To what extent have employment laws passed in regards to improving women’s rights
in the UK from 1970-2010 been successful in practice?
Table of Contents
Introduction
Equal Pay Act 1970 (EPA)
- Definition of the Act
- Why was the Act introduced
- Successes of the Act
- Failures of the Act
- Evaluation of the Act
Pregnancy and Maternity Discrimination under the Equality Act (PMDA)
- Definition of the Act
- Why was the Act introduced
- Successes of the Act
- Failures of the Act
- Evaluation of the Act
Conclusion
Introduction
‘Law is male because it was made by men’. So Helena Kennedy asserts in her book:
‘Misjustice: How British Law is failing Women’ (2019, p.15). Throughout history, women
have been treated as inferior both by societal expectations and the law itself. This idea of
inferiority is exemplified when an 1895 law made it impermissible ‘for men to hit their wives
from 10pm to 7am’ (Centre for Women’s Justice, 2022) because of the ‘noise’ that
permeated, failing to address the core issue of domestic violence. This iterates the extent
to which Kennedy is accurate in believing that the law which was built on the foundations
,of patriarchal justice does little to benefit women in subservient positions. However, this
statement has nuance.
Over time, it is definite that UK law has aimed to be progressive focusing on inclusion
rather than the previous exclusion. It has sought to protect women from abuse of all forms
and create organisations such as Maternity Action where women are at the forefront. The
emphasis of law being ‘male’ led to a consideration of how a ‘male’ force might have
impacted women’s fights for rights in the UK. This led to the focus on how the law has
impacted women’s roles in employment fields in the UK.
To delve deeper into women’s roles in workplaces in the UK, historical information is
essential. Before the fight for gender equality in workplaces commenced, women needed
to be involved in paid work moving away from domestic work. Women’s employment as
clerical workers in 1870 in the UK marked the beginning of inclusion in workplaces. The
mid 1900s saw the strive for equal conditions for both genders. This priority continues to
be the focus in the modern world. Considering this history allows for the successes
regarding the changes to be assessed.(Tailby, 2018)
The question investigates, ‘To what extent have employment laws passed in regards to
improving women’s rights in the UK from 1970-2010 been successful in practice?’ This
report intends to provide an answer by judiciously weighing up the successes and failures,
stating which are more significant; specifically, the Equal Pay Act of 1970 and the
Pregnancy and Maternity Discrimination Act under the Equality Act of 2010. These selected
laws have been landmarks in establishing that women have rights and continues to play an
integral role for marginalised women in workplaces.
This report outlines what the law entails and considers how events may have impacted the
implementation of the law. Weighing the successes and failures of the law is necessary
because it provides both perspectives of how the law has aided women’s fights for rights
whilst listing any limitations. Finally, the evaluation of the successes and failures of the
laws are integral in deciding if there was an overall success rate. This is the key aim of the
report.
It is difficult to determine if the employment laws regarding women have been successful
overall. Due to my report’s sole focus on two key laws, it would be nonsensical to base an
overall conclusion regarding women’s treatment in workplaces. This is acknowledged,
especially because there are laws passed after 2010 that aimed to improve women’s rights
in workplaces.
Overall, the significance of the research lies primarily in pondering how the laws have
impacted the lives of women not only in the workplace, but outside it too. By
, understanding the success rate of the laws passed, loopholes can be discovered and
solutions emplaced. Moreover, this report intends to make individuals consider how
preconceived notions of gender roles impact the social construct.
By addressing societal preconceptions, a leap towards gender equality in workplaces can
be achieved and forthcoming laws would be more effectual.
Equal Pay Act 1970 (EPA)
What was the EPA 1970?
The EPA (Legislation Gov.UK, 1970) became a landmark piece of legislation by improving
pay equality between men and women. Created to ‘prevent discrimination, for... men and
women’, the Act concerned ten obligatory sections that workplaces must follow
accordingly, conveying that for ‘Men and Women employed in the same line of profession
or work, - under a similar contract- equal treatment of both genders should be adhered to
including both equal pay and work conditions’.
The Act declares ‘that for Men and Women employed on work related as equivalent, terms
and conditions of one sex are not less favourable than those of the other...in which the
terms and conditions of both are determined by the rating of their work’. The emphasis on
‘equivalent’ work is important for the Act, indicating that equal pay is “only” for men and
women that have ‘same or broadly similar work’ (Close the Gap, 2016).
Additionally, The EPA can be effectively categorised concerning: ‘Like work’, ‘Work rated as
equivalent’ and ‘Work of equal value’ (Close the Gap, 2016). For equal pay to be granted,
work rated as ‘equivalent under the job evaluation scheme’ should have similarities in
‘effort, responsibility’. For instance, A man and woman who are Partners in a law firm must
be paid equally.
Why was the EPA 1970 introduced?
Before the introduction of the Act, existing inequalities reigned between men and women
in workplaces. The movement of the Ford Women Machinists saw the change to workplace
systems becoming the main priority. In 1968, ‘187 Women Sewing Machinists at Ford
Motor Plant Company in Dagenham, Essex went on strike’ (UK Parliament, 1968) due to the
low pay that they received compared to their male counterparts despite having equal
skills. They were ‘paid 15% less than the male workers even though they had equivalent
in the UK from 1970-2010 been successful in practice?
Table of Contents
Introduction
Equal Pay Act 1970 (EPA)
- Definition of the Act
- Why was the Act introduced
- Successes of the Act
- Failures of the Act
- Evaluation of the Act
Pregnancy and Maternity Discrimination under the Equality Act (PMDA)
- Definition of the Act
- Why was the Act introduced
- Successes of the Act
- Failures of the Act
- Evaluation of the Act
Conclusion
Introduction
‘Law is male because it was made by men’. So Helena Kennedy asserts in her book:
‘Misjustice: How British Law is failing Women’ (2019, p.15). Throughout history, women
have been treated as inferior both by societal expectations and the law itself. This idea of
inferiority is exemplified when an 1895 law made it impermissible ‘for men to hit their wives
from 10pm to 7am’ (Centre for Women’s Justice, 2022) because of the ‘noise’ that
permeated, failing to address the core issue of domestic violence. This iterates the extent
to which Kennedy is accurate in believing that the law which was built on the foundations
,of patriarchal justice does little to benefit women in subservient positions. However, this
statement has nuance.
Over time, it is definite that UK law has aimed to be progressive focusing on inclusion
rather than the previous exclusion. It has sought to protect women from abuse of all forms
and create organisations such as Maternity Action where women are at the forefront. The
emphasis of law being ‘male’ led to a consideration of how a ‘male’ force might have
impacted women’s fights for rights in the UK. This led to the focus on how the law has
impacted women’s roles in employment fields in the UK.
To delve deeper into women’s roles in workplaces in the UK, historical information is
essential. Before the fight for gender equality in workplaces commenced, women needed
to be involved in paid work moving away from domestic work. Women’s employment as
clerical workers in 1870 in the UK marked the beginning of inclusion in workplaces. The
mid 1900s saw the strive for equal conditions for both genders. This priority continues to
be the focus in the modern world. Considering this history allows for the successes
regarding the changes to be assessed.(Tailby, 2018)
The question investigates, ‘To what extent have employment laws passed in regards to
improving women’s rights in the UK from 1970-2010 been successful in practice?’ This
report intends to provide an answer by judiciously weighing up the successes and failures,
stating which are more significant; specifically, the Equal Pay Act of 1970 and the
Pregnancy and Maternity Discrimination Act under the Equality Act of 2010. These selected
laws have been landmarks in establishing that women have rights and continues to play an
integral role for marginalised women in workplaces.
This report outlines what the law entails and considers how events may have impacted the
implementation of the law. Weighing the successes and failures of the law is necessary
because it provides both perspectives of how the law has aided women’s fights for rights
whilst listing any limitations. Finally, the evaluation of the successes and failures of the
laws are integral in deciding if there was an overall success rate. This is the key aim of the
report.
It is difficult to determine if the employment laws regarding women have been successful
overall. Due to my report’s sole focus on two key laws, it would be nonsensical to base an
overall conclusion regarding women’s treatment in workplaces. This is acknowledged,
especially because there are laws passed after 2010 that aimed to improve women’s rights
in workplaces.
Overall, the significance of the research lies primarily in pondering how the laws have
impacted the lives of women not only in the workplace, but outside it too. By
, understanding the success rate of the laws passed, loopholes can be discovered and
solutions emplaced. Moreover, this report intends to make individuals consider how
preconceived notions of gender roles impact the social construct.
By addressing societal preconceptions, a leap towards gender equality in workplaces can
be achieved and forthcoming laws would be more effectual.
Equal Pay Act 1970 (EPA)
What was the EPA 1970?
The EPA (Legislation Gov.UK, 1970) became a landmark piece of legislation by improving
pay equality between men and women. Created to ‘prevent discrimination, for... men and
women’, the Act concerned ten obligatory sections that workplaces must follow
accordingly, conveying that for ‘Men and Women employed in the same line of profession
or work, - under a similar contract- equal treatment of both genders should be adhered to
including both equal pay and work conditions’.
The Act declares ‘that for Men and Women employed on work related as equivalent, terms
and conditions of one sex are not less favourable than those of the other...in which the
terms and conditions of both are determined by the rating of their work’. The emphasis on
‘equivalent’ work is important for the Act, indicating that equal pay is “only” for men and
women that have ‘same or broadly similar work’ (Close the Gap, 2016).
Additionally, The EPA can be effectively categorised concerning: ‘Like work’, ‘Work rated as
equivalent’ and ‘Work of equal value’ (Close the Gap, 2016). For equal pay to be granted,
work rated as ‘equivalent under the job evaluation scheme’ should have similarities in
‘effort, responsibility’. For instance, A man and woman who are Partners in a law firm must
be paid equally.
Why was the EPA 1970 introduced?
Before the introduction of the Act, existing inequalities reigned between men and women
in workplaces. The movement of the Ford Women Machinists saw the change to workplace
systems becoming the main priority. In 1968, ‘187 Women Sewing Machinists at Ford
Motor Plant Company in Dagenham, Essex went on strike’ (UK Parliament, 1968) due to the
low pay that they received compared to their male counterparts despite having equal
skills. They were ‘paid 15% less than the male workers even though they had equivalent
