This equipment was donated by Thompsons solicitors Getting Equal: Implementing the Gender Equality...

This equipment was donated by Thompsons solicitors

Getting Equal: Implementing the Gender Equality Duty

Monday 14th May 2007

http://www.thompsons.law.co.uk/index.htm

The Gender Equality Duty and Employment

Barbara Limon

Gender Equality Duty Manager

Institute of Employment Rights GED Monday 14th May 2007

To cover…

• Overview of the duty• What public authorities must do, and • What it means in practice• What will EOC/CEHR be looking for


• Majority of public sector workforce female – but largely run by men– 73% senior civil service, 79% council CEOs

• Public sector pay gap smaller – but still significant:• GB: 17% per hour full time and 38% per hour

part time• Public: 14% full time and 33% part time


Public Sector Pay Gap


How GED should help

•Before:–Reliance on individuals taking action–Remedies are individual too–Slow, complex and cumbersome

•After:–Puts onus on institutions to act and to act strategically

The gender duty is all about…


•Speeding up progress•Outcomes, outcomes, outcomes•Policies and services, not just employment•Men as well as women•Trans people – for employment, FE & HE issues for now, for goods and services after Dec 07•Prioritisation: relevance and proportionality = big issue, big action•An enforceable call to action

The general duty


• Equality Act amended SDA to place a statutory obligation on all public authorities, when carrying out their functions, to have due regard to the need to:– eliminate unlawful discrimination and

harassment– promote equality of opportunity between men

and women

The general duty

• Public authorities: “any person who has functions of a public nature”– No definitive list of public authorities– Also applies to private and voluntary sector

bodies carrying out functions of a public nature

• Functions: policy-making; service provision; employment; procurement


The specific duties are

• Set and implement gender equality objectives, published in a scheme and action plan

• Consider setting gender pay gap objectives• In order to set those objectives:

– gather and use information on how your work affects gender equality

– consult relevant stakeholders

• Gender impact assessment of all policies and practices – new and existing

• Report annually and review every three yearsInstitute of Employment Rights GED Monday 14th May 2007

Meeting the general duty

• To eliminate discrimination and harassment and promote equality of opportunity – Includes discrimination on grounds of gender

reassignment – Includes harassment– Includes discrimination unlawful under EqPA – EOC

Code of Practice/EPR most effective

Proactive, not reactive


Meeting the general duty

• Data collection; analysis; impact assessment;action; monitoring to inform further action

• Workforce, union involvement; agreed timescales• Proportionality – prioritising action that will address most

significant gender inequalities• Not necessarily about number of people affected but

seriousness/extent of discrimination or inequality

Proactive, not reactive


Meeting the specific duties

• When considering objectives need to:– ‘consider the need to have objectives that

address the causes of any differences between the pay of men and women that are related to their sex’

– Assess impact of policies and practice on men and women


Pay duty

• Seems vague, BUT• Information + consultation with staff and unions

+ duty to consider pay objective = if you have a staff pay gap, you will need to set and implement a pay objective

• Code of Practice requires you to justify any decision not to set a pay objective in your scheme

• Covers all the causes of the pay gap


Causes of the gender pay gap

• Discrimination: Pay discrimination; Pregnancy discrimination

• Impact of caring; Lack of flexible/part time working

• Occupational Segregation:Horizontal and vertical


Employment practices: gender pay gap

• Find out if you have a gender pay gap & identify the causes

• Risk of non- compliance if insufficient evidence gathered

• Consult employees & trade unions• Duty to take account of any other information it

considers relevant eg existing collective agreements such as 2004 single status


Some myths and misconceptions

• GED makes it easier to lodge equal pay claims GED does not change how claims are lodged or argued GED cannot be used as basis of ET claim

• GED will force private contractors to carry out equal pay reviews

Unlikely Contracting authorities can require contractors to comply with the Equal Pay Act

• GED changes what’s lawful and unlawful under the rest of the Sex Discrimination Act

This is not the case. Where single sex provision is lawful now, it remains lawful.


What EOC will be looking for

• EOC/CEHR will assess compliance on:– Quality of information– Involvement– Transparency– Proportionality– Effectiveness

Its not about the paper, its about the action


Enforcement

• General & specific duties are legally enforceable – General duty, through judicial review

– Both, through compliance notices by EOC/CEHR

– EOC/CEHR can apply to county court for order requiring authority to comply

• EOC enforcement powers will pass to CEHR from 1/10/07


Further Information

www.eoc.org.uk/genderduty


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