Credit Management September 2019

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HR MATTERS ROUNDUP Girl Power Gender Pay is very much in the public eye. What steps should employers take to address any disparity in female representation within their workforce? AUTHOR – Gareth Edwards UNDER the Gender Pay Gap Reporting Regulations, all public, private and charity sector organisations employing 250 or more employees are required to report annually on the average pay gap between their male and female employees. The average is calculated and reported: as a median, being the middle point between the top and bottom range of pay; and as a mean, being the total amount paid to male and female employees, divided by the number of people in each group. This is an annual obligation, with a reporting deadline of 30 March each year for public sector employers and 4 April each year for private companies and charities. There is an option to provide a written narrative alongside the published gender pay gap figures. This provides a valuable opportunity to put figures in context. Whether gender pay reporting encourages action within organisations to address a gender pay gap will only be seen over a period of time. There is a risk that the reporting obligation is seen simply as another annual compliance issue. For the 2018/2019 reporting year, 10,406 organisations should have published their reports but around 417 didn’t meet their date. The figures reveal that over 86 percent of those organisations pay men more on average than they pay women across their organisation. The reported gender pay data is not necessarily an indicator of pay inequality between men and women doing the same or a similar role within an organisation, but it could be an indicator of a wider issue of fewer women being employed in the highest paid positions compared with men. So aside from addressing pay disparity, what other proactive steps can an employer take to encourage women into roles within a business where they are currently a minority? POSITIVE ACTION V POSITIVE DISCRIMINATION The term ‘positive discrimination’ can be used in reference to treating one group of people more favourably, on the basis that they have a protected characteristic, compared to another group who do not have that characteristic. Under the Equality Act 2010, there are nine protected characteristics, these being age, sex, disability, pregnancy and maternity, gender reassignment, marriage and civil partnership, race, religion and sexual orientation. While the phrase is commonly used, positive discrimination on the grounds of a protected characteristic is unlawful (except in certain very limited situations). Positive action on the other hand, is lawful under the Equality Act 2010. This is the process of taking certain steps to assist groups who share a protected characteristic who are under-represented or disadvantaged in employment. There are two avenues of positive action – general positive action and positive action in recruitment and promotion. Positive action in recruitment and promotion enables an employer to lawfully give preferential treatment to one candidate with a protected characteristic over another who does not have that characteristic, where the two candidates are equally qualified. Such positive action will only be lawful where an employer reasonably thinks that women suffer a disadvantage connected to being female, or are disproportionality underrepresented in the workforce, and where the action taken is a proportionate means of enabling or encouraging women to overcome or minimise the disadvantage or to participate in the workforce. If the male candidate is more qualified for the position, this would be unlawful discrimination. It is important to note that a blanket policy of treating people with a shared protected characteristic more favourably than those who do not is not permitted. UNCONSCIOUS BIAS Another issue that can lead to a lack of representation of women or other minorities in senior positions frequently given to men is the issue of unconscious bias. In terms of recruitment, there is often a danger that an interviewer is unconsciously drawn to a candidate who shares characteristics with themselves. To help to combat this, employers should consider conducting recruitment processes with a panel of at least two people, ideally including people with different characteristics, backgrounds, or experiences to help to eliminate bias. Consideration should also be given to a business’ ‘family friendly’ policies that make it easier for women to join or re-join the workforce or progress within their careers. Other policies and practices to consider reviewing include homeworking, maternity, paternity and shared parental leave policies, programmes supporting women returning to work after a career break and training or initiatives such as targeted networking opportunities and mentoring opportunities to help women progress into senior roles. Gareth Edwards is a partner in the employment team at VWV. gedwards@ vwv.co.uk. The Recognised Standard / www.cicm.com / September 2019 / PAGE 50
CICM MEMBER EXCLUSIVE Your CICM lapel badge demonstrates your commitment to professionalism and best practice TAKE PRIDE IN WEARING YOUR BADGE If you haven’t received your badge contact: cicmmembership@cicm.com CICM SHEFFIELD AND DISTRICT BRANCH Inside the world of Insolvency Thursday, 5 September 2019 18:00-20:00 JOIN us for a unique insight into the world of insolvency as Auker Rhodes Business Advisors will be sharing with us their many years of experience within the industry and will guide us through just what we can do as a creditor when a customer’s business has failed. This will include candid views of current legislation, what is working and what isn’t, along with the criteria with which the Insolvency Service assess Directors’ conduct and why we don’t see as many disqualifications as we would expect. The evening will conclude with some case studies covering instances where assets had been put beyond the reach of creditors (or so they thought!) and some of the more unbelievable stories of Directors’ actions. In addition to networking, a Q&A session will give members and nonmembers the opportunity to seek assistance on any topical issues and your committee look forward to seeing you there. CPD 2 Venue Mercure Sheffield Park Hotel, S60 5BD Book Now Book online www.cicm.com/branches/ or email branches@cicm.com for more information call 01780 722900 The Recognised Standard / www.cicm.com / September 2019 / PAGE 51
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Credit Management September 2019

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