The theme of this year’s International Women’s Day (8 March 2020) is #EachForEqual, and where better place to start ensuring gender equality than in the workplace?
There are now more women in employment than ever but the reality is that women are still far from equal in the workplace. With the focus on equality, what are the main issues for women in the workplace?
The Gender Pay Gap
The gender pay gap is the difference between average hourly earnings for all men and women across an organisation. If a workforce has a particularly high gender pay gap, it can indicate a combination of internal and external factors to deal with, for example, fewer women in senior or highly paid roles, or more women in part-time jobs.
The gender pay gap is a separate issue to equal pay, which deals with the pay differences between men and women who carry out the same or similar jobs or work of equal value. Unequal pay is paying women less than men for the same work. This has been against the law since the Equal Pay Act was introduced in 1970.
The Equality and Human Rights Commission (EHRC) is responsible for enforcing gender pay gap reporting rules, and employers who fail to comply could face unlimited fines and convictions.
Since 2017, there has been an obligation on organisations with 250 or more employees to report their gender pay gap. These results must be published on the employers’ own website as well as a government site, which means that the organisation’s gender pay gap will be publicly available.
This has been a positive move in increasing awareness about the disparity between male and female pay in the workplace; reducing inequality and ensuring that women have the same opportunities for promotion and reward as their male counterparts.
However, as we approach the third year that UK organisations have been legally required to publish their gender pay gap, early figures show that of the financial and insurance firms reporting so far, the gap has risen to 23.1% from 22.2% two years ago – showing that more needs to be done.
An organisation’s pay gap affects the whole workforce, male and female, in terms of staff commitment, motivation and career decisions, and so will impact a company’s ability to retract and retain top talent. Employers that don’t take the issue seriously are already facing consequences in terms of both their reputation and employee engagement.
Sexual Harassment
Experiencing sexual harassment is one of the most difficult situations a person can face in the workplace. Recent high-profile testimonies and sharing of experiences on social media have highlighted sexual harassment in a range of workplaces, and the real barriers that many experience in reporting it.
Unfortunately, despite the recent #Timesup and #MeToo movements shining the spotlight on equality and abuse around the globe, and encouraging women to speak openly about sexual misconduct, sexual harassment still appears to be prevalent in the modern workplace.
A recent report published by the Trade Union Congress (TUC) found that two thirds of women, aged between 18 and 24, have experienced sexual harassment in the workplace.
Employers are responsible for ensuring that employees do not face harassment in their workplace. They have a legal obligation to take reasonable steps to protect their employees and will be legally liable if they fail to do so.
The EHRC has recently issued new guidance for preventing harassment and victimisation at work, shifting the burden from the employee to challenge inappropriate treatment, onto the employer to take tougher action to deal with the inappropriate conduct. This can include developing an anti-harassment policy, encouraging staff to communicate openly, training staff in how to deal with complaints and acting immediately when a complaint of harassment is made.
Maternity Discrimination and Flexible Working
One of the biggest challenges women face when trying to progress in their careers is the potential ramifications of choosing to start a family. Returning to work after maternity leave can be a daunting experience and employees can feel particularly vulnerable.
Under the Equality Act 2010, employees are protected against discrimination because of pregnancy or maternity, which means it is unlawful for an employer to treat an employee unfavourably because she is pregnant, or for a reason or illness related to her pregnancy.
Regardless of how long they have worked for their employer, all women are entitled to take up to 12 months’ maternity leave to assist them in recovering from pregnancy and childbirth and to care for their baby. Importantly, a mother has a legal right to return to her old job at the end of her maternity leave.
Women who have worked for their employer continuously for more than 26 weeks have the right to request flexible working. This covers a multitude of arrangements which might be put in place to assist an employee with their childcare or other caring responsibilities, such as working reduced hours, fewer days or as a job-share. An employer must agree to flexible working unless there is a legitimate business reason for doing so that is not unfair, unreasonable or discriminatory.
There are simple steps that an employer can take to consider the needs and wellbeing of the employee and the business during the pregnancy, maternity leave period and on the return to work. An employee who feels they have been treated well during their pregnancy and maternity is likely to be more loyal, engaged, flexible and productive.
To discuss any of the issues in this article, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.