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Jersey's Gender Pay Gap (follow-up) Review a report by THE gender pay gap review panel

The Gender Pay Gap Review Panel was established in 2018 to examine whether there is a gender pay gap in Jersey. In July 2019, the Panel published its report 'Is there a Gender Pay Gap in Jersey?' which concluded that there is a gender pay gap but wide-ranging statistical evidence is required in order to assess the extent of it in the Jersey economy.

A gender pay gap is the difference between wages earned by men and wages earned by women across a workforce. A gender pay gap is not the same as unequal pay which is paying men and women differently for doing the same (or similar) work.

THE REVIEW

The main aim of the review was to follow-up on the Panel's recommendations made in 2019

After a full and detailed investigation, the Panel has found that there has been little, or no progress made in closing Jersey's gender pay gap since 2019. This has largely been fuelled by the pandemic which has disproportionally impacted women in the home and workplace.

Public Sector Gender Pay Gap

The Panel welcomed the publication of Jersey’s first public sector gender pay gap report in October 2019 which showed the difference in the average (median) pay between all men and women in the workforce was 18.3%. In the Government’s second report detailing the 2020 figures, the median average has gone up from 18.3% to 24.3% - which means the gender pay gap in the public sector has widened.

Private sector gender pay gap

Without statutory reporting lines, very few private sector organisations currently disclose their gender pay gap, so it was not possible for the Panel to gather sufficient statistics of the private sector gender pay gap. However in PwC’s Channel Islands Women in Work Index 2021 it found that workplace gender inequality in the Channel Islands increased between 2017 and 2019 with Jersey falling from 20th to 24th of the 35 jurisdictions examined.

Government initiatives

The Government has committed to closing the gender pay gap in the public sector and to deliver programmes aimed at targeting the barriers to progression and increasing opportunities for employees in under-represented areas of the organisation. This includes a People Strategy which outlines the Government’s ambition to be a forward-thinking organisation, which offers high-quality public services, values its people and grows its talent for the future. Through this Strategy, the Government has committed to take action in relation to diversity, equality and inclusion.

The Government has also launched a Flex Positive initiative which aims to provide flexible working across the public sector. The Panel welcomes this approach, particularly as it received evidence in 2019 that many women found that options were limited in terms of succeeding in their career whilst having to juggle childcare responsibilities with work.

Although the Panel supports the aims of the initiative, it is mindful that flexible working will not be accessible to everyone, particularly uniformed services and those working in education. The Panel believes that access to flexible, affordable high-quality childcare would help address the challenges around flexible working for those who are not in ‘9 to 5’ roles.

Factors that contribute to the gender pay gap

The Panel found that stereotypes towards men and women in wider society continue to encourage young people to opt for subjects of study that perpetuate occupational segregation in the future.

In order to address this, the Panel recommends that an audit of registered childcare providers, pre-school and primary schools is undertaken to ensure gender neutral practices within the curriculum and the general culture and ethos. The results of the review should be published in order to demonstrate how a gender sensitive approach to teaching is encouraged and resourced.

The Panel has also suggested that school and college curriculums are Equality Impact Assessed. This is an evidence-based framework designed to help make sure that decisions or changes are fair which would ensure discrimination, bias and stereotyping is removed.

In 2019, the Panel identified that automatic associations based on gender, such as assuming a woman will have a child in her 30s, was a contributing factor to the gender pay gap. The Panel noted that organisations can implement a number of initiatives to make recruitment practices more gender neutral, thereby ensuring the focus is on those who are most skilled for the role.

Although the principle of greater anonymity of candidates in the recruitment process was supported by the Chief Minister in 2019, there has been limited progress from the Government in ensuring that any bias is eliminated within its recruitment practices. As part of changes to recruitment practices within the public sector, the Panel has recommended that the name, age, gender and place of education should be removed from applicants’ CVs to ensure that candidates are appointed based on their skills.

In 2019 the Panel found that it is more often women who take time out of the workplace to care for children (or elderly relations). The cost of childcare was identified as a factor which prevents parents, mostly women, from returning to work. This impacts on women’s careers the most as it is generally the mother who takes on primary caring responsibilities.

In his response to the 2019 report, the Chief Minister accepted that the cost of childcare is particularly sensitive in Jersey and the changes to the family-friendly policies would hopefully go some way to improve the situation. The Panel welcomes the enhanced family friendly policy and hopes that it will initiate a culture change within Jersey that mothers, as well as fathers take on responsibility for childcare. Over time, the Panel is hopeful that this will contribute to closing the gender pay gap.

Impact of Covid-19

The Panel found evidence that suggests that the socio-economic effects of Covid-19 have fallen disproportionately on women. More women than men took on the burden of home-schooling and additional labour in the home during the pandemic and more women than men are employed in the industries that were hit hardest by the pandemic, such as hospitality, travel, education and retail.

The acceptance of flexible/home-working has been an “upside” to the pandemic which may be of benefit to many working parents. However, employers will need to be careful to mitigate the risk of a two-tier system of career progression - with promotion more likely for employees able to work regularly in the office compared to those working more hours from home.

In terms of the Government’s response to the pandemic the Panel does not consider that a gender sensitive approach to its policies was considered. There was no specific consideration of gender inequality or the social impacts of the pandemic on women during Scientific and Technical Advisory Cell meetings. During the lockdown periods, the Jersey Advisory and Conciliation Service received more contacts from women than men regarding concerns about working at home and a lack of additional childcare provision.

Future Considerations to close the gender pay gap

The Panel has identified a number of key areas which the Government should focus on in order to make real progress on closing the gender pay gap. These are:

1. Encourage flexibility in the workplace

The Government should continue to encourage flexible working practices which are inclusive for everyone, including those who do not work in normal ‘9 to 5’ roles. The Government should also look at mitigating any risks to flexible working including the creation of a two-tier system where those who are based in the office are not afforded more opportunities than those who are based at home.

Although part-time work is a good enabler for women in the workplace, particularly after children, the Panel has found that it can “trap” them in roles, meaning less pay and progression. Through its Flex Positive initiative, the Panel has recommended that the Government should work towards de-stigmatising part-time working within the public sector and create a culture where men, and fathers/male caregivers in particular, feel comfortable, and will not be penalised, for asking to reduce their hours.

More widely amongst the business community in Jersey, employees are able to make an application to request changes to their hours of work, their times of work and their place of work under the Employment (Jersey) Law 2003. Although employees can request flexible working, it is currently not the default position. The Panel recommends that the Minister for Social Security should direct the Employment Forum to consult with businesses and employees in order to improve the existing statutory framework for flexible working including measures to help make it the default position unless employers have good reasons not to.

2. Provide greater access to childcare

In its 2019 report, the Panel found that the cost of childcare was a factor which prevents parents, mostly women, from returning to work. This has impacted on women’s careers the most as it is generally the mother who takes on primary caring responsibilities.

The Panel found that there are a number of challenges faced by women in Jersey who want to achieve a successful and fulfilling career and contribute to the economic well-being of their families. Many women across the spectrum of occupations consider that the high cost of childcare often prevents them from achieving their family objectives. The Panel recommends that the Government should commission an independent review of childcare in Jersey to include accessibility, flexibility, quality, and affordability in order to better inform its future policy making decisions in this area.

3. Introduce statutory reporting measures

Given that the Panel has found little evidence to suggest that any progress has been made in closing the gender pay gap in Jersey, which has actually been exacerbated by Covid-19, it believes that statutory reporting should be introduced as a matter of urgency. The Panel has recommended that the Chief Minister should take the necessary action to introduce statutory gender pay gap reporting which should include a requirement for businesses to publish a 5-year action plan alongside their reports. In preparation for statutory reporting in Jersey, a consultation should be undertaken with businesses in order to determine the appropriate threshold level for mandatory reporting and what level of support businesses might require in order to report on their gender pay gaps effectively.

4. Introduce a political lead for diversity, equality and inclusion

Although the Government has appointed a Diversity, Equality and Inclusion (DEI) Consultant to deliver the DEI Strategy within the public sector, the Panel believes that a political lead for DEI matters should also be introduced.

The Panel believes that a Ministerial position within the States Assembly would introduce an enhanced diversity perspective and would provide the opportunity for a political lead to champion the causes related to the gender pay gap and more widely, diversity, equality and inclusion.

5. Gather better data

In 2019, the Panel highlighted the need for the collection of hard data in Jersey on both the structural issues (impact of policies and working practices) that can create barriers for women and on the cultural issues (stereotypical views and values) that can create biases about women’s capabilities.

The Panel believes that this type of data would enable the Government to be better informed in adopting gender sensitive approaches to policy making and would have been particularly beneficial during the pandemic. If the relevant data had been available, this may have offered the Government with more opportunity to mitigate any economic inequalities and could be used to inform policy making in relation to the recovery work.

In order to address this issue, the Panel believes that the Council of Ministers should adopt a gender equality perspective across all Government actions which would help make better decisions to achieve gender equality. Gender statistics should be collected and published, with the support of Statistics Jersey, in order to implement a gender mainstreaming approach.

WHAT HAPPENS NEXT?

The Panel has presented its report to the States Assembly. A Ministerial Response is expected by 4th May 2022 which will be for a future Review Panel to consider and follow-up on the recommendations.

Panel Membership

Left to right: Deputy Louise Doublet (Chair), Senator Kristina Moore, Senator Sam Mézec and Connetable Karen Shenton-Stone

Credits:

Created with an image by Hyejin Kang - "An equal pay concept. Miniature people sitting in the same height pile of coins."