Gender pay gap means some women now "working for free": Society

The continuing gender gap in the legal profession means that some female solicitors are effectively working for free from today until the end of the year, according to the Law Society of Scotland.

With its research from the 2013 Profile of the Profession survey showing a pay differential of up to 42% at its widest point among its member solicitors – comparing average full time and full time equivalent salaries for women and men at all career stages – the Society is renewing its push for action towards equality.

The Society estimates the gender pay gap at specific career stages ranges from 2% to 38%, affecting both solicitors working in private practice law firms and in-house solicitors. While there is little difference at the early stages, from age 36 onwards women generally appear to be paid lower salaries than men of the same age, with women are more prevalent in the salary bands up to £65,000 and men more prevalent in salary bands over £65,000.

Women tend to remain associates or assistants rather than be promoted to partner level. While the findings suggest that there is very little direct discrimination in terms of women being paid less for directly equivalent roles and experience, there appears to be an issue around assumptions made about women, with the report indicating that women earn less than their male counterparts whether or not they have children.

Career breaks longer than six months are a significant barrier to career progression, but many respondents also considered that part time working was detrimental to a person’s career, for both males and females, even in firms that were supportive and accommodating of flexible working arrangements.

Janet Hood, convener of the Society’s Equality & Diversity committee, commented: “A 42% gender pay gap reflects very badly on what is otherwise a modern and forward-thinking profession – with some female solicitors effectively working for free for five months of the year.

“There are many and nuanced reasons why the gender pay gap exists, and the legal profession is certainly not alone – figures from November 2014 show that the overall UK gap was 9.4%. However we have seen little change in the past decade compared to other professions such as accountancy or dentistry, and it is a major concern that such a substantial gap persists 45 years after the UK Equal Pay Act, and 10 years of Law Society equality research and promoting good practice within the legal profession.

“Quite simply it is not something we can afford to ignore, for either ethical or business reasons."

The Society published equality standards, which are currently voluntary, earlier this year, under which employers should publish an annual statement about the composition of organisational roles, reporting on gender as a minimum, and for organisations with more than 150 staff, publish pay gap figures for full time and part time staff at each level of seniority. The Society has also published an equal pay toolkit to help firms do this.

Ms Hood added: “Women now represent half the legal profession in Scotland and there should be no limit set on their talent and ambition.

“Employers have legal responsibilities in relation to equality as well as any commercial considerations. They need to be aware of the extent of the gender pay gap within their own organisations and take action to ensure that they meet their obligations and, importantly, work to retain talented individuals who can help their businesses thrive now and in the future.

“Many government and other organisations sourcing legal services also include equality criteria as part of their tendering processes. If law firms are not taking steps to ensure that they are meeting these, they could be adversely affected.”

The Society plans to publish a series of guides later this year for solicitors returning to work following a period of maternity, paternity or adoption leave, and is currently seeking views from solicitors on their return to work experiences.

• A report published today by Independent think-tank Fiscal Affairs Scotland has found that there has been a rise in the difference between male and female salaries north of the border since 2011, despite a continuing decline in England & Wales.