1. Getting Equal: Implementing the Gender Equality Duty
This equipment was donated by Thompsons solicitors
Getting Equal: Implementing the Gender Equality Duty
Monday 14th May 2007

2. Prof Aileen McColgan, King’s College London and Matrix Chambers
30 years on from the Sex Discrimination Act: the need for the Gender Equality Duty
Prof Aileen McColgan, King’s College London and Matrix Chambers
Institute of Employment Rights GED Monday 14th May 2007

3. The Legal Background the Equal Pay Act 1970
the Sex Discrimination Act 1975
individualistic approach
reactive, not proactive
costly, cumbersome and complex
Institute of Employment Rights GED Monday 14th May 2007

4. The Equal Pay Act 1970 early collective mechanisms short-lived
dismantlement of Wages Councils, Fair Wages Resolutions
inclusion of equal pay for work of equal value inadequate to assist part-time women workers
Institute of Employment Rights GED Monday 14th May 2007

5. Equal Pay? 1975 full-time women workers earned £0.70 in the male £
2005
this had increased to about £0.83
BUT
Part-time women workers earned £0.58 in the male £
this had increased to about £0.61
Institute of Employment Rights GED Monday 14th May 2007

6. Sex Equality?
Women comprise 20% of MPs, 11% university vice-chancellors, 25% top civil servants, 10% senior police officers and 9% senior judiciary
Girls outstrip boys at GCSE, A level and access to university but sex segregation and gender pay gaps persist
The income gap between men and women in 2003/2004 stood at 44%: women had an average income of £227 weekly to men’s £408
Institute of Employment Rights GED Monday 14th May 2007

7. The General Gender Equality Duty
Public Authorities must have “due regard” to the need-
To eliminate unlawful discrimination and harassment, and
To promote equality of opportunity between men and women.
Institute of Employment Rights GED Monday 14th May 2007

8. “Due Regard” proportionality relevance
the positive obligations apply to all functions: policy making, service provision, employment, enforcement, the exercise of discretion, decision-making
Institute of Employment Rights GED Monday 14th May 2007

9. The Specific Duties Public authorities are required to:
prepare and publish a GES showing how they will meet their duties and setting out their GE objectives;
in formulating these objectives, to consider the need for objectives addressing the causes of any gender pay gap;
gather and use information on how its policies and practices affect GE in the workforce and the delivery of services…
Institute of Employment Rights GED Monday 14th May 2007

10. The Specific Duties
... consult stakeholders and take account of relevant information in order to determine its gender equality objectives.
assess impact of current and proposed policies and practices on GE.
implement the actions set out in the GES within three years, report against the scheme every year and review it at least every three years.
Institute of Employment Rights GED Monday 14th May 2007