Women's Work and Gender Pay Gap in the UK: Does Equal Pay Legislation Suffice?
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This report analyses the impact of gender inequality on women's rights in the UK, evaluates the concept of gender inequality, and examines legislation at national and international levels that help curb the gender pay gap. It also discusses whether the equal pay legislative regime sufficiently protects women.
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Table of Contents INTRODUCTION...........................................................................................................................1 MAIN BODY...................................................................................................................................1 Task-................................................................................................................................................1 “Women’s work” and the gender pay gap in the UK. Do you think the equal pay legislative regime sufficiently protects women?......................................................................................1 Literature Review.............................................................................................................................1 To analyse the impact of gender inequality on the rights of women...............................................1 To evaluate the concept of gender inequality.........................................................................1 To determine the impact of the gender pay gap on the rights of women in the UK..............2 To examine the legislation at national and the international level which helps in curbing the gender pay gap in the UK.......................................................................................................4 Analysis............................................................................................................................................5 Conclusion.......................................................................................................................................6 Recommendations............................................................................................................................6 References:.......................................................................................................................................7
INTRODUCTION The law can be defined as the set of rules that are applicable on every citizen of the country. The basically maintains the peace and order in the society. It rules the conduct and the behaviour of the individuals. The law is framed by the authorised authority such as the parliament of the nation. The legislature is responsible to frame the laws for the country. Moreover, in the legislature the bills are passed and debates on the subject matter of the bills are executed in the legislative assembly. Then, after the discussion, the desired bill receives its accent from the queen of the country(Brower and James, 2020). Then the, bill is converted into the law. There are various types of laws such as thecriminal law and the civil law. These laws are equally applicable on both the men and women. This report would discuss about the gender pay gap in the country. The gender pay gap is the difference in paying the amount for the same work done by the male and the female in an organisation. This report would discuss about the reasons, published data and case laws related to the gender pay gap in United Kingdom. MAIN BODY Task- “Women’s work” and the gender pay gap in the UK. Do you think the equal pay legislative regime sufficiently protects women? Literature Review To analyse the impact of gender inequality on the rights of women. To evaluate the concept of gender inequality. As per theLaura Bates in 2022, the women was not allowed to work during the last few centuries in United Kingdom. But after the process of modernization, women were allowed to do work but they are not paid equally as compare to the man in the country. The gender pay gap can be defined as the differentiation in the amount to be paid to the male and the female in the organisation for the same work done by them. The work is very similar of both the man and the female but still the women are paid less as compare to the man in the country. There are various legislations that is being formulated to decrease the gender pay gap in the United Kingdom. One such regulation is the Equal Pay, 1967(Costa, Dias Joyce and Prodi, 2020). this act requires that 1
all the women who are working in an organisation must be paid equally with comparison for the payment made to the man in the organisation. This act mandates every employer to pay equally to both the man and women working in the institution. It also provides that the women must not be given very dangerous act which can be hazardous to health to work with in the organisation. This legislation has aided women in various field. The women must also be paid relevantly and adequate by the employer in all the condition. Moreover, it also provides that if the company is in the financial crisis, then also the women is to be paid adequately and equally in the organisation.Moreover, the right to the equal pay is applicable on all the types of set ups and positions in an arrangement. It includes the regular worker, part time worker, apprentice, permanent worker, trainee, etc. In addition to this, there is no situation that whether the worker has worked overall time or part time in an arrangement, the wage must be paid equally to both the male and female in the nation(Gibson, 2021). There are three basic types of equal pay work as explained under the law of the nation. Moreover,the equal pay is only applicable in the conditions under which the work done by the female is similar to the work done by the man. If the female proves this, then the equal pay is eligible in this condition. With reference to this, if the manger proves that the unequal treatment is done for any materialistic reason that has some relevancy in it, then the unequal traetment can be done by the employer of the company. To determine the impact of the gender pay gap on the rights of women in the UK. As per the authorSara Lascheverin 2021, the rights of the women are infringed by the difference in the pay to men and women in the organisation. The women are treated low as compare to the men in the country. This has provided that there is the ill treatment withthe women in the work sector. The fundamental rights of the women are being exploited as per the gender pay gap. The equality is the fundamental right of every citizen as per the constitution of UK.This fundamental right of equality is violated by the gender pay gap in t5eh country. In addition to this, the women area is unable to develop the desired skills in themselves as they have very less opportunity in the working sector. The gender pay gap also directly7 effects the financial status of the women. The financial status of the women is low as compare to the men in the country. This is because they are paid low with respect to what is p[aid to the man in the organisation. It has also resulted into the decrement in the literacy rate of the women in the country. Moreover, the women has resulted in decrease of the mental pressure and stress on the 2
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minds of the people. The World Bank Group too outlines the economic barriers at the workplace to the women. The case law ofCity of Edinburgh vWilkinsonexplains about the economic condition of the women at the work place with relate to their rights(Grout, 2020). As the laws are framed for the gender equality in the country, the women rights are protected under the various employment laws of UK. These employment laws includes the Equality Act, 2010 , Employment's Rights Act 1996, enc of United Kingdom. These acts protects the rights of the female employees of the company.The Equality Act, 2010 provides for the equal rights to all the employees of the company. This act provides that all the employees are equal in the eyes of the employer. There must be no discrimination made between the employees of the company. It is also required that these employees must on be discriminated on the basis of nine grounds. These nine grounds of discrimination as stated under this act is known as the protective characteristics. The nine grounds are the sexual orientation, maternity, pregnancy, race , caste, gender, nationality, etc. It provides that no employee could be treated unequally in the organisation on the basis of these nine characteristics. It also provides that the women are also paid equally as the amount paid to the men for the same work that is done under the same period of time by both of them. It also specifies that there must be equal opportunities to be offered to both the male and the female candidates who are eligible for that opportunity. This also provides that no extra benefit is to be given to some employee on the basis of discrimination with the other employees of the company. This act also states that there must be given equal treatment to all the employees of the company.The case law of Asda Stores Ltd v Brierly and others explains about the situation of equal treatment of worker in the organisation(Hussain Rizvi and Sheikh, 2021). The other act is the Minimum Wages Act, 1998 provides that the employer have to pay minimum salary or wage as per the regulations of the country. It is framed only to protect the wagers from their exploitation by the rich employers of the country. The rich employers used to take benefit of the helpless workers and pays less to the workers. So, in order to stop this, this act came into force by the legislature of UK. The minimum wage act has classified the wage in two major types. These two types are the National minimum wage and national living wage. The living wage is for the employees whose age is more than 23 years and the minimum wage is for the workers whose age is less than 23 years. These rates of the wages are set by the government on the yearly places. It changes on the regular basis every year by the parliament of the UK. 3
To examine the legislation at national and the international level which helps in curbing the gender pay gap in the UK. According toChristine L. Exley in 2021, areport of World Bank Group 2020 has showed that the situation of the women employees has been changed in the country. But, there is very lack of changes in the laws of the UK with respect to women working at the work place. It implies that more changes is to be done in the laws so as to formulate a better work environment for the female staff of the institution in UK. The gender pay gap has been given more attention from the last few years in UK. The legislation is to promote the empowerment of women in the work sector of the country. Moreover, in April 2018 a legislation was passed by the parliament of UK which states that it is compulsory for every employer to publish the gender pay gap report who employs and recruits more than 250 employees in its organisation. It is applicable on all the employers such as private, public or voluntary. This report is to be published public ally in the country on the annual basis by the employer of the company(Leythienne and Ronkowski, 2018). The negative aspects of gender gap can be seen as it has enabled the development of the country. The development can be seen as now both the man and women in the country are working with respect to equal pay. Now, the women can also financially help their families. They can also afford their personal and family expenses on their own if they are paid equally for the work done by them ion the institution. The gender pay gap report also requires six key points on which basis the report is to be formulated by the employer of the organisation. It also states that such report must be published and shown on the official website of the company.In addition to this, the report can also be published on the governmental site of UK(Meara Pastore and Webster, 2020). The case law ofBirmingham city Council v Abdullahexplains that the gender pay gap report does not get affected by the equal pay audit. Hence, the employer does not need to identify the department under which the women is working along with the post of the women. In addition to this, the manger is not needed to publish the narrative report in the organisation with respect to the gender pay gap as per the laws of the country. The publish report would give a detailed explanation on the gender gap in the respective organisation. The trade unions has always made the policies with relate to the gender pay gap in the UK. It has held various policies and campaigns with relate to this.Further more, the current TUC Equality Audit provide for some of the great examples of union political campaignwith respect to the collective bargaining to the 4
gender pay gap that is very thin in the state(Rainey and Melzer, 2021). The leader have already discussed with the policies and procedure for the manager which results into the gender pay gap is slandered in the organisation. On the contrary to this, the new Regulations must supply with more adjuvantinformation. The gender pay gap is the change in the mean pay gap between all males and the females at the work place of the institution. The gender pay gap that the majority of the people know about is the divergence in the mean unit of time earnings of woman and man for the full-time employees in the UK market. Moreover, the trade union movement has earlier used this average. On the contrary to this, the Office for National Statistics (ONS) use to grade higher to the median. TheFactory act, 1833 also laid the provisions with respect to the equal treatment to both the male and the female employees of the organisation. It also specifies the healthyconditionsthatshouldbeprovidedbytheemployertotheemployeesatthe workplace(Sánchez, Monedero Dencik and Edwards, 2020). Analysis The modifications in the working laws of the country has increased the involvement of the women at the workplace. The more involvement of the women in work has also resulted in the increment of the national economy of the United Kingdom in the past few years as per the reports. It too has increased the global economy of the world. Moreover, these legislations has the consequence that it hasdecreased the poverty rate in the country. This is because now the women are also earning by working at the workplace. Earlier to this, the majority of the women was dependent on the male members of the family such as husband, father or son. This has also operated in the sustainable manner by using every human resource in the efficient and best manner(Teixeira, et.al, 2020). This has also resulted in the increase in the literacy ratio of the country. This is because the people does not invest money in the education of the girl child because of the fact the mistreatment and unequal pay to the women in the working sector of the economy. But after the execution of this act, it has resulted into the increase in the literacy ratio and women working ratio in the country. The women now feel more confident about their work in the organisation.But there are also laws that discriminates the women at the workplace. These discriminatory laws hinders the growth and the development of the women in the country. Hence, it can be analysed that the present laws are sufficient to protect the women at the workplace. Moreover, the parliament can also enact new policies that with regard to decrease the gender pay gap in the working sector of the nation(Walkey, Brown and Martin, 2022). 5
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Conclusion The above report concludes about the status of the women in the working sector. This report concludes about the concept of the gender pay gap in the country. It also explains about the various legislations that are formed to reduce the gender gap in the country. The essay outlines the role of the Equality Act 2010 and the Equal pay gap of United Kingdom. This report also summarises that how the rights of the women are infringed by the inequality done at the work place. This report also provides the recommendations that would decrease the gender pay gap in the country.in every organisation that is being operated in the country. The report also concludes about the minimum wage that is to be given by every manger to every employee of the institution. This report also explains about the role of the employer while offering equal opportunities to both the male and the women working in the institution. This report would also conclude about the analysis that is done on the equal pay gap as per the present regulations of the country. Recommendations Therecommendationsthatismadebytheabovewrittendiscussionisthatthe government can frame new policies that would equalise the status of man and woman in the country. The government in order to achieve this can also do amendments in the present acts in order to reduce the gender pay gap in the country. The new laws must do selection on the basis of the qualifications and the eligibility of the employees irrespective of the status and the gender of the candidate for the specified jobs. The policies must be framed that would enhance the skills and opportunities for the female candidates in the working sector of the economy(Zoltán, 2020). 6
References: Books and Journals Brower, A. and James, A., 2020. Research performance and age explain less than half of the gender pay gap in New Zealand universities.PLoS One,15(1), p.e0226392. Costa Dias, M., Joyce, R. and Parodi, F., 2020. The gender pay gap in the UK: children and experience in work.Oxford Review of Economic Policy,36(4), pp.855-881. Gibson, C., 2021. The Legal Sector Is Yet to Deal With the Requirements of the Equality Act 2010.Sunderland Student Law Journal,2, pp.20-43. Grout, C., 2020. Discrimination and the Church of England: To What Extent does the Equality Act 2010 Adequately Protect Church of England Clergy?.Oxford Journal of Law and Religion,9(3), pp.463-507. Hussain, Z., Rizvi, L.J. and Sheikh, H., 2021. The Equality Act (2010)-pre-and post-pandemic historic development on equality and discrimination issues for employers: review of literature.International Journal of Law and Management. Leythienne, D. and Ronkowski, P., 2018.A decomposition of the unadjusted gender pay gap using Structure of Earnings Survey data. Luxembourg: Publications Office of the European Union. Meara, K., Pastore, F. and Webster, A., 2020. The gender pay gap in the USA: a matching study.Journal of Population Economics,33(1), pp.271-305. Rainey,A.andMelzer,S.M.,2021.Theorganizationalcontextofsupervisorybullying: Diversity/equity and work-family policies.Work and Occupations,48(3), pp.285-319. Sánchez-Monedero,J.,Dencik,L.andEdwards,L.,2020,January.Whatdoesitmean to'solve'the problem of discrimination in hiring? Social, technical and legal perspectives from the UK on automated hiring systems. InProceedings of the 2020 conference on fairness, accountability, and transparency(pp. 458-468). Teixeira, M.B.M., et.al , 2020. Women and work: film analysis of Most Beautiful Thing.Revista de Gestão. Walkey, C., Brown, P. and Martin, P., 2022. Breaking the Impasse: Rethinking Refugee Integration through the Equality Act 2010 in the United Kingdom.Social Policy and Society, pp.1-16. Zoltán, L., 2020. Correction to: Beyond Formal Access: Organizational Context, Working From Home, and Work–Family Conflict of Men and Women in European Workplaces.Social Indicators Research,151(2), pp.403-403. 7