Professional Documents
Culture Documents
Society http://wes.sagepub.com/
Published by:
http://www.sagepublications.com
On behalf of:
Additional services and information for Work, Employment & Society can be found at:
Subscriptions: http://wes.sagepub.com/subscriptions
Reprints: http://www.sagepub.com/journalsReprints.nav
Permissions: http://www.sagepub.com/journalsPermissions.nav
Citations: http://wes.sagepub.com/content/18/3/481.refs.html
■ Mike Noon
De Montfort University, UK
A B S T R AC T
This article evaluates the nature and incidence of equal opportunities (EO) poli-
cies in the UK using data from the 1998 Workplace Employee Relations Survey
(WERS 98). The article identifies the types of workplaces that are more likely to
adopt formal gender, ethnicity, disability and age policies. It then assesses whether
the policies are ‘substantive’ or merely ‘empty shells’: first, by evaluating the extent
to which workplaces that have adopted EO policies have also adopted support-
ing EO practices; and second, by evaluating the proportion of employees who have
access to EO practices in workplaces where they have been adopted. On balance,
the ‘empty shell’ argument is more convincing. Smaller workplaces, private sector
workplaces and workplaces without an HR or personnel specialist are identified
as being more likely to have an ‘empty shell’ policy.While unionized workplaces are
more likely to have a formal policy, those policies are no less likely to constitute
‘empty shells’. Finally, the policy, economic and legal implications of the findings are
discussed.
K E Y WO R D S
age / disability / equal opportunities / ethnicity / gender
Introduction
A
charge sometimes levelled at formal equal opportunities policies is that
they are not worth the paper they are written on. Such cynicism has, on
occasion, been substantiated by high profile cases, such as those at Ford
481
Downloaded from wes.sagepub.com at SAGE Publications on January 17, 2011
045547 Hoque & Noon 18/8/04 9:07 am Page 482
(UK), Coca Cola and Microsoft, where company practice fell far short of
espoused values of equal opportunity enshrined in company policies. This cyn-
icism is further compounded by statistical data demonstrating that an increas-
ing proportion of organizations claim to have implemented formal equal
opportunity (EO) policies. This, in turn, has led to the suspicion that such poli-
cies are exercises in image management and that, in practice, inequality persists
within the organization. Moreover, critics argue that EO policies can be a
façade behind which unfair practices, prejudice and inequality thrive (see for
example Hoque and Noon, 1999; Liff and Dale, 1994; Young, 1987). The
argument, in short, is that many EO policies are ‘empty shells’: they contain
nothing of substance or value to the victims of discrimination.
The converse argument is that the growth of formal policies and various
equality initiatives signifies that equality of opportunity has become a main-
stream issue for private sector businesses in recent years, and not simply the
concern of public sector organizations (Jewson and Mason, 1994). Not only are
senior managers in organizations in the UK more willing to adopt EO policies,
but they are also willing to demonstrate their organization’s commitment to
equality by signing up to initiatives such as ‘Opportunity Now’ (formerly
‘Opportunity 2000’), ‘Race for Opportunity’, and ‘Positive about Disabled
People’ (Dickens, 2000). From this perspective, the growth of EO policies sym-
bolizes progress, because it suggests that equality issues are being taken more
seriously. The policies are indeed shells, but they are not empty – within them,
equality initiatives and practices are being developed.
The aim of this article is to assess which of these interpretations stands up
to scrutiny by providing an evaluation of the nature and incidence of formal
written EO policies in Britain. The data used are drawn from the 1998
Workplace Employee Relations Survey (Department of Trade and Industry,
1999). The article is structured as follows. The next section briefly reviews
recent research that has focused on EO policies, and then defines the objectives
of the article. The ensuing sections outline the data, the method of analysis
and the results achieved. A discussion of the implications of the results in the
light of the ‘empty shell’ and ‘substance’ interpretations is presented in the final
section.
As noted above, there has been a growth in the number of organizations imple-
menting formal written EO practices. For instance, in 1991 52 percent of com-
panies had a statement of equal opportunities in their annual reports, yet by
1996 this figure had increased to 83 percent (Industrial Relations Review and
Report, 1991; Industrial Relations Services, 1996). Similarly, 64 percent of
workplaces within the 1998 Workplace Employee Relations Survey claimed to
have a formal written policy on equal opportunities or managing diversity
(Cully et al., 1999).
Adopting a policy does not, of course, ensure the enactment of that policy
in the form of action plans or enhanced opportunities for minority groups. For
example, Industrial Relations Services (2001) found that while nearly three-
quarters of the 208 companies surveyed had a disability policy, only 40 percent
monitored job applications by disability, only 25 percent had arrangements in
place to consult disabled employees and only 53 percent would allow time off
for rehabilitation and treatment. Similarly, a survey of employers in Scotland
(Commission for Racial Equality, 2000) concluded that while over 90 percent
of private sector employers had a written equal opportunities policy covering
race, sex and disability, fewer than half were able to demonstrate that they had
taken practical steps to put these policies into practice.
Case study analysis has also demonstrated the problems involved in trans-
lating EO policies into practice (see, for example, Collinson et al., 1990; Coyle,
1989; McGauran, 2001; Solomos, 1989). Such analysis shows three particu-
larly common obstacles: members of the organization pay only lip service to the
policy; few clear procedures are developed from the policy; and managers are
able to subvert the procedures that are developed (Liff and Dale, 1994).
Furthermore, as Dickens (2000: 157) points out, the adoption of an EO policy
often becomes an end in itself rather than a first step towards equality:
‘Adopting a policy, therefore, does not necessarily indicate an intention to
change the status quo. It can be seen, rather, as a declaration or symbolic rati-
fication of current practice.’
Whether an EO policy is likely to have substance depends largely on the
reasons for its introduction. Jewson et al. (1990, 1992, 1995) argue that orga-
nizations adopt formal EO policies for four reasons, none of which are mutu-
ally exclusive. First, they can constitute a type of ‘insurance policy’ against
future potential problems, frequently taking the form of a statement of legal
minimum requirements to guide management behaviour. Second, they can be
adopted in order to demonstrate that the organization is a responsible employer
because it pursues the spirit of equality as well as the letter of the law. Third,
they can be a direct response to a particular problem within the organization,
identified either internally or as a result of external pressure – from community
groups, the Commission for Racial Equality or the media, for example. Fourth,
they can be adopted for the purpose of commercial advantage – to tap into a
wider talent pool or to expand the customer/client base, for example.
As such, the motives behind the adoption of EO policies can be broadly
categorized as ‘good for business’ or ‘bad for business’ (Dickens, 1999, 2000).
The former category suggests firms adopt policies because of perceived bene-
fits, such as their competitive position in the labour market, better employee
relations and a positive company image. The latter category suggests firms
defensively accept policies to avoid penalties such as tribunal costs, adverse
publicity or investigations by the Equal Opportunities Commission or the
Commission for Racial Equality. The leitmotif of the discussions by Jewson et
al. and Dickens is that where the aim is to enhance either the external or inter-
nal image of the organization, there is a greater likelihood that the EO policy
will constitute little more than an ‘empty shell’. On the other hand, where the
aim is to address a particular concern, for example, a skills shortage or the pro-
file of customer-facing staff, the policy is more likely to be backed up with sub-
stance.
An additional concern, however, is that even in instances where EO poli-
cies are more than just paper exercises, they are often designed to have only a
selective effect. For instance, the ‘Opportunity Now’ initiative has been criti-
cized for failing to have any positive impact on women in non-managerial posi-
tions (Richards, 2001). Dickens (2000: 153) provides the example of how
enhanced maternity provision and career breaks targeted at women who are
‘high-flyers’ help the organization retain valuable, scarce skills, but do not help
those women whose skills can be more easily replaced. As such, the initiatives
become targeted on a sub-set of women in a manner that reflects the needs of
employers rather than the needs of the social group in general. A further cause
for concern relates to the scope for line managers to exercise discretion in terms
of the operationalization of EO practices. This could be particularly problem-
atic for family-friendly arrangements; for example some line managers may be
more willing than others to make the necessary arrangements for employees to
job share or take parental leave. An employee’s access to these practices might
therefore come to depend on the attitudes of their individual line manager
(Bond et al., 2002; Industrial Relations Services, 2000a).
To summarize, the research evidence in Britain suggests that EO policies are
being adopted but this reveals little about their content – some may well be
robust, effective policies of ‘substance’, others may be ‘empty shells’. In addition,
even where policies have the practices to back them up, it is possible that not all
employees from minority or disadvantaged groups will have access to them. This
article adds to the debate by evaluating the nature and content of EO policies
using data from WERS 98. The analysis has three specific objectives:
The data
The data to be used – drawn from WERS 98 – have two distinct benefits. First,
the WERS 98 data are representative of workplaces in Britain with 10 or more
employees, so they provide an ideal opportunity to conduct reliable tests relat-
ing to the overall incidence and substance of EO policies. Second, given that the
WERS 98 data include a survey of employees as well as a survey of managers,
Method of analysis
The aim of the analysis is to assess the nature and incidence of EO policies within
British workplaces, using the following four statistical tests. The first test is
designed to evaluate the types of workplaces that have adopted EO policies with
regard to gender, ethnicity, disability and age. Fifty-eight percent of the work-
places within the sample have a formal written policy on equal opportunities or
managing diversity that specifically addresses equality of treatment or discrimi-
nation on the grounds of gender (hereon referred to as a ‘gender policy’), 58 per-
cent have such a policy regarding ethnicity (an ‘ethnicity policy’), 56 percent
regarding disability (a ‘disability policy’), and 41 percent regarding age (an ‘age
policy’). These frequencies are of interest in their own right. Given that there is
currently no UK law prohibiting discrimination on the basis of age, the lower
proportion of organizations with age policies is perhaps to be expected. Indeed,
it may be viewed as surprising that as many as 40 percent have such policies.
Maybe more surprising is that less than 60 percent of organizations have gender,
ethnicity and disability policies, given the legal obligation to ensure equality in
relation to these issues. It is worth highlighting, however, that the proportion of
employees in workplaces with EO policies is higher than the proportion of work-
places that have such policies. Seventy-four percent of employees are in
workplaces with a gender policy, 74 percent are in workplaces with an ethnicity
policy and 71 percent are in workplaces with a disability policy. This suggests
that such policies are more likely to be found in larger workplaces, a finding
supported by later multivariate analysis (see Table 1).
The analysis concerning the types of workplaces that are more likely to
have adopted a gender, ethnicity, disability and age policy is conducted by cre-
ating dichotomous dependent variables for each of the four policy types. By
regressing these dependent variables onto a range of independent variables
relating to workplace characteristics, it will be possible to identify the types of
workplaces that are more/less likely to have adopted them.1 Table 1 contains a
full listing of the independent variables used.
The second test is designed to investigate the extent to which there is sub-
stance behind formal written EO policies. This involves evaluating the propor-
tion of workplaces with such policies that also have the expected EO practices
in place. Table 2 contains a full listing of the practices relating to gender, eth-
nicity, age and disability asked about within WERS 98 that are used to evalu-
ate this issue. This analysis of the gaps between espoused policy and actual
practice is a key test of the ‘empty shell’ hypothesis. If a considerable propor-
tion of workplaces have adopted formal written EO policies, yet have not intro-
duced the types of practices that would be expected of an equal opportunities
employer, the implication will be that, within these workplaces, EO policies rep-
resent little more than an ‘empty shell’.
The third test – based on the WERS 98 survey of employees – is designed
to evaluate employee reports of access to EO practices. The focus here is on the
proportion of employees in workplaces with EO practices that have access to
those practices. The WERS 98 survey of employees allows for an evaluation of
employee access to job sharing, parental leave and workplace nurseries/help
with the cost of childcare. This stage of the analysis provides a test of whether
the practices are targeted at specific employees or whether they are made more
widely available – although specific EO practices have been adopted, a signifi-
cant proportion of employees may not have access to them.
The fourth test evaluates the types of workplaces that have EO policies fit-
ting the ‘empty shell’ definition. This evaluation is conducted by creating four
dichotomous dependent variables (one each for workplaces that have an EO
policy with regard to gender, ethnicity, age and disability, but have introduced
none of the expected practices), and regressing these dependent variables onto
a range of independent workplace characteristic variables.2
Results
Table 1 Presence of gender, ethnicity, age and disability policies by workplace characteristics: marginal effect
(percentage change) given followed by predicted probability
Dependent variable: Gender policy Ethnicity policy Age policy Disability policy
Notes:
Predicted probabilities and significance levels calculated from coefficient estimates in Appendix Table A.
** significant at 1 percent * significant at 5 percent.
SIC categories: E = electricity, gas and water supply; F = construction; G = wholesale and retail trade; H = hotels and
restaurants; I = transport, storage and communication; J = financial intermediation; K = real estate, renting; L = public adminis-
tration, defence, social security; M = education; N = health and social work; O = other community, social, personal
1 Benchmark workplace characteristics: 200–499 employees; manufacturing; UK owned; 0–4 years old; regional market; private
sector; union recognition; part of larger organization; no HR/personnel specialist. Benchmark workforce characteristics column
1: <75% workforce female; column 2: <10% workforce ethnic; column 3: <25% workforce over 51; column 4: no disabled
employees.
Table 2 Percentage of all workplaces and workplaces with formal written policies adopting EO
practices
Equal opportunities
practices:
Statistics collected 25 37
on posts held by
men and women
Records kept with ethnic 30 42
origin specified
Adjustments made to 26 37
accommodate
disabled
Family-friendly
practices:
Parental leave* 35 46
Switching from 46 60
full-time to part-time*
Job sharing* 29 43
Nursery* 3 5
Financial help 4 6
with child care*
Paternity leave 34 50
Recruitment practices
– special procedures
to encourage:
Female returnees 12 15
Ethnic minorities 11 17
Older workers 6 8
Disabled 13 21
None of the above 16 50 92 56
practices adopted
All of the above
practices adopted 1 10 14
Notes:
Percentages given are probability weighted by the inverse of each workplace’s probability of selection into the
sample in order to account for the oversampling of larger workplaces within WERS 98.
Base: all workplaces. Observations dropped as a result of missing data within the equations reported in Table 1
are also dropped here.
*WERS 98 asked about the access of non-managerial employees to these benefits. It may be the case therefore
that these figures understate the true proportion of workplaces that offer these benefits as there may be
instances in which they are offered to managerial staff but not non-managerial staff.
Managers/senior Professionals/
All employees Administrators associate profs. Non-management
Workplaces with gender policy, and where the management respondent states the
practice asked about is in operation
Job sharing 29 39 34 25
Parental leave 36 53 39 34
Workplace nursery or 22 34 24 17
help with cost of
childcare
Women less than 40 years old with at least one dependent child, in workplaces with
gender policy, and where the management respondent states the practice asked about
is in operation
Job sharing 38 50 41 35
Parental leave 41 54 34 44
Workplace nursery or 33 43 32 33
help with cost of
childcare
Full sample
Job sharing 16 19 23 13
Parental leave 27 36 33 25
Workplace nursery or 4 6 7 3
help with cost of
childcare
Women less than 40 years old with at least one dependent child
Job sharing 27 33 36 24
Parental leave 36 39 37 36
Workplace nursery or 7 7 13 5
help with cost of
childcare
Notes:
Percentages given are probability weighted by the inverse of each workplace’s probability of selection into the
sample in order to account for the oversampling of larger workplaces within WERS 98.
Employees in workplaces dropped as a result of missing data in the analysis conducted in Tables 1 and 2 are
dropped from the analysis conducted here.
a gender policy where the management respondent states the practice asked
about is in operation. Even among this sub-sample, however, access to the prac-
tices on offer is limited. For example, 38 percent have access to job sharing, 41
percent have access to parental leave and 33 percent have access to a workplace
nursery or help with the cost of childcare. Thus, there is considerable evidence
to suggest that even those employees that would benefit the most – women
under the age of 40 with at least one dependent child – have limited access to
the practices on offer. Again, there is variation by occupational hierarchy, with
both professional/associate professional employees and non-management
employees having poorer access than managers/senior administrators.
While employee access to practices is limited even in workplaces that have
the respective practice in place, it is nevertheless more widespread than among
the wider workforce. The last two sections of Table 3 demonstrate the extent to
which employees have access to family-friendly practices across the whole sam-
ple. The results suggest that, overall, 16 percent of employees have access to job
sharing, 27 percent have access to parental leave and only 4 percent have access
to a workplace nursery or help with the cost of childcare. Again, access to these
benefits is dependent upon occupational status, with managers and senior
administrators and professionals/associate professionals having greater access
than non-management employees. Focusing on women under the age of 40 with
at least one dependent child, 27 percent have access to job sharing, 36 percent
have access to parental leave and only 7 percent have access to a workplace
nursery or help with the cost of childcare. These figures highlight the extremely
limited access to EO practices across UK workplaces as a whole.
Table 4 ‘Empty shell’ EO policies by workplace characteristics: marginal effect (percentage change) given
followed by predicted probability
Dependent variable:Workplaces with EO policy, but none of the expected EO practices, addressing:
Benchmark workplace1:
Change to benchmark
workplace characteristics:
SIC major group E –83 0.022 –57 0.293* +6 0.995*2 –13 0.555
SIC major group F +75 0.227 +5 0.714 +6 0.995 +3 0.657
SIC major group G –70 0.039 –26 0.501 +6 0.998** –13 0.554
SIC major group H –83 0.022* –45 0.369* +6 0.999** –20 0.506
SIC major group I 0 0.130 –18 0.554 +4 0.976 –4 0.610
SIC major group J –32 0.089 –19 0.546 –55 0.287*
SIC major group K –11 0.116 –28 0.487 +5 0.987 –16 0.534
SIC major group L –32 0.088 +7 0.724 +6 0.999** –2 0.621
SIC major group M –8 0.120 +1 0.684 +6 0.999** –1 0.631
SIC major group N –72 0.037 –11 0.603 +6 0.999 –26 0.470
SIC major group O –40 0.078 –12 0.598 +6 0.999** –28 0.456
Public sector –82 0.024** –38 0.420** –23 0.724** –54 0.295**
Non-union +62 0.210 +13 0.768 0 0.938 +18 0.753
Single independent workplace +64 0.213 +24 0.840** –5 0.891 –7 0.594
Table 4 Continued
Dependent variable:Workplaces with EO policy, but none of the expected EO practices, addressing:
Notes:
Predicted probabilities and significance levels calculated from coefficient estimates in Appendix Table B.
** significant at 1 percent * significant at 5 percent.
1 Benchmark workplace characteristics: 200–499 employees, manufacturing; UK owned; 0–4 years old; regional market; private
sector; union recognition; part of larger organization; no HR/personnel specialist. Benchmark workforce characteristics: column
1: <75% workforce female; column 2: <10% workforce ethnic; column 3: <25% workforce over 51; column 4: no disabled
employees. Benchmark workplace is SIC major group J (financial intermediation) in column 3.
2 SIC major groups D and E combined (column 3) as all workplaces in major group E (electricity, gas and water supply) fall into
the ‘empty shell’ category.
Foreign owned category used (column 3) as all of the rest-of-world owned workplaces fall into the ‘empty shell’ category.
For full description of SIC categories, see notes section of Table 1.
However, all of the age policies in this sector fall into the ‘empty shell’ cate-
gory. There is also consistent evidence that EO policies in the public sector are
less likely to constitute an ‘empty shell’ than are policies in the private sector.
Where public sector workplaces are concerned, the probability of having an
‘empty shell’ policy falls by 82 percent for gender policies, by 38 percent for
ethnicity policies, by 23 percent for age policies and by 54 percent for disabil-
ity policies.
In relation to national ownership, the probability of having an ‘empty
shell’ gender policy increases more than three-fold where North American
workplaces are concerned. Ethnicity and disability policies in Rest-of-World
owned workplaces are more likely to fall into the ‘empty shell’ category, along
with all of the age policies. European Union-owned workplaces are more likely
to have ‘empty shell’ ethnicity policies. In workplaces with an HR or person-
nel specialist, gender, ethnicity and disability policies are less likely to consti-
tute an ‘empty shell’. Indeed, the probabilities of having an ‘empty shell’ policy
fall by 81 and 70 percent with regard to gender, by 28 and 30 percent with
regard to ethnicity and by 69 and 22 percent with regard to disability, for
workplaces with an HR or personnel specialist respectively. Unsurprisingly,
gender policies are less likely to constitute an ‘empty shell’ in workplaces with
a high proportion of female employees. The same holds with regard to ethnic-
ity and disability policies in workplaces that have a high proportion of ethnic
minority employees and any disabled employees respectively. Finally, there is
no relationship between the likelihood of EO policies constituting an ‘empty
shell’ and union recognition, or the market within which the workplace is
operating.
This article set out to assess the nature and incidence of formal written EO poli-
cies in Britain, by evaluating: first, the extent to which such policies exist; sec-
ond, whether such EO policies have substance; and third, the types of
workplace within which ‘empty shell’ policies prevail. In the event, while the
evidence suggests a reasonably widespread uptake of formal, written EO poli-
cies in Britain, there is also considerable evidence that many of those policies
lack substance as they are not supported by the expected EO practices. While
EO practices are more likely to be found in workplaces that have a formal pol-
icy, it remains the case that for 11 of the 13 EO practices analysed in Table 2,
less than half the workplaces with the relevant EO policy had adopted the cor-
responding supporting practice. Furthermore, the majority of workplaces with
ethnicity, age and disability policies had not adopted any of the relevant EO
practices asked about. Even in relation to gender policies, where eight different
EO and family-friendly practices were asked about, 16 percent of the work-
places with a gender policy had adopted none of these practices. So, while there
is a higher probability of EO practices being in place within workplaces that
have an EO policy, there remains a large proportion of workplaces that have a
policy, but have not introduced the expected supporting practices. In addition,
in workplaces that have adopted practices to support their policies, only 1 per-
cent had adopted all eight of the gender practices, only 10 percent had adopted
both of the ethnicity practices and only 14 percent had adopted both of the dis-
ability practices. This provides clear support for the argument that in many
workplaces, EO policies constitute nothing more than an ‘empty shell’.
As argued earlier, the ‘empty shell’ phenomenon may incorporate not only
those workplaces that have an EO policy and no supporting practices, but also
workplaces within which EO practices are in place, but only a minority of
employees have access to them. The results demonstrate that in workplaces pro-
viding job-sharing, parental leave and nursery places, this provision was avail-
able only to a minority. What is more, access to these practices appeared to be
conditional on one’s position in the occupational hierarchy. This supports the
point raised earlier that equality initiatives often take the form of targeted prac-
tices that benefit only a minority – in the case of women this usually means
female managers and professionals (Cockburn, 1989, 1991; Richards, 2001). It
also supports the argument that while the existence of these practices could sug-
gest substance behind EO policies, the privileged access to them means that, for
the majority of particularly non-managerial employees, they might as well be
‘empty shells’.
An additional consideration is that some employees might state that they
do not have access to EO practices because they are unaware that they are enti-
tled to them. In a case-based study of family-friendly policies in 17 companies,
Bond et al. (2002) found low levels of awareness among employees concerning
the family-friendly practices to which they were entitled, thus limiting their
impact. If the same pattern is occurring within the WERS 98 employee ques-
of a full-time nursery place has been calculated to be £6200 per year (Industrial
Relations Services, 2002). Given the costs involved, it is perhaps unsurprising
that 63 percent of non-working mothers and 78 percent of lone non-working
mothers say they would work or study if they had access to the childcare of
their choice.3 Yet despite the high cost of childcare in Britain, it remains the case
that there is a dire shortage of childcare provision, with seven children com-
peting for every nursery space (Higginbottom, 2002). This further suggests that
perhaps employers should be expected to take greater responsibility in terms of
the provision of childcare places.
The results also have important performance implications. By reducing
casual sick leave, improving recruitment and retention and raising morale, it is
argued that family-friendly practices have the potential to impact positively on
company performance (Industrial Relations Services, 2000a). Likewise, analy-
sis of WERS 98 by Dex and Smith (2002) revealed that around nine out of ten
workplaces with aspects of practices that might be deemed family-friendly
found them to be cost-effective, and that performance improvements in terms
of finance, labour productivity, quality, sales value and labour turnover were
associated with such arrangements. However, the Trades Union Congress has
argued that UK productivity levels are suffering because employees are unable
to balance their work and personal lives (TUC, 2001). This is driven in part by
the UK’s long-hours culture, but also by the fact that so few employees have
access to the types of family-friendly practices under investigation here. As
argued by social commentator Will Hutton, ‘the irony is that this inflexible
approach to work–life balance decreases employee motivation and results.’
(Financial Times, 22 August 2001). The TUC report suggests that several FTSE
100 companies, including BP, J. Sainsbury, British Telecommunications and
Lloyds TSB, have begun offering staff more flexible work regimes. The findings
presented here, however, suggest that the arguments in favour of such an
approach have not been taken on board in the majority of workplaces.
The results also have legal implications. First, the European Union’s
Parental Leave directive, which came into force as part of the Employment
Relations Act on 15 December 1999, gives parents at work the right to up to
13 weeks’ unpaid parental leave for urgent family reasons. The analysis con-
ducted here demonstrates that in the year prior to the law being introduced, this
benefit was not being offered in almost two-thirds of workplaces. The extent to
which this situation has now been remedied remains to be seen.
Second, the European Union Directive on equal treatment, proposed under
Article 13 of the Treaty of Amsterdam, shifts the burden of proof in discrimi-
nation cases. Under the terms of the Directive, the employer has to prove that
‘in all probability’ they have not unfairly discriminated, rather than the
employee having to prove that discrimination has occurred. This has already
been implemented for gender cases via the Sex Discrimination (Indirect
Discrimination and Burden of Proof) Regulations 2001, and for race cases via
the Race Relations Act 1976 (Amendment) Regulations 2003. Similar changes
will ultimately be introduced where disability cases are concerned. One likely
consequence of these changes is that employment tribunals will look even more
closely at whether the employer has an up-to-date EO policy, and at the sub-
stance enshrined within that policy (The Guardian, 15 September 2001). The
results presented here would suggest that at present, many British workplaces
are currently ill-equipped from the point of view of their EO policies and prac-
tices to be able to cope effectively with these changes.
Appendix
Appendix Table A Presence of gender, ethnicity, age and disability policies by workplace characteristics
Dependent variables:
Gender policy Ethnicity policy Age policy Disability policy
Reference category:
200–499 employees
10–24 employees –0.571 (0.171)** –0.579 (0.178)** –0.216 (0.153) –0.349 (0.182)
25–49 employees –0.539 (0.171)** –0.554 (0.174)** –0.254 (0.149) –0.383 (0.175)*
50–99 employees –0.418 (0.163)** –0.423 (0.171)* –0.191 (0.137) –0.392 (0.163)*
100–199 employees –0.088 (0.158) –0.157 (0.166) –0.088 (0.130) –0.160 (0.158)
500–999 employees 0.187 (0.215) 0.122 (0.226) 0.189 (0.160) 0.007 (0.207)
1000+ employees 0.748 (0.317)* 0.895 (0.388)* –0.183 (0.219) 0.451 (0.422)
Reference category:
Major group D (manufacturing)
SIC major group E 1.217 (0.366)** 1.366 (0.418)** 0.286 (0.298) 0.678 (0.395)
SIC major group F 0.734 (0.342)* 0.633 (0.306)* 0.197 (0.313) 0.641 (0.312)*
SIC major group G 0.433 (0.226) 0.511 (0.224)* 0.633 (0.22)** 0.664 (0.229)**
SIC major group H 0.875 (0.249)** 1.049 (0.246)** 0.688 (0.256)** 1.142 (0.248)**
SIC major group I 0.848 (0.352)* 0.959 (0.360)** 0.653 (0.316)* 1.020 (0.358)**
SIC major group J 0.533 (0.336) 0.533 (0.325) 0.280 (0.296) 0.597 (0.332)
SIC major group K 0.913 (0.235)** 0.949 (0.233)** 0.671 (0.225)** 1.068 (0.240)**
SIC major group L 1.704 (0.369)** 1.838 (0.378)** 1.163 (0.291)** 1.682 (0.345)**
SIC major group M 1.344 (0.279)** 1.410 (0.279)** 0.820 (0.279)** 1.348 (0.283)**
SIC major group N 1.429 (0.291)** 1.604 (0.274)** 1.328 (0.256)** 1.548 (0.274)**
SIC major group O 0.425 (0.286) 0.544 (0.292) 0.188 (0.262) 0.615 (0.295)*
Reference category:
UK owned
North American 0.274 (0.362) 0.409 (0.377) –0.023 (0.257) 0.491 (0.356)
European Union 0.113 (0.359) 0.050 (0.368) –0.211 (0.280) –0.060 (0.399)
Rest-of-World –0.056 (0.524) –0.207 (0.472) 0.254 (0.514) 0.002 (0.494)
Reference category:
0–4 years
5–9 years 0.249 (0.199) 0.190 (0.193) 0.099 (0.185) 0.128 (0.189)
10–19 years 0.106 (0.199) 0.107 (0.192) 0.073 (0.181) 0.129 (0.187)
20+ years –0.084 (0.167) –0.168 (0.159) –0.025 (0.155) –0.177 (0.154)
Dependent variables:
Gender policy Ethnicity policy Age policy Disability policy
Reference category:
Regional market
Non-trading sector 0.003 (0.22) –0.079 (0.221) 0.020 (0.217) 0.048 (0.217)
Local market 0.164 (0.225) 0.104 (0.227) 0.149 (0.213) 0.164 (0.220)
National market 0.023 (0.232) –0.100 (0.232) 0.050 (0.231) –0.166 (0.231)
International market –0.121 (0.273) –0.246 (0.273) 0.126 (0.258) –0.160 (0.266)
Reference category:
No HR/personnel specialist
HR specialist 0.748 (0.229)** 0.713 (0.223)** 0.318 (0.196) 0.741 (0.214)**
Personnel specialist 0.386 (0.184)* 0.588 (0.185)** 0.077 (0.149) 0.532 (0.171)**
Public sector 0.302 (0.205) 0.191 (0.207) 0.149 (0.202) 0.039 (0.198)
Non-union –0.501 (0.149)** –0.485 (0.148)** –0.415 (0.144)** –0.604 (0.147)**
Single indep. w/place. –1.247 (0.149)** –1.321 (0.149)** –0.842 (0.146)** –1.290 (0.146)**
Notes:
Survey probit analysis. Coefficients given. Standard errors in parentheses.
** significant at 1 percent * significant at 5 percent.
SIC categories: E = electricity, gas and water supply; F = construction; G = wholesale and retail trade; H = hotels and
restaurants; I = transport, storage and communication; J = financial intermediation; K = real estate, renting; L = public
administration, defence, social security; M = education; N = health and social work; O = other community, social, personal.
Dependent variables:Workplaces with EO policy, but none of the expected EO practices, addressing:
Gender Ethnicity Age Disability
Reference category:
200–499 employees
10–24 employees 0.584 (0.233)* 0.681 (0.188)** 0.145 (0.260) 0.506 (0.200)*
25–49 employees 0.290 (0.212) 0.506 (0.174)** 0.028 (0.254) 0.664 (0.182)**
50–99 employees 0.201 (0.215) 0.327 (0.163)* 0.042 (0.271) 0.187 (0.168)
100–199 employees 0.230 (0.201) 0.401 (0.144)** 0.058 (0.259) 0.354 (0.154)*
500–999 employees –1.474 (0.461)** 0.097 (0.186) –0.182 (0.303) 0.035 (0.211)
1000+ employees –0.397 (0.393) –0.135 (0.233) –0.125 (0.418) 0.206 (0.232)
Dependent variables:Workplaces with EO policy, but none of the expected EO practices, addressing:
Gender Ethnicity Age Disability
Reference category:
SIC major group D
SIC major group E –0.878 (0.468) –1.004 (0.396)* 1.048 (0.478)* –0.210 (0.389)
SIC major group F 0.378 (0.375) 0.105 (0.331) 0.987 (0.629) 0.057 (0.363)
SIC major group G –0.635 (0.337) –0.456 (0.315) 1.322 (0.446)** –0.212 (0.312)
SIC major group H –0.894 (0.435)* –0.807 (0.375)* 1.600 (0.501)** –0.334 (0.383)
SIC major group I 0.086 (0.438) –0.325 (0.374) 0.415 (0.504) –0.068 (0.332)
SIC major group J 0.001 (0.415) –0.343 (0.335) –0.909 (0.378)*
SIC major group K –0.068 (0.346) –0.491 (0.313) 0.668 (0.497) –0.262 (0.298)
SIC major group L –0.224 (0.568) 0.135 (0.379) 1.719 (0.558)** –0.039 (0.462)
SIC major group M 0.047 (0.428) 0.018 (0.355) 1.537 (0.507)** –0.015 (0.389)
SIC major group N –0.661 (0.415) –0.198 (0.338) 0.855 (0.489) –0.423 (0.331)
SIC major group O –0.289 (0.428) –0.212 (0.390) 1.697 (0.576)** –0.459 (0.370)
Reference category:
UK owned
North American 0.968 (0.336)** 0.246 (0.348) 0.541 (0.413)
European Union –0.027 (0.583) 0.895 (0.329)** 0.571 (0.351)
Rest-of-World 0.044 (0.566) 1.758 (0.592)** 1.614 (0.626)**
Reference category:
0–4 years
5–9 yrs –0.051 (0.281) –0.105 (0.225) –0.056 (0.318) 0.247 (0.235)
10–19 yrs 0.420 (0.268) –0.655 (0.218)** –0.498 (0.280) –0.020 (0.256)
20+ yrs 0.682 (0.250)** –0.236 (0.197) 0.188 (0.253) 0.009 (0.218)
Reference category:
Regional market
Non-trading sector –0.203 (0.320) –0.043 (0.264) –0.722 (0.345)* 0.050 (0.242)
Local market –0.020 (0.284) –0.401 (0.245) –0.913 (0.334)** 0.059 (0.235)
National market 0.084 (0.327) 0.044 (0.302) –0.300 (0.390) –0.298 (0.298)
International market -0.235 (0.341) –0.355 (0.344) –1.039 (0.441)* –0.263 (0.323)
Public sector –0.857 (0.316)** –0.662 (0.229)** –0.965 (0.300)** –0.886 (0.275)**
Non-union 0.321 (0.197) 0.273 (0.168) –0.026 (0.211) 0.336 (0.175)
Single indep. w/place 0.332 (0.229) 0.536 (0.207)** –0.328 (0.314) 0.109 (0.223)
Reference category:
No HR/personnel specialist
HR specialist –0.829 (0.255)** –0.493 (0.240)* 0.459 (0.311) –1.189 (0.229)**
Personnel specialist –0.641 (0.174)** –0.511 (0.163)** –0.202 (0.217) –0.357 (0.165)*
Dependent variables:Workplaces with EO policy, but none of the expected EO practices, addressing:
Gender Ethnicity Age Disability
Notes:
Survey probit analysis. Coefficients given. Standard errors in parentheses.
** significant at 1 percent * significant at 5 percent.
Foreign owned category used (column 3) as all of the rest-of-world owned workplaces fall into the ‘empty shell’ category.
SIC major groups D and E combined (column 3) as all workplaces in major group E (electricity, gas and water supply) fall into
the ‘empty shell’ category. Major group J (financial intermediation) used as reference category in column 3. For full description
of SIC categories, see notes section of Appendix Table A.
Acknowledgements
We would like to thank the Department of Trade and Industry, the Economic and
Social Research Council, the Advisory, Conciliatory and Arbitration Service and the
Policy Studies Institute as the originators of the 1998 Workplace Employee
Relations Survey data, and the Data Archive at the University of Essex as the dis-
tributor of the data. None of these organizations bears any responsibility for our
analysis and interpretation of the data. We would also like to thank the three anony-
mous referees for their helpful comments and suggestions.
Notes
1 All the dependent variables to be analysed here are dichotomous, so the appro-
priate technique to use is survey probit maximum likelihood, which allows for
necessary weighting and also takes into account the sample design when calcu-
lating standard errors. Survey probit analysis allows for the data to be proba-
bility weighted by the inverse of the probability of each workplace’s selection
into the sample. This is conducted within STATA by treating the variable
EST_WT as a probability weight. This is essential if unbiased population esti-
mates are to be obtained as large workplaces are over-represented within the
WERS 98 sample design. In addition, the stratification featured in the design of
the WERS 98 workplace samples can be taken into account by instructing
STATA to take into account the strata identified in the variable IDBRSTR2,
when calculating standard errors. For a fuller explanation, see Airey et al.
(1999) and Forth and Kirby (2000).
2 Survey probit is used here, and probability sampling and stratification are taken
into account in the same manner as described in note 1.
3 See: www.number-10.gov.uk/output/Page1430.asp
References
Airey, C., Hales, J., Hamilton, R., Korovessis, C., McKernan, A. and Purdon, S.
(1999) The Workplace Employee Relations Survey (WERS) 1997–8 Technical
Report (Cross Section and Panel Survey). London: National Centre for Social
Research.
Bond, S., Hyman, J., Summers, J. and Wise, S. (2002) Family-Friendly Working?
Putting Policy into Practice. York: Joseph Rowntree Foundation/The Policy
Press.
Cockburn, C. (1989) ‘Equal Opportunities: the Short and Long Agenda’, Industrial
Relations Journal 20(3): 213–25.
Cockburn, C. (1991) In the Way of Women. Basingstoke: Macmillan.
Colling, T. and Dickens, L. (1998) ‘Selling the Case for Gender Equality:
Deregulation and Equality Bargaining in Britain’, British Journal of Industrial
Relations 36(3): 389–413.
Collinson, D., Knights, D. and Collinson, M. (1990) Managing to Discriminate.
London: Routledge.
Commission for Racial Equality (2000) Equal Opportunities and Private Sector
Employment in Scotland. Edinburgh: CRE.
Coyle, A. (1989) ‘The Limits of Change: Local Government and Equal
Opportunities for Women’, Public Administration 67(1): 39–50.
Cully, M., Woodland, S., O’Reilly, A. and Dix, G. (1999) Britain at Work. London:
Routledge.
Department of Trade and Industry (1999) Workplace Employee Relations Survey:
Cross-Section, 1998 [computer file]. 4th ed. Colchester: The Data Archive [dis-
tributor], 22 December 1999, SN: 3955.
Dex, S. and Smith, C. (2002) The Nature and Pattern of Family-Friendly
Employment Policies in Britain. York: Joseph Rowntree Foundation/The Policy
Press.
Dickens, L. (1994) ‘Wasted Resources? Equal Opportunities in Employment’, in K.
Sisson (ed.) Personnel Management (2nd edition), pp. 253–98. Oxford:
Blackwell.
Dickens, L. (1999) ‘Beyond the Business Case: a Three-pronged Approach to
Equality Action’, Human Resource Management Journal 9(1): 9–19.
Dickens, L. (2000) ‘Still Wasting Resources? Equality in Employment’, in S. Bach
and K. Sisson (eds) Personnel Management (3rd edition), pp. 137–69. Oxford:
Blackwell.
Financial Times (2001) ‘Employers Urged to Be Flexible Friends’, 22 August.
Forth, J. and Kirby, S. (2000) Guide to the Analysis of the Workplace Employee
Relations Survey. WERS 98 Data Dissemination Service, National Institute for
Economic and Social Research.
Grint, K. (1991) The Sociology of Work. Cambridge: Polity.
The Guardian (2001) ‘Discrimination: Tilting the Scales to Give Women Justice’. 15
September.
Storey, J, and Bacon, N. (1994) ‘The New Agenda and Human Resource
Management: A Roundtable Discussion with John Edmonds’, Human
Resource Management Journal, 4(1): 63–70.
Trades Union Congress (2001) Changing Times. August. London: TUC.
Virdee, S. and Grint, K. (1994) ‘Black Self-organization in Trade Unions’,
Sociological Review, 42(2): 202–26.
Wrench, J. (1987) ‘Unequal comrades: trade unions, equal opportunities and
racism’, in R. Jenkins and J. Solomos (eds) Racism and Equal Opportunity
Policies in the 1980s, pp. 183–97. Cambridge: Cambridge University Press.
Young, K. (1987) ‘The space between words’, in R. Jenkins and J. Solomos (eds)
Racism and Equal Opportunity Policies in the 1980s, pp. 93–109. Cambridge:
Cambridge University Press.
Kim Hoque
Mike Noon