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News and updates from the team at WorkSmarter.

It’s International Women’s Day

What are you Doing to Create a Fairer Workplace?

Kathryn Webb
Kathryn Webb Worksmarter Team
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Inequality for women in the workplace is still a factor, even in 2024. 
 
According to the latest report from the World Economic Forum (WEF), statistics on women’s participation in the labour market show that:
 
  • Women make up 37.8% of the membership of boards.
  • 23% of women in employment are in part-time work, compared with 27.56% of men.
  • Women spend 12.65% of their time on unpaid domestic and care work, compared with 6.97% of time for men.

The Gender Pay Gap is Real 
Latest 2023 figures from the ONS reveal a 7.7% pay gap among full time employees and a 14.3% pay gap for all employees. 
 
With the gender pay gap at 14.3 per cent for all employees, the average woman must work 52 days (nearly two months) before she starts getting paid in comparison to the average man. At current rates, it’s estimated that this will take another 20 years to close
 
The same research shows that women aged between 50 and 59 have the highest pay gap (19.7%) and work the equivalent of 72 days for free, until Monday 11 March 2024. 
 
Reporting on earnings, the ONS data from April 2023 shows that the median weekly earnings for men were £666 and for women were £491. For just those in full-time work, the figures were £725 for men and £629 for women.

Invest in Women
International Women’s Day is celebrated annually on March 8th. First recognised by the UN in 1977, this year’s UN Women’s theme is: ‘Invest in women: Accelerate progress.’

In addition, ‘Inspire Inclusion’ is the annual theme set on the International Women’s Day website.
 
Women make up 51% of the UK population, with an estimated 15.66 million women aged 16 and over in employment. 
 
It’s no surprise that changes to employment law to make working life easier for women, due to the specific set of issues they may face from being female, are widely welcomed by forward thinking businesses who want to make the workplace a more welcoming and progressive environment.

Changes to HR Law
Several important changes to UK Employment law are being introduced this year. Some of these reforms are significant and seek to make the workplace fairer. While all employees will benefit, some changes will likely impact women more than men – particularly, reforms to Carer’s Leave, the extension of childcare, and new flexible working rules. 
 
New flexible working rules are due to come in from April 6th. You can read more about them here.

Avoiding Potential Discrimination
Requests to work from home or to work more flexibly, are commonly made by women returning to work after maternity leave as this can help them manage childcare arrangements and costs. 
 
Pregnancy and maternity is one of nine protected characteristics, as set out in the Equality Act 2010. This means that employers must not discriminate unlawfully against the employee in relation to any of these protected characteristics. 
 
While there is no hierarchy of protected characteristics in the Equality Act, employers will want to handle requests from maternity returners with sensitivity and care.
 
A recent employment tribunal decision saw a partial win for a solicitor in a maternity discrimination claim, over the way her then employer handled her return to work after maternity leave. A formal flexible working request was submitted and rejected by the employer. In a complex case, the tribunal ruled in favour of the claimant in respect of pension contributions and constructive dismissal but found for the employer on all other grounds.

Be Open to Flexible Options
Even if it’s genuinely not possible to accommodate the returning mother’s specific request due to one of 8 valid reasons and after consulting with her, it’s important to be open to other options as to how she might work flexibly. 
 
A refusal to allow part time work for a mother returning to work can amount to indirect sex discrimination. This is because women are statistically more likely than men to have greater childcare responsibilities and are therefore usually found to be disadvantaged by a requirement to work full time or under an inflexible shift pattern. 
 
The additional protection from discrimination provided by the Equality Act 2010 means the mother who’s returning to work may be able to make a Tribunal claim in certain circumstances.

If the employer agrees to the maternity returner’s flexible working request, they should keep the same terms and conditions as those that were had when they were full time. 

Retention and Support of Valuable Staff
At the other end of the work-life cycle, women become an even more valuable asset within the workplace - having built up many years of accumulated experience and skills.
 
Employers see significant benefits from attracting and retaining this cohort, and their support makes a considerable difference to older women’s ability to stay in work and progress their careers. 
 
However, menopause symptoms can have a significant impact on working women.

Workplace Impact
  • Research by the Fawcett Society found that 1 in 10 women surveyed who have worked during the menopause have left their jobs due to symptoms. Physical symptoms are wide ranging and can also affect wellbeing and mental health.
  • CIPD research found that two thirds (67%) of working women between the ages of 40 and 60 with experience of menopausal symptoms said they have had a mostly negative impact on them at work – being less able to concentrate, experiencing more stress and feeling physically less able to carry out work tasks. 
  • About 13 million women in the UK are going through or have been through the menopause, equivalent to a third of the female population.
  • Post-menopausal women represent the fastest-growing demographic in the workforce, with nearly 5 million women aged 50-64 in employment.

New Menopause Guidance
No organisation should be losing talent unnecessarily, due to staff experiencing menopause symptoms. 
 
With this in mind, the Equality and Human Rights Commission (EHRC) has issued new guidance on menopause in the workplace
 
This is designed to help employers support their female workforce who are going through the menopause and to understand their obligations under the Equality Act 2010, so that this distinct group are not discriminated against.  
 
The EHRC guidance clarifies employers’ legal obligations and signposts resources that offer ways to create a menopause-friendly workplace. 
 
Employers need to meet their legal responsibilities and consider how they might adapt their practices, but also enable women in this group to feel that they can still contribute to the workplace and benefit from work.

An Ongoing Process
Enterprising employers don’t just celebrate women on one day of the year, no matter how important that acknowledgement is. Motivated companies who are focused on growth will always be mindful that more work needs to be done to facilitate their female employees and ensure they’re not discriminated against simply due to their sex. 
 
Recruiting, developing and nurturing female talent as an ongoing and daily process will pay dividends in terms of balance, productivity and a positive company culture. 
 
Implementing effective policies such as upskilling, better work-life balance, hybrid working, flexible work options, a positive company culture and ensuring fair recruitment, will encourage more women applicants and help ensure long term retention and loyalty. 
 
At the end of the day, it’s a win-win for everyone.

WorkSmarter Can Help
Employers need to ensure compliance and avoid any potential pitfalls in all areas of employment and HR law, especially when there are changes. 
 
 
WorkSmarter's trusted team of experienced HR professionals are here to help you with advice and guidance you can rely on, easily understand, and apply to your business.
 
Whether it’s a quick check or something more complex, you get convenient, unlimited, affordable and bespoke HR advice and support when you need it, by phone or online. 

Contact us today, or save this link for when you need it. We’ll discuss your requirements and one of our friendly team will provide an individual, no-obligation quote.
 
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