Select committee inquiry

Gender pay gap inquiry

Closed

Women and Equalities Committee · Opened 4 November 2015 · Closed 3 May 2017

8 recommendations · 37 conclusions
Inquiry on parliament.uk ↗

What the inquiry looked at

“The report highlights the lack of effective policy in many of the areas that contribute to the gender pay gap. It finds that the key causes of pay differentials are: the part-time pay penalty; women’s disproportionate responsibility for childcare and other forms of unpaid caring; and the concentration of women in highly feminised, low paid sectors like care, retail and cleaning. Although the Government has committed to eliminating the 19.2% pay gap within a generation, it has remained at around the same level for the past four years. Women aged over 40 are most affected by the gender pay gap, with women aged 50-59 facing a 27% differential. Evidence suggests that the barriers to well-paid work currently experienced by women over 40 will continue unless action is taken to address the root causes of the gender pay gap.”

The committee's words, from the inquiry page on parliament.uk ↗.

What it found

In the committee's words, from the summary of 2nd Report - Gender Pay Gap ↗

The UK’s gender pay gap of 19.2% represents a significant loss to productivity. Women are better educated and better qualified than ever before, yet their skills are not being fully utilised. Women over 40 are most affected. For those aged between 50 and 59 the gender pay gap currently stands at 27.3%. Yet the Government does not have a coherent strategy to address the issues underlying this gap and ensure younger women do not encounter the same difficulties as they age.

A large part of the gender pay gap is down to women’s concentration in part-time work. Many women are trapped in low paid, part-time work that doesn’t make use of their skills. This is partly due to women’s disproportionate responsibility for unpaid caring, but also because many of the sectors women work in, like retail and care, offer predominantly low-paid, part-time work. Old-fashioned approaches to flexibility in the workplace and a lack of support for those wishing to re-enter the labour market are also stopping employers from making the most of women’s talent and experience.

A wealth of evidence shows that this does not need to be the case. Leading employers are recognising that workplaces need to change. Flexible working for all lies at the heart of addressing the gender pay gap. This does not mean part-time work, which we know is underpaid and limits career progression. Flexible working is much broader and includes jobs shares, late starts, early finishes, term time working and working from home. The Government recognises the value of modernising the workplace, but is still not taking the steps needed to ensure flexible working is offered to all employees, particularly those in lower paid sectors. Moving to a culture where flexibility is the norm, and employees are judged on outcomes rather than presenteeism, offers a tremendous opportunity to tackle the gender pay gap.

However, as long as women continue to take the majority of responsibility for childcare and other forms of unpaid caring, pay differentials will persist. Women pay a high price for time taken out of work, and this disadvantage persists well beyond the years they spend caring. If men and women shared care equally this would not be the case. Investing in policies that support men to share childcare, and allow women to continue working, will reap financial benefits as well as reducing the gender pay gap. The Government recognises these benefits and made it clear that it wants to support parents to share care.

Unfortunately, the flagship policy in this area—shared parental leave—is predicted to make little difference to behaviour.

The Government has lofty ambitions to eliminate the pay gap in a generation. Yet we have found a lack of effective Government policy in many of the areas that contribute to the gap. Reporting regulations do not go far enough to make a real difference. Women who wish to return to work after a break are not being supported to do so—even in areas like teaching where staff shortages are well documented. Aside from increasing the National Minimum Wage, there has been no co-ordinated attempt to address the issues faced by the many women working in low paid sectors. Time after time Ministers responded to our questions by saying change would occur eventually, or through the actions of individual employers.

What the government said

The government responded on 21 February 2017.

Summary written by Accountability Index from the government's response.

The government welcomes the Committee's report and says tackling the gender pay gap is "an absolute priority", but its responses to individual recommendations vary from agreement to declining to take them forward.

  • On public sector leadership, it "firmly agrees" and says it will make separate regulations to extend gender pay gap reporting to public sector bodies.
  • It is "not currently attracted" to three months of paid paternal leave for second parents, citing cost and design reasons, and will "carefully consider" the proposal when it evaluates Shared Parental Leave and Pay.
  • On reporting regulations, it sets a threshold of employers with at least 250 employees rather than 150, and publishing separate figures for full-time and part-time workers "may not be useful" for some employers. It will "keep the operation of the regulations under review".
  • On flexible working, it will amend its guidance to clarify that employees can ask to increase as well as decrease their hours, and "will now explore options" for more communications activity, reporting back to the Committee "in due course".

How the inquiry ran

Each dot is a dated item listed on this page, from the inquiry's opening on 4 November 2015 to its close on 3 May 2017.

  1. Oral evidence 5 sessions
  2. Report 22 Mar 2016
  3. Government response 21 Feb 2017

What it recommended 8 recommendations · 37 conclusions

1Paying men and women differently for the same, or equivalent, roles has been illegal since...
Concluded (the committee's words)
Paying men and women differently for the same, or equivalent, roles has been illegal since 1975. Discrimination on the grounds of age or gender is also prohibited. There are clear legal remedies to both these issues. The question of whether employment tribunal fees are having an impact on workplace culture was raised during this inquiry. Our colleagues on the Justice Committee are currently investigating this issue. We await their findings on the appropriate levels of fees for employment tribunals with interest.
2The causes of the gender pay gap are complex and varied.
Concluded (the committee's words)
The causes of the gender pay gap are complex and varied. Direct discrimination plays a part in women’s lower wages, particularly for older women who entered the labour market on less equal terms to men and who may face dual discrimination on the grounds of age and gender. However, structural factors are the key cause of the gender pay gap. These include occupational segregation; the part-time pay penalty; women’s disproportionate responsibility for unpaid caring; and women’s concentration in low-paid, highly feminised sectors.
3We welcome Government action on better careers education for girls; increasing the number of women...
Concluded (the committee's words)
We welcome Government action on better careers education for girls; increasing the number of women on boards; and supporting more women into senior roles. However, not enough is being done in the following key areas: • Addressing the part-time pay penalty and flexible working • Supporting parents to share childcare equally • Supporting women back into the workforce after time out of the labour market • Tackling low pay in highly feminised sectors
4There is strong evidence of the economic and productivity benefits of tackling the gender pay...
Concluded (the committee's words)
There is strong evidence of the economic and productivity benefits of tackling the gender pay gap. The best organisations recognise this and are taking steps to offer flexible working and improve job design to attract and retain talent. However, the productivity case for reducing the gender pay gap has not been made strongly enough to all employers across the UK. The Government, business, trade bodies, unions and public sector organisations must work to move the discussion about the gender pay gap beyond one of equality, to one of economic necessity. Government must also take action to lead by this example, by ensuring tackling the causes of the gender pay gap is a priority for all public services.
5Flexible working is high on the list of priorities for millenials and employers are beginning...
Concluded (the committee's words)
Flexible working is high on the list of priorities for millenials and employers are beginning to recognise it can help them improve productivity as well as attract and retain talent. These changes to the workplace can be harnessed to reduce the gender pay gap.
6The lack of leadership shown by Ministers in addressing the question of flexible hiring is...
Concluded (the committee's words)
The lack of leadership shown by Ministers in addressing the question of flexible hiring is deeply disappointing. The benefits of flexibility are fully accepted by Government, yet policies encouraging employers to create more opportunities for flexible working are not forthcoming. By refusing to act, the Government is complicit in a system that is undermining productivity and perpetuating the gender pay gap.
7We welcome the Department for Education’s recognition of our findings on taking action to increase...
Concluded (the committee's words)
We welcome the Department for Education’s recognition of our findings on taking action to increase flexible working opportunities for teachers and increasing support for women returners. The measures they have announced are an important step in the right direction.
8There is clear evidence flexible working benefits the UK economy and individual employers.
Concluded (the committee's words)
There is clear evidence flexible working benefits the UK economy and individual employers. However, a culture of presenteeism and a lack of creative thinking about job design are hampering progress towards flexibility as the norm. Too few employers are considering the benefits of offering jobs as open to flexible working.
9The extension of the right to request flexible working to all employees does not deal...
Concluded (the committee's words)
The extension of the right to request flexible working to all employees does not deal with the problem of flexible hiring. Only 6% of well paid jobs are advertised as open to flexible working. This contributes to the gender pay gap by limiting women’s options and hampers productivity.
10Waiting for cultural change to increase the number of flexible jobs available will not help...
Concluded (the committee's words)
Waiting for cultural change to increase the number of flexible jobs available will not help the Government achieve its aim of reducing the gender pay gap. We need to ensure that all employers consider whether every job they advertise could be worked flexibly. This would tackle skill shortages as well as reducing the gender pay gap.
11Our key recommendation is that: • All jobs should be available to work flexibly unless...
Concluded (the committee's words)
Our key recommendation is that: • All jobs should be available to work flexibly unless an employer can demonstrate an immediate and continuing business case against doing so. The EHRC should update its guidance to employers explaining legal requirements to offer flexible work; the benefits of flexible hiring; and the potential risk of indirect discrimination if employers do not consider whether newly advertised roles and existing positions could be worked flexibly. EHRC guidance should make clear that flexible working is not just about part-time working but can include working remotely, adjusted hours and job-sharing, with examples and case studies on good practice.
12We also recommend that: • The Department for Education should monitor the impact of its...
Concluded (the committee's words)
We also recommend that: • The Department for Education should monitor the impact of its new policies on: the number of flexible working contracts issued; the number of women returners supported back into teaching; and the impact on the gender pay gap within teaching. This data should be published within a year of the policies being implemented. • The right to request flexible working should be amended to allow those working less than full-time hours to request the opportunity to work more. 84 Gender Pay Gap • The Department for Business Industry and Skills should immediately facilitate a campaign outlining the productivity and business benefits of flexible working and flexible hiring, sharing best practice within sectors.
13Supporting men and women to share childcare more equally can help to reduce the gender...
Concluded (the committee's words)
Supporting men and women to share childcare more equally can help to reduce the gender pay gap, and help organisations retain and recruit staff. Policies that can have a real impact on increasing men’s take-up of such leave are therefore likely to have a positive effect on productivity. Such policies are likely to find favour with parents, employers and taxpayers. By ensuring that non-transferrable paternal leave is offered in addition to current maternity leave, the problem of women not wishing to give up their maternity entitlement can be avoided.
14Improving levels of pay can go some way towards encouraging more men to take up...
Concluded (the committee's words)
Improving levels of pay can go some way towards encouraging more men to take up parental leave. Financial measures will not address the social and cultural context in which men and women make decisions about childcare and work. There is considerable scope for further research in this area to inform Government policy.
15We have seen clear evidence that the disproportionate share of unpaid caring taken on by...
Concluded (the committee's words)
We have seen clear evidence that the disproportionate share of unpaid caring taken on by women can adversely impact their earnings. However, women are not alone in facing these responsibilities. Many people will face periods in their lives when they juggle unpaid care with paid work. If the UK’s economy is to prosper more effective ways to balance the two must be found.
16We are disappointed that the only work the Government raised in the area of supporting...
Concluded (the committee's words)
We are disappointed that the only work the Government raised in the area of supporting carers was the nine pilot projects it has funded. Given that the scale of unpaid caring and its impact on both productivity and the gender pay gap. the Government needs to consider more comprehensive action as soon as possible.
17The evidence is clear that caring responsibilities are a significant barrier to women’s pay and...
Concluded (the committee's words)
The evidence is clear that caring responsibilities are a significant barrier to women’s pay and progression prospects. As long as women continue to take disproportionate responsibility for the care of children and other family members, the gender pay gap will persist.
18More equal sharing of childcare responsibilities can help to reduce the gender pay gap by...
Concluded (the committee's words)
More equal sharing of childcare responsibilities can help to reduce the gender pay gap by facilitating women’s return to the labour market and changing perceptions of men and women as being equally likely to take on caring responsibilities. Amongst younger couples in particular there is a strong desire to share parenting equally. Unfortunately, current policies are not doing enough to help men and women to achieve this goal.
19Low levels of pay for paternity and shared parental leave (SPL) are a significant barrier...
Concluded (the committee's words)
Low levels of pay for paternity and shared parental leave (SPL) are a significant barrier to men taking them up. Better pay and the option of part-time take up for SPL would improve fathers’ access to leave, particularly those from lower income groups. There is strong evidence for the effectiveness of non-transferrable paternal leave as a lever for encouraging shared care and reducing the gender pay gap.
20Balancing caring responsibilities with work is a growing problem for many workers, in particular women...
Recommended (the committee's words)
Balancing caring responsibilities with work is a growing problem for many workers, in particular women aged over 40. To achieve its policy objectives the Government must support employees with caring responsibilities to stay in work. Not only will this help to tackle the gender pay gap, it will also help organisations retain skilled workers in the face of high employment rates and low productivity.
21Our key recommendation is that: • If Government is to achieve its objective of reducing...
Recommended (the committee's words)
Our key recommendation is that: • If Government is to achieve its objective of reducing the gender pay gap it needs a more effective policy on shared parental leave (SPL). Current weaknesses can be addressed by three months paid paternal leave for second parents. This can only be taken when the mother returns to work and would be additional to current parental leave benefits. Payment of paternity leave should increase to 90% of salary (the same as maternity pay), capped for higher earners. The three months non-transferrable paternal leave would be paid at 90% of salary (capped) for four weeks and then at the same level as SPL. Eligibility for paternal leave would be the same as current entitlement to paternity leave. The Government should investigate the benefits of offering all forms of parental leave on a part- time basis.
22We also recommend that: • The Government should immediately move to bring in Carers’ Leave...
Recommended (the committee's words)
We also recommend that: • The Government should immediately move to bring in Carers’ Leave of six weeks to allow employees facing short-term care issues to take time out of work without losing their jobs. • The Government should commission research to examine how decisions about taking time out of work for caring are shared between men and women. The Government should use this evidence to support parents in considering the long-term implications of their decisions around the time they take parental leave.
23Many women who have left the labour market due to caring responsibilities, or for other...
Recommended (the committee's words)
Many women who have left the labour market due to caring responsibilities, or for other reasons, will need to return to paid employment. This may be because of pension shortfalls or changes in circumstances like divorce. Others will choose to return to work. In both cases, the skills and experience of this group of women can help improve UK productivity. The Government should therefore invest in supporting their smooth return to the labour market as a matter of urgency.
24We believe there is much greater scope for returnship schemes aimed at women working in...
Concluded (the committee's words)
We believe there is much greater scope for returnship schemes aimed at women working in a range of occupations. As Close the Gap point out, “there are a number of good practice examples in this area” which could be used to inform a wider roll out of similar initiatives
25There is clear Government support for the use of apprenticeships as a mechanism to help...
Concluded (the committee's words)
There is clear Government support for the use of apprenticeships as a mechanism to help women return to work. However, they will need to be better designed and branded to appeal to this group, particularly in terms of access. For women looking to increase their skills, or change occupation, apprenticeships could be a 86 Gender Pay Gap good solution. However, it should be remembered that many women returners will already have the skills and experience they need to function well in the job market and different measures are needed to help them
26Many of the solutions proposed to support women returners show evidence of previous success.
Concluded (the committee's words)
Many of the solutions proposed to support women returners show evidence of previous success. As such they need to be considered as part of a wider, national strategy on supporting women back into work.
27It is surprising that in sectors where the UK needs the skills and experience of...
Concluded (the committee's words)
It is surprising that in sectors where the UK needs the skills and experience of women who have left the workforce, more is not being done to help and encourage them back into work. Evidence suggests that it is not enough to hope that individual schools will reach out to women returners and facilitate their much needed re-entry into the profession.
28Our key recommendation is that: • The first task of the Government’s new ministerial group...
Concluded (the committee's words)
Our key recommendation is that: • The first task of the Government’s new ministerial group on the gender pay gap should be to create a National Pathways into Work scheme for harnessing the skills and experience of women over 40. This scheme would give women a clear entry point into a support system offering careers guidance; retraining where necessary; and information on local skills shortages and job opportunities.
29We also recommend that: • The Institute for Apprenticeships should immediately investigate how its forthcoming...
Concluded (the committee's words)
We also recommend that: • The Institute for Apprenticeships should immediately investigate how its forthcoming guidance and standards on apprenticeships can ensure that older workers looking to improve their skills, change career path or re-enter the workforce, are able to benefit from apprenticeship funding and submit its finding to us. This investigation must include looking at how apprenticeships can be branded to appeal to older workers. • The Department for Education should fund and co-ordinate a sector specific national scheme to support women returners back into teaching.
30Women over 40 are concentrated within highly feminised, low paid sectors.
Concluded (the committee's words)
Women over 40 are concentrated within highly feminised, low paid sectors. Their low pay and lack of progression play a significant part in the gender pay gap. There must be more focus and investment aimed at these low paid employees if the goal of reducing the gender pay gap is to be achieved.
31The lack of investment in raising the pay and productivity of women working in low...
Concluded (the committee's words)
The lack of investment in raising the pay and productivity of women working in low paid sectors is short-sighted. We welcome the forthcoming rise in the National Minimum Wage and recognise this will contribute towards reducing the gender pay gap. However, levels of productivity in low paid sectors need to be addressed. Taking action in this area will reduce the gender pay gap, improve the UK’s productivity and bring fiscal returns through reduced benefit payments and increased tax receipts.
32Some women in low paid jobs do not need further training or skills to get...
Concluded (the committee's words)
Some women in low paid jobs do not need further training or skills to get better paid employment. They simply need access to flexible work at the right skill level. There are projects that demonstrate that higher paid posts in sectors like retail can be worked flexibly.
33It is imperative that women in low paid occupations have access to training where it...
Concluded (the committee's words)
It is imperative that women in low paid occupations have access to training where it is needed to improve their opportunities to progress. There is a clear opportunity for more national, regional and local strategies to support this work.
34It is clear that improving skills in the care industry is essential to increasing productivity.
Concluded (the committee's words)
It is clear that improving skills in the care industry is essential to increasing productivity. However, the industry also suffers from significant market failures, a lack of investment and a lack of strategic thinking about how to address these problems. An industrial strategy for care, championed by BIS, would demonstrate the Government’s commitment to a joined up approach to the significant problems faced by the industry. This would drive efforts to improve the pay and productivity of 1.2 million low paid women working in the sector.
35There is significant scope for Local Enterprise Partnerships to address some of the issues faced...
Concluded (the committee's words)
There is significant scope for Local Enterprise Partnerships to address some of the issues faced by women in low paid sectors through brokerage services and investment in training.
36Our key recommendation is that: • The Department for Business and Skills should develop industrial...
Concluded (the committee's words)
Our key recommendation is that: • The Department for Business and Skills should develop industrial strategies for low paid highly feminised sectors, beginning with the care sector. This would bring together policies on training and skills; increasing productivity; the use of technology and innovation; regulation; and the role of LEPs.
37We also recommend that: • Local Enterprise Partnerships should include lower paid women employees as...
Recommended (the committee's words)
We also recommend that: • Local Enterprise Partnerships should include lower paid women employees as a key focus for their work. Government funding should be made available to help LEPs to pilot career ladder models which use brokers to help women access improved training and better paid flexible working opportunities. This could be included as one strand of the National Pathways into Work scheme we recommend in Chapter 6. • The Department for Business Innovation and Skills should set up an employers’ forum for organisations working within highly feminised, low paid sectors like retail, care and hospitality as part of its national campaign to promote flexible working. This would share best practice in flexible job design and career progression within these low paid sectors.
38The evidence is clear that women over 40 and those working part-time experience the most...
Concluded (the committee's words)
The evidence is clear that women over 40 and those working part-time experience the most pronounced gender pay gap. Breaking down gender pay gap statistics by age and part-time status will help organisations to understand and address any issues faced by women in these groups.
39If gender pay gap reporting is to have any impact it must help employers understand...
Concluded (the committee's words)
If gender pay gap reporting is to have any impact it must help employers understand why pay gaps exist and lead to action to address these problems. It must be seen as the beginning of a process rather than the culmination of a tick box exercise.
40The current threshold of 250 employees only covers 34% of the workforce and excludes smaller...
Concluded (the committee's words)
The current threshold of 250 employees only covers 34% of the workforce and excludes smaller organisations which have larger gender pay gaps. It is also inconsistent with the Public Sector Equality duty which applies to organisations with 150 employees. There is international evidence that, with support, smaller organisations can be helped to produce and understand their gender pay gaps.
41Equal pay audits can be a useful tool for organisations to analyse the relative positions...
Concluded (the committee's words)
Equal pay audits can be a useful tool for organisations to analyse the relative positions of men and women. They can also be costly and time consuming so we would not recommend them being mandatory. However, expertise that exists around equal pay audits could be successfully be used by organisations looking for ways to take action on their gender pay gap.
42Equal Pay Questionnaires are a simple and cost effective way for employees to gather information...
Concluded (the committee's words)
Equal Pay Questionnaires are a simple and cost effective way for employees to gather information about whether they are being paid fairly. As such they have potential to add to the Government’s aim of increasing pay transparency.
43The Government should amend its draft reporting regulations so that gender pay gap data is...
Recommended (the committee's words)
The Government should amend its draft reporting regulations so that gender pay gap data is broken down by age and also part-time status.
44The Government should include all organisations with 150 employees or more within the gender pay...
Recommended (the committee's words)
The Government should include all organisations with 150 employees or more within the gender pay gap reporting regulations. Within two years of the regulations commencing, organisations with more than 50 employees should be included.
45We also suggest that the Government should produce a strategy for ensuring employers use gender...
Recommended (the committee's words)
We also suggest that the Government should produce a strategy for ensuring employers use gender pay gap reporting as a first step for taking action rather than an end in itself. This strategy should be published a year before the regulations commence.

Evidence

Oral evidence sessions 5