Treacle Toes
Time
http://m.guardian.co.uk/commentisfr...-equality-trap?cat=commentisfree&type=article
It was a small point of law, well-spotted by the lawyers, but it may have changed the landscape – the equivalent of the cloud no bigger than a man's hand that grows into a storm. On Wednesday, the supreme court ruled that some out-of-time equal pay claims could come before the civil courts. It could, at last, be the moment when local authorities abandon the hopeless cause of resisting equal pay claims.
It is a critical victory, but it is not the end of the war. The new battleground is the private sector, where those women who escape from lower-paid jobs are, according to TUC research, penalised by a gender pay gap twice as big as it is in the public sector.
Since the Equal Pay Act came in more than 40 years ago, it had seemed that the six-month cut-off point for unfair pay claims heard by employment tribunals was unbreachable. As a result, hundreds of thousands of women missed their chance of justice. The ruling that cases beyond the six-month limit could, after all, be heard in the civil court makes it possible to launch claims up to six years after leaving an employer. That delivers a deserved windfall to the low-paid cleaners, cooks and care assistants of Birmingham who retired or left before the council recognised their rights, and it also opens up the chance for thousands more women reluctant to challenge discriminatory employers while they still work for them, or in the same sector. Meanwhile, Birmingham, at a time of desperate cuts, is left with a huge bill for fighting and losing a battle it should have conceded years ago.
The Equal Pay Act was a grand gesture in the dying days of a failing Labour government. Designing legislation that would successfully change the way people behaved was a novelty and its passage was a stitch-up between patriarchal unions and patriarchal employers. A five-year gap before implementation was meant to allow employers to equalise pay. Instead it allowed thousands of jobs to be reassigned to women only, perpetuating the undervaluation of women's work. Fighting cases is tricky, because an individual rather than a trade union or the equalities commission has to bring the case. The process was made worse by job segregation, because it made it near impossible to find a comparator to prove men got more for doing similar work. Where attempts have been made to make the law work better, they've been piecemeal: amendment on amendment, overlaid by EU law to produce something so dense that it's incomprehensible to all but specialist lawyers.
Above all, the law is about providing a remedy when it has been broken, not about trying to shape the environment to encourage compliance. And when finally a serious attempt at reform was made, it again came at the end of a Labour government heading for defeat. The Equalities Act 2010 repeats its predecessor's mistakes. Its postdated proposals for pay transparency lie unimplemented and ignored by the coalition.
Yet, although the women who marched on parliament on Wednesdayunder the UK Feminista banner rightly protest at the distance still to travel before women are treated equally, the world is transformed since equal pay law was first introduced. Nearly as many women as men now work. The pay gap is better understood. It can be seen to be clearly linked to events in women's lives – motherhood, caring responsibilities, an interrupted work record (nearly half of all low-paid women earn even less when they return to work). And last year the pay gap for workers on median hourly pay was actually narrower than it has ever been.
Hold the cheers. It is true that women's pay has been rising faster than men's, but that's not as exciting as it sounds. Men's pay is static, and fathers' pay has actually fallen as more men work part-time. Families are faring worse than other groups. The parent penalty is falling more equally, but that just means more children are in poverty. Affordable childcare and higher-quality part-time work are at last issues for men as well as women. A new equality is emerging, but it's an equality of misery.