Introduction
Background
The phrase glass ceiling is considered a metaphor that has been extensively used to refer to invisible barriers that have been established against a particular demographic, mainly female employees, within the work environment to prevent them from occupying certain positions in the organisation or advancing beyond a specified level in the organisational hierarchy. This situation is usually identified in organisations where the senior managers execute practices that prevent female workers from rising to executive-level and managerial positions in the company. In an attempt to remove the glass ceiling effect within the UK, Theresa May was instrumental in advocating for the right of women in organisational leadership positions to mitigate the cases of gender discrimination within the work setting. In a joint letter with Vince Cable in 2015, the Business Secretary, May, strived to initiate a solid case to ensure an increased representation of female employees in senior management positions. The campaign sought to achieve a minimum of twenty-five per cent representation of women in managerial positions among FTSE 350 companies. The present dissertation aimed to explore how the UK regulations and laws advocated for the removal of the glass ceiling effect within the workplace.
Statement of problem
Generally, many businesses and organisations have established a culture of appointing more men in senior management positions than their female counterparts. The present situation has contributed to massive discrimination among female employees despite their wealth of experience and expertise in the workplace. Similarly, the phenomenal situation has stifled the existence of a diversified workforce, a situation that operates to the detriment of female employees in society. Research indicates that organisations that have employed more women in senior management usually exhibit significant performance and profitability compared to less diversified organisations. Moreover, diversified business organisations experience significant customer confidence and employee management, enabling managers to manage risk effectively. The existing literature provides information on the strategies employed within the legal profession and the employment industry to minimise the cases of glass ceiling effect within the legal profession and employment industry to minimise the issues of glass ceiling effect in the workplace. However, the theory does not provide appropriate information on how the UK laws and regulations have been applied to minimise discrimination among women. The current Project shall therefore concentrate on addressing the existing research gap.
Research Aim
The primary objective of the present study was to explore and understand how UK laws and regulations have facilitated removing the glass ceiling effect among women within the workplace. The researcher, therefore, explored extensive literature on the subject to understand how the UK legislation contributed to minimising discrimination among women, especially in preventing them from accessing managerial positions at the workplace, receiving equal pay for equal work, and
Research Objectives
The study explored the existing laws, theories and regulations that mitigate the glass ceiling effect within the workplace. During the study, the researcher sought to evaluate the effectiveness of the UK laws and regulations in encouraging the removal of the glass ceiling effect among women within the organisational setting. After assessment of the significance and viability of the UK legal framework, the researcher conducted an extensive study to provide significant information that would guide future policymakers and practitioners on the strategies for reducing discrimination among women in the workplace and bridging the inherent gap in UK laws.
Research Questions
How have the UK regulations and laws influenced the removal of the glass ceiling effect on women in the workplace?
Significance of the Study
The present study is significant for various stakeholders such as lawyers, business owners, and women because it would provide relevant information on how the UK’s legal provisions have facilitated removing the glass ceiling effect in the workplace. The current study’s findings shall contribute important information to the existing literature on how stakeholders can use the laws and regulations in the future to address cases of discrimination among women within the workplace. Additionally, the present study is significant because it provides information that would guide and regulate future policies and practices on the strategies to remove the glass ceiling effect. The study findings would provide significant information to employers on the essence of eradicating the glass ceiling effect and appreciate the significance of diversity within the workplace for ensuring improved employee performance for productive outcomes in the organisation.
Methodology of the Research
The current data was conducted using non-numerical data to facilitate exploring the legal mechanisms within the UK that have facilitated protecting of females and alleviating the glass ceiling practices within the workplace. The researcher used data from secondary sources, especially because interviews or surveys were inappropriate for the Project. Secondary data was significant for the present study because it provided ready information that has been researched and subjected to peer review. Subsequently, the investigator embraced the thematic method to analyse the relevant data obtained from peer-reviewed journal articles, books, grey literature, case laws and legislations to generate the study findings. The thematic analysis approach enabled the investigator to classify the extensive data obtained into groups or themes, facilitating the understanding of the researcher on the phenomenal subject. The researcher employed the exploratory research design to conduct investigations on the subject. An exploratory design is essential for studies where the phenomenal issue lacks sufficient information because of the limited investigation by previous researchers. The relevant design was appropriate for the present study because it enabled the researcher to explore the extensive literature on the phenomenal topic and facilitate addressing the relevant issues, including the research objectives and the study question.
Dissertation Structure
The primary aim of the present dissertation was to explore the existing theory and literature to understand how the UK laws and regulations encouraged minimising the glass ceiling effect among women within the workplace. The introduction chapter provided background information on the topic and the problem statement that exposes the problem in society and identifies the gap in research. The introduction also provided the study aim and objectives, including the research question, and highlighted the present study’s significance to various community stakeholders. The Project also provided subsequent chapters comprising thematic chapters on the study. The second chapter, among the thematic chapter, addresses the issue of the glass ceiling effect among women in the workplace, the third chapter focuses on the discrimination among women in the legal profession, and the fourth chapter addresses the disparities in compensation within the legal profession and flexible working hours. The Project finally provided the conclusions and recommendations that shall identify the essential findings and provide recommendations for future studies.
Chapter Two: The Glass Ceiling Effect among Women in the Workplace
The Origin of the Glass Ceiling
The phrase glass ceiling was initially coined by Marilyn Loden in 1978 when she was in New York addressing a panel of Women’s Exposition concerning women and leadership. When she was invited as a representative for her employer as the only employee within the executive position in her organisation to deliberate on how female employees contribute to establishing barriers that prevent them from getting promoted to senior positions in their careers. However, Loden purposed to address the historical issues that have been consistently ignored and contribute to preventing women from advancing to managerial positions in the organisation, referring to the problems as the ‘glass ceiling’. The concept has been popularised in different organisations across the globe, experiencing the prevention of women by invisible and informal barriers within the organisational setting from ascending to executive positions in the corporate ladder. Generally, there has been a significant variation in the equality gap in different countries across the globe, a situation usually influenced by cultural positions against minority groups and women form participation in significant activities within the workplace. Companies in the UK have established measures to address the inequality gap by focusing on strategies to promote inclusion and diversity within the organisational setting. The relevant strategies have included hiring human resources that are specifically tasked with ensuring that minority groups, including women in society, are fairly represented in executive positions within corporate entities and government institutions. This situation has therefore contributed to the formulation of organisational and government policies that eliminate the glass ceiling within the work environment and promote the appointment of female candidates that are qualified for managerial positions to influence the decision-making processes in the organisation.
UK laws on the Glass Ceiling Effect
The sex Discrimination Act of 1975 is the UK legislation enacted to address the cases of gender discrimination in society and promote equality and inclusivity within the workplace.This legislation was significant among female employees in the UK because it advocated for equality among the genders and avoided cases of sex discrimination in the compensation of employees and the provision of opportunities at the workplace.The Act provides for establishing a commission to oversee the minimisation of discrimination and promote equality between men and women within the UK community. Notably, the legislation was instrumental in addressing inequality within the workplace, especially the formal and informal strategies within the organisational environment to discriminate against female employees. However, female employees are still struggling to receive promotions into the managerial provisions despite the existence of legislation that was enacted almost four decades ago. The Sex Discrimination Act of 1975 was subsequently repealed by the legislation of the Equality Act 2010. The latter legislation was meant to provide a legal framework that operates towards the protection of individuals from various forms of discrimination at the workplace. The strategy employed by the UK legislators to replace all the laws concerning discrimination and establish a single Act of parliament played a significant role among the citizens because it enhanced the capability of citizens to understand the legal provisions concerning discrimination. The female and male employees concerned about the need to achieve gender equality, especially in addressing the strategies that stagnate the progress of the female workers, could employ the mechanisms supported by the legal UK framework to seek equal provision among both workers, including the representation of women in influential positions in the organisation. Besides, enacting the Equality Act of 2010 played a crucial role in strengthening the protection of vulnerable groups in various situations. The legislation also facilitated legal practitioners to identify different ways employers discriminate against their workers, especially the female gender, and provided solutions to mitigate such forms of discrimination.
The Hampton Alexander Review
The Hampton Alexander Review established a specified target to ensure that thirty-three per cent of the senior leadership and management positions, including board membership, would be occupied by female employees by 2020. The primary concern among the female leaders, including the male leaders that supported the inclusion of female employees within the leadership position to promote diversity and inclusivity, was the informal policies that consistently promoted the male employees to leadership positions and sidelined the female candidates despite their qualifications. The objective of the proponents of the present review was to alleviate the male domination of the organisational leadership positions at the expense of the experienced, competent and qualified women who could hold such positions and provide significant reforms to the organisations. The 2022 report reveals that within the FTSE 350 companies, twenty-five per cent of the organisations are on a continuous mission to promote the realisation of gender-diverse leadership and boards and create inclusivity and fairness during the organisation’s decision-making process.
The initial report from the FTSE Leaders Review was made public, highlighting its primary agenda as the need to enhance gender balance and equality in the FTSE leadership. The report also revealed female leaders’ inherent progress within the FTSE 350. It established new recommendations to mitigate the glass ceiling effect within corporate entities. The review was established to operate within five years through an independent evaluation to facilitate monitoring the nature and scope of female representation in the leadership and management positions in the FTSE 350 companies. After the publication of the final report that was conducted in the Hampton-Alexander Review, the FTSE Leaders Review was established in November 2021. Notably, the Hampton-Alexander Review was meant to realise a particular objective, especially in ensuring that women employees would be represented in thirty-three per cent of the relevant companies’ senior management and board positions before the end of 2020.
The 2022 report provided in the FTSE leaders review indicates that the organisations within the FTSE 350 are making progress in the objective that seeks to achieve leadership and board representation that fairly comprises and represents both genders within the work setting. The information tabled in the report reveals eighty-five companies among the FTSE 100 corporations have attained the thirty-three per cent targets of the female employees that have been promoted to board positions. Moreover, forty-four of the companies has already achieved the established target of thirty-three per cent of female employees that have been established in leadership positions within the organisations. Also, as revealed by the report, 193 corporations within the FTSE 250 companies have already attained the target established for women in board positions, and sixty-five of the corporations have achieved the target for women in leadership. The latter mechanisms provide a significant account of the progress realised from the Hampton Alexander Review to mitigate the glass ceiling effect and provide equitable representation between male and female employees in the work setting.
K and Ors vs Tesco Stores Ltd
Generally, the problem of the glass ceiling effect among female workers has been a perennial problem. This case was significant because it promoted the realisation of equal pay for equal work between female and male employees at Tesco, a situation that sounded a signal to other employers that are implementing similar practices to change their organisational policies and initiate practices that facilitate addressing the inequality problems in the corporate setting. The case provides a significant platform that addresses the issue of equal claims within the workplace, especially to ensure that female and male employees are fairly and equally compensated for similar work and facilitate the alleviation of the glass ceiling effect in the organisational setting. The European Court of Justice (ECJ) case was a claim by female employees against one of the greatest Supermarkets in the UK, Tesco. The K and Ors vs Tesco Stores Ltd case involved about six thousand workers, including current and former company employees, predominantly women shop floor workers at Tesco, who initiated the relevant proceedings in the employment tribunal against the supermarket. The workers filed the case because they were not receiving equal compensation with their male counterparts for equal duties and responsibilities they delivered to the company. The organisational leadership perpetrated unfair and informal discrimination policies for the responsibilities assigned to female and male employees in the warehouse and distribution centres in the supermarket. The female shop floor workers were compensated an amount of £3 per hour less than those working at the organisation’s distribution and warehouse division. The EU laws require that female and male employees working in an organisation ensure that conditions and compensations for the duties allocated should be established at a single source. Because the employees reserve to make comparisons for their pay, the relevant source is supposed to ensure that the payments provided for the employees for equal work are fair regardless of gender or race. The employing organisations should therefore discharge their mandate, especially in compensating their workers in line with the equal pay legal provisions. However, the Equality Act 2010 provides a more relevant and detailed assessment of similar contractual terms and conditions within the employer’s role. The legal representatives of Tesco argued that article 157 of the TFEU could not be relied upon because the complainants were operating at the shop floor but were claiming equal pay against colleagues working at the distribution and warehouse section of the supermarket. Tesco, therefore asserted that Article 157 is concerned with equal work; hence the present litigation was misplaced. The employment Tribunal decided to refer the dispute to the ECJ to seek the court’s opinion on whether Article 157 is applicable under the prevailing legal circumstances. The ECJ approved the application of the EU laws within the UK jurisdiction despite the withdrawal of the UK from the EU. The judges, therefore, declared that equal compensation provision was applicable in the Tesco case significantly because the pay conditions were evaluated from a single source before the workers made comparisons. The judgement implied that employees’ roles at the warehouse and distribution section could be compared to the duties and responsibilities at the supermarket’s shop floor. Therefore, this case provides an essential platform where the UK regulations facilitate alleviating workplace discrimination. The case of K and Ors vs Tesco Stores Ltd exhibits the legal hurdles that the female workers had to contend with to achieve equal compensation with their male colleagues. Most importantly, the relevant case identifies the UK and the EU legal framework established to minimise the instances of gender inequalities within the organisation and their effectiveness in ensuring that female employees are not discriminated against by their employers. For example, the case indicates the significance of the Equality Act 2010 and Article 157 of TFEU in alleviating the unfair compensation of Tesco employees. Similarly, the case exhibits how effective the existing legislations operate, especially in the robust interpretation of the EU and UK legislations to minimise discrimination of female workers at Tesco.
Asda Stores Ltd vs Brierley [2021]
Female workers have been facing unfair discrimination from their employers, despite establishing different legal mechanisms to alleviate the glass ceiling effect within the workplace. The case involves the dispute between the Asda retail enterprise and its employees. The predominantly female employees were complaining about their male counterparts working at the distribution section of the organisation’s depots. Notably, these depots were established differently from the business retail operation section. The executive at Asda’s board was responsive to the supervision of the terms and conditions of the employment. The retail employees were being compensated based on the terms established by the organisation’s internal processes. In contrast, the compensation of the employees working in the distribution section of the organisation and the remuneration were determined through a collective bargaining process. The situation, therefore, provided a lower compensation for the retail workers compared to their colleagues in the distribution section of the organisation. The judges delivered a verdict that favoured the claimants to have their compensation established using their counterparts in the distribution section as the comparators to ensure that fairness and inclusivity are realised in the remuneration of the workers. The relevant case also provides a significant example of the design of the UK legal framework to ensure that equality is achieved at the workplace and to supplant the informal obstacles within the organisational setting that are working towards the discrimination of female employees. The Asda Stores Ltd vs Brierley [2021] case provides an appropriate platform for employers to appreciate the role of the existing legal framework in eradicating informal discrimination against female employees. The relevant case was significant for ensuring that the employees receive equal pay with their female colleagues for the services they delivered to the organisation. The case informs not only the employers at Asda Stores limited but also other organisations of the importance of addressing the issue of gender inequality and eradicating the glass ceiling effect in the organisations. Even though the existing legal framework has facilitated mitigating the discrimination on compensation and access to senior management positions in the organisation, there is still a need to establish measures to facilitate the fight against gender inequality in organisations.
Ms S Haq and Others vs The Audit Commission
The present case is significant in exploring the issues encountered by female employees at the workplace, especially concerning the promotion of women, and equal compensation of female employees, compared with the salary scale of their male counterparts providing similar services to the organisation. The legal contentions, therefore, indicate mechanisms initiated by the UK legal provisions to mitigate discrimination against women within the organisational setting. This case provided an opportunity where the nine litigants were employed as information and Inspection officers at the Commission for Housing Inspectorate. The claim was against their colleagues, who were male employees enjoying different pay scales and were accorded senior job positions at the institution. The relevant job position awarded to the male employees had been transferred from the Housing Corporation since 2004, and the beneficiaries were accorded significant pay protection. Subsequently, the relevant posts were amalgamated in 2007, and a selection exercise was conducted after an unfair evaluation to fill the eleven vacant positions. The employing agency provided two positions to the former male workers at the Housing Corporation. Because of the pay protection initially accorded to the male employees, the male workers enjoyed a higher compensation compared to their female colleagues employed under the same working conditions. The litigation filed at the employment tribunal (ET) on the grounds of the provisions of the Equal pay Act established indirect discrimination against female workers because of their gender. However, the latter decision was subsequently overruled by the EAT because the relevant protection scheme was proportionate and legitimate, ruling out the discrimination claims in the ET. Ms S Haq and Others vs The AuditCommission reveals the vigilance of female workers to identify and minimise the problem of the glass ceiling effect in organisations, especially using the existing legal provisions. Establishing the appropriate legal framework, coupled with the efforts of the aggrieved parties to seek protection from the judicial authorities for violation of their employment rights, is significant because it ensures that future employers would be cautious about implementing HR practices that discriminate against female employees. Therefore, the situation calls for the creation of regulations that promote the establishment and implementation of substantive policies within the organisational setting to facilitate the reduction of inequalities among female employees.
Chapter Three: Discrimination among Women in the Legal Profession
Women employees have struggled to occupy influential positions and achieve exemplary performance in various disciplines, including the legal profession. Despite the advances made by female employees, their efforts to occupy hierarchical posts in organisations have been hampered by sexist stereotypes. For instance, Gwyneth Bebb is a significant and inspiring icon within the legal profession in striving to alleviate the glass ceiling effect. While aspiring to be a lawyer, Bebb, in collaboration with three others, sought the intervention of the exiting legislation to be declared a significant individual. In 1913, Gwyneth invoked the Solicitors Act 1843 to be allowed to sit for the Law Society’s examination that would qualify her as a solicitor. Even though Ms Bebb and her companions failed in their quest to be solicitors, their claims and efforts were significant in their contributions to providing a roadmap in the legislation of the Sex Disqualification (Removal) Act 1919. The latter legislation was instrumental in promoting the quest of female individuals to become lawyers. The legislative framework within the UK jurisdiction has significantly contributed to the realisation of equality, especially one hundred years after the establishment of the Sex Disqualification (Removal) Act. Even though the relevant legal framework has facilitated women to realise their dream in the legal profession, there is still a need to initiate additional mechanisms meant to eradicate the glass ceiling effect within the legal profession and in the general employment environment.
Generally, the feminist dream to achieve equal opportunities with their male counterparts in the legal profession has experienced significant progress and failure in equal measure. For example, the tale of Baroness Hale is historical within the legal profession, mainly when he attained the position of the first female Supreme Court President. Her ascent to an influential position within the UK was attributed to the Constitutional Reform Act that facilitated her transfer to the Supreme Court, where she initially served as the Deputy President of the Institution from 2013 to 2017. Subsequently, Lady Black was the second historical female icon to occupy the leadership position of the highest court within the UK. Even though Elizabeth Truss was not a lawyer, she was privileged to occupy the post of justice secretary and lord chancery for eleven months. The mitigation of the glass ceiling effect within the legal profession has therefore realised tremendous progress, a situation evidenced by the forty-seven per cent representation of female candidates enrolled as practitioners within the UK. The recent figures are almost the number of male practitioners, exhibiting a significant rise from the previous years. Notably, the information from UCAS indicates in the previous year, the number of women enrolled within the legal profession was seventeen thousand, five hundred and sixty-five, which is sixty-seven per cent of the overall legal practitioners within the UK population. The relevant data reveals a significant effect in the fight against the discrimination of women in the legal profession. Generally, the number of female candidates who applied for vacancies to study law within UK universities doubled that of male candidates. Notably, the male applicants in the profession were eight thousand five hundred and ten estimated to be thirty-three per cent of the total candidates.
Dana Denis-Smith considered the pioneer of the First one Hundred Project, observes that the reasons that contributed to the prevention of female candidates for entry into the legal profession in 1917, identified as sexist stereotypes, are still experienced in the recent era. The relevant Project was meant to establish a digital archive that would chart the history of female candidates in the legal profession. The Project reveals how women have emerged from a disadvantaged position where they were initially barred from entry into the profession. They currently represent an almost similar ratio with their male counterparts of 50:50 in the legal profession. Even though the deliberations concerning the progression of women have exhibited insignificant evolution, their progress and advance into professional and leadership positions in the last one hundred years are attributed to the establishment of a substantive legal framework that champions the promotion of female candidates in a bid to eradicate gender discrimination, including the provisions of the Sex Disqualification (Removal) Act, Solicitors Act 1843and the Equality Act 2010 to mention a few.
Even though female candidates have enjoyed equitable policies in their entry into the legal profession in the UK, the inherent career breaks have necessitated subsequent attrition rates in the pecking order, especially among women. For instance, the promotion structure within UK law firms has significantly discriminated against female practitioners, coupled with the attitude of male legal practitioners to view the contribution of their female colleagues in the profession as insignificant. Notably, the Law Society’s chair within the Women Lawyers Division insinuated that the promotion structure in law firms was significantly skewed in favour of male practitioners. For instance, the information from the Solicitors Regulation Authority indicates that female lawyers constitute thirty-three per cent of the partners within the UK law firms. Even though a significant number of the UK major law firms are signatories to The 30% Club, the institution established to facilitate the realisation of a thirty per cent membership of female lawyers as partners in major law firms by 2020, the anticipated targets are yet to be achieved. However, the recent figures from the largest law firms in the UK indicate that the number of female lawyers that have been promoted as partners has significantly declined in the recent two years, exhibiting another hurdle in eradicating the glass ceiling effect within the legal profession.
The report published by BPP University Law School provided a comprehensive analysis of data from the Law Society, providing information on the representation of genders in UK law firms. The public report dubbed Law Firm of the Future suggested that gender parity in senior positions of UK law firms could only be achieved in twenty years. Generally, the presence of sixteen thousand five hundred barristers does not provide the anticipated balance between female and male practitioners. The information of the Bar Standards Board, the UK institution established to regulate the conduct of members to the bar, reveals that the constitution of fifty-one per cent of females as pupils in the profession, only thirty-seven per cent of the women candidates usually make it to the practising bar. Moreover, experts and researchers within the UK legal practice suggest that the latter figures are likely to decline because of the plans of the UK government to pilot the proposed hours for the practitioners in the criminal courts. Notably, only thirteen per cent of the Queen’s Counsel (QC) constitute female practitioners who have risen to the top of the bar. According to the predictions of the BSB report, gender parity within the UK legal profession would only be achieved in fifty years, especially considering the current rate of changes among both genders in the law profession. Even though thirty-two (an estimated twenty-seven per cent) members of QCs, out of the total membership of one hundred and nineteen members of the institution are women, the recent data provides significant hope for the efforts to alleviate the glass ceiling effect among practitioners in the legal profession, rendering the information from the BSB prediction to be pessimistic.
The UK judiciary has been inclined towards realising a diversified workforce to alleviate the glass ceiling effect among both genders. The achievements of the institutions have been attributed to the establishment of the Judicial Diversity Committee. The institution, led by Lady Hallet, was established to initiate mentoring events, work shadowing, and facilitate networking and support programs to motivate the groups that are underrepresented within the profession to tender their applications for consideration in judicial appointments. The relevant facilities that have included personal case studies and online videos have significantly encouraged female lawyers to apply for the relevant positions. Their consideration of the positions increased the mitigation of the glass ceiling effect among women in the legal profession. The QC Appointments, the relevant body responsible for administering the procedure for silks, has also initiated measures to minimise the barriers against female lawyers in the profession. The institution’s chief executive, Russell Wallman, has explained that the measures undertaken have reduced the number of assessors applicants should list to the institution from twelve to eight. Similarly, they have increased the duration in which the supporting cases should be selected from two to three years. The proposed mechanisms have ensured that female candidates who present their applications for silk are potentially more successful than their male colleagues. This strategy was initiated to enhance the representation of female lawyers in judicial positions and eradicate the glass ceiling effect within the judicial positions in the UK. Despite the relevant strategies initiated to increase the number of women lawyers in the legal profession, especially in judicial positions, the relevant institutions still receive lower applications from women practitioners. This situation aggravates the efforts towards the increased representation of female employees in the position of influence within the UK. Notably, the law Society and Bar Council in the wider legal profession, including the chambers and law firms, are still executing appropriate mechanisms to address the gender imbalance. The relevant measures have incorporated strategies such as the returning to work schemes and maternity to facilitate the female lawyers to present their applications for judicial positions.
Chapter Four: The Disparities in Compensation within the Legal Profession and Flexible Working Hours
The Gender Pay Gap
Generally, the discrimination among women in the workplace, a factor that has generated the glass ceiling effect, is not only limited to the promotion to senior leadership positions but also includes their remuneration after delegating duties to the respective organisations. Female employees in the legal profession have experienced similar challenges of less compensation compared to their counterparts in other disciplines and organisations, especially in consideration of the enumeration of their male counterparts assigned similar responsibilities at the workplace. The estimates from the UK law society reveal that in 2014 the gender pay gap among private legal practitioners, especially in England, was thirty per cent. However, the UK National Statistics indicates that female practising lawyers receive compensation ten per cent lower than their male colleagues. This figure exhibits a twenty per cent gap from the national average. Besides, the existing legislation requires different remuneration for female employees, including the legal profession, a situation meant to bridge the gender pay gap and the glass ceiling effect. For instance, the provisions of the Equality Act 2010 (Gender Pay Gap Information), especially under Regulations 2017, provide that the UK organisations that have engaged employees that exceed two hundred should publish their annual gender pay gap data by April. The proposed regulation has been instrumental not only in ensuring that such organisations divulge the information concerning the strategies for remunerating their workers but also reveals the bodies that are yet to achieve the anticipated requirements but the UK legislation on equal pay for equal work in a bid to impose pressure on the organisations to establish mechanisms that would generate progress towards the bridging of the gender pay gap and entrench equality in the community.
Generally, three law firms have complied with the requirements of the UK legislation to publish the information concerning their gender pay gap. According to the information published by Herbert Smith Freehills, an International firm based in the UK, female workers are paid twenty per cent lower than their male colleagues and receive a bonus that is thirty per cent lower than the compensation to the male staff. However, the figures from the Women at City firm CMS indicate that the female workers in the organisation are provided with a remuneration that is twenty-seventeen per cent lower than the male workers in the law firm, including a bonus package that is twenty-seven per cent lesser compared to their male counterparts in the organisation. Moreover, the regional firm in the UK, Shoosmiths, published information indicating that their female employees are paid fifteen per cent lower than the compensation provided to the male employees. The makeup of the legal profession provides the relevant pool that provides the workers appointed as judges. The appointment of judges in the UK in recent years has been inclined towards alleviating the glass ceiling effect. For instance, the statistics indicate that the number of female lawyers appointed as judges have significantly improved since 2010, mainly attributed to the increase in the relevant number compared to previous figures. Notably, the latest figures indicate that eight hundred and ninety judges within the UK, an estimated twenty-eight per cent of the overall judicial officers, are women. Based on the composition of the most senior judiciary positions, two of the twelve Supreme Court Judges are women. Also, nine (twenty-four per cent of the total figure) out of thirty-eight judges of the Court of Appeal positions are women. Similarly, the UK High Court, which constitutes a total of ninety-seven judicial officers, has a composition of twenty-one female judges, an estimated twenty-two per cent to the relevant bench.
Flexible Working Hours
Generally, the experience of an appropriate work-life balance, especially in allowing the employee flexible working arrangement is significant for achieving an essential career progression. The UK jurisdiction has facilitated the establishment of relevant laws and regulations that allow employees, especially female workers with numerous responsibilities at home and in the workplace, to facilitate their progression. According to a recent survey conducted by IBM, striking a balance between the employees’ life and work is instrumental in boosting the individual’s professional career. Implementing the regulations, including the Employment Rights Act and the Flexible Working Regulations 2014, has enabled organisations to attain significant retention of female employees and increase their satisfaction within the work environment. These factors have been identified as essential for the progression of female workers on the organisational ladder.
Female employees have reaped the benefit of flexible working regulations because the situations have significantly influenced the employees’ motivations and feelings towards their responsibilities at work. The provisions have facilitated women workers with significant responsibilities at home and the workplace to work for a few hours, especially by starting work late and leaving earlier for their household responsibilities. The relevant provisions include maternity leave and concessions that enable female workers to spend quality time with their children, including the disabled.
Conclusions
Introduction
This dissertation’s primary objective was to explore various literature to identify the effects of the UK legislations and regulations to alleviate the glass ceiling effect in the work environment. The conclusion chapter of this research paper shall provide the key findings of the investigations and explain whether the relevant results enabled the researcher to address the study questions and objectives. The conclusions chapter shall also provide recommendations that would promote eradicating the practices and informal policies that stagnate the progress against female workers to entrench equality in the present and future society. This section shall also highlight the recommended studies for future researchers to deliver related findings to the present inquiry.
Key Findings
The findings of the present research indicate that the UK regulations have facilitated not only the increase of female representation within managerial and leadership positions but also contributed to bridging the gender pay gap and achieving flexible working conditions. The study findings facilitate in addressing the research objectives because, after the exploration of the extensive literature on the subject, the study findings provide essential information that informs the audience on the presence of the glass ceiling effect in society and the strategies that various regulations and legislations have employed in the UK to alleviate the phenomenon among female employees in the community. The results of this research would therefore guide future policymakers, researchers and students on the subject in making significant decisions, including formulating and implementing policies that entrench equality and alleviate gender discrimination in the workplace. The findings of the present research also reveal that the discrimination among women in the workplace is not only limited to the denial of promotion and appointment to influential positions in the organisation but also includes informal policies that provide unequal compensation between both genders and the implementation of practices that minimise the opportunities for the female workers to strike a balance between their employment obligations and family or life obligations.
Recommendations
The present study’s findings indicate that the glass ceiling effect has significantly contributed to the negative progression of female employees. Even though the existing regulations and legislations, including the Sex Discrimination Act and the Equality Act, have contributed to the realisation of equal practices in the work environment, the challenge of the sexist stereotype has dominated the disadvantage of female workers over one hundred years since the initiation of the strategies to minimise gender inequality in the workplace. Society should therefore intensify measures that reward organisations that implement policies to eradicate the glass ceiling effect, such as tax breaks and providing financial awards to companies striving to achieve gender equality. These measures would motivate managers to formulate and implement policies and practices inclined to eradicate discrimination among women and other minority groups in the community.
Future research
The present study focused on the exploration of the UK regulations and legislation to facilitate the reduction of the glass ceiling effect within the work environment. Future investigators should consider conducting research meant to establish the impact of the relevant UK laws and regulations in alleviating the discrimination among female workers in the specified industry, such as the education, health, transport or finance sector, to provide a deviation from the present study that explored the relevant phenomenon in all sectors of the UK economy. Similarly, future researchers should consider investigations on the effect of the legislations and regulations to eradicate discrimination among the minority groups, such as the minority ethnic communities in the UK, the disabled community, and the gay to mention a few. Such phenomenal studies would provide relevant information that is distinct from the present study that focused on the barriers against the promotion and remuneration of female employees. Also, the researchers should engage in a comparative quantitative study to identify the overall contribution of laws and regulations to minimise the glass ceiling effect among female employees in different countries across the world. The findings of the relevant studies would facilitate the audience to understand the impact of legislation to eradicate inequalities among female employees in other countries.
References
Primary Sources
Ms S Haq and Others vs The Audit Commission
Asda Stores Ltd vs Brierley [2021]
K and Ors vs Tesco Stores Ltd
The Hampton Alexander Review
Solicitors Act 1843
First one Hundred Project
Sex Disqualification (Removal) Act 1919
Constitutional Reform Act 2015
Solicitors Regulation Authority
The 30% Club
Bar Standards Board
UK National Statistics
Equality Act 2010 (Gender Pay Gap Information) Regulations 2017
The FTSE Leaders Review
Firm of the Future Report
Treaty on the Functioning of the European Union (TFEU)
Equality Act 2010
Sex Disqualification (Removal) Act 1919
Sex Discrimination Act of 1975
Flexible Working Regulations 2014
Employment Rights Act 1996
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