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Social Media? Pah! All this technology is making us anti-social
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Gender Diversity The Social and Legal Trends Naeema Choudry Partner Eversheds LLP 11 March 2014
What will be covered Gender Diversity why it is important? The Current Social Landscape Women in the workplace Female representation at board level Global trends The Current Legal Landscape Flexible working Maternity leave What the future holds
Gender Diversity why it is important
Gender Diversity why it is important? Women now may up nearly 47% of the workforce in the UK. The number of women progressing to positions of leadership within business has increased, and will continue to increase, although barriers remain. Research is increasingly showing that gender diversity at board level has a direct impact on the bottom line - companies with more women on boards outperform their rivals.
Gender Diversity why it is important? Investors are now beginning to consider the gender make-up of the boards of companies they are considering investing in (Wall Street Journal). Globally, women control approximately $20 trillion in annual consumer spending (Harvard Business Review).
The Current Social Landscape
The Current Social Landscape Over the past 40 years the number of women in work has increased to the point that women now make up nearly 47% of the workforce, thereby creating a wider talent pool for employers to draw from. Two fifths of women work part time, although the number of men in part time work has also increased (partly or mainly due to the recession).
The Current Social Landscape There remains considerable differences between men and women in terms of pay and access to senior leadership positions both in the public and private sector. A recent OECD report ranks the UK 18 th out of 27 nations in women s participation in the labour market. Other countries have made greater progress in eliminating the gender pay gap, with the difference in the UK dropping from 26% in 2000 to 18% in 2012 slightly worse than the OECD average of 16%.
The Current Social Landscape A recent study by New York based head hunters, Green Park highlighted that out of 289 key executives in the FTSE100 who occupy the posts of Chairman, CEO and CFO, just a dozen are women. A survey of more than 500 men and women in 13 blue-chip companies conducted by the 30% Club showed that male executives were more likely to be seen as decisive and rational, while women were rated as well-organised and ethical to the detriment of their promotion chances.
The Current Social Landscape Whilst female representation on boards in general has increased (up to 19% in the UK by October 2013), the Green Park study also highlighted that the number of women and minority leaders feature disproportionately as non-executive board directors: as a consequence their true level of influence is far smaller than their numbers suggest.
The Current Social Landscape Outside of the UK, gender diversity at board level varies greatly across the world. Countries such as Norway and other Scandinavian countries demonstrate strong gender diversity on boards. Europe in general has seen the fastest rates of change in female representation and in 2012 Europe had 27.6% of companies with more than 3 female board members. By way of comparison, the same figures for Latin America was 2.4% and for North America, 18.7%.
The Current Social Landscape Many of these differences reflect local legislation, with many European governments having set mandatory or non-mandatory targets for female board representation. Example: in February 2002, Norway set a deadline by which private companies were to raise the proportion of women on their boards to 40%. Whilst the deadline of 2005 was missed, full compliance was achieved by 2009.
The Current Social Landscape In 2011, Lord Davies report Women on Boards concluded that UK businesses should aim for a non-mandatory target of 25% participation of women on boards. However, Lord Davies did state that whilst quotas for the UK were not recommended, government must reserve the right to introduce more prescriptive alternatives if the recommended business-led approach does not achieve significant change.
The Current Legal Landscape
The Current Legal Landscape The trend towards greater participation of women in the workforce, both in general and in positions of leadership is clear. Therefore, what legislation is in place that supports gender diversity, and what legal steps is the government currently taking or may take in the future to support it?
The Current Legal Landscape Protection against discrimination in the workplace on the basis of gender has long been in place in the UK, and continues to be refined and expanded upon, but what steps have been taken, or will be taken to support gender diversity in the workplace. The right to request flexible working has been in place in the UK since 2003. The aim was to facilitate the creation of a flexible workforce.
The Current Legal Landscape Currently, the right to request flexible working is limited to parents of children under 17 (under 18 if the child is disabled) and carers of certain adults. However, from April 2014, this right will be extended to all employees.
The Current Legal Landscape Currently any parent, with a child under 17...can ask for more flexible working patterns...in the Coalition Agreement, we committed to extending this right to all employees...giving everyone this new right will help drive a culture shift in the workplace...and it will be possible for other relatives, grandparents and even close family friends to change the way they work in order to help with childcare...ultimately this change is good for business: firms will be able to retain their best staff and it s food for our economy. A modern workforce is a flexible workforce too. Greater equality for a stronger economy: speech by the Deputy Prime Minister - November 2012
The Current Legal Landscape The new process for making flexible working requests will be introduced with a duty on employers to consider requests in a reasonable manner, within a reasonable period of time, supported by a statutory code of practice for employers on the meaning of a reasonable manner, allowing employers to develop their own processes and systems providing they meet the basic requirements for considering requests reasonably.
The Current Legal Landscape One key issue to gender diversity in the workforce is how to address maternity leave. The UK ranks last in Europe when it comes to giving new parents well paid leave following the birth of their child, and fifth lowest in offering the total number of weeks of paid leave to new parents (offering only 41 weeks less than half the 89 week European average).
The Current Legal Landscape A recent survey carried out by Mumsnet revealed that some 56% of working mothers believed that more legislation was needed to end a culture of discrimination against new mothers in the work place. According to the same survey, some 60% of survey participants who had returned to work after starting a family felt less employable since having a child and three-quarters said it was harder to progress in their career.
The Current Legal Landscape To help combat the traditional image that it will always be the mother that will take time off work to look after a new born, the government plans to introduce a Shared Parental Leave scheme in 2015 that will allow parents to share leave for a year after a child is born. The scheme has faced criticism, as by the government s own estimates, only between 2-8% of parents will take advantage of the scheme.
The Current Legal Landscape The TUC has claimed that the estimated low uptake will be due to the fact that shared parental leave will be at the level of statutory maternity leave and therefore, financially not viable for many families. In comparison, the TUC points to Norway where the proportion of men taking up a similar scheme saw leave increase from 4% to 89% since male entitlement was introduced. Key to its success, says the TUC, was that pay was set at 80-100% of a father s ordinary wage.
What the future holds
What the future holds The trend towards greater participation of women in the workforce and in positions of leadership will continue. Key to overcoming the challenges faced by women will be greater training, particularly in relation to identifying and addressing unconscious bias, especially in recruitment at board level as this is crucial to overcoming the low participation of women in positions of leadership.
What the future holds Greater flexible working this will be supported by improvements in technology that are already impacting on the way people work now. Remote working and a shift towards measuring output, as opposed to hours in the office, will facilitate women s advancement. Changes to maternity leave and flexible working will shift the focus away from women being the only group that is responsible for childcare. Increased uptake by men of flexible working will help reduce the impact of having a child on the career progression of women.
What the future holds Generational differences will continue to be a driver of change with members of Generation Y becoming the dominant employee group. This generation will expect a more gender-sensitive and people friendly working environment. If businesses fail to meet quotas, the government may well consider introducing a quota to ensure a more diverse board make up. Lord Davies next report is due in April and should indicate whether the UK is on course to meet his recommended voluntary target of 25% by 2015.
What the future holds In my view, employee commitment and customer loyalty in the 21st century will be increasingly be positively influenced by gender parity in key decision-making roles. Steve Almond, Executive Director of Deloitte
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