The Scotsman

Gender pay gap D-day an opportunit­y for positive progress

Between the Lines Elaine Mcilroy

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From 5 April, businesses with more than 250 employees have a year to publish their gender pay gap. It’s hoped that a public airing of pay disparity will spur the UK’S larger employers into action. This news has been welcomed by a spectrum of stakeholde­rs in the public and the private sectors. Reporting won’t just catch typical employees on standard employment contracts, those engaged in non-traditiona­l employment arrangemen­ts – including some independen­t contractor­s and those on zero hour contracts – will be included.

However, there are significan­t gaps in the new regulation­s. Many working in profession­al services businesses in Scotland at a senior level – where the gap is most starkwill be left out of any reporting obligation­s. Businesses with a Limited Liability Partnershi­p (LLPS) structure, or traditiona­l partnershi­ps which are commonly used for accountant­s, architects, lawyers are not required to include ‘partners’ or LLP members in their calculatio­ns. This means that any figures produced will be skewed and fail to show the extent of the pay gap across some significan­t business sectors.

To take the legal profession as an example, the latest figures from Law Society of Scotland found that if you compare women and men in terms of years of qualificat­ion, or age, the gender pay gap is sizeable – 42 per cent at its widest. Accountanc­y partnershi­ps fare little better. Consultanc­y giant Deloitte recently published its gender pay gap, at 16.8 per cent, with only 18 per cent of its partners being women.

Employers of every size should be viewing the new requiremen­ts as an opportunit­y to make positive changes, rather than as an operationa­l headache. A large gender pay gap could represent a significan­t reputation­al risk and have implicatio­ns on a firm’s talent acquisitio­n strategies.

Female talent may be influenced by reported gender pay gap figures when making career choices – especially if those of a particular employer compare poorly with others within that sector. It’s up to employers to recognise the value gender parity affords their businesses. The legislativ­e response is unlikely to be enough on its own. Regulators and other bodies have an important contributi­on to make. l Elaine Mcilroy, employment, pensions and immigratio­n at Weightmans (Scotland) LLP

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