www.ictu.ie/equality
Workplace Equality in Ireland 2008
This publication is supported by the Directorate-General for Employment, Social Affairs and Equal Opportunities of the European Commission.
Workplace Equality in Ireland 2008 Congress 1
9 6 8 9 5 6 3 11 27 26 12 28 16 30 10 17 31 10 21 32 23 26 11 34
Equality in Ireland today Ireland in Equality Recommendations Key issues Key promotions gap pay equality The equality achieve to duty positive A promotions gap pay equality The Low employment rates employment Low and workplace the to Access and workplace the to Access The equality pay gap pay equality The balance Work-life balance Work-life Occupational segregation Occupational Childcare Childcare possibilities and childcare and possibilities Discrimination of Experience Conclusion Inadequate flexible working working flexible Inadequate culture Workplace culture Workplace A broader approach to equality to approach broader A
1. Introduction 2.2 3. 3.1 3.3 References Foreword by Congress by Foreword 1.1 2. 2.1 3.2 1.2 2.3 3.4 1.3 2.4 3.5 1.5 1.6 1.6 1.4 2.5 3.6 2.6 Workplace Equality in Ireland 2008 Congress 2 Workplace Equality in Ireland 2008 Congress 3 Unfortunately, that debate is now needed needed now is debate that Unfortunately, have things as before ever than more The 2007. since dramatically changed the difficulties economic unprecedented an in resulted have faces now country with infrastructure equality our on attack the to cutbacks budget disproportional of abolition the and Authority Equality National the as such bodies important and Racism on Committee Consultative presence their when just Interculturalism to vulnerable groups protect to needed is an such that view our is It discrimination. short also but wrong only not is approach business for evidence the given sighted diversity and equality from benefits the in presented evidence The policies. strong for need the confirms also papers is It legislation. equality of enforcement their know people that ensure to crucial that and legislation equality under rights effective have discrimination facing those has OECD the as But redress. to access legal general in “... out pointed recently
Congress believes in equal rights for all all for rights equal in believes Congress combating to committed is and workers promoting and discrimination of forms all pleased very therefore were We equality. the in partner national active an be to of Year European the for activities Irish A 2007. in All for Opportunities Equal year the during activities our of part major of number a of commissioning the was The issues. equality on papers research congratulated be to are authors papers provocative and thoughtful very their for to like would Congress and contributions Cousins Mel to: thanks sincere our extend Margaret summary); this wrote also (who (TCD); Drew Eileen (TCD); Davis Fine Wickham James and (DCU); Munck Ronnie initiative. this in participation their for (TCD) a represent not does paper particular This rather but paper policy Congress definitive evidence the together pull to attempt an is in contributions those from learning and national a to contribution a make to order equality. on debate
Foreword
We hope that you find the papers a useful find the papers hope that you We of the data has been contribution. Some but the events recent rather dated by the trade union movement commitment of the of we are and to equality remains should not be recovery view that National expense of dismantling achieved at the of the for the rights protections hard-won weakest in our society or vulnerable and and institutions to combat discrimination equality and human rights. Any promote include Plan for National Recovery should independent and effective, a strong, anti-racism equality, adequately resourced we so that and human-rights infrastructure this crisis with a better, can emerge from and protects society that respects fairer the dignity of all its members. David Begg General Secretary rules will have more impact if enforcement enforcement if impact more have will rules individuals on dependent exclusively not is therefore It rights”. their of deprived equality specialised of role key the highlights Authority Equality the as such – bodies discrimination of awareness raising in – equality, for support public building and challenging and investigating in also and simply beyond practices discriminatory complaints. individual on relying its express to like would Congress Finally its for Authority Equality the to appreciation professional, and financial both support, and Year European the throughout to initiative particular this bringing in to due are thanks particular In conclusion. to and Bond Laurence and Baxter Carol Niall Authority, Equality the of CEO former drive and advice whose without Crowley, possible. been have not would this of much
Workplace Equality in Ireland 2008 Congress 4 Workplace Equality in Ireland 2008 Congress 5 The potential impact of this initiative on the promotion of equality within Irish workplaces is immense. Congress is the largest civil society organisation on the island, representing over 750,000 workers across a wide range of sectors in the economy. At previous biennial delegate conferences, motions in relation to the promotion of equality have been passed. These include a requirement to report back to future conferences on union activity in relation to workplace equality initiatives and future reports should hopefully reflect increased activity in relation to the themes identified above. begins by setting out the This report continuing high level of inequality in Irish society and Irish workplaces (chapter 1). It goes on (in chapter 2) to identify the key issues in achieving equality in a range of (in chapter 3) it sets out Finally, key areas. to promote a range of recommendations equal opportunities for all.
Congress welcomed the designation of of designation the welcomed Congress for opportunities equal of year the as 2007 providing of objective the in shared and all anti-discrimination for momentum additional equal of promotion further the measures, and celebration the and all, for opportunities diversity. of valuing a major focus on equal provided We increase to as so year the for opportunities of the equality agenda within the profile Unions and workplaces, Irish Trade including at our biennial delegate in Bundoran in July 2007. A conference key part of our contribution to the year, was the commissioning of a number of policy briefing papers on key themes of to to our membership. In order relevance maximize the learning these briefing from papers and to assist in charting a course for the trade union movement, forward together the key has brought Congress these papers and other messages from publications on inequality in this recent Equality. on Workplace report
Introduction
1.1 Low employment rates employment 1.1 Low during While the overall employment rate 15 and the boom years (for people aged groups over) was almost 60%, in certain in of people are a much lower proportion employment. In particular only one in five people with disabilities (21.6%) and less (13.8%) are than one in seven Travellers the employed. The following table from 2007 CSO publication Equality in Ireland (CSO 2008) gives Census information in of Irish equality to all the grounds relation legislation, with the exception of sexual orientation (as data has not been collected on that ground):
experience of discrimination. inadequate flexible working possibilities and childcare provision, occupational segregation, the continuing equality pay gap, Persistently low employment rates for people with disabilities and Travellers, • • • • Although employment equality legislation Although employment equality since 1974 and has existed in Ireland it is clear general equality laws since 1998, in that many people experience inequality Key aspects of their daily working lives. examples of this inequality include •
Ireland today Ireland 1 / in Equality
Workplace Equality in Ireland 2008 Congress 6 Workplace Equality in Ireland 2008 Congress 7 000 persons Total 1,678.1 1,697.3 1,453.2 1,565.0 166.8 190.4 112.1 813.5 160.9 2,923.5 194.3 46.9 210.7 632.7 1,345.9 928.9 467.9 360.5 2,909.4 96.9 150.2 120.2 34.9 3,160.1 26.2 42.5 34.0 13.1 3,375.4 % of category Total 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 Not in force labour 27.7 47.2 35.2 34.8 29.7 84.2 33.8 21.5 39.5 38.2 37.0 35.8 28.3 53.0 15.0 31.6 92.8 74.0 39.1 36.7 10.4 31.6 43.9 37.6 32.6 34.9 29.7 45.0 37.5 Unemployed 6.3 4.3 7.3 3.6 8.6 1.4 11.4 4.4 4.2 5.0 6.9 11.0 6.5 7.5 6.2 5.3 0.0 4.4 4.8 6.7 7.9 12.7 7.0 5.0 26.6 7.3 10.2 41.2 5.3
Employed 66.0 48.5 57.5 61.6 61.7 14.4 54.8 74.1 56.7 56.1 53.2 65.2 39.5 78.8 63.0 7.2 21.6 56.1 56.7 81.7 55.7 49.2 57.3 40.7 57.8 60.1 13.8 57.2 56.3
32 Economic status by equality ground, 2006 statusEconomic by Source: CSO Census of Population Source:
Ground Gender Male Female Marital status Single Married Separated/divorced Widowed status Family Lone parents Other parents Carers Religion Roman Catholic Other Christian Other stated religions No religion group Age 15-24 25-44 45-64 65 & over Disability Nationality Irish UK Other EU Other stated Not stated Ethnicity White Black or Black Irish Asian or Asian Irish Other including mixed Irish Traveller aged 15 & over Total 60 50 This finding is confirmed 1 40 More recent EU data show Ireland with a much show Ireland EU data recent More CSO as the smaller pay gap of only 11%. However, points out the data exclude persons working 15 not mainly women and are hours or less who are on gender comparable with other data presented the pay comparisons such as that derived from points out that as Revenue Commissioners. Eurostat subject to quality review. a new data series they are data is not consistent Given that the most recent with almost all other data series, it would be unwise of the gender to assume that it indicates a narrowing pay gap pending further examination of the reason findings. for the different 30 by recent research by the European by the European research by recent in Living Foundation for the Improvement 2007) Conditions (EFILWC, and Working working on the basis of a European conditions survey carried out in 2005. gap pay Nationality Possible discrimination on the (which includes race, colour, ‘race’ground national or ethnic origins) is nationality, given importance in Ireland of increasing in the number the significant increase EU countries except the UK, Slovakia, EU countries except the UK, Slovakia, and Cyprus and Austria (Plantegna 2006). Remery, 1 20 10 0 Total Disability Traveller 1.2 The equality pay gap 1.2 The equality pay gap pay gender The to the CSO National According (CSO Employment Survey October 2006 2008), female average hourly earnings 86.2% of male hourly earnings.were In all sectors men earned than women. more and Hotels the in smallest is difference The sector with women earningrestaurants 92% of male earnings and largest in the women earnfinancial sector where 72.4% of male earnings. comparative indicator on Eurostat’s the gender pay gap for 2007 identifies the gap between the pay of men and at 17.1%. This places women in Ireland in the mid range of EU us somewhere countries with Portugal at 8.3% and for study recent Another 30.3%. at Estonia the EU Commission found that Ireland’s private sector gender pay gap in 2002 much higher than was over 25% - a figure the EU average and higher than all other Employment rate by equality ground, equality 2006 rate by Employment
Workplace Equality in Ireland 2008 Congress 8 Workplace Equality in Ireland 2008 Congress 9 1.4 Inadequate flexible working and possibilities childcare of course also linked Pay inequalities are, working to inequalities in access to flexible For people possibilities and childcare. (in particular with family responsibilities difficulties in accessing are women) there adequate are employment unless there and possibilities for flexible working shows research Irish However, childcare. in this area. major problems are that there 20% of Studies show that (in 2001) only leave eligible employees took parental women. The and, of these, 84% were leave largest barrier to taking up parental is the fact that it is unpaid. Similarly a study by the ESRI found that only most forms of flexible working were available to a minority of Irish workers. Part-time working was available in the workplace of half employees but job- sharing was available in the workplace of employees and of less than one-third home in less than one in working from seven (O’Connell et al, 2004). study by the OECD (2003) found A recent has a shortage of affordable that Ireland An EU funded comparative childcare. study of EU member states as to the systems extent to which their childcare supported female employment and early child development found that Ireland skill levels are effectively trapped in trapped effectively are skill levels lower paying) particular (and usually majority of men do not sectors while a for jobs from face much competition data shows that women. Comparative is in Ireland occupational segregation in EU terms (MOCHO, comparatively high 2004, p. 138) 1.3 Occupational segregation linked to occupational Pay inequalities are men and women whereby segregation jobs in the employed in different are by the ESRI has workplace. Research has had a ‘relatively shown that Ireland of occupational segregation’ high degree (Hughes, 2004, p. 91). Although some has been made in reducing progress in the period since 1991, segregation the ESRI argued that much remained to be done as a ‘very unequal situation’ recent more persisted in 2001. However, studies do not indicate any significant change in the level of occupational (FÁS, 2007). These studies segregation is highest also show that segregation amongst people with lower levels of qualifications. Thus women with lower of persons bornof persons than in countries other market in recent in the Irish labour Ireland data is currently years. Only limited issue and given that available on this is a relatively in-migration widespread market it of the Irish labour feature recent become trends before will take some time Employment The National fully apparent. that in most sectors, Survey 2006 found non-Irish employees earned between 77% received to 86% of the amount per hour was 91.1% by Irish employees. The figure sector. in the Hotels and restaurant than Non-Irish employees earned more Irish employees in Public administration, A recent defence and the health sector. 2007) and McCarthy, analysis(Barrett of data for 2005 found that, controlling on for education and work experience, average immigrants earn 15% less than indigenous Irish workers and immigrants non-English speaking countries were from at a 30% wage disadvantage compared to indigenous Irish workers. Conclusion These studies all show the extent to which inequality still occurs in many aspects of many of us Irish society and how it affects at some point in our working lives. Overall, men and women are equally equally are men and women Overall, in this discrimination likely to report but their experiences are national survey Women settings. different concentrated in discrimination likely to report more are and accessing health in the workplace to likely more men are services, while work for looking while discrimination report Women financial services. and accessing that they had likely to report more were been discriminated against because or of their marital status, family status to feel likely more men were while gender, of discriminated against on the grounds their age or nationality/ethnicity. women that shown has study separate A experience to likely as twice almost are (O’Connell men as workplace the in bullying women of cent per 10 Over 2007). al., et bullying experienced had they that reported men. of 5.8% to compared was amongst the countries with the least with the least the countries was amongst (MOCHO, systems supportive childcare in parents of working 2004). Children been looked after have traditionally Ireland But as increasing by family or friends. take jobs, the supply numbers of women has declined. In of such childminders working that the OECD predicted future, dependent be far more Irish mothers will and recommended on formal childcare work opportunities for that to increase in mothers, additional public investment would be needed especially for childcare low-income families. is inequality in the there In a context where between sharing of caring responsibilities that men and women this is an issue impacts most negatively on women. 1.5 Experience of discrimination that Just over 12% of Irish adults feel in they have been discriminated against to a two years according the preceding published by the ESRI and 2008 report the Equality Authority (Russell et al, 2008). discrimination rise to Rates of reported 31% among 23% among lone parents, those of Black, Asian or Other ethnicity, 24% among non-Irish nationals, 20% among people with disabilities and 29% amongst the unemployed. based on new analysis of are The results Quarterly National Household the CSO’s Survey: Equality Module, which asked Irish adults about their experience of discrimination in a range of different show that the situations. The results discrimination highest rates of reported occur while looking for work (5.8%) and in the workplace (4.8%).
Workplace Equality in Ireland 2008
Congress 10 Workplace Equality in Ireland 2008
Congress 11 the numbers at work rising by about 50%. 50%. about by rising work at numbers the a in reflected was growth jobs this Despite appears there unemployment, in drop major the on impact no or little been have to work. at people disabled of numbers legacy a had Ireland that found study The with people for provision segregated of in and training in education, in disabilities message the past, the In market. labour the whenever disabilities, with people to sent that was acquired, is disability that life in economically be to unlikely were they economically be to likely and productive that out points report The dependent. systematic of process a been not has there to people disabled with engagement or capabilities employment their establish of range a identified study The aspirations. taking of possibility the restrict which issues benefits the including employment up of lack or workplaces inaccessible trap, of range a out sets report The transport. barriers structural the address to proposals disabilities. with people facing
2.1 Access to the workplace and promotions are there 1, chapter in highlighted As to access to relation in challenges major with people for particularly employment issues These Travellers. and disabilities of number a at addressed be to require for need a is there all of First levels. different policies. public overall in change major a partners social all commits 2016 Towards achieving to attention concentrated “give to for employment of area the in progress” long-term experienced have that groups participation. market labour in difficulties the disabilities, with people to relation In recently has Authority Disability National Strategy A entitled – report a published a provides report The Engagement. of engage would that system a for blueprint and disability a with people with fully employment, in changes the address required. policies welfare and education in expansion massive a seen has Ireland with decade, last the over employment 2 / Issues Key the development of promotional of promotional the development authority local outdoor for opportunities staff. 2.2 The equality pay gap 2.2 The equality pay There is fairly extensive European and national legislation on equal Yet, pay. as we saw in chapter 1, significant differences in pay still remain - even in the case of men and women where the legislation dates back to 1974. Why is this the case? There have been a number of recent studies which have looked at the extent to which differences in pay can be explained by factors such as education or work experience and the extent to which such differences remain • independently have been These projects to be highly proved evaluated and have equality and successful in building market. diversity in the labour recruitment flexible Perhaps more conditions could be and promotional thus enabling by agreement, introduced people with the skills but not necessarily formal qualifications, to get employed they meet the where and promoted For example, under skill requirements. the Dublin project, the Equal at Work model Employment Pact developed a in Dublin City Council for replacement requirement of the Leaving Certificate grade for entry level and promotional a Competency clerical officer jobs through on Based assessment system based involvement Trade Union Job Profiling. was that there ensured in the process In no lowering of job quality involved. addition, the model developed in Dublin City Council was subsequently the subject the local throughout of a Ministerial Order authority sector; the training and employment of young Traveller men and women in a local authority; the promotion of multi-cultural work teams which are becoming the norm in the Irish health sector including new training modules being piloted in relation to intercultural working and diversity management; the provision of disability training; Employment Equality reviews involving audits of existing policies, procedures and practices in relation to equality and diversity and both quantitative and qualitative research with workers in the companies; • • • There is also a need for practical initiatives initiatives practical for need a also is There such employment to access improve to at Equal the under out carried those as Pact, Employment (Dublin project Work and (O’Connell ESRI the by study A 2007). policies equality that shows 2005) Russell, associated closely are organisation an in and satisfaction job of levels higher with study later A commitment. organizational and Authority Equality the by published diversity and equality that shows NCPP increased with associated are strategies lower and innovation and productivity 2008). al et (Flood turnover employee Chambers by survey 2007 a However, of Year EU the of context the in Ireland, that showed All, for Opportunities Equal have organisations Irish of minority a only and equality on focus a integrated yet as policies. other and HR their into diversity practical for need the emphasises This be can what demonstrate to measures this support to and area this in achieved diversity. and equality of integration supported under the Equal at Projects included: project Work •
Workplace Equality in Ireland 2008
Congress 12 Workplace Equality in Ireland 2008
Congress 13 the lower remuneration for women with for women with remuneration the lower background, in part- high educational and in supervisory time employment job status. shares the higher employment of women with high educational background, in part-time employment sector; and, in particular, in the public the more compressed earnings for distribution across occupations women compared to men; the higher remuneration for women staying with their employer; and the higher remuneration for women public working in small firms and in the sector. differences in activity and employment rates between men and women differences in the wage structure differences in the workforce composition and differences in remuneration between men and women. • to contribute that factors the Conversely are: EU the in gap pay gender the reducing • • • • in Ireland Up to half the gender pay gap in of differences was found to be the result personal and job characteristics between men and women. Discrimination is also The EU study identified as a factor. the pay that to reduce recommended gap, the following factors need to be addressed: • • • • the lower remuneration for women in female-dominated sectors and occupations; the lower remuneration for women with previous career interruptions; the lower remuneration for married women with children; the higher employment shares of women with short experience and tenure on the job, in non-supervisory positions and in smaller firms, as well as in relatively low paying sectors; • • • unexplained. It should be noted that it should not be assumed that “explained” differences are not discriminatory while “unexplained” differences are. On the one hand, some of the explained differences – such as differences in educational attainment or length of work experience – may involve discriminatory assumptions in relation to, for example, the type of subjects which girls should shorter Similarly, women’s study. work experience (on average) may – at least in part – be due to inadequate provision of maternity leave and childcare and inequality in the sharing of caring responsibilities between women and men. Conversely, some of the unexplained differences may be due to characteristics which are not observed in the study (as opposed to discrimination). Nonetheless such studies do provide a very useful analysis of the factors related to differential pay. Gender to pay An EU study of the factors related of men and women identified a number of key factors (EC Commission, 2002): The study found that the factors that the gender pay contribute to increasing gap in the EU are: • this relatively advantaged group. The group. advantaged this relatively indicated that the area authors’ analysis influence a strong of education had earningson pay with lower for arts women mainly graduates affecting while higher earnings for engineering mainly men. Men graduates benefiting – tended to reasons – for unexplained qualification higher pay for higher receive for levels and to get a higher reward study length of work experience. The only highlighted the need to focus not on actual participation in the labour choice and early but also on career force integration. It emphasised the fact career that channels female that the process jobs and male graduates into different begins at the junior cycle of secondary the authors argued that school. Therefore, on giving “attention needs to be focused access to students information about and transition a wide range of subjects at each college point (junior cycle, senior cycle, level students need entry)” and that “third range of access to information on a wide iv). It employment opportunities” (2005, also suggested that employers continue gender in reproducing to play a role and gender inequality in the segregation that public labour market. It appeared sector employment, which includes include formalised and transparent employment practices such as formal pay and promotion scales and recruitment practices, and the operation of explicit gender equality policies, leads to greater features many of these However, equality. absent in the private sector. were The importance of the gender pay gap as a policy issue has been recognised Strategy 2007- in the National Women’s the 2007). Unfortunately, 2016 (Ireland, NWS has not set out a specific numerical the gender pay gap target for reducing as part of will be reviewed but progress The Equal of the strategy. the 2010 review Russell and Gannon (2002) have and Gannon (2002) Russell pay gap at a examined the gender general their conclusions national level. In EU study. in line with those of the are years of work experience They found that the labour market were and years out of on the pay gap an important influence that policies This suggested in Ireland. life (such work and family to reconcile and maternity flexible as parental leave, and working arrangements and childcare) women returning to reintegrate measures would be necessary to the labour force the gender pay gap. The study to reduce of also suggested that the segregation different male and female employees in occupations and industrial sectors the pay gap. This indicates that increased in gender segregation policies to reduce important employment would also be an gender component of a strategy to reduce identified pay inequalities. The study also factor a be to continues discrimination that in unequal pay. the earningsRussell et al. (2005) looked at graduates. As the authors point of recent out, this study is worthy of note because both highly educated and are the group so one would just starting their careers not expect to find significant differences in earnings between men and women. although the study found no However, in hourly pay in the public difference was a significant gap in pay there sector, in the private sector with women earning On a weekly 8% less than men per hour. basis, women earned 11% less and there was a pay gap in both public and private sectors (because women tended to work fewer hours than men). The study also of men found that a higher proportion bonuses and that men received received 25% higher bonuses. This study highlights the systematic even amongst inequalities which remain
Workplace Equality in Ireland 2008
Congress 14 Workplace Equality in Ireland 2008
Congress 15 78 68 58 whether this thesis is correct and whether whether and correct is thesis this whether remains practice in occur will convergence capital/ ‘human the Furthermore seen. be to only the not is interpretation language’ of experience the of interpretation possible market labour Irish the in workers immigrant of pay lower the that possible also is It (. both in discrimination reflects workers such with commensurate employment to access treatment their in and qualifications their on research ESRI Recent work. within et (McGinnity recruitment in discrimination a is discrimination that suggests 2009) al factor. relevant Conclusion the studies quoted As can be seen from to gender above – particularly in relation complex – (un)equal pay in a much more issues than simply ensuring equal pay for equal work (which is the focus of EU and national legislation). Rather it goes back made to educational choices which are at an early stage in secondary school (if It also involves the (highly not before). of the Irish labour force unequal) structure 48 38 28 Hourly Weekly Opportunities at the level of the Enterprise Opportunities at the level of the identified Framework Committee has been initiatives as a suitable location to develop has on the gender pay gap and Congress this forum. through been seeking progress Nationality found have studies above, mentioned As significantly receive non-nationals that (controlling workers Irish than wages lower and experience) work and education for workers for large particularly is gap this countries speaking non-English from O’Connell 2007; McCarthy, and (Barrett to difficult is It 2008)). McGinnnity, and differences such for reasons the identify differences reflect actually they whether (i.e. skills) language as such capital human in identify to possible yet not obviously and that argued been has It time. over trends not would immigrants for pay low Initial initially may immigrants as unexpected be (such capital human location-specific lack expect would analysis This language). as with converge to earnings immigrants’ However, time. over people Irish of those Gender pay gap in average industrial earnings, industrial 2007 gap in average pay Gender While it remains more common for women for women common more remains While it to their working to make adjustments to household patterns in response socio-economic changing responsibilities, difficult to it increasingly conditions make sustain one-earner households (Esping- number The growing Andersen, 2004). facing new couples are of dual-income complicated further are challenges which many companies by the added pressure The face to compete in a 24-7 workplace. of ‘family-friendly’ policies limited nature traditional has often served to reinforce of labour and such breakdowns gendered the policies do little to address gendered that newer family issues and pressures 1990). face (Leira, 1992; Walby, structures such as the Statutory regulations, leave, of unpaid parental introduction the needs of have attempted to address the in Ireland However, working parents. of these policies and lack limited nature of financial compensation is problematic the labour market shortage. in addressing highly gendered Uptake of leave remains leave is a luxury few can and parental these Consequently, to utilise fully. afford limited policies have done little to help whose labour market participation groups life balance is most vulnerable. Work and flexible working arrangements are experiencing important for other groups inequality in the labour market. Flexible working arrangements can enhance in and contribution to the the presence workplace of people with disabilities, older people and minority ethnic people. The skills of older workers, single of larger family and parents parents, those struggling with mental or physical often lost because the disabilities, are not currently needed support systems are available (Fine-Davis et al., 2005). date, most work-life balance To have focused arrangements in Ireland 2.3 Work-life balance 2.3 Work-life more demanding is economy Irish The the causes which workers qualified and workplace the between interaction increasingly become to lives personal the of consequences the of One complex. organisations that is growth Tiger’s Celtic ‘time more and more become have still policies existing this, Despite hungry’. model ‘breadwinner’ prevailing a reflect dependent and husband working a with conflict in resulted has This ‘housewife’. who caregivers and parents working for the in responsibilities balance to struggle supports. institutional significant of absence Certain policies have been developed to the conflict, enable workers to reconcile but as we saw in chapter 1 these are available in a minority of workplaces et al. (2003) found that these and Drew aimed almost arrangements were exclusively at making the workplace facilitating ‘family-friendly’ (e.g. through part-time working). Hence the Irish uptake of flexible working arrangements has The fact tended to be highly gendered. that certain policies have been availed of almost exclusively by women has helped to solidify the belief that the relationship between the labour market and the family is solely an issue for mothers of young and consequently not applicable children to all workers. in terms of occupational segregation, segregation, of occupational in terms work and reconcile and the need to the need to actually family life. Of course, work is also an equal pay for equal ensure can be said In general it important factor. return on a poorer receive that Women because of the nature their human capital because they and of gender segregation discrimination. experience direct
Workplace Equality in Ireland 2008
Congress 16 Workplace Equality in Ireland 2008
Congress 17 2.4 Childcare issue concerns A related access which is also of critical to childcare of an equal important to the development workplace. Consistent Quality GovernmentWhile recent policies have been helpful in the short term in terms of childcare of stimulating the provision places and in helping to subsidise costs, they have not moved childcare any closer to having the kind Ireland integrated national of comprehensive, facilities evident of childcare programme countries such in some other European as France and Denmark. The funding budgets, to provide allocated in the recent capital grants and staffing grants have gone and will continue to go primarily and also to to private sector childcare the variety Yet, community based groups. is enormous and of kinds of childcare one must ask how consistent can the e.g. working from home/reduced hours/ home/reduced from e.g. working compatible not seen as flexitime are posts. There with holding management willing to models is a paucity of role behaviour and a display any contrary fear of alternative working patterns. The points to a genuine concern research in to a WLB culture about the transition by example, terms of: demonstrating, the fear how it might work; overcoming assistance of the abyss; and providing who seek for managers (and their staff) to avail of alternative patterns. working is abundant evidence that policies There not enough in supporting WLB are take-up and themselves to ensure trust and acceptance. It will require balance, courage to champion work-life not just at management level.
Expectations are changing about about changing are Expectations no is It father. good a be to is it what is father the that presumed longer role his that or breadwinner sole the wage weekly the provide to simply is that presumption a is There packet. present be to want will father today’s be to children, their of birth the at and them with involved emotionally their in interest take to subsequently housework the share to and schooling (Commission on the Family, 1998). (Commission on the Family, on reconciling work and family life and and family life work on reconciling have concentrated traditionally they The Commission exclusively on women. this focus as on the Family criticised of men in role ignoring the changing stating that: society, in countries such as Norway, Workers of greater Sweden and Finland can avail such as public supports to parents/carers, it Hence they find State funded childcare. their jobs significantly easier to combine with their family lives. Not coincidentally, these countries also have a much higher level of gender equality in the workplace 2002; 1992; Leira, 2004; al., et (Fine-Davis 1986; 1990). Thus, workplace Walby, policies can eliminate or perpetuate poor working conditions, work-life (im)balance and gender pay gaps as well as gender and stratification. segregation (Drew supported by Congress Research greatest the that found 2007) Daverth, and to supporting issue to arise in relation work-life balance in practice was the that runs existence of a workplace culture counter to attempts to achieve WLB in the form of: ‘long hours’ and, its corollary, shows that The research presenteeism. these work patterns not conducive are of young to WLB – not just for parents but for all employees. In such children a climate seeking WLB arrangements extent to which fathers take up their caring their up take fathers which to extent up mothers thus freeing responsibilities, potential in the workplace. to achieve their challenge facing greatest That may be the family friendly policies in us as we frame (Ibid., p. 85). the future” attitudes of male workers It is evident that not issues are work-life balance toward less are yet fully understood. While men such as likely to take up flexible options research part time work and job sharing, of has shown that 82% of Irish fathers would like to spend more young children et al. time with their families (Fine-Davis that further 2004). It is thus apparent on male attitudes in-depth research the needs to be conducted to examine conflicts and contradictions apparent still do among male working fathers. We men to not understand how to facilitate to sharing of domestic contribute more given responsibilities and childcare time wish to spend more their apparent we need with their families. Secondly, of to learn about the attitudes more in order senior managers and their staff to understand how to facilitate greater flexibility of working patterns among male at all levels. and female staff One of the ways that men can contribute their participation is through to childcare centres. in child care as professionals non- This would also help to promote models in the childcare role stereotyped to foster the development sector in order attitudes and of egalitarian gender role By seeing men in behaviour in children. at such an early stage children caring roles will begin to develop fundamental ideas including the notion that men of equality, in Recent pilot research can be carers. has shown that having in this area Ireland as workers is perceived male childcare and managers, parents, positive by centre (Fine-Davis, children most importantly, quality of such a diversity of childcare of childcare such a diversity quality of concern be? This is of particular provision of inspections findings given the recent of report In a recent centres. of childcare centres of childcare health inspections the country numerous throughout emerged (Irish Times,worrying things worrying 2006). Another 28 November, in policy childcare aspect of current sector, is that in the childcare Ireland It is not required. no qualifications are necessary to have any formal currently or work qualifications to own, manage It is estimated in Ireland. in childcare are in Ireland staff that 30% of childcare 2006). without any qualifications (OECD, Cost In addition to the need for consistent national a coordinated quality through issue of cost the strategy, childcare costs in Ireland Childcare still remains. of working consume a higher proportion earnings EU parents’ than in any other so high costs are member state. Childcare lower that people, especially those on wages, have to spend a very significant of their take-home pay on proportion five costs increased Childcare childcare. times the rate of inflation over the two year late 2002 to early 2005. period from of Role The Men in Childcare has shown consistently that Research within dual earner couples men do not contribute to the domestic and childcare tasks as much as women do and women consequently have a significantly greater 2001; Villa, 2002; (Eurostat, dual burden Fine-Davis, et al., 2004). This undoubtedly contributes to the twin track system in likely to choose, more which women are flexible arrangements of necessity, Humphreys involving shorter hours (Drew, 2003). As O’Callaghan points and Murphy, out, “Further advances by women and mothers in particular may depend on the
Workplace Equality in Ireland 2008
Congress 18 Workplace Equality in Ireland 2008
Congress 19 However, these classes are not optimally not are these classes However, the needs of this age designed to meet and adult:child and the class sizes group very classes “compare ratios in the infant the optimum group unfavourably with years for early research by sizes identified 1997, and O’Flaherty, settings (Hayes adult:child ratios in p. 37)”. The average 1:26, whereas 1:25 or these classes are of the optimum is 1:8 with class sizes 15. Concern class sizes and about the ratios have also been raised staff:child the by the OECD (2006). Moreover, is more curriculum is not play based and like “school” than preschool. infant In spite of the limitations of the in classes, which need to be addressed classes any case, these existing infant be built could be seen as a beginning to developing toward upon and improved of infrastructure a national preschool A new programme the highest quality. the 3 – 5 could be specially designed for involving an educational year age group, imbedded in programme pre-school environment pre-school An ideal play. in terms of child development needs, staffing, curriculum, child-staff appropriate for this age- ratios, etc. could be created based on the best internationalgroup, a and practice. In this way, standards curriculum could high quality preschool be incorporated into the mainstream educational system to benefit large In developing such a numbers of children. the experience of the Early new approach, operating in currently Start programme, of social disadvantage schools in areas should be drawn upon, as well as for Early Childhood that of the Centre Development and Education (CECDE), the Department of Education and Science, and the Office of the Minister for Children education and pre-school other childcare year of of a free experts. The proposal year olds education for three preschool O’Dwyer, McCarthy, Edge, O’Sullivan, & Edge, O’Sullivan, McCarthy, O’Dwyer, The value and importance Wynne, 2005b). workers has as childcare of including men by the NESF also been recommended Report on Childcare. (2005) in its Forum piece in the overall This is a critical gender traditional strategy to overcome dual burden and the persisting roles the through It is only which women carry. at an development of ideas of equality children early age that male and female up with notions of sharing and will grow home. equality in the workplace and the the of the main problems one However, not are identified is that there research to pursue enough men coming forward (Fine-Davis et al, as a career childcare necessary 2005b). It is clear that it will be in schools to target young men – probably childcare. – to encourage them to go into in the already Those men who are find it very satisfying. However, profession it was necessary for them to overcome view that this was a the stereotyped that has shown job. Research woman’s that workers do not perceive childcare is highly valued. This is their profession in low salaries in the profession. reflected All of these issues, together with the need workers, training of childcare for more to provide in order need to be addressed that children the quality of childcare deserve. Best Practice International countries, children In most other European group) aged 3 – 5 (the “pre-school” for in pre-school usually catered are écoles maternelles,centres, etc. They favourably at an ideal age to respond are which is to an educational programme for also ready imbedded in play and are of similar aged interaction with groups have the we currently In Ireland, children. infant class in national schools, which aged four and five. cater for children ways to optimise provision of childcare for for of childcare optimise provision ways to advantage of a A major working parents. is that in addition such as this programme requirements childcare to meeting the an provide it would of working parents, course for children, excellent foundation and children especially disadvantaged long term development contribute to their to participate their ability and, in the future, in education and employment. The childcare needs of parents with children aged 0-2 are also not adequately being met. As the OECD (2006) points out, “services for children under 3 have often been seen as an adjunct to labour market policies, with infants and toddlers assigned to services with weak developmental agendas . . . A challenge exists in many countries to focus more on the child, and to show greater understanding of the specific developmental tasks and learning strategies of young children” (p. 16). In this context, there are many examples of innovative approaches to childcare in other EU countries which ideally should be researched with a view to possible replication. These include good models of integrated or ‘wraparound’ services linking community based early educational services (or childcare) to preschool services and back into afterschool services – such as the Surestart initiatives in the U.K. The Dutch have been notably successful in designing model facilities which help parents to combine work and family life by providing one-stop centres where not just childcare but other services are available, such as after-school care (Mol, 2002). The Netherlands is also one of the few countries where part-time employment is common for men as well as women. There is much to learn from their experience in facilitating work-life balance of working parents here. would tie in very nicely with this idea. in very nicely would tie for four preschool have free already We this would add a third and five year olds, comprehensive a more year and give us programme. educational preschool existing an of re-organisation This contribute significantly could programme key this of needs pre-school the solving to tier additional an adding without group, age already is infrastructure The bureaucracy. of public The country. the throughout there available childcare quality this of provision other augment would schools local in all to enabling thus facilities, childcare existing create would It choice. have to parents and places childcare needed additional which childcare accessible free, provide quality. educational high consistent of was in training receive could teachers Existing teachers new and education pre-school relevant the through it receive would are There establishments. educational at curriculum the review to moves currently Ireland in education primary of stage this document discussion the particularly - Council National the by published recently [NCCA] Assessment and Curriculum for Learning’ Early for Framework a ‘Towards need the identifies document This (2004). practices educational early of review a for and years 6 to birth from children for and discussion for basis the form may forward go to way best the on agreement nationally. it would be possible to pilot such Initially, in a few schools. The aim a programme a model childcare would be to create educational which would provide facility, Such a as well as day care. child care facility would provide model childcare with parents’ to synchronise child care care. working hours and after-school in which the City and This is an area Committees could County Childcare in form linkages with the new pilot project
Workplace Equality in Ireland 2008
Congress 20 Workplace Equality in Ireland 2008
Congress 21 Putting in place and equality policy that Putting in place and equality policy sets out this commitment to equality in and standards they seek to achieve this regard; training Providing equality and diversity to all staff to develop their skills and awareness to implement the equality policy effectively; Implementing and equality action plan with the objective of achieving full equality in practice for employees from across the nine grounds covered in equality legislation. This plan is based on a review of the equality situation in the company and of company policies, procedures and practices for their impact on workplace equality. approach is also required in embedding in embedding required is also approach equality in an organisation. Authority 2006) in Kathy Monks (Equality on the of international research her review equality has usefully set business case for of diversity management out the definition equality to workplace as: “an approach largely from that draws its distinctiveness difference the focus on equality through rather than sameness”. Congress, working IBEC and the Equality Authority, the Equal Opportunities at through the level of the Enterprise Framework and supported Committee have promoted to managing diversity based an approach on a planned and systematic approach This involves to workplace equality. employers: • • • pursued is most effectively This approach as a partnership between employers and trade unions. the Irish workplace Since the early 1990’s, has undergone a huge expansion but also diversification. The first significant 2.5 Workplace culture 2.5 Workplace and cultures Organisational structures, a major impact – for good practices have the equality agenda. or for bad – on and assumptions The norms, values in play a major role within a workplace the development facilitating or inhibiting in principle equality agenda, of a strong the role and in practice. In considering it is important of workplace culture, to understand that informal networks can be a means to avoid, and cultures subvert or counter formal organisational commitments to equality. social Organisations do not work in a and political vacuum and can reflect and political biases social prejudices of society at large. Such a workplace can lead to discrimination, sexual culture can set harassment or harassment or issues the parameters that make these and culture Organisational likely. more socialisation into it, is thus a powerful a positive or a negative element in creating This means that climate for inequality. of a culture organisations need to create compliance vis-à-vis equality and a culture that values diversity and is committed to They need to engage vigorously equality.. to create with informal workplace cultures, values and common understandings comfortable with equality more that are than with harassment and discrimination. Clearly trade unions and other workplace to play here. organisations have a key role In terms of embedding equality within a a focus on the legal workplace culture to avoid aspects and the requirement discriminatory acts is an important starting can become purely point. This approach tokenistic if it is contradicted by informal It is now widely workplace cultures. believed that a ‘managing diversity’ Research published by the Equality by the Equality published Research NCPP has quantified the Authority and the and equality strategies impact of diversity and Labour productivity in increasing in decreasing innovation and product employee turnover. Commission as the European However, ‘for diversity strategies (2003) indicates, to succeed, they need to overcome an overriding obstacle that is common in to most businesses – opposition the workplace’ (: 6). The conclusions indicate that, companies of the report the management of should approach ‘culture diversity in the workplace as a A key point made in change process’. unions, is that ‘support from the report groups works councils and other staff for or networks, is another prerequisite successful implementation of diversity Commission, 2003: policies’ (European need to 6). The workers’ representatives key stakeholders in the be considered equality and design and implementation of diversity strategies in the workplace. Over the last decade, the pervasiveness and the cost of sexual harassment has concernbecome a growing at the national and international level. In the European Union, 40-50% of women have reported some form of sexual harassment at the the nine workplace. Harassment across has also been highlighted as a grounds The concern by the Equality Authority. first code of practice published by the to addressing equality authority relates sexual harassment and harassment in the workplace. Sexual harassment and harassment are under the Employment Equality prohibited liable for the acts of Acts. Employers are They have their employees in this regard. they have taken practical a defence where the discrimination and or steps to prevent Performance in existing markets Access to new markets Access to labour Cost reductions: litigation and legal costs, reduced labour turnover, and lower absenteeism Easier to adapt to change Marketing image Good reputation with government and Good reputation with government other stakeholders Innovation and creativity Improved image – easier to recruit Access to a talented workforce However, the presence of diversity in the the presence However, workplace is by no means a guarantee for these benefits, diversity success: ‘to reap (D’Netto must be managed effectively’ and Sohal, 1999: 538). • • • Short and medium term • • • • • • transformation was caused by the was caused transformation The the labour force. feminisation of later transformation of the second slightly caused by the growing workplace was internationalisation of the workforce, A further onwards. the mid-1990’s from ageing involves in progress transformation of the workforce. organisation The impact of diversity on the and its employees has been extensively in the business studies researched 2000; Bacharach et al., (Richard, literature 2005). The benefits include Long term •
Workplace Equality in Ireland 2008
Congress 22 Workplace Equality in Ireland 2008
Congress 23 steps to tackle obstacles to the realisation to the realisation tackle obstacles steps to of promoting A practical means of equality. for by provided equality of opportunity on public the Act is the requirement up an Equality Plan. authorities to draw duty on public has been a statutory There up a Gender Equality bodies to draw and the 2004 Equality Plan since 1995, to produce a requirement Act introduced a separate plan on race and ethnicity for Strategy and Evaluation (Centre is Services, 2007). This positive duty The Helsinki City Authority enforced. under the 2004 Act to was required an equality plan on race and produce Internal ethnic background. guidelines, were setting out minimum requirements, by drawn up for each of the departments Human Resource Helsinki City Authority’s of the department in October 2004. Each Authority six departments within the City (social services, education, housing, resources) human and employment health, up their own equality plans, then drew which combined into an overarching Equality Plan for Helsinki City Authority to containing 25 separate measures Each equality of opportunity. mainstream department must submit an annual outlining progress report progress in delivering the Equality Plan. The is seen submission of an annual report as important and valuable in highlighting has been made progress where areas further where and identifying areas action needs to be taken. Performance monitoring is largely qualitative, but there performance using plans to measure are quantitative and qualitative indicators. In Canada, federal equality legislation imposes a “duty to accommodate” upon all public and private bodies across that the equality strands. This ensures compliance with the legislation requires action. Equality strategies proactive in the public sector complement this to deal with the incident. At a minimum At a minimum the incident. to deal with include a policy on such steps should harassment and combating sexual with any to deal harassment, procedures arises and initiatives to such incident that that policy and ensure disseminate the the enabled to implement are all staff not that does A workplace culture policy. values diversity tolerate discrimination, is key to and that is committed to equality sexual from ensuring the workplace is free harassment and harassment. A common theme across the range of A common theme across the studies commissioned by Congress in approach is the need for a broader equality. equality legislation to achieving the As we have identified in this chapter, structural and causes of inequality are the current multi-dimensional. However, to the implementation of approach individual equality legislation is based on by by workers affected cases brought discrimination, sexual harassment or harassment. A number of organisations, have including the Equality Authority, would be a value in moving argued there positive obligation on a more towards equality including a employers to promote on employers to be planned requirement to and systematic in their approach workplace equality. has been adopted in a This approach number of other jurisdictions. They can the public sector towards be directed as is the case in Finland, Canada, the United Kingdom, and Northern for Ireland example. Under the 2004 Equality Act, Finnish public bodies have responsibility equality in all to systematically promote their activities as well as to take remedial 2.6 A broader approach to 2.6 A broader approach equality due regard to the need to promote to the need “due regard all the ” across equality of opportunity disability, including equality grounds, and also political age, sexual orientation out their public functions belief, in carrying A duty to promote (McCrudden, 1999). in respect is imposed good relations belief. To and political of race, religion all Authorities to this duty, give effect required to which the duty applies are an “Equality Scheme”. This to prepare Scheme sets out the impact assessment, and monitoring, consultation, training information access arrangements, of equality including the preparation the impact assessments (EQIAs), that Authority intends to take to implement Impact Assessments Equality the duty. to be carried out on policy-making are and the outcomes of impact assessment into and consultation must be taken account in policy design and review. must Impact Assessment Statements clearly be published and the legislation included in specified the information to be Impact Assessment Statements. Section 75 thus obliges policy-makers an equality to consider all policies from perspective and to take proactive preventing rather than merely measures potential discrimination. The Northern Equality Commission has set out Ireland detailed guidelines for drafting Equality Schemes and carrying out Equality Impact scheme a with dissatisfied If Assessments. the Northern Equality Commission Ireland the Authority in question to the can refer of State for Northern Secretary Ireland, who can impose an alternative scheme The Commission can also if necessary. investigate the extent of compliance with the duty or with a specific scheme, as well as investigate complaints about non-compliance. If the Authority fails to action recommended to respond by the Commission following such an train their staff on the duties. make sure that the public have access make sure that the public have to the information and services they provide; and publish the results of their consultations, monitoring and assessments; assess and consult on policies they are assess and consult on policies proposing to introduce; monitor their policies to see how they monitor their policies to see how affect race equality; assess whether their functions and assess whether their functions policies are relevant to race equality; Listed public authorities must monitor, Listed public authorities must monitor, on ethnic lines, the composition of their and the ethnic make up of the staff pool of applicants for posts, promotion and training. Those that have more to monitor required are than 150 staff the composition of those involved in and grievance, disciplinary procedures performance appraisals, training and dismissed. those who are The single most extensive positive duty imposed on public bodies is that for by Section 75 of the Northernprovided Act 1998. This imposes a duty Ireland on specified public authorities to have • • • • • requirement. Legislative requirements Legislative requirements requirement. to bite real necessary to give any are initiatives. mainstreaming legislation in England Race Relations supplemented for a general duty provided imposed by the Home by specific duties of public on specific types Secretary to required also are authorities, which a Race Equality Scheme. This produce public bodies to: requires •
Workplace Equality in Ireland 2008
Congress 24 Workplace Equality in Ireland 2008
Congress 25 of employment. Norwegian legislation Norwegian of employment. employers to set out in their requires pay differentials any gender annual reports which action measures and the positive these. This type address will be taken to that recognises approach of proactive not only about individual pay inequality is the rather reflects discrimination but inequalities which of such systemic nature societal often based on broader are and value assumptions about the role It has the value for groups. of different certainty in greater employers of providing to pay obligations and removing relation payments the uncertainty of retroactive it also 2002, S106). However, (Weiner, cost burden involves an administrative and independent on employers. A recent that a of UK law recommended review pay should similar positive duty to review 2002). be set out in law (Hepple et al., of the Independent Review The report that employers with more recommended be than 10 full-time employees should audit obliged to conduct a periodic pay full- years) covering both (once every three and part-time employees, and to publish and to report, this in the company’s inform employees or their representatives. If, following an audit, an employer found a significant disparity between female and predominantly predominantly male job classes, it would be obliged to draw up a pay equity plan in negotiation with trade unions with a view to reaching no union or where a collective agreement, after consultation with is recognised, The employees or their representatives. of an employer to conduct an audit failure would be admissible in evidence in any for pay discrimination, and proceedings the tribunal would be entitled to draw an this fact, having from adverse inference to the size and administrative regard of the employer. resources investigation, the Commission can refer can refer the Commission investigation, for State. Secretary the matter to the (2002) highlight the Escott and Whitfield statutory duty in Northernbenefits of the helped to identify They state it has Ireland. and to raise the profile gaps in social data, equality issues. of gender and other well requires duty positive effective An monitoring and support resourced Commission Equality The institutions. approximately has Ireland Northern for range full a across working staff 150 consultation Furthermore, functions. of the to key as regarded processes, need duty statutory the of effectiveness to resourced and targeted well be to being those of capacity the that ensure of experience The enhanced. is consulted and Wales in duties statutory implementing for need the demonstrate also Scotland monitoring and action for support guidance, clear require duties Positive outcomes. templates. reporting and guidelines established Positive duties have also been for public and private employers in For example in to pay equality. relation than Ontario all employers with more to examine required 10 employees are their pay determination systems and, found, to rectify if any inequalities are 2002). these (Gunderson, 2002; Weiner, Similarly the Swedish Equal Opportunities that employers who employ Act provides to required are ten persons or more survey annually and analyse pay practices a plan and to prepare and differentials of action for equal pay (Plategna and 2006). Under Finnish legislation Remery, on equality between women and men, on 1 June 2005, which came into force an employer must draw up a gender equality plan in cooperation with staff when employing at least 30 workers on a basis. The content of the gender regular equality plan covers pay and other terms 3.1 A positive duty to achieve duty to achieve 3.1 A positive equality organisations Positive duties, require to give due consideration to equality service concerns in employment policy, used delivery and policy design. They are proving in many other jurisdictions and are of equality. important in the promotion two types of positive duty, are There the state in its public that which requires to integrate equality into service provision and services its policies, programmes the private sector and that which requires to implement a planned and systematic This is a logical to equality. approach strengthened objective that is greatly by the evidence for business benefits of equality the presence arising from policies in the workplace. (O’ Connell, & Russell, 2005; Monks, 2007; and Flood we need to define et al, 2008). In Ireland to the a set of obligations to give effect equality in the to promote requirement workplace and in public services. Positive
Although Ireland has comprehensive equality legislation both in the area of employment equality and in the provision of goods and services, accommodation and education a wide range of inequalities still persist. The studies carried out for Congress indicate a range of areas in which specific changes to the legislation are required and these are discussed below. A key issue identified by Congress is the need for a more proactive approach to implementing equality and, in particular the need for a positive duty requiring private sector organisations to be planned and systematic in their approach to equality and for public sector organisations to have due regard to equality in carrying out their functions and the need to further develop a support infrastructure to assist organisations in implementing this proactive approach to equality. 3 / Recommendations
Workplace Equality in Ireland 2008
Congress 26 Workplace Equality in Ireland 2008
Congress 27 Promote the elimination of discrimination in these areas through equality the effective implementation of legislation. This requires additional investment in the equality infrastructure Equality to eliminate the backlog in the Tribunal and to enable the Equality range of Authority to implement the full its powers and to expand its advocacy services. Further investment should also be made available to increase and develop trade union advocacy services; The financial limits on compensation for cases in relation to access to employment have been highlighted as a particular barrier to the dissuasive impact of equality legislation. They should be removed; Further expand and invest in the positive action measures developed to secure employment for Travellers in the public and civil service and in South County Dublin Council. These positive action measures should be further evolved to support these Travellers who have secured such employment to progress their careers; Review current labour market programmes and employment services for the employment outcomes they implemented with the Equality Authority Authority with the Equality implemented and monitoring standards establishing and NGOs enabled to take trade unions and actions. enforcement to the workplace3.2 Access and promotions in the to access and promotion In relation to: workplace it is recommended • • • • duties are legally based requirements based requirements legally duties are A positive equality. to act to promote to act organisations duty would require measurable ways to achieve specifically in full equality in practice. A Model of Duty Effective Positive public a would require A statutory duty equality as a core body to establish that it give and require responsibility, This equality. to promoting “due regard” could also include a duty to promote be Good Relations. Authorities would steps to to take appropriate required and victimisation in the counter prejudice community at large, a duty to promote This duty “good community relations”. The enforced. should be effectively and Equality Authority should establish for its implementation. monitor standards and NGOs should be Unions Trade actions. enabled to bring enforcement Meaningful and inclusive consultation, groups, all affected which reaches the effective is crucial to ensure The implementation of this positive duty. of consultation should also be results genuinely incorporated into the equality impact assessment. This should form part of the duty on public sector organisations. Extensive training and an efficient all necessary exchange of information are set that this proposed to make sure of equality duties do not fall into the trap. “process” would sector private the for duty positive A organisations to implement legally require planned and systematic approaches on outcomes. to equality and report the work done by This would reflect the Equal Opportunities Framework Committee in defining a planned and A to equality. systematic approach should be regime similar enforcement and research and research 2 In the gender area, such research is currently being is currently such research In the gender area, carried out by the ESRI for the Equality Authority. should be carried out in those areas which should be carried out in those areas have not been studied to date drawing, possible, on existing data sources where such as EU-SILC, the QNHS and the National Employment Survey. choices Education Russell et al (2005) have shown that the factors behind the gender pay gap can begin at the junior cycle of secondary 2 an equal pay programme (May 2005) (May pay programme an equal wage disparity the which aims to reduce and men by at least between women by the year 2015. points five percentage measures includes The programme systems focusing on remuneration collective bargaining and on wage and gender the redressing policies in general, dominated by imbalance in industries development of men or women, career equality women, temporary work, gender family planning, harmonising work and the compilation of statistics life, improving of and enhancing the social responsibility A similar businesses and organisations. in level of commitment will be required unequal pay. to address if we are Ireland policy This should include a range of discussed below. which are measures Research the to relation in available is research While extent, gender pay gap and, to a lesser to nationality and disability pay in relation and is an absence of research gaps, there covered analysis on many of the grounds by the Employment Equality Act. If we to identify the factors which need to are it is essential that policy be addressed organisations makers and interested should have this type of basic information. should be existing research Therefore, basis to identify pay updated on a regular (and new avenues of research gap trends necessary) where explored ensure that both the public and private ensure that both the public and sectors implement policies to support the recruitment and retention of people with disabilities, which are rooted in a knowledge of the capabilities of people with disabilities. enhance the capacity and training effectiveness of the education, and employment system – active that labour market policy – to ensure people with disabilities are equipped the to compete for employment in contemporary labour market and of to benefit from future patterns occupational growth; remove disincentives and benefit remove disincentives and benefit of traps arising from the operation that the welfare system and ensure possible, transitions to employment are financially rewarding, and sustainable; are securing for Travellers and develop and develop for Travellers are securing plan to enhance the a national action programmes and capacity of those such outcomes for services to achieve Travellers. • • In relation to disability, it is recommended it is recommended to disability, In relation to: • Because unequal pay is caused by a wide factors, a co-ordinated range of different will be needed to range of measures of gender, pay gaps. In the area reduce Strategy National Women’s the recent clearly identifies the gender pay gap as specific on it is less However, a priority. the steps which will be taken to address it. This is in contrast to the approach in some other EU countries. In Finland, for example, the government published 3.3 The equality pay gap 3.3 The equality pay
Workplace Equality in Ireland 2008
Congress 28 Workplace Equality in Ireland 2008
Congress 29 – There is is There – Group actions – Given that unequal pay Group is a systemic rather than an individual multi- to allow group issue, procedures in party claims should be introduced to equal pay claims drawing relation by recommended on the approach the Law Reform Commission for such claims in the general courts (LRC, 2005) and trade unions should be allowed to initiate an action on behalf of a complainant. Right to information – the Employment Equality Act should be amended to include a clear right to information. Developing the case law case the Developing law case the develop to need a clearly under grounds new the to relation in as such Act Equality Employment the how as such Issues disability. and age of basis the on discrimination identify to objective possible and grounds these One specific equality-related issue arises in relation to people with disabilities in sheltered employment. Such workers currently receive welfare benefits topped up by the ‘employer’. Congress has consistently called for this system to be replaced by one of proper pay and employment conditions. A draft code of practice was drawn up under social partnership agreements but has yet to be finalised. It isrecommended that the code of practice should be agreed as a matter of urgency. Further steps should also be taken to secure proper pay and employment conditions for these workers. and the law Equal pay equal pay for The need to actually ensure factor. equal work is also an important of This study has identified a number would assist in legal reform where areas the implementation of equal pay: 1. 2. 3. school whereby choices made at that choices made at school whereby men and women stage lead young Similar issues are careers. into different of persons children likely to apply to of the other equality falling within some (i.e. colour, including race, grounds origins), and national or ethnic nationality, community. the Traveller membership of experiencing other groups from Children (family inequality such as lone parents and people with disabilities are ground) by (lack of) also likely to be effected highlights educational opportunities. This stages the importance of equality at all terms of within the education system in as life outcomes. It also shows that, future the education in that study, recommended that students are system needs to ensure to a given information about and access transition wide range of subjects at each college point (junior cycle, senior cycle, level students be entry) and that third a with access to information on provided wide range of employment opportunities. work Equality at The studies clearly show the extent to by issues which equal pay is affected such as work experience (or lack of it) The length and occupational segregation. of work experience is, in turn, to related of work factors such as the reconciliation and family life and policies to support women returning to the labour force. work and Thus policies to reconcile and maternityfamily life (such as parental and flexible working leave, childcare arrangements in the workplace) and women returning to reintegrate measures should form an to the labour force to important part of a strategic approach the gender pay gap. Policies to reducing in employment gender segregation reduce would also be an important component gender pay of a strategy to reduce inequalities.
3 As argued above, such inequality of pay would of EU law insofar as EU appear to be in breach nationals (or others falling within the scope of EU law) by persons not covered concerned.are However, at present EU law would appear to have no remedy under national law. agreement of the draft EU directive of temporary agency workers. Flexible working arrangements should Flexible working arrangements available, so that be made more their can better synchronise parents working times with their childcare and so that other groups responsibilities experiencing inequality can access they the flexible working arrangements in and need to enable their participation Equality contribution to the workplace. employers to legislation should require make available such flexible working result arrangements unless they would on them. burden in a disproportionate Employers and trade unions should take up by men of flexible promote working patterns. It should be clear that this includes men in management positions as well as other positions. leave should A system of paid parental that at least to ensure be introduced is with the child during its one parent first year. A system of paid paternity leave should also be introduced The practical support developed Balance the Worklife through 3 3.4 Work-life balance 3.4 Work-life in this needed are A range of measures and including both the promotion area within firms and the support of WLB at policies effective more establishment of national level. 1. 2. 3. 4. 5. – – The position of International experience would suggest that a more proactive approach could make an important contribution to achieving equal pay. It is recommended that employers with more than 10 full-time employees should be obliged to conduct and publish a periodic equality pay audit. Where an audit showed a significant disparity between groups covered by the equality grounds, the employer would be obliged to draw up a pay equity plan in negotiation with trade unions. The failure of an employer to conduct an audit should be admissible in evidence in any equal pay claim. Such audits should draw on the experience already gained through the equality reviews and action plans supported by Equality Authority. Agency workers agency workers is one area where blatant inequality can still remain between national workers (employed by a company itself) and non-nationals (employed by an employment agency) who are doing precisely the same work but receiving different This pay. is not a conceptually difficult issue and could be addressed by a simple amendment of the Employment Equality legislation and/or by A more proactive approach justifications clearly raise important important raise clearly justifications of development The issues. conceptual assisted be might area this in law case in approach the into research legal by to limited (albeit and jurisdictions other will there addition, In level. EU at date) develop to continue to need a be clearly understanding tribunals’ and courts’ the appropriate as such concepts of and discrimination, indirect comparators, be might this Again justification. objective seminars. and research legal by assisted 5. 4.
Workplace Equality in Ireland 2008
Congress 30 Workplace Equality in Ireland 2008
Congress 31 3.5 Childcare 3.5 Childcare Many of the approaches which the Government has introduced in recent years to address the childcare crisis have been useful in the short term. The Government has succeeded in providing more childcare places and has created local bodies (City and County Childcare Committees) with responsibility for certain aspects of childcare co-ordination and Thequality. Government has also helped to make childcare somewhat more affordable to parents and it has increased paid and unpaid maternity leave. These are positive steps. aHowever, longer- term comprehensive strategy is required, which more successfully addresses the issues of affordability, consistent quality and provision of accessible childcare, that synchronises with the real work schedules of working parents with children of different ages at different stages of childcare. supported consistently has Congress infrastructural national a of notion the As childcare. in investment and changes to has care out, pointed has Congress holistic and “strategic a in approached be national a of creation the with fashion urgent an now care’ of ‘infrastructure assume must care terms, policy In priority.” that to similar good’ ‘public a of status the The 2006). (ICTU, education” by enjoyed happen will what concerning predictions to coming already are this do to fail we if labour our and falling is rate birth Our pass. increasingly met being already are needs been has it However, workers. migrant by soon migrants that societies other in seen host the of patterns fertility the to adapt will rate birth falling the thus and country the unless country this for problem a be still through reduced is children having of cost childcare public as such mechanisms Framework Committee to support Committee Framework planned more enterprises to develop to WLB approaches and systematic and expand to meet should continue funding demand. Adequate increased available for this work. should be made needed are WLB Campaigns promoting benefits to of the to raise awareness employees and employers of flexible promote working arrangements and to of such arrangements. the provision The work of the WLB Framework this Committee should continue in with a particular emphasis on regard important that increased It is WLB day. funding be made available to the wok Committee to further develop this and maximize its impact. is evidence that the working There in excess of hours of many workers are Working those permitted under the EU It is essential to secure Hours Directive. of health and compliance on grounds (and safety; for societal/ethical reasons of productivity). indeed on grounds Information and Communication can facilitate working Technologies is a need for a home. There from Code of Conduct/Guidelines to eliminate intrusive and excessive use for example, limits on of ICT through, outside office hours contacting staff on land line and mobile phones. More positively organisations could pilot flexiplace/teleworking by providing employees for stations Broadband/work to use in their homes, with the clear message that this should not be used to lengthen the working day. 6. 7. 8. ordination between the national schools the national between ordination County Childcare and the City and Committees. would be re-directed Exchequer funds services universal free to providing of children the country for throughout parents. employed and non-employed be encouraged men should Young guidance career in schools through as a counsellors to consider child care profession. should Government resources training of professional strengthen workers and salaries of these childcare to a workers should be increased value to level commensurate with their society. 3.6 Workplace culture 3.6 Workplace to equality in the workplace The approach needs to be a twin-track one that focuses equally on the formal legal domain and the informal workplace Only a joined up strategy like this, culture. implemented with vigour by all elements of the partnership will be successful. The norms, values and assumptions shared in within a workplace play a major role facilitating or inhibiting the development equality agenda, in principle of a strong and in practice. Thus equality and diversity policies and practices need to include in their scope employees at all levels of an organisation, including agency workers. of trade unions in the The presence workplace is a positive asset. The involvement of workers in workplace decision-making can support a proactive culture. pro-equality 5. 6. 7. A new national approach to childcare to childcare A new national approach be taken, which involves the development of a national childcare This could be based on a infrastructure. and extension of the existing re-design infant classes in the national schools, catering for four and five year currently the olds. The extension would involve year olds, so that inclusion of three age to five year preschool the three would be accommodated in this group national programme. child ratios would be The staff: to be in line with best improved international practice, as would the class sizes. The curriculum would to the to be appropriate be revised age group. preschool would be developed care Wraparound so that the start and finishing times with parents’ would synchronise working hours. This would give parents would choice, so that some children attend for fewer hours and some would for for a longer part of the day. be cared would also be After school care in these local facilities provided national schools, with built around connecting ancillary services as This would involve co- necessary. facilities. Were there a national programme programme national a there Were facilities. consistent of facilities childcare public of Given guaranteed. be could quality high childhood early quality of benefits the high centralised a of lack the education, policy social serious a is programme quality and children for implications with deficit parents working for development, their for and needs childcare their meeting in problems. social later preventing in society it is On the basis of these conclusions, that: recommended 1. 2. 3. 4.
Workplace Equality in Ireland 2008
Congress 32 Workplace Equality in Ireland 2008
Congress 33 Planned and systematic approaches Planned and systematic should be to workplace equality supported at the stimulated and The Equal level of the enterprise. Committee Opportunities Framework important supports has developed demand is in this regard. However to outstripping supply and resources to this committee should be increased address this deficit. Equality legislation should be amended to further support a valuing of diversity and an accommodation of diversity in the workplace. The reasonable accommodation requirement on the disability ground provides an important model in this regard. These requirements on employers should be extended to apply in relation to all nine grounds covered by Equality legislation. On a number of occasions in recent years Equality Officers have stated that they felt constrained in particular cases of sexual harassment by the limits on compensation set in the Employment Equality Acts. These financial limits on compensation should be removed. It is recommended therefore that: therefore It is recommended • • •
Additional references of Diversity - A Comparative Pioneer’s out Analysis of Equality Reviews carried Pact Equal under the Dublin Employment Project (Dublin Employment Pact at Work 2007) (online edition: http:// www.dublinpact.ie/PDF/Pioneers%20 of%20Diversity%20Report.pdf Project: Building an Irish Equal at Work Labour Market based on equality and diversity (Dublin Employment Pact 2007) (online edition: http://www.dublinpact.ie/ PDF/REPORT07_SINGLE.pdf Hibernian Consulting: Opening Pathways to Employment for members of the Community in South Dublin Travelling County Council (Dublin Employment Pact 2006) (online edition: http://www. dublinpact.ie/PDF/Publications/SDCC%20 Traveller%20Employment%20Report.pdf
This report draws on a number of research research of number a on draws report This as part of studies funded by Congress of Equal its contribution to the EC Year included: These 2007. All for Opportunities M. Cousins Equal Pay; balance and G. Daverth Work-life E. Drew in Ireland; M. Fine-Davis Childcare in Ireland Today; M. Hegarty and R. Munck with M. Doherty and A. McAuley Achieving Equality in Practice; R. Munck and M. Hegarty with M. Doherty Equality: and A. McAuley Workplace Culture and the Law. Workplace website: available on the Congress All are http://www.ictu.ie/equality1 References
Workplace Equality in Ireland 2008
Congress 34 Workplace Equality in Ireland 2008
Congress 35 New Models New Models Flood et al (2008) Patrick Systems: Work of High Performance for Strategic HRM, The Business Case Diversity and Equality Partnership and Authority and Systems Dublin: Equality NCCP. Office (2008) Equality in Central Statistics 2007 Ireland Ursula Barry, Michael Potter, Gráinne Gráinne Potter, Michael Ursula Barry, into non-traditional Healy: Women from North and occupations: Lessons Pact/Belfast South (Dublin Employment (online edition: http:// City Council, 2006) www.dublinpact.ie/PDF/Publications/ WINS%20Equal%20At%20Work%20 Report%20Nov06.pdf) Hibernian New HR Strategies Consultants: An to Promote Equality in Organisations: Pact Evaluation of the Dublin Employment Project (Dublin Employment Equal at Work Pact 2005) [covers the issue of competency employment access through systems] & promotion based recruitment (online edition) Philip J. O’Connell and Helen Russell Workplace (2005) Equality at Work: Equality Policies ,Flexible Working of Work Arrangements and the Quality Dublin: Equality Authority Helen Russell Emma Quinn, Rebecca King-O’Riain and Frances McGinnity (2008) The Experience of Discrimination in Ireland: Analysis of the QNHS Equality Module Dublin: ESRI and Equality Authority Philip J. O’Connell and Frances McGinnity Ethnicity and (2008) Immigrants at Work: Nationality in the Irish Labour Market Dublin: ESRI and Equality Authority Jacqueline Nelson, Frances McGinnity, Pete Lunn and Emma Quinn (2009) Discrimination in Recruitment: Evidence from a Field Experiment Dublin: ESRI and Equality Authority Kathy Monks (2007) The Business Impact of Equality and Diversity: The International Evidence Dublin: Equality Authority and NCCP Workplace Equality in Ireland 2008
Congress 36 www.ictu.ie/equality
Workplace Equality in Ireland 2008
This publication is supported by the Directorate-General for Employment, Social Affairs and Equal Opportunities of the European Commission.