Select Committee on Business, Enterprise and Regulatory Reform Minutes of Evidence


Examination of Witnesses (Questions 120-139)

CBI, TUC

9 MAY 2007

  Q120  Mrs Curtis-Thomas: Yet the main platforms that are responsible for providing a link between the employers and education provision in this country are the Sector Skills Councils and I look to them and I challenge them on a regular basis about what they are doing to offer experience to women and young people. They tell me that without direct support from either CBI or business based organisations they are running into a brick wall of difficulty. They need the support. Can I hear from you again about how you articulate something that you say is a very important objective of the CBI in such a way that it works with those organisations that are charged with the job of delivering what your members want.

  Ms Anderson: My colleague has reminded me that Simon Bartley is actually the Chair of SummitSkills and he is a CBI member and he sits on our Education and Training Committee, so we are involved.

  Q121  Mrs Curtis-Thomas: He is not sitting there as a CBI member though, is he?

  Ms Anderson: No, he would not be. It is not the role of the CBI—we do not have the staff—to sit on every Sector Skills Council. You say there are 12 good ones; there are 24 in all and even the DfES recognise that not all are very good and that is why Leitch has suggested that they do need to be relicensed. He has also suggested that they focus on their key task which is actually not about providing careers advice to young people in their sectors, it is about ensuring that the skills needs and gaps are identified and appropriate action taken to fill them. Leitch has suggested that they ought to focus particularly on the reform of qualifications which is something we entirely support.

  Q122  Mrs Curtis-Thomas: Could I ask you, Mrs Veale, about the role of the TUC in respect of the Sector Skills Councils?

  Ms Veale: Obviously in principle we would like to have a trade unionist on every single one.

  Q123  Mrs Curtis-Thomas: But there is not.

  Ms Veale: No there is not and I accept that and it something we are looking into. It is often a question of time. Trade unionists are often lay members who have very busy working commitments and if any of the activities take place during working hours they have to get permission and pay to get off and do other things. That excuses some of them. The trade union movement is not growing at the moment. Full time officers now have a wider and wider range of responsibilities that they have to undertake and it is invidious to try to rank things in terms of importance but it is for each affiliated union to decide within its limited resources what it is going to put its people onto. I take what you say and we will try to find out the exact areas where there is no representation from trade unions and see what we can do to try to stimulate more interest in that. I do very much take your point, we should not just preach goodness and light and then not actually make sure we have bodies in place to deliver the message and do the work.

  Q124  Mrs Curtis-Thomas: I think they are there, they are charged with the job and I think that matters very much to both the CBI and the TUC but without direct support it makes their positions extremely difficult. They also need the backing of those organisations in order to deliver their objectives.

  Ms Veale: We do give them backing, we train them. We have a whole section at the TUC which trains people and gets them ready for it and we do try to stimulate particularly women in trade unions to go onto these things. It is a slow process and all I can do is agree with you; we need to do better and we are trying to do better and to get people into these positions. It is not easy; it is a big challenge but I agree it is important.

  Q125  Chairman: Very briefly, because you have already touched on it, the TUC said the Quality Part Time Work Initiative was for you a really high priority and getting your high priority part time jobs is clearly a key factor (which is one reason why I am trying to keep my local tax office open) but you were also critical about the lack of funding. What does that mean your organisation is currently thinking about this Initiative? Does it mean that it is really not working properly at all? How would you like to see it develop into a wider programme and does that require more funding?

  Ms Veale: The trouble is that it is very limited funding and I think because it was done quickly companies who were already doing well put their hands up and said they could use some money to keep going with something they are already doing. If there had been a bit of a step back and perhaps there had been more active engagement with both of our organisations and other employers' bodies as well. I think we could have worked out a much more sophisticated targeted approach to this where we pick out particular areas and sectors where there is a real issue with part time work and nobody above a senior level is doing part time work at all and develop pilot projects which would have to be funded because you are talking about taking people away from the workforce, devising programmes with them and then going back into the workforce to get them running. These things are not cost free and need much more attention to detail and some much more careful shaping up of actual projects you could do. You could then show by example that it is possible to do all sorts of jobs part time. It is not quite so much of a horrendous challenge as people think it is. It is a key area though.

  Q126  Chairman: We have not lost the possibility of going back on that because clearly we are in a position where we can make recommendations.

  Ms Gill: We will recognise it as something that will happen over the longer term. We would need funding and we would need funding in particular areas where there is no culture of part time work. I think that is one of the problems. We have a lot of evidence that shows that women work part time because they need to and they will go into jobs where there is a lot of part time work often close to where they live because of caring responsibilities and so on. So they need part time work that is local to them and a recognition that more senior grades may be in areas that have not traditionally been occupied by them or where they are already occupied. We see it as something that would happen over a long period of time. It would need pilot projects. We have talked a bit about best practice and I think it is about putting a business case to employers. It requires a whole cultural shift in our attitudes to part time work. Certainly from the TUC perspective when we have looked at it with affiliates there is a sense of what jobs could be done part time and almost everyone sits there saying, "I wonder what jobs could be done part time?". I think this needs to be explored in much greater detail. If you are talking about it in the next five years or something it would require quite a bit of investment.

  Ms Veale: If you look at British Airways that is a very good example. They were actually taken to a tribunal over it which was unfortunate, but it was sheer timidity on the part of management: "We can't possibly have pilots working part time, there'll be crashes, it won't work" but actually when they sat down and thought about it it is a perfect industry for part time work but there is no adventurous approach to it. What you need to do with this initiative is to pick out those kinds of areas which culturally have become no-go areas for part time workers and say, "Why? Do it, here you are; get on with it, this is how you do it. Here's some money, you work with the union and devise some part time shift".

  Q127  Chairman: From the nodding of the heads do I presume the CBI regards it as equally important as the TUC?

  Ms Anderson: Yes, we could have usefully had a bigger fund and if we look at companies like Lloyds TSB for example where they have an on-line job share register maybe we could, with a bit more money, perhaps take that beyond individual companies or help other companies use the sectoral approach so we can put two women engineers in touch with each other so they can do job sharing. There are some imaginative ways in which we can build on what is there already. Asda has a part time manager scheme. People are developing these role models, as it were, but we can say that with a bit more money we can go out and make some approaches either on a sectoral basis because we know there is a particular problem or because we know there are a lot of women there who would like to work on a part time job sharing basis. With more money we could do a bit more.

  Q128  Mrs Curtis-Thomas: I am not very sure of my facts here but I understood that the progress in increasing the number of female directors of companies has stalled and there was some suggestion that it might have been reversed. You clearly know better than I so could you tell me what the situation is with women directors? Is the number increasing or has it stalled or is it in decline? If so, why? How do we overcome this sort of problem?

  Ms Anderson: I am aware that the statistics on women directors has recently been published but I am afraid I do not have it to hand. I agree with you that that is what it was suggesting but of course it is a one year result and I think they are looking at FTSE 250 so a few movements can actually make quite a big difference. I think we need not just to look at FTSE 100 or FTSE 250 directors, we need to look at what is happening elsewhere. If you look, for example, at the number of female managers again we have seen a lot of progress and that is not stalling. If you look at the statistics there I think we have gone from eight% female managers to 30% female managers. Obviously having female managers hopefully they will reach director level and the board. The other area where there are grounds for some optimism is among entrepreneurs. We are seeing more women. Maybe it is for a variety of reasons; maybe it is because they cannot get the work-life balance they want at work so they set up their own firms. I do not think we should look at the directors on boards which tend to focus on the very top echelons and where a few movements can actually alter the statistics quite considerably. If we look at managers and entrepreneurs we are seeing some much more positive signs of change there. I am happy to get the statistics for you.

  Q129  Mrs Curtis-Thomas: How long do we have to have women in good managerial jobs for before they become eligible for boards?

  Ms Anderson: Clearly you need to have the work experience that is going to fit you to be on a board. I agree it is not an area where we can be complacent but, as I say, the number of women who are setting up their own companies and therefore are chief executive, chairman of the board is growing. I think these companies have gone up from 18 to 30% over five years. That is a pretty good rate of progress but clearly we need to build on that.

  Ms Veale: I think one of the problems is the sort of clubbishness that still prevails at the very top of companies and the way you get onto the board is to appeal to the people who are currently on the board. The way that some exclusively male boards operate is "nudge, nudge, clubroom, that person is an okay chap". I think there is a blindness; they just do not think women are going to fit and that is loaded with all sorts of appalling cultural and sexist implications. There is a rather opaque approach to it. There is some kind of osmotic process by which people get onto these boards which is very mysterious and cloaked in secrecy. It is not open and I think that is one of the real problems with this and women just think there is no point. It is very unpleasant trying and being rejected and women do not want to go through with it. I can see why they are more tempted to go off and set up their own businesses; that is really getting round the problem rather than tackling it head on. I do not know what you do about it, whether through company law you take action to force boards to be more representative. You could do it, you could say that it is not acceptable, it is discrimination, there are no women on the board, no proportional number of BME that reflects the local population, no disabled people and it simply is not acceptable any more. This is presumably outside the remit of what you are looking at.

  Q130  Mrs Curtis-Thomas: Has there been any cultural shift with regard to promoting women to boards in the last ten years?

  Ms Gill: It depends on the company. Some companies have bought the business case for why you want women for example if they are trying to target women as their customers or they want to recruit more women to their organisation then they will have seen that this is worthwhile.

  Q131  Mrs Curtis-Thomas: Is there a business case for doing it?

  Ms Gill: There is a business case for it. I would say there is a moral case for it but there will be others out there in the wider world who do not see that moral case.

  Ms Anderson: If you look at our submission we are reporting on what is happening in respect of the Higgs and Tyson report. We talk about the setting up of women directors on boards which actually is many of the FTSE 100 companies themselves coming together to ensure that they are creating effective ways of encouraging people, as Sarah say, from under-represented groups themselves to move up. In our evidence we are giving quite a lot of good examples of where this is actually happening but I certainly agree that we need to make more progress.

  Q132  Roger Berry: Moving onto the legislative framework, you disagree strongly on equal pay reviews. Is there any realistic alternative?

  Ms Veale: I do not think there is because you are never going to identify a gender pay segregation problem or unequal pay where it is to do with sex discrimination until you have open and transparent processes whereby you can examine grading systems, pay structures, promotion opportunities and all the rest of it. We have had years and years and years of employers telling us that it will happen, they will do it, it is good practice and it is not happening enough. Congratulations to the ones that do do it. There is a gender public sector duty which gets near to requiring the public sector not quite to do pay audits but it is very process driven and it would be very hard for them to comply properly without doing some kind of auditing. If it is necessary in the public sector, why not in the private sector? It is going to hit the private sector through procurement initiatives so they are going to have to get used to it sooner or later. I think we will get there because I do not think you can do this without doing a proper analysis. I will come on later if you want me to to why that leads to difficulties with individual claims and all the rest of it, but there is no way that you can tackle sex discriminatory pay systems without exposing them. I think employers are going to have to come up with a position where they are required to do that in company reports or by whatever means. So yes, we differ on that.

  Ms Anderson: It pains me to disagree with you, Sarah, but it had to happen. This is an area where the Government set targets and the target was that 45% of larger firms should have completed an equal pay audit by 2008. I am pleased to say that we have already got there. According to our survey 58% of larger firms have already conducted an equal pay audit (larger firms are those that employ more than 5000 staff) and a further 14% were planning to do so. That 58% from our last Employment trends survey compares to 44% in 2004, so we are seeing firms conducting these equal pay audits. Whether they should be compulsory is another matter. We think we are getting to those firms that need to do it through good practice. We do not think the small firms need to go to the considerable expense of having a full equal pay audit. I think the interesting thing that emerges when firms have done these pay audits is that whilst half of them found a pay gap the pay gap was largely as a result of the fact that men tended to be in more senior positions and therefore they tended to have higher pay. That explained the headline equal pay gap which you will see on a firm by firm basis; it was not that women were paid less for doing the same job as a man, it reflected the reality of the labour market which is that men tend to be in more senior positions and are paid more. Some of the other issues that the pay audits exposed—this is sometimes the reason a firm does a pay audit—was that they had merging pay scales after a take over or merger so where you might have a unionised environment a different union negotiated a pay agreement for certain grades of staff for a new firm or the merger of a new firm and those obviously take some time to integrate. Firms will often red circle groups of employees because you cannot just raise everybody's pay up to the highest level. That can cause some problems where you have red circled people after a take-over or merger. Indeed, you may have agreed to do that with your trade union and hence some of the problems in the public sector that Sarah as alluded to earlier. Where companies have identified action they have taken action appropriately. They may have, for example, reviewed performance management systems or introduced diversity training or new pay structures. However, I have to say that in half the cases they did not discover any pay gap and therefore action was not appropriate. I think you just have to realise that equal pay audits of the sort that the EOC suggest are very labour and resource intensive and they do not in the majority of cases reveal that there is an equal pay problem. To suggest that this is going to be some sort of panacea for closing the pay gap, I do not think it will do that because the days when employers thought they could get away with paying their women less than their men are long gone.

  Q133  Roger Berry: What do you estimate is the cost of a small company doing an equal pay audit? I am a small company; like most members of Parliament I employ two or three people. I comply with all the equality legislation that is currently on the statute book as I am aware and I do not find it a burden whatsoever. What kind of burden in reality is doing an equal pay audit for a company employing ten people?

  Ms Anderson: If I could direct you to the EOC's equal pay tool kit, it is pretty comprehensive. You could say, "I've looked at the pay levels and I can't see any problems". Do you have to go through all the complexity of a pay audit to say that? That is not what we are saying. We are not saying that every single company, even if they only have three people employed, have to do this particular pay audit. Obviously the smaller a company is, the quicker and easier it is because you are not doing massive job evaluations.

  Ms Veale: The thing is, Susan, in a large company there is no substitute for doing a proper pay audit. It should be done as a matter of good practice. You say they are doing them and they are not identifying any serious sex discrimination problems, then good. Companies should do them and say, "We've done one, there are no serious sex discrimination problems, there are no sex discrimination problems" but you have this 42% on your own statistics of employers over a particular size who are not doing them. It is not good enough. They are undercutting good employers and sex discrimination in pay systems is illegal in this country. It is serious; they are breaking the law and it is not acceptable.

  Ms Anderson: We are not finding that it is at all as widespread as you are suggesting and therefore we do not think that equal pay audits are the solution; there are better ways of addressing the gender pay gap. You asked me about a medium sized firm, in our evidence we gave some of the examples of how much it did cost. For example, with a firm of 700 staff they had to pay £14,000 to an external consultant to come and do a pay audit. That is quite a lot of money if you only have 700 staff to discover you do not have a problem. Maybe you are going to say that that is money well spent but I have to say that when you are looking at your diversity issues then conducting a pay audit when you know you have done a simple analysis and there is no problem is it sensible to say you are going to spend £14,000 on a consultant to do the EOC—which is what will happen if we have legislation—recommended pay audit. You might be better off spending your time providing that resource to train managers, to think about some other positive action. There are better ways of spending your money than going through a tick box exercise of saying you have done an equal pay audit.

  Q134  Roger Berry: So that would be about £20 per employee.

  Ms Veale: I question your figures. With 700 we would do it for you for a quarter of that price.

  Roger Berry: This is on public record; this is progress.

  Chairman: We knew we would not get agreement on this issue and this is a good reason why we wanted you both here at the same time.

  Q135  Mrs Curtis-Thomas: You both say that public procurement is a very good vehicle to promote equality and diversity and that is absolutely splendid. I guess you can give me a number of good examples where public procurement has done exactly that.

  Ms Veale: I think it is working in London. If you look down the road at the GLA they are taking some very important initiatives on that and it is beginning to work. I do not have their information to hand.

  Chairman: We are asking them to come and see us.

  Q136  Mrs Curtis-Thomas: What about outside London, where we have major public procurement projects that are driving the diversity and equality agenda?

  Ms Anderson: If I am honest it is patchy.

  Q137  Mrs Curtis-Thomas: Do you have any examples?

  Ms Anderson: Yes, we do have examples. I am happy to send them to you; I do not actually have them to hand.

  Q138  Mrs Curtis-Thomas: I would like to see them.

  Ms Anderson: I am very happy to send them to you. What our members tell us is that what they will find is that they will be asked to bid on the basis that they have effective diversity policies—it may be on gender, it may be on race, it may be on disability—and they will spend a lot of time putting in a bid to demonstrate just how they are prepared to take very positive action. Then to their disappointment they find that whoever is doing the procurement just goes for the cheapest bid. That is very disappointing and of course it does nothing for this whole issue of diversity or the commitment to diversity if, having put in your bid, you know it has just gone to the lowest bidder who has not actually made any attempt to address the diversity agenda. That is a common complaint from our members.

  Q139  Mrs Curtis-Thomas: Is that public procurement in the local government sector or for major government departments.

  Ms Anderson: It is across the piece.


 
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