Gender equality duty
From April 2007 a new Gender Equality Duty (GED) was placed on all public bodies, including local authorities.
In the light of decades of legislation and government guidance aimed at ensuring equality of opportunity, it might be reasonable to expect that by 2007 discrimination would have been largely eradicated. Yet with an overall pay gap between men and women that is still nearly 20% – and nearly 40% if comparing men in full-time employment with women in part-time employment – it is clear significant barriers remain in many workplaces.
Outside work, men are less likely than women to visit their GP, leading to lower overall health levels (and higher bills for the NHS) as conditions reach a more serious stage before detection or treatment. Education (where boys continue to achieve lower than girls) and transport (where planning is generally geared around commuting requirements rather than the childcare or shopping access often needed by women) are other obvious areas where theoretical equality of treatment has not led to equality of outcome.
This new thinking behind the GED will feel familiar to anyone working in children’s services. As with the Every Child Matters agenda, the focus is clearly on demonstrating outcomes, rather than measuring inputs. In the past, improving equality of opportunity has relied on individuals demonstrating they have suffered discrimination, while public bodies, forced into an often defensive role, have focused on seeking to demonstrate that people are treated the same. The fundamental aim of the gender equality duty is to compel all public bodies into considering how to deliver genuine equality in outcomes.
Implementing the new duty
In summary, the new law requires all public authorities in England, Wales and Scotland to demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment.
There are some differences between England, Scotland and Wales with respect to both the specific duties required, and the timetable.
In general, key requirements are to:
- prepare and publish a gender equality scheme, showing how it will meet its general and specific duties and setting out its gender equality objectives
- consider specific objectives to address the causes of any gender pay gap
- gather and use information on how both policies and practices affect gender equality in the workforce and in the delivery of services
- consult stakeholders – including unions, employees and service unions
- assess the impact of current and proposed policies and practices on gender equality
- implement actions within three years, unless it is unreasonable or impracticable to do so
- report against the gender equality scheme every year and review the scheme at least every three years.
Making it happen
In England each public body was required to produce their Gender Equality Scheme by the end of April (in Scotland the Scheme had to be produced by 29 June, while in Wales the details are still to be finalised).
For many Aspect members there will clearly be professional considerations involved, over time, in driving through these changes, supporting schools in ensuring the new Duty is implemented effectively in consultation with all stakeholders from governors to children to local communities.
As employees, too, the requirement to consult stakeholders including unions and employees means that your voices as Aspect members need to be heard. Indeed, now is the time to find out what is happening and ensure there is meaningful consultation which includes Aspect locally.
For further information visit The Gender Equality Duty website.