Memorandum submitted by Amicus
INTRODUCTION
1.1. Amicus is the UK's second largest trade
union with 1.2 million members across the private and public sectors.
Our members work in a range of industries including manufacturing,
financial services, print, media, construction, not for profit
sectors, local government, education and the NHS.
1.2 We welcome that the Trade and Industry
Inquiry is examining the extent to which the Women and Work Report's
suggestions meet the concerns of those that gave evidence to the
Committee previously and what public bodies, employers and
trade unions are doing to implement the recommendations of the
Report.
2. EXECUTIVE
SUMMARY
2.1 Amicus welcomes the Women and Work Commission
Report, particularly in terms of recommendations on procurement,
training and up-dating women's skills. However, the Report is
weak on recommendations to improve legislation; the low value
attached to women's work; and levers that are required to close
the gender pay gap in the private and not-for-profits sectors.
2.2 In particular, we are disappointed that
the Report did not recommend compulsory equal pay audits for all
sectors. Equal pay audits are an important tool in identifying
and addressing, both pay discrimination and tackling occupational
segregation.
2.3 Equal pay and sex discrimination legislation
needs to be strengthened and the Report could have included more
recommendations for the Discrimination Law Review to consider
in the implementation of the Single Equality Act.
2.4 It is essential to have trained union
equality representatives who are backed by full statutory rights.
Without statutory backing many equality representatives will not
be given the time by employers to carry out their role effectively.
2.5 More could have been included in the
report to tackle the low value placed on women's work.
2.6 Two of our industrial sectors, the Finance
and the IT and Electronics sectors, have launched Charters to
address women's pay and opportunities.
2.7 All of our sectors have discussed, or
will be discussing the Women and Work Commission Report, with
the view to studying the recommendations and raising the issue
with employers.
2.8 We welcome the £5 million additional
funding for the Union Modernisation Fund to be used to train equality
representatives.
3. WOMEN AND
WORK COMMISSION
REPORT RECOMMENDATIONS
3.1 Amicus welcomed the Women and Work Commission
Report, particularly in terms of recommendations on procurement,
training and up-dating women's skills. However, the Report is
weak on recommendations to improve legislation; the low value
attached to women's work; and levers that are required to close
the gender pay gap in the private and not-for-profit sectors.
3.2 The equal pay act, sex discrimination
act and flexible working regulations need to be strengthened to
compel all employers to take action to address occupational segregation
and the gender pay gap.
3.3 In particular, Amicus was disappointed
that the Report did not recommend compulsory equal pay audits
for all sectors. The Women and Work Commission was given clear
evidence that the voluntary approach was not working by trade
unions and research commissioned by the EOC. Many employers in
the private and not-for-profit sectors will not carry out equal
pay audits unless they are compelled to by law. Equal pay audits
are an important tool in identifying and addressing, both pay
discrimination and occupational segregation within organisations.
They ensure that pay systems are both fair and transparent and
are key to tackling unfair pay differentials that are often as
a result of the under-valuing of women's work and skills.
3.4 Equal pay and sex discrimination legislation
needs to be strengthened and the Report could have included more
recommendations for the Discrimination Law Review to consider
in the implementation of the Single Equality Act. There should
be a positive duty to promote equality across all strands and
sectors; a requirement that all organisations take action on equality
and publicise this in their annual reports; that trade unions
should be able to take class actions on behalf of groups of members;
that organisations should have to take action as a result of tribunal
cases in both policy implementation and practice; and that there
is a right to be reinstated by the employer to the same job on
the same terms and conditions. All of these changes would take
the onus off the individual to bring an employment tribunal claim
if they are discriminated against and shift the focus to taking
action and collective bargaining in the workplace to alleviate
discrimination taking place in the first place.
3.5 It is welcomed that the Commission recommended
that the flexible working regulations should be extended to larger
groups of workers and that the Government will be extending the
regulations to carers in 2007. However, Amicus's position is that
the flexible working regulations should be extended to all workers
and that there should be a right to challenge an employer's refusal
to work flexibly in an employment tribunal. This would allow more
employees to work flexibly and play a key role in changing the
long-working hours' culture.
3.6 The £5 million additional funding
for the Union Modernisation Fund for capacity building to support
the training and development for equality representatives in the
public and private sector is welcomed. However, it is essential
to have trained union equality representatives who are backed
by full statutory rights. Without statutory backing many equality
representatives will not be granted the time needed by employers
to carry out their role. Equality representatives would be fully
trained and have the knowledge to promote equality in the workplace
and negotiate with employers to take action on equality issues,
including equal pay. They can play a key role in achieving a change
in practice and culture in the workplace. Amicus has already demonstrated
the importance of equality representatives with our Amicus Disability
Champions Project. We now have nearly 200 trained Disability Champions
promoting and negotiating on disability issues in the workplace.
3.7 More could have been included in the
recommendations to tackle the low value placed on women's work,
eg caring, retail and catering. We are supportive of the need
for the increase in the number of women working in the higher
paid occupations traditionally done by men which would go some
way to closing the gender pay gap.However, this is not enough
because firstly, there is evidence that if women move into traditional
male roles then the occupation becomes devalued. This happened
in clerical work and more recently in personnel and HR. Secondly,
women entering non-traditional jobs may suffer bullying, harassment
and isolation if there is no change in culture in the workplace.
Finally, even if women were to enter higher-paid occupations in
great numbers someone still has to carry out the lower paid jobs.
Amicus recommends that along withimprovements to legislation,
that the minimum wage should be increased to address this issue.
This would improve the income of many low-paid workers and
be of benefit to both the Government and the economy with higher
tax revenue and the increased spending power of workers.
3.8 There are some excellent recommendations
in the report for action to be taken by the Public sector including
equal pay audits, procurement and action to improve the opportunities
for part-time workers. However, the report states that "private
sector companies should consider the implications of the report
for how they operate in order to make the most difference to most
women" and is left to take action on a voluntary basis. As
stated previously many employers in the private and not-for-profit
sector will not take action on equal pay unless they are compelled
to by law. Many employers in these sectors do not take action
because they do not think they have a problem with equal pay.
Those that think they have a problem choose to ignore it as it
would cost their organisation money and resources to address it.
Amicus would reiterate that the strengthening of legislation is
key if progress is to be made in closing the gender pay gap.
4. AMICUS ACTION
ON THE
IMPLEMENTATION OF
THE WOMEN
AND WORK
COMMISSION REPORT
4.1 Two of our industrial sectors, the Finance
and the IT and Electronics Sectors, have launched Charters to
address women's pay and opportunities. These were launched at
our Sector Conferences and call on employers to sign a Charter
to take action on equal pay in partnership with Amicus. Copies
of the Charters are attached for your information.
4.2 All our sectors have discussed, or will
be discussing the Women and Work Commission Report, with the view
to studying the recommendations and raising the issue with employers.
Action that will be taken will vary from sector to sector. For
instance, the construction and engineering industries will need
to concentrate on attracting more women apprentices, employees,
training and skills to tackle the under-representation of women
in their industries. In the finance sector women make up 50% of
the workforce, but are concentrated in the lower graded jobs,
so skills are not such a big issue. In this sector action needs
to be taken in the workplace on the long hours' culture, discrimination
and equality training for staff.
4.3 It is our aim that all negotiating representatives
should also be trained on equality in order that equality is central
to collective bargaining in Amicus. This will bring about real
change in policy, practice and culture in the workplace which
will improve equality at work and the working lives for our members.
4.4 Our union learning representatives and
centres are already playing an important role in improving the
skills of our members. The learning agenda is at the heart of
Amicus's work with both members and employers. We also work
with the Sector Skills Councils to ensure that our members our
properly represented in this area, including the importance of
equality. There are excellent recommendations in the Report for
women to up-date their skills which will help us in both negotiating
and training on skills for women. It is important that trade unions
are fully involved by the Government, Sector Skills Councils,
Regional Development Authorities and employers in the learning
and skills agenda for women and all strands of equality. We are
currently drafting a document on equality and skills to aid our
work in this area.
19 June 2006
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