gender pay gap report was published by the Government in 2019, do you think it has encouraged other organisations to be transparent about their gender pay gap?
  1. Are you aware of any local companies who have released gender pay gap data? We are aware that PwC produce an annual Work in Work Index which was released in March 2021.

Over the past few months Statistics Jersey have been exploring reporting on gender pay in our economy, as part of improvements in how they collect earnings information and produce official earnings statistics. This work has been discussed, but it is challenging and complex work, as it involves moving from official earnings statistics based on survey returns from employers, to using instead administrative sources such as income tax or social security returns.

  1. Has the government provided any assistance to private companies to aid in their calculations and reporting? If not are there any plans to introduce such support?

There is currently no plan to introduce assistance to private companies to aid in their calculations, however, we will consider this in further detail once Statistics Jersey have completed their work on exploring reporting on gender pay in our economy.

  1. What are your thoughts on introducing statutory measures to ensure gender pay gap figures are reported?

We have encouraged business to voluntarily report on gender pay, we appreciate that 2020 business were managing though a pandemic therefore, we are continuing to encourage businesses to voluntarily report on gender pay and if they do not publish gender gap data by the end of the year then the government will consider whether changes to legislation are appropriate.

Yours sincerely,

Senator John Le Fondré Chief Minister

Rec No.

Recommendation

Ministerial Response

Update Requested

Updated Provided

1

The Government of Jersey should take immediate action to close the gender pay gap.

recognised and understood that these issues will not be resolved overnight. It should be recognised that the issue is much broader than purely a governmental response and requires society in its entirety to be

overview of what the States of Jersey is doing to address the gender pay gap. Have the points made in this section of the report been incorporated into an action plan with timescales so that progress can be measured?

number of things we are leading corporately but departments also have separate initiative they lead to respond in their areas this is not collated into one plan. Progress is monitored by owning departments or groups.

2

collating, analysing and publishing data and evidence in relation to the public sector gender pay gap and

recommendations on how this can be done, after consultation with stakeholders. Target date was 31

Please advise whether this review has been completed and what the intended publication date is?

The 2020 report was reported late because the resources responsible for this report were diverted for much of 2020 to support the governments COVID response. We have since been able to reprioritise and do not expect any delay with the 2021 report which will be published later this year.

3

A public sector gender pay gap report should be published on an annual basis and at the same time every year, starting with a report by the end of 2020.

has already been taken, and it is presently proposed that the first report will be published late September/ early October this year.

published in October 2019 and the second which was published in April 2021. What are the reasons for the delay in publishing 2020 gender pay gap figures?

4

Action should be taken to reduce the gender pay gap and address any issues identified in the Government's report.

This is accepted in principle, but it needs to be recognised and understood that these issues will not be resolved overnight. Future policy initiatives should consider gender pay impact as a matter of course.

subsequent Gender Pay Gap Report) have been incorporated into new policy initiatives and action taken to make sure that gender pay issues are addressed in the same initiatives. Please indicate the work which has been/is

All actions being undertaken are outlined in the Gender pay gap report.

5

Publication of the public sector gender pay gap should be accompanied by a government publicity campaign. This would raise awareness and understanding of the gender pay gap.

It is good sense to align the report with a publicity awareness programme.

Target date October 2019.

Please could you provide details of the publicity campaign which accompanied the publication of the latest report and the ways in which the Government is raising awareness of the core issues?

prominent officers ministers undertook interviews on the subject of diversity on radio and television. In addition, we ran a session with the Diversity Network on diversity in the workplace. We also attended the IOD diversity event and formally signed up to their diversity pledge. In 2020 and 2021 we have moved our efforts to the Jersey Employers group which as a government we instigated. This group have been working with employers across the island to

6

The Minister for Education should undertake an audit of registered childcare providers, pre-schools and primary schools, to ensure gender neutral practices within the curriculum and the general culture and ethos. This is to challenge and work against the idea that "boys will be boys" and "girls will be girls". The audit should be undertaken by the end of 2020.

recommended, as our system of review looks at how children's needs and interests are followed and planned for. Our statutory requirements acknowledge that boys and girls could show an interest in any area of learning and be supported in it.

Improved data analysis will ensure that we are addressing any potential gender gaps overall, and within each area of learning. Girls continue to do better than boys by the end of the EYFS in all areas. Our focus is on ensuring that developmentally

Please indicate what improved data analysis has been carried out to address potential gender gaps in early years education and within each area of learning.

Please show how a gender sensitive approach to teaching is encouraged and resourced.

Status: Closed

The review process for registered early years providers and primary schools would acknowledge the importance of equality and diversity through its work on considering children's behaviour, welfare and personal development. Through curriculum resources, planned activities and access to positive and supportive learning environments within both the Foundation Stage and Key Stages 1and 2, children will understand and challenge non gender neutral practices.

7

The Minister for Education should undertake an audit of curriculum choices made by secondary schools and further education providers across the different subjects. The Minister should evaluate the ethos and culture in each school or college and the part the student voice plays in establishing that culture. The audit should be undertaken by the end of 2020.

Details of the curriculum choices and exam entries are monitored annually by the Department, and the outcomes are discussed with Senior Advisers of secondary schools if any concerns exist.

Jersey 8 provides a rigorous approach towards ensuring the curriculum offer is broad and balanced. Special schools will also focus on work-related learning to prepare students for life beyond school. Each secondary school is required to lay out their curriculum offer for parents on their website, and this includes the examinations offered.

The ethos, culture and student voice are monitored through the Jersey School Review Framework, where a random group of students are interviewed about all aspects of school life, and this includes their involvement in school development. Rigorous interviews are held with the headteacher and parents, and staff will also be surveyed from Autumn Term 2019 onwards.

All schools have been encouraged to have a School Council. Following recent Government plan meetings, the importance of student participation at all educational levels has been highlighted.

Was the department able to carry out the interviews detailed in the response given in late 2019 and into 2020? If yes, has this now been fed into the Jersey School Review Framework and what data has resulted? Is there, as yet, any understanding of how this has been affected by the impact of the pandemic on the curriculum and choices made by students?

Details of the curriculum choices and exam entries are monitored annually by the Department, and the outcomes are discussed with Senior Advisers (SAs) of secondary schools if any concerns exist. Jersey 8 provides a rigorous approach towards ensuring the curriculum offer is broad and balanced. Each secondary school is required to lay out their curriculum offer for parents on their website, and this includes the examinations offered. The ethos, culture and student voice are monitored through the Jersey School Review Framework, where a random group of students are interviewed about all aspects of school life, and this includes their involvement in school development. Rigorous interviews are held with the headteacher and parents, and staff have been surveyed from Autumn Term 2019. All schools have been encouraged to have a School Council. Following recent Government plan meetings, the importance of student participation at all educational levels has been highlighted.

Senior Advisers (SAs) continue to play a role in evaluating the ethos and culture of schools during the last few months when COVID has prevented other means of evaluation taking place. Where possible through Teams, schools have been keen to get students in secondary schools to share their views and to raise any issues with SAs. There are reports in some secondary schools where students have been fully consulted and their opinions borne in mind during decision-making. Jersey Youth Service is engaging in some consultation work and students in schools also contribute to

8

The Minister for Education should instruct the Curriculum Council to introduce measures to reduce gender segregation in subject choices.

chair the Curriculum Council.

The choices made for GCSE have shown that gender segregation' is not an issue for concern. Indeed, the options selected for each student's GCSEs are their choice; this is not a matter ordained by the Curriculum Council.

The Jersey Curriculum is just one element in the education of every child'.

Children have the right, spelled out in the UNCRC, to provision which enables them to develop their personalities, talents and abilities irrespective of ethnicity, culture or religion ... disabilities or gender.' As most schools are keen to promote the rights of the child as laid out in the UNCRC, this is an underlying principle of the Curriculum Council and its work with schools.

The Curriculum (which is an expectation in law) already states in the introduction:

Any updated data from the Jersey School Review Framework.

What has the Education team done in terms of curriculum development in the specific area of the significantly higher proportion of males than females who chose computing courses at Highlands College in 2018. If more males than females are in technology focussed roles, this could have a greater impact on the gender pay gap in Jersey.

What work has been done to further advance understanding of the social and cultural factors which influence children of all genders in their subject choices, and has a gender sensitive approach been taken in this regard?

Status: Rejected

The role of the Minister for Education is to chair the Curriculum Council. The choices made for GCSE have shown that gender segregation' is not an issue for concern. Indeed, options for each student's GCSEs are their choice; this is not a matter ordained by the Curriculum Council. The Jersey Curriculum is just one element in the education of every child'. Children have the right, spelled out in the UNCRC, to provision which enables them to develop their personalities, talents and abilities irrespective of ethnicity, culture or religion ... disabilities or gender.' As most schools are keen to promote the rights of the child as laid out in the UNCRC, this is an underlying principle of the Curriculum Council and its work with schools. The Curriculum (which is an expectation in law) already states in the introduction: Teachers should take account of their duties under equal opportunities legislation'. This includes consideration of gender, and as such, is promoted by the Council and

9

As part of the planned changes to recruitment practices within the public sector, name, age, gender and place of education should be removed from applicants' CVs to ensure that candidates most skilled for the role are recruited. These changes should be introduced by the States Employment Board by Q2 2020.

The principle of greater anonymity of candidates in the recruitment process is supported; however, the States Employment Board will be guided by the outcome of its current review by Officers of these matters. Target date December 2018.

Did the SEB and officers complete this review? Have all changes been implemented and since reviewed? How is the effectiveness of the changes made being measured?

the recruitment platform that is used across the GoJ. This is currently being reviewed as an update to the current system and also longer terms with the implementation of the GoJ ITS Programme. In the interim, recruitment guidance has been updated to ensure that at both CV sifting and interviews that at least one panel member is independent from the hiring department to provide a balance in the

10

The Government of Jersey, with the support of Statistics Jersey, should collect data on the economic value of work done in the home, including childcare, cooking, shopping, housework, odd jobs and gardening. This should be undertaken when measuring Gross Domestic Product and by calculating what it would cost to pay a domestic worker to do the work. Consideration should also be given to changing the term "economically inactive" in official reports when describing the above roles.

Statistics Jersey will need to consider how the recommendation could be achieved prior to the Government of Jersey accepting this. Target date June 2020.

Please advise on progress against the target date of June 2020.

Has a time-use survey been considered and budgeted for? If not could this possibility be explored and progress reported back to the panel.

Organisation (ILO) and OECD employment definitions, including the term 'economically inactive'. Statistics Jersey also follows international standards developed by the United Nations in their System of National Accounts in compiling estimates of output in the economy such as Gross Domestic Product which does not include monetary estimates for the value of production or work by households that is unpaid. These standards are also consistent with the European System of Accounts 2010 (ESA2010) that is applied in the European Union and the UK. Statistics Jersey is therefore not able to change either the scope of GDP nor the economically inactive descriptor. Some countries seek to recognise the value of this work and produce satellite accounts (e.g. the UK Household Satellite Account, which is produced every two years or so). These satellite accounts are resource intensive and often rely on carrying out complex and expensive Time-Use Surveys to estimate the amount of time spent on domestic activities through detailed household diaries.

11

A Head of Diversity should be appointed to monitor diversity, equality and inclusion within the public sector. The Head would be responsible for implementing relevant strategies and policies, suggesting new initiatives and employment practices to ensure a gender-neutral and gender-sensitive public sector. The role should be created within the existing workforce by the end of Q2 2020.

Rejected: Diversity and inclusion are not the responsibility of one role. All employees are accountable, and all Tier 1 and Tier 2 leaders have this accountability as part of their core responsibilities. The People Strategy will be developed and published later this year, and will include actions relating to diversity, equality and inclusion.

In the absence of the appointee recommended by the Panel, please provide access to the People Strategy or indicate when it is intended that this will be published.

In May 2019 the Government launched the I WILL' initiative as an initial action to inspire women into leadership and create supportive networks for women at all levels in the organisation.' What has the feedback been and how has change resulting from the initiative been recorded? What resources and support have been allocated to this initiative?

2021, and presentations on the strategy have been delivered to SEB, ELT and the Senior Manager Group. The P&CS TOM includes a role within the Talent team for a Diversity and Inclusion Consultant. Whilst the recruitment campaigns conducted during 2021 to appoint to this role have been unsuccessful, an on island specialist in Diversity and Inclusion has now been commissioned to help support our D&I strategy and policy work. The I WILL network group is supported with resources from P&CS and has made some notable achievements, including the introduction of the first

12

The Government of Jersey should deliver unconscious bias training and monitoring to all public sector employees. This should be delivered by the end of 2020.

Consideration to this recommendation needs further thought to establish how best to achieve the outcome desired. Finding 27 above refers.

Please indicate the areas in which unconscious bias training has been rolled out and any feedback received?

learning modules on Unconcious Bias as part of the offering available to all GoJ staff on the MyDevelopment portal. This training can be accessed at any time and via any device. The modules cover areas such as what is unconscious bias, definitions, types, workplace processes, individual practices, and it includes a 5 question knowledge check at the end as well as some tips to takeaway and some additional optional resources.

In addition to the above, unconscious bias is also covered explicitly within three of our Espresso Sessions (Diversity Inclusion & Belonging, Recruitment & Selection and

13

All Departments within the Government of Jersey should receive diversity training to raise awareness of diversity in the workplace. This should be delivered by end of 2020.

The People Strategy will be developed and published later this year, and will include actions relating to diversity, equality and inclusion. The Learning Strategy underpins the People Strategy, and this will include training related to diversity, equality and inclusion.

As for 11, above, and same question for the delivery of the Learning Strategy.

A two pronged approach has been made to deliver diversity awareness training. 1. Team Jersey has put in place Diversity, Inclusion and Belonging workshops, which also include reference to unconscious bias, and these are available for all staff to book and attend. 2. There are also Diversity and Inclusion essentials - 'bite size' espresso sessions available for managers to ensure that they understand the latest legislation and their requirements as

14

The Government of Jersey should explore voluntary measures, such as the 30% Club, which aims for greater gender balance in business. This work should be undertaken before the end of 2019.

Team Jersey has an action to create a taskforce of employers to focus on creating a positive workplace culture in Jersey, which includes developing talent and diversity. This will be included as part of the terms of reference for this forum. December 2019.

Has Team Jersey undertaken this work? Please detail any progress.

been formed see all details here https://www.gov.je/working/employmentrelations/pages/jerse yemployergroup.aspx

One of the priority workstreams of this group Diversity and Inclusion. JEG have developed a diversity and inclusion toolkit which is die to be published by the end of July, this