The Employer’s Perspective
It is important to note that the Equal Opportunities form, which is frequently supplied with an application pack, is for Equal Opportunities monitoring purposes only and is not used as a part of the selection process.
It should be noted that in certain circumstances a person’s sex may be a genuine occupational requirement (GOR) for a job, in which case discrimination in recruitment, opportunities for promotion or training for such employment would not be unlawful. Taking account of the type of work or the context in which the work is carried out the employer must be able to show that there is a genuine need for a person of a particular sex. For example, the appointment of a woman doctor in an area with a large Muslim community.
Positive discrimination is generally unlawful other than for GORs. However, positive action is permissible in the following areas:
In the past few decades, women have made huge inroads into the labour market, shaking off assumptions that they should be ‘homemakers’ or part-time employees and taking their place alongside male colleagues. Studies suggest however, that these roles remain unequal in many respects. Women are under represented in top managerial positions – a survey in England (2001) revealed that less than 2% of the executive directors and just less than 9% of the non-executive directors in the sample were women. Three-quarters of working women are still found in just five occupational groups:
These are occupations that tend to be at the lower end of the pay spectrum.
The Equal Pay Act makes it unlawful for employers to offer different pay and conditions to men and women who are doing the same work. If it is applicable, an employee can lodge a claim at a tribunal whilst they are still in the job or up to six months after leaving. An equal pay questionnaire has been introduced to establish key facts at an early stage in the process and resolve disputes. The National Minimum Wage has also been of benefit to female workers, many of whom are low paid, to help balance the pay gap.
The Sex Discrimination Act (SDA) states that it is unlawful to make sex the grounds to treat anyone less favourably than others and prohibits the following:
It outlaws direct and indirect discrimination and victimisation. Direct sex discrimination is when one person is treated less favourably than another on the grounds of their sex. Indirect discrimination is less obvious. It can occur when an employer applies a requirement or policy, which appears to have nothing to do with gender but in practice has effects that disadvantage one sex. For example, a requirement for all applicants to be in excess of six feet tall would indirectly discriminate against women. To be considered discrimination it must be shown that the condition in question:
The Act covers any type of selection for employment from recruitment to a new position, promotion with an existing employer or a transfer to another position. If an employee feels they have been treated unfairly they can complain to a tribunal within three months of the incident.
The Employment Rights Act was introduced to help parents balance their working and family lives. It covers parents’ rights to request flexible working. Parents with a child under the age of six have the right to apply to work flexibly and employers have a duty to consider the request seriously. The Act does not provide an automatic right to work flexibly. It also provides that any dismissal for a pregnancy related reason is unlawful.
The most obvious area of gender inequality is the 19% pay gap that exists between male and female earnings. Women are paid less, regardless of whether they have the same degree, same qualifications and do the same job. Although the gender pay gap among graduates is slightly less at 15%, it is still an area of unlawful discrimination. However, in calculating the added value of taking a degree, parity is achieved with men benefiting by 14-23% in terms of increased salary and women by 16-26%. Despite this, because the baselines for male and female salaries differ, the advantages of taking a degree can never eradicate the gender gap. The Equal Opportunities Commission (EOC) is concerned that employers undervalue work when it is carried out by a woman and supports a number of employment tribunal cases each year that particularly demonstrate the seriousness of this problem.
There are many professions where men are in the minority, and where employers are taking action to redress the balance. These include primary school teaching and nursing. Equally, certain sectors have a harder time recruiting women than others do. For example, notwithstanding numerous campaigns at school and university level, the engineering and information technology industries in particular are lacking female graduates.
The EOC is encouraging firms to look at how they pay their staff to make sure that their schemes are fair and equitable. To this end, have you carried out a review of your pay systems? A claim for equal pay can be taken to the employment tribunal at any time while a person is in a job or within six months of leaving.
Employers have a legal responsibility to take reasonable steps to prevent unlawful discrimination. This responsibility should apply to recruitment, selection, training, promotion, dismissal and redundancy policies and practices. Although not a legal requirement a written equal opportunities policy shows a commitment to developing non-discriminatory personnel practices.
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