Equal Pay and the Gender Pay Gap

Emily Thornberry Excerpts

Wednesday 1st July 2015 Commons Chamber

[Emily Thornberry (Islington South and Finsbury) (Lab)]

The Secretary of State referred to alternative ways of dealing with the situation. When she conducts her review, will she take another look at the short-form questionnaire, which enables a woman who believes that she has been discriminated against to ask her employer for certain facts and figures before even going to a tribunal and taking legal action?

[Nicky Morgan]

The point of the review is to take account of questions of exactly that kind. It is being conducted by the Ministry of Justice, and I am sure that my hon. Friend the Under-Secretary of State for Women and Equalities and Family Justice, who is also a Minister in the MOJ, has heard what the hon. Lady has said.

Girls often do better than boys at school overall, but evidence shows that their subject choices have a direct impact on their future careers and earnings, and that that imbalance can feed directly into our labour market. A proportion of the gap is also due to differences in years of experience of full-time work, or the negative effect on wages of having previously worked part time or—as was mentioned earlier—having taken time out to look after a family. That highlights the important role that employers can play in supporting women in the middle phases of their working lives by providing effective talent management, facilitating access to affordable childcare, and championing flexible working.

We also know that the gender pay gap is higher for older women. For many of them one of the major challenges is keeping their skills updated, but for others the main challenge is the need to reduce their hours to accommodate increased responsibilities to care for children, grandchildren and ageing parents. Again, employers have a key role, namely to provide a supportive working environment that will enable them to get the best out of all their staff. That will include flexible working.

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[Emily Thornberry (Islington South and Finsbury) (Lab)]

Reference has been made to one of my predecessors, a Member of Parliament for Islington East. Perhaps, as the first woman to represent Islington South and Finsbury, I should point out that my constituency incorporates Islington East. There was a time in the 1930s, I must confess, when the good people of Islington East were so keen on women MPs that it once had a Tory representative—and she was a woman. Given what she was up to, it seems that she was not necessarily a traditional 1930s Tory: she was very interested in women’s equality.

Let me turn to more general matters. Those who will read the report of our debate may not fully appreciate this, but a large group of female Conservatives have been sitting together throughout, although not all of them have spoken. They have made one mistake, however, and I urge them to think about it. They are sitting on the wrong side of the Gangway. I am told that in 1997, when a large number of new Members arrived in the House, those who sat on the Government side of the Gangway were promoted, while those who sat on the other side were not. So girls, move over there so that you can get yourselves promoted. I am just trying to be helpful.

[Rebecca Pow]

I have been wondering what a traditional Conservative woman is.

[Emily Thornberry]

I do not think it would be a good idea for me to rise to that question. I have only 10 minutes, and I want to make some important points about equality, particularly women’s equality.

I think that, when the Equal Pay Act 1970 was passed, Barbara Castle was right to describe it as a

“historic advance in the struggle against discrimination in our society”.—[Official Report, 9 February 1970; Vol. 795, c. 914.]

Unfortunately, however, it has not stood the test of time. In those days, there was blatant and obvious discrimination between the sexes. It was easy for an individual woman to take her case to a tribunal, point to the man who sat at the desk next to hers and who she had realised was being paid more than her, and prove that she had been discriminated against; but time has moved on, and we now need legislation that is not simply reactive. We cannot rely on individual women to root out evidence of discrimination and take their cases to a tribunal. Besides, the process has never been more difficult, not only because tribunal law has become so complex—many cases continue for as long as seven years—but because tribunal fees are at such a level that it is no surprise that there has been a 79% drop in the number of equal pay claims. Those fees have rightly been described as a tax on justice.

However, there are more fundamental problems. I think that we need to look at a new type of legislation that has begun to be introduced and that can be very effective. Conservative Members had better take a deep breath, because I am about to mention the Human Rights Act, a proactive piece of legislation with a beating heart which could be moved to the centre of our constitution and ensure that work was done properly. Another proactive piece of legislation is the Bribery Act 2010. Under that Act, a company has to prove that it has structures in place to manage things in such a way that, if a person is bribing someone else, they are acting as a lone wolf and the company has done everything it can to stop it. It has resulted in a culture change in our companies, which is very much to be recommended.

A new equality Act could do the same thing. Our current Equality Act does not do that. It has failed to foresee the fragmentation of pay-setting, even within an organisation. It has the most ridiculous loopholes. For example, if I as a woman were to leave a job because I felt that I was not being paid properly and was being discriminated against, but I did not want to take the matter to a tribunal, and then I realised that, to make matters worse, I had been replaced by a man, who was not being discriminated against and was being paid more than me for doing the same work, I could not use that as evidence that I had been discriminated against. How crazy is that. We need to look again at some of these ridiculous loopholes.

It is to be applauded that we are looking further at pay transparency, but that is not in itself sufficient. The Equality Act is up for its five-year review. The Government have said that they are looking again at whether the Act has achieved its stated aims. The Under-Secretary of State for Women and Equalities and Family Justice has said that

“Parliament will consider this information before deciding whether to gather further evidence on how the Act is operating.”

However, it seems to me that we should introduce a new Bill. As Barbara Castle rightly said:

“I have no doubt that some employers will try it on…undoubtedly, pockets of discrimination will remain—unless women organise to put a stop to it.”—[Official Report, 9 February 1970; Vol. 795, c. 928.]

So let us do that. Let us organise and stop it.

A new Act should be proactive and not reactive. I strongly suggest that successful claims should trigger a mandatory company-wide audit, including proper job evaluation studies. That does not just mean listing what the women get paid, what the men get paid and what the different jobs are. We should be drilling down into companies and looking at what skills are being used, what the women are doing compared with the men, and seeing whether there is systemic discrimination in a company. It would be right for tribunals to be able to trigger that. It could be done before the case even gets to the tribunal, where there are negotiations before the case officially kicks off. However, it should also happen afterwards if a claim against an individual is upheld.

There should be a flipside to that. If a company has done a proper, deep and profound voluntary audit, that should be a prima facie defence against any equal pay claim. We need to do this by way of carrot and stick.

Other things need to be done. There has been a chilling effect on some negotiations because of widely publicised cases in which trade unions have negotiated with an employer to try to get rid of discrimination within a company and to introduce equal pay, only to find that many of the women feel that the settlement has not been sufficiently fair, and the trade union has ended up being sued itself. New legislation could include guidance so that everyone knows where they stand and where their settlement should end up when trade unions and employers negotiate. That again could be a prima facie defence against any equal pay claim.

At the moment, legislation is too complicated, and the tribunal process is too obscure, too difficult and takes too long. It seems to me that many people are running away from using our tribunals and any legal process to enforce equal pay. Good as it was at the time, it seems that the 1970 Act is not fit for the 21st century, and we need to look at it.

Not only should we have new codes of practice so that the parties know what is expected of them, but we need to streamline our tribunal process and bring in experienced, senior judges to adjudicate more complex claims—those cases where preliminary issues get appealed and go back to the tribunal, and then another preliminary issue is taken up and appealed. For that reason, these cases can take seven years. It is not right. The current process is not fit to do what we want it to do.

We should look again at introducing questionnaires. Why have the Government stopped the process whereby, if a woman makes a claim against a company, the company is supposed to answer a questionnaire to give proper information on the practices within the company? The Government said that they were cutting red tape. That is one way of looking at it, but another way is that they disempowered women from taking their equal pay cases to tribunals. If we are looking again at what we should do with tribunals, we should reintroduce the questionnaire. We can make it two pages if we are worried about it being red tape, but we must ensure that that short-form questionnaire includes important information such as, “Has the company been sued before? Have you done a proper audit? When did you last do a proper audit?” Women will know exactly where they stand before they begin the process of taking a case to a tribunal.

I have talked about the ridiculous loophole whereby if I am replaced by a man I cannot use that as prima facie evidence to show that I was discriminated against. I feel very strongly about this issue. I have written extensively on it. For those who are interested, I have written on “Comment is free”, there is a long article in the New Statesman, and those who are really techie can go to my website.

A new Act will not, of course, solve all the problems. We cannot have equality without proper flexible working. I say that as a mother of a precious daughter, but also of two precious boys. I want my boys to be fathers and to be able to look after me when I get old, and to be able to balance their work and family life, and for their family life to be as important to them as it will be, I hope, to my daughter. When we talk about women’s liberation, we must not leave the men behind, because this should be about the liberation of all of us. Flexible working is very important for us all.

We should also look at the fact that women tend to cluster in certain professions. We may have left the kitchen, but we have not gone very far. The majority of us still do things like cleaning and cooking, secretarial work, nursing and looking after children. Those are the main sorts of work we do, and, guess what, it is seen as women’s work and, guess what, it is not paid as well as men’s work. We have to look at that if we are serious about equal pay. The importance of proper careers advice for boys and girls has been mentioned, and understanding the careers available in STEM subjects is particularly important.

These are long-term goals. Right now we need a new equal pay Act. Let us be radical; let us not be afraid; let us get on with it.

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[Rebecca Pow]

That is why we need to get the economy moving to improve all those areas and why childcare support is so important in helping to top them up. That support is very much welcomed by all the women I speak to.

I welcome the introduction of 15 hours a week of state-funded early education for three and four-year-olds. Although I welcome that support, I know from speaking to a range of women in work that many of them are calling for it to be introduced when children are even younger, to enable those women who want to do so to get back to work sooner. I support my hon. Friend the Member for Portsmouth South (Mrs Drummond), who said that we must recognise those women and even fathers who want to stay at home to bring up their children, because nothing is more important than what we do for our children in bringing up the next generation.

[Emily Thornberry]

Of course, the hon. Lady is absolutely right: such decisions—whoever makes them on behalf of their family—should be in their family’s best interests. Some women may wish to work part time and take advantage of tax credits. The difficulty is that they need to work 16 hours a week to get tax credits. Is there not a problem therefore with offering only 15 hours childcare, particularly as children have to be dropped off and picked up again?

[Rebecca Pow]

The hon. Lady makes an exceedingly good point, and it is something that we should throw into the mix.

In my constituency, the gender pay gap is the lowest on record, due largely to the progress made during the last Government, because the economy in Taunton Deane has really improved. The disparity between men’s and women’s pay is relatively small at 11% and, with the actions being taken by this Government, is coming down all the time, which, of course, I welcome.

I am pleased that the Government are taking this issue seriously. I see some people shaking their heads. The figure is still too high, but I am confident that, with the measures that the Government are putting in place, the gender pay gap in my constituency and elsewhere will continue to come down, and I shall be pressing to ensure that that happens. I have an all-women political team, both in London and in Taunton, and they are of mixed ages—some older, like me—so we are addressing the issue that was raised earlier. Indeed, with the glorious flood of new, young—and not so young—female blood coming into the House, I am sure that we will all work on this very important issue together.