annex v country studies: united kingdom · 2016. 9. 13. · 1443r03d annex v - united kingdom march...

1443R03D Annex V - UNITED KINGDOM

March 2002 MacAlister Elliott and Partners Ltd page 1

ANNEX V COUNTRY STUDIES: UNITED KINGDOM

1 NATIONAL CONTEXT

1.1 OVERALL CONTEXT1.2 DATA SOURCES

2 KEY DATA COLLECTED

2.1 EMPLOYMENT2.2 LEGISLATION2.3 ORGANISATION2.4 EDUCATION & TRAINING2.5 SOCIO-CULTURAL STATUS2.6 ECONOMIC STATUS

3 CONCLUSIONS & RECOMMENDATIONS

3.1 KEY FINDINGS3.2 RECOMMENDATIONS

Appendix 1: BibliographyAppendix 2: People interviewedAppendix 3: Relevant legislation



1 NATIONAL CONTEXT

1.1 OVERALL CONTEXTThere is a general perception that the role women play in the fisheries sector in the UnitedKingdom is still determined to a large extent by tradition. This defines the role of woman ashomemaker, a support for the fisherman, as labour in fish processing, but not as a fisher inher own right. The impact of tradition is at its greatest in the fish-catching sector; and issmallest in aquaculture. Regional difference have become evident in the course of the briefstudy, particularly in relation to the informal/unpaid) role of mother/housewife as the bookkeeper/money holder in the family unit, in the fish catching sector. The role that women playin the processing sector, that of a source of labour, has generally been maintained albeit incontext of the general decline in numbers employed within this sector.

1.1.1 Fish catchingDifferent regions of UK exhibit slightly different roles for women. In the more rurallyisolated areas, women are more likely to be found playing a part in the physical side of fishcatching, although often within the exclusivity of family environment. The lack of analternative labour source in these locations forces the local society to overcome naturalsensibilities in terms of established roles and has allowed some women (still very few) to putout to sea. However the more usual role, that of informal/unpaid bookkeeper, fishsalesperson, whilst it has diminished in the more professional segments of the industry, stillvery much plays an integral part in maintenance of the social fabric in particularly small closeknit fishing communities.

1.1.2 Fish ProcessingTradition has dictated what role women should play in fish processing in the UK. Incommunity’s dependant on a fishery, often the men would mostly be at sea trying to catch thefish. This left the women ashore, wives, mothers and daughters with the arduous role oflanding, selling, processing and packing the catch off to market. The most prominent exampleof this was the Scottish drift net herring fishing communities of the late 19th Century. Thistraditional dependence on women to provide mainstay labour in fish processing continuestoday, with women supplying 50 % or so of the labour used in fish processing in the UnitedKingdom. In terms of numbers of women employed in the overall fisheries sector, fishprocessing accounts for in excess of 90%. It is an unfortunate truth that many of these are parttime jobs, in an industry that has low pay, and low status, with little opportunities formeaningful promotion.

1.1.3 AquacultureThe Aquaculture industry, albeit with its origins in the UK found in Roman times (a thrivingoyster mariculture industry existed), is less shackled by tradition concerning gender roles.That is not to say that real equality exits, or that women are significant in terms of numbersemployed. Aquaculture in the United Kingdom is dominated by the production of fin-fish,and to a large degree by the farming of the Atlantic salmon. Other fin-fish species, such asRainbow trout (in England), Turbot, Halibut, Sea bass and Cod are also farmed. Shellfish andseaweed culture on species like the common mussel, pacific oyster, native oyster, sea urchin,scallop and clam also play important regional roles.



Work on fish farms tends to be physically demanding, uncomfortable and arduous. Oftenfarms are located in areas of rural isolation, where social traditions play an important andoften restrictive role. As the aquaculture sector in the UK has developed outside the culturaltraditions of the catching sector, the barriers to entry for women are lower.

1.2 DATA SOURCESData for this brief study was collated from two main source types: key reports and keyrespondents. Key reports are mainly socio-economic studies, market survey reports. Aliterature review was carried out as part of this study. It was discovered that much of theliterature relating to gender imbalance and sexual inequality within the fisheries sector, wasnot European, rather North American or had basis in the developing world.

Key respondents were chosen on the basis of high profile in the industry, personal knowledgeand accessibility. Key respondents were initially telephoned and then sent a brief telephonequestionnaire and recalled at a later date. Some 40 Key respondents were contacted, withpositive results from 30. Key respondents were both male and female, working in many ofthe sectors that make up the fishing industry.

The study attempted to focus on 3 Fisheries Dependent Areas (FDAs) in the UK, as resourceswere not considered sufficient to carry out more in-depth social investigation. Whilst many ofthe views and opinions expressed originated from key respondents within the FDAs, muchwas not specific to the individual area.



2 KEY DATA COLLECTED

2.1 EMPLOYMENT

2.1.1 OverviewThe table below summarises employment in the fisheries sector in the UK. The large figureunder the “other” category is fish fryers (fish & chip shops), which are monitored as part ofthe fisheries sector in UK rather than being seen as simply general foodservice (as is the caseelsewhere).

Table 1: United Kingdom employment in the fisheries sectorActivity Women Men Total

Fish catching 200 20,000 20,200

Fish processing 46% (10237) 54% (12017) 22,255(3)

Aquaculture N/A N/A 2,033(1)+(2)

Management & Retail 5,800 8,750 14,550*

Other Key categories 53,750 26,300 80,050*Source: Sea fish Industry labour market Survey National Report – July 1999.CEMARE & CLREA Universityof Portsmouth.1) Regional socio-economic studies on employment and the levels of dependency on fishingEngland and Wales – CEMARE & SAC. December 1999: Figure relates to 19962) Regional socio-economic studies on employment and the levels of dependency on fishingScotland and Northern Ireland – SAC December 1999: Figures relate to 19973) 2000 Survey of UK Sea fish processing Industry – SFIA December 2000. Figures in full time equivalents(FTE)* mainly fishmongers and fish fryers (fish & chip shops)

Fish catchingThere was an overall decline in the numbers employed in the fish catching sector, over theperiod 1990 to 1996. In Scotland this equated to an annual 2-3 % decline1, for full timefishers. There was a consequent increase in the numbers fishing part time over this period,For England and Wales the decline over the period 1988-97 has been estimated at 15% forfull time fishers and over 47% fore part time2. Landings also declined over the period 1988 –97 by 0.4% in England and Wales, and by over 17% over the period 1990-96 in Scotland.

Fish ProcessingOver the period 1995 – 2000, the numbers employed (FTE equivalents) in fish processingincreased from 19,659 to 22,255. While the number of processing units declined from 719 to542 over the same period, the value of production increased.

1 Regional socio-economic studies on employment and the level of dependency on fishing. Lot 20 Scotland and Northern Ireland. ScottishAgricultural College (SAC) December 19992 Regional socio-economic studies on employment and the level of dependency on fishing. . Lot 19. England and Wales. SAC & CEMARE.December 1999.



AquacultureFor the areas where figures exist over a time series, these show a general increase in thenumbers employed in aquaculture over the period 1988-1996. There is some evidence thatthis trend is beginning to stabilise. The value of produce from aquaculture increased over thisperiod.

Whilst the age structure of fish catching is increasingly ageing, the study could find noevidence that this was the case in other sectors.

2.1.2 Employment in Scottish fisheries

FishingFishing employment in Scotland for 1996 is presented in Tables 2 and 3. In total, the numberof fishermen employed in the fishing industry (regular, partial and crofting) amounted to7,848 in 19963; of which the regularly employed make up the majority (83%). The totalnumber of fishers has declined over the period by approximately 7%. If employment is splitbetween regularly and partially4 employed, however, the change is much more dramatic. Thenumber of regularly employed fishers fell from 7,550 in 1991 to 6,533 in 1996, a drop of over13%. At the same time, the number of partially employed fishers rose dramatically to 1,255from a total of 766 in 1990. This is a 64% increase in numbers, which in part may be due tothe addition of vessels of over 10m length to the register, but may also be due to many fishersseeking alternative income sources, and therefore reducing their time spent fishing

Table 2: Fisheries employment in main communities, Scotland 1996

TTWA Regularly Partially Crofters TotalBerwickshire 179 34 0 213Edinburgh 172 52 0 224St. Andrews 165 39 0 204Aberdeen 116 39 0 155Peterhead 725 52 0 777Fraserburgh 877 54 0 931Banff 491 10 0 501Keith & Buckie 312 29 0 341Orkney Islands 316 94 0 410Shetland Islands 357 145 0 502Skye & Ullapool 315 46 9 370Lochaber 193 19 2 214Oban 137 17 2 156Islay & Mull 146 61 25 232Campbeltown 192 52 0 244Lewis & Harris 286 36 14 336Uists & Barra 265 75 5 345Ayr 490 18 0 508Kirkcudbright 113 21 0 134Total Scotland 6,689 1,335 60 7,848

Source: SOAEFD.

Note: This data was derived from a database analysed at the creek level, provided by SOAEFD in1999. It differs from the published figures in the Scottish Sea Fisheries Statistics 1996, but isunderstood to supersede that.

3 This figure was derived from a database analysed at the creek level, provided by SOAEFD in 1999. It differs from the published figure inthe Scottish Sea Fisheries Statistics 1996 (ie 8084), but is understood to supercede that.4 Including crofters.



The TTWAs of Peterhead, Fraserburgh, Banff, Keith & Buckie and Elgin & Forres, with theirlarge fishing districts, account for 35% of total fishers and 40% of the regularly employedfishermen. The Highlands and Islands5 are another important area, representing 41% of allfishers in 1996. In fact the relative importance of fishing within the Highlands and Islands iseven greater, as its total population is much smaller than that of the north-east of Scotland.

The west-coast districts and the islands of Orkney and Shetland have much higherproportions of partially employed fishermen than in the north-east. Notable among these areStranraer (89%), Newtonstewart (76%) and Thurso (66%). The average split betweenregularly and partially employed fishers on the west coast is around 30%, while on the eastcoast it is 18%. The islands of Shetland and Orkney each have a 77/23 percent split.

ProcessingThe Grampian region of Scotland and the Humberside area in England are the traditionalareas for fish processing in the UK, accounting for 20% and 24% respectively of allprocessing units (Joseph and Findlater, 1996). Attractive incentives given by local economicdevelopment agencies in Northern Ireland and the Highlands and Island areas have lured newfish processing businesses in recent times to relocate in these areas. In Scotland, employmentgenerated in the processing industry amounts to 8,542 jobs. This is split between full-time(83%) and part-time (17%) employment. The majority of fish processing occurs in northeastScotland, which accounts for just under 53% of all employment in the industry and 52% offull-time employment.

The Highlands and Islands, after a great deal of investment over the past few years (Josephand Findlater, 1996), are now the 2nd most important area for processing employment with21% of all employment in the industry and 22% of the full-time places (16% of the part-time). Of total women's employment in processing in Scotland, which represents 49% of allemployment, 29% were on a part-time basis as compare to 5% for men. Employment data bygender was not available for Northern Ireland so comparisons could not be made.

Table 3: Employment in fish processing by region in Scotland 1996

NUTS III Female Male TotalRegion FT PT Total FT PT Total FT PT TotalAberdeen City,Aberdeenshire & NEMoray

1767 741 2508 1934 105 2039 3701 846 4547

North EasternScotland

1767 741 2508 1934 105 2039 3701 846 4547

Eastern Scotland 164 53 217 535 59 594 699 112 811South WesternScotland

469 250 719 669 14 683 1138 264 1402

Highlands & Islands 564 188 752 978 52 1030 1542 240 1782TOTAL 2964 1232 4196 4116 230 4346 7080 1462 8542* denotes confidential data which cannot be passed onto a third partyTotal figures in bold denote region totals including confidential totalsTotal figures in bold followed by ** denote region totals where confidential totals have been withheld

Source: NOMISNote: For the purpose of estimating the processing employment ratio by FDA (Section 3) the discloseddata above was used to apportion regional employment data, which included self-employed, extractedfrom the Annual Census of production

5 Including the islands of Orkney and Shetland.



Data on the employment arising specifically in the construction and repair of fishing boats isnot available, but the data on employment in all shipbuilding and repairs in Scotland(excluding leisure craft) is presented in the table below. In North Eastern Scotland and theHighlands and Islands this would largely relate to fishing boats and boats used in fishfarming, but elsewhere only a part of the work is likely to be related to fishing.

Table 4: Employment in ship construction & repairs, Scotland 1996

NUTS III Female Male TotalRegion FT PT Total FT PT Total FT PT TotalAberdeen City,Aberdeenshire & NEMoray

46 31 77 615 17 632 661 48 709

North EasternScotland

46 31 77 615 17 632 661 48 709

Eastern Scotland 330 121 451 4412 7 4419 4742 128 4870South WesternScotland

197 28 225 4567 11 4578 4764 39 4803

Highlands & Islands 70 15 85 1343 9 1352 1413 24 1437TOTAL 643 195 838 10937 44 10981 11580 239 11819

* denotes confidential data which cannot be passed onto a third partyTotal figures in bold denote region totals including confidential totalsTotal figures in bold followed by ** denote region totals where confidential totals have been withheldSource: NOMIS

Table 5: Employment in marine aquaculture by region, 1997Region*(NUTS 2 or 3)

FullTime

PartTime

Male Female % Selfemployed

TOTAL

Number FTEsHighlands & Islands(1,2,3)

665 245 774 137 na 910 788

H.& I. 4. Western Isles 250 59 263 46 na 309 280

H.& I. 5. Shetland 228 94 274 48 na 322 275

H.& I. 6. Orkney 36 34 60 11 na 70 53

Total Scotland 1,183 434 1,374 243 na 1,617 1,400* The regional breakdown available for the data in Scotland does not match the NUTS classificationexcept for the three island NUTS 3 regions. Some minor estimates have been made in order to presentthe data by NUTS 2 regions for the remainder of Scotland.Sources: SOAEFD Fisheries Research Services, Scottish Fish Farms Annual Production Surveys.PACEC 1998. The Economic Impact of Scottish Salmon Farming. Report for HIE and SOAEFD.

In marine aquaculture, the rise in production due to increases in sites, farms andmechanisation, has resulted in an increase in labour productivity from 32 tonnes per man in1991 to 77 tonnes per man in 1997 (SOAEFD, 1997). Consequently the total numbersemployed in marine aquaculture only increased marginally between 1991 and 1997. Data onthe proportion self-employed in aquaculture was not obtainable. There is no known source ofdata on the gender of the workforce in 1991, but a study of the impact of salmon farming inScotland indicated that around 15% of staff is female (PACEC, 1998) and this proportion hasbeen applied to the employment numbers across the regions for 1996 and 1997.



Table 6: Employment in freshwater aquaculture, full time, part time andsegregated by gender, 1991

FullTime

PartTime

Male Female TotalRegion1

(NUTS II or III)Number FTEs

N.E.Scotland 4 2 5 1 6 5

E.Scotland 50 25 64 11 75 63

S.W.Scotland 25 8 28 5 33 29

Highlands & Islands (1,2,3) 283 135 355 63 418 351

H.& I. 4. Western Isles 70 14 71 13 84 77

H.& I. 5. Shetland 22 18 34 6 40 31

H.& I. 6. Orkney 7 9 14 2 16 12

Total Scotland 461 211 571 101 672 567* The regional breakdown available for the data in Scotland does not match the NUTS classificationexcept for the three island NUTS 3 regions. Some minor estimates have been made in order to presentthe data by NUTS 2 regions for the remainder of Scotland.FTE = Full time equivalentSources: SOAEFD, DANI.

2.1.3 Fisheries Employment in England & WalesThe fishing, aquaculture and processing sectors provided employment for almost 20,000people in England and Wales in 1996, as indicated in the table below. There were just under10,000 fishermen, and around 1,000 employed in aquaculture. The national statistics showedrather less than 10,000 in fish processing employment in 1996, but recent data for 1998,provided by a specific survey of labour in the industry (CLREA & CEMARE, 1999), indicateover 10,500 in this sector. Available statistics on employment in shipbuilding and repairsare not broken down to allow any measure of fishing related employment in that activity.

Table 7 Employment in fishing, aquaculture & fish processing by NUTS region, 1996

NUTS 1 Regions Fisheries*(1)

Processing*(2)

Aquaculture**(2)

UKC North East 759 1,197 34UKD North West (Inc Merseyside) 455 560 104UKE Yorkshire & The Humber 1,091 5,200 116UKF East Midlands 64 200 112UKG West Midlands 0 300 15UKH East Anglia 968 499 93UKI London 0 340 8UKJ South East 1,511 102 184UKK South West 3,332 800 169UKL Wales 1,716 401 17Total England & Wales 9.896 9,589 850

(*FT+PT=1006)* Full-time and part-time. ** Full Time Equivalents

Sources: (1) UK Sea Fisheries Statistics 1996, MAFF;(2) Office for National Statistics, EmploymentSurvey and Annual Business Survey 1996;.



Over a third of the fishermen were located in the South West region of England. Wales, with17 per cent, the South East with 15 per cent, and Yorkshire and The Humber with 11 percent, were the other regions that supported 1,000 fishermen or more. Yorkshire and TheHumber was by far the most important region in terms of employment in processing,accounting for 54 per cent of the total. The North East was the only other region with over1,000 jobs in processing. In comparison with 1991 figures of employment in fishing (14,941jobs) and processing (13,151 jobs) presented in the previous study of fishing dependency(PACEC, 1992), the totals in the table below indicates a decline of 47 per cent in fishingemployment by 1997, and 20 per cent in fish processing employment by 1998.

Table 8 : Full-time and part-time emplyment in fishing & processing, 1997-8

Countries Fishing 1997 Processing 1998FT PT Total FT PT TotalEngland & Wales

7,253 2,176 9,429 8,940 1,647 10,587Sources: UK Sea Fisheries Statistics 1997, MAFF; CLREA & CEMARE, Labour Market Survey, NationalReport, Final Report, July 1999.

Of the total number of employees in the processing industry, 63% are employed as full-timemanual employees, 17.5% are employed as managerial & clerical and 19% are employedpart-time (CLREA & CEMARE, 1999). Industry representatives have indicated that due toinstability of supply and/or consumer demand, a large proportion of work is part-time.Further, this type of employment tends to suit female manual employees with othercommitments (i.e. family). This is a trend observed in 1991 (European Commission. 1992)and is still clearly evident, in that over 78% of part-time manual employees are female (ofwhich 63% work in Humberside).

Table 9: Employment by region in the English & Welsh fish processing sector, 1995

Region Managerial &Clerical

Full-time ManualEmployees

Part-time ManualEmployees

Total

Male Female Total Male Female Total Male Female Total Male Female Total

Humberside 792 409 1201 2486 1498 3984 250 1147 1397 3528 3054 6582

SW England 141 74 215 516 221 737 70 208 278 727 503 1230

South/Mids/

Wales 209 140 349 844 567 1411 83 404 487 1136 1111 2247

N. England 168 165 333 843 607 1450 95 53 148 1106 825 1931

Total 1310 788 2098 4689 2893 7582 498 1812 2310 6497 5493 11990

Source: Joseph & Findlater, 1996. Survey of the UK Sea Fish Processing Industry, 1995.

To conclude the employment section, the age structure in the catching and processing sectorsis presented is the following table. Due to the increasing initial capital required not only topurchase a vessel, but also to acquire quota, it has become extremely difficult for newfishermen to enter the fishery as vessel owners.



Table 10: Age structure of the fisheries workforce in England & Wales by sector

Country Under 25 25 to 39 Over 40Catching

England 20% 40% 40%Wales 18% 40% 42%

ProcessingEngland 12% 53% 35%

Wales 14% 38% 49% Source: CLREA & CEMARE, Labour Market Survey, National Report, Final Report. July 1999

There are no employment statistics available differentiating between marine and freshwateraquaculture, but total employment in aquaculture as a whole in England and Wales isindicated to be around 1,000 with a fairly even distribution across most regions of thecountry, but with some concentration in the south. The national distribution of employmentbetween men and women in aquaculture shows 75% of the total employees are male.

2.1.4 Fisheries Employment in Northern IrelandThere was no data available for fisheries employment in Northern Ireland in 1991, and so notime-based comparisons can be made. Most of those employed in the industry in1996however were fishing full-time (85%).

Table 11: Employment in fishing by port, Northern Ireland 1996

Fishing Ports FT PT Total

Kilkeel 460 95 555

Portavogie 240 20 260

Ardglass 95 22 117

North Coast 20 11 31

Total Northern Ireland 815 148 963 Source: DANI. FT = Full Time, PT = Part Time

Employment in processing in Northern Ireland totalled 1,022 employees in 1996, which is anincrease of 15% from 1990. Part-time employment made up 20% of the 1996 total, which issimilar to the 19% in Scotland.

Table 12 Employment in processing, by port, Northern Ireland 1996


Kilkeel 463 86 549

Portavogie 143 62 205

Ardglass 180 46 226

North Coast 28 14 42

Total Northern Ireland 814 208 1022Source: Report on the Sea and Inland Fisheries of Northern Ireland 1996FT = Full Time, PT = Part Time



Table 13: Employment in ancillary services* by port, N Ireland, 1996


Kilkeel 75 14 89

Portavogie 25 - 25

Ardglass 32 8 40

North Coast - 8 8

Total Northern Ireland 132 30 162* Includes harbour jobs, boat building and chandlery suppliesSource: Report on the Sea and Inland Fisheries of Northern Ireland 1996FT = Full Time, PT = Part Time

2.2 LEGISLATIONA principal piece of national legislation to impact specifically on the rights of womenemployees in all types of employment was the Sex Discrimination Act of 1976. This actmade it illegal for employers to discriminate on the basis of terms of employment. The Equalpay Act 1976 made it illegal to discriminate on rates of pay between men and women,although recent research suggest that a significant (18% on average)6 gap was also importantand this still exists. Maternity rights legislation ensures that women have some levels ofemployment protection if they become pregnant. More recently the European Union WorkingTime Directive has introduced limits on the amount of time an employee can work.

Given the difficult and unpredictable nature of the fisheries sector, the government hasameliorated some of the principle aims of this directive in the hope that in its modified formit represents a workable arrangement. The rights of workers throughout the UK are protectedand enforced through the application of legislation. A key role of the Equal OpportunitiesCommission (EOC) is to enforce the law in the public’s interest. The fisheries sector isfragmented, though, not only in terms of the numbers of differing views it holds, but also inthe structure of fishing businesses. Coupled with the small scale of the fishing industry withinthe economy as a whole, this has led to under-representation of the workforce by organisedUnions.

There are also specific institutions that foster women’s rights in UK. The Women’s Unit ispart of the Cabinet Office in the United Kingdom Government. There are two high profilepolitical appointments: The Minister for Women and the Deputy Minister for Women. Alsolocated within the Cabinet Office is the Women’s National Commission, which is the official,independent advisory body of the Government with respect to women’s rights and issues;giving the views of women to the Government. The Equal Opportunities Commission (EOC)is the most significant policy enforcement body for gender inequities, and many otherdiscriminatory acts, within the UK.

6 ‘Why sexual equality is still a joke’ Will Hutton. Observer 25/3/01



European Union (EU) law is part of the domestic law in England, Wales and Scotlandbecause of the European Communities Act 1972. This means that UK tribunals and courtsmust, wherever possible, interpret domestic UK law in accordance with EU law. The mainrelevant pieces of legislation are as follows:

Sex Discrimination Act 1975

Employment Act 1989

Employment Rights Act 1996

Health and Safety at Work Act 1974

Management of the Health and Safety at work Regulations 1999

Maternity and Parental Leave etc Regulations 1999

National Minimum Wage Act 1998

Part Time Workers Regulations 2000

Protection from Harassment Act 1997

Working Time Regulations 1998

Further details on UK law relating to gender issues, or on legislation that could potentially berelevant, are given in Appendix 3.

2.3 ORGANISATIONTrade unions: Are men and women in the same trade unions? Where there is unionmembership (often of the Transport and General Workers Union in the UK), men and womenemployed in equivalent tasks belong to the same trade union. NUMARST has a co-ordinatingrole within the transport sector unions, in the UK and Ireland, and there does appear to besome membership of this group by Fisheries professional The relative small rates ofemployment, coupled with an often fragmented workforce, by default, limit the effectivenessof unions to impact meaningfully on the workforce

Trade Associations: do women belong to the same or different producer organisations,fishermen’s associations’ etc as men. There is no discrimination in membership of theseorganisations. The limited involvement overall of women in the fisheries sector, the lack of acritical mass that would be required in order to develop an organisation, a trade association,specifically catering with women within the industry.

Informal Associations: are there specialist women’s clubs, NGO’s etc, and if so what arethere roles. There is a Trans-European organisation ‘Women and the Sea’ that caters forissues of concern to women who are employed in marine based occupations. However theinvolvement of women in fisheries in this organisation is very limited, often only involvingthose participating in research/academic institutions, or those in management/enforcement.

Women’s positions in these organisations: are women mainly in leading or junior positions,or do their reflect those of men? Whilst women do occupy senior positions in organisations,the number that do so reflects the trend of the wider society. Currently in the UK there arefemale chief and deputy executives of Producer Organisations (Yorkshire & Anglia FPO,South West FPO), Executive officers of trade associations (BTA, NFFF) divisional heads ofcivil service management departments (MAFF), and Ministers with responsibilities for



Fisheries matters, as well as company founders, company chief executives and seniormanagement staff. However men still dominate in these positions.

Many of the women who have attained senior level appointments are the first to do so. Themovement towards a more equitable work force is certainly occurring within the fisheriessector, but it is a slow and often frustrating. In terms of more junior positions, therepresentation of women is closer to parity, but often within very defined areas. Keyrespondents have indicated that many women occupy position in administration, PR anddevelopment. The more technical activities are still seen as a bastion of male dominance.

Support facilities: What facilities are there to allow women flexibility at work.Evidence from key respondents would seem to suggest that there are no support facilitiesprovided to allow women some flexibility in the workplace. Reasons for this vary - cost(processing sector), lack of demand (capture sector), avoidable need (inshore fisheriesmanagement). On the exceptional occasion where some facilities exist, it has been found thatthe cost of placing a child in crèche at the workplace is expensive. The industry however,can be flexible in terms of precise hours worked. Both in the more rigid structure ofGovernment agencies and resource managers, down through to the processing sector.

Many key respondents felt that women would appreciate this support if it were there butthought it unlikely that the predominately male senior managers would consider such afacility in any way a priority. The low profit margins made by many in the fish processingsector (that part of the industry with most call, given the high numbers of the femaleparticipants), were given as a reason why this type of support was not currently in existence.

2.4 EDUCATION & TRAINING

The training structure for the fisheries sector is open to all, in principle. In practice women donot seem to participate in training courses relating to certain roles in the fisheries sector.Whilst there are no barriers to stop a woman undertaking, for example a sea survival course,or a ship fire fighting course, in practice few women would, as they are not to be found in thepositions in the industry that would require this type of training. The processing sector, due tothe much greater level of female participation, trains many more women, mostly in coursesspecific to food safety. Many of the Sea Fish Group training associations (8 out of 13) arerun by women.

2.5 SOCIO-CULTURAL STATUS

The fishing industry reflects many of the attitudes towards gender roles common in societygenerally. The traditional role of men as the provider, the women as the child bearer andhomemaker, still has relevance to large sectors of the population as a whole. However societyis changing and many of the traditional activities must adapt to the realities of the modernday.

The traditional view of many participants in the industry, particularly in the catching sector,has been that fishing has always been and will always be a job for the men. Given thephysical nature of the work and the general hardships to be endured, particularly on boardfishing vessels many respondents support this view. Tradition has developed other roles for



women; the women stay at home and look after the books, the women stay at home to protectand nurture the children. Tradition has dictated the role of women to be farmers and gathers,with men occupying the role of the hunter/warrior. To help maintain of these roles, strongsuperstitions have developed regarding women and the sea.

Information from key respondents suggests that only a very few women in the UK have beento sea on-board working fishing vessels. It was suggested that the majority have been partners(personal/financial) of vessel owners. The uncomfortable surroundings, & lack of facilities,often found on board fishing vessels have been another factor that has determined theminimal level of female participation. The general state of the UK fishing fleet, increasinglyold, increasingly struggling in the face of an ever-growing mountain of legislative andeconomic burdens, has also done little to encourage women into this sector of the industry.The situation in the UK is, to some degree, at odds with gender participation in otherlocations in Europe such as Norway and Spain. In Norway fisher-women are engaged incoastal fisheries in the north of the country, and play active roles in the national fishworkersassociation7. The Marisquadoras of Gallicia, whilst not sea going, play an important role inthe management of the sector.8

The inherent nature of fishing, recognised, recently by the FAO9, and permanently by the UKGovernment, as one of the most dangerous forms of occupation, is a prime factor whywomen’s traditional role in fish catching has been limited to shore based activities. Safety atsea, or rather the lack of it, remains a major motivation for protecting wives from seagoingrisk - in the worst case scenario, the children would at least have one parent remaining tocare for them. The length of time spent away from the home, at sea, away from any family, isalso of strong significance. Religion was mentioned as a major cultural barrier to theparticipation of women in fish catching sector. In the more strongly religious communities ofScotland, the nurture role has long been couched in doctrine, more subtly deterring womenfrom active fishing participation.

Given that religion is the basis for tradition, and women of all faiths (the childbearing female)are seen as the centre of the home, it is not surprising that this ‘cultural’ barrier exists. Thefew women who have worked on board fishing vessels have tended to be on board inshorevessels, i.e. those most likely not to be fishing overnight with any regularity. Some keyrespondents suggested that this was the case as such to ensure that there would be someone athome doing the cooking and ironing other household chores! A number of respondents notedthat the industry had a ‘macho’ culture.

The cultural limitations of women’s sea borne activities in turn led to the development oftheir role in shore based activities - from the often ‘informal’ (and unpaid) occupation ofbookkeeper through to the traditional activity as the labour force, the backbone, in fishprocessing. This role is maintained to this day, in varying degrees. The informal role ofbookkeeper has had to move on as the industry itself has become more complex and the sumsof money involved much larger. The de facto tradability of fish quota is yet another asset tobe managed and understood. Consequently much of the increasingly complex role of vesselmanagement, which in the past may have been carried out by the owner’s spouse (on aninformal/unpaid) basis, now is carried out on a more professional level. Key respondents

7 ‘Life is the goal, not fishing’. Samudra December 1994 pp23-268 Meltzoff S.K. & Broad K : ‘The Rise of women in fisheries management; The Marisquadoras of Illa de Arousa, Galicia9 ‘Danger job number one’ Fishing News International April 2001 page 1.



have noted women retraining in order that they can to continue fulfil these activities in amodern more professional context.

A number of key respondents commenting on this fact noted that communication betweenparties was now conducted ‘very professionally’, the inference being that these women hadbecome educated and informed businesswomen as well maintaining the family roles. Theobvious value that individuals place on this role now is in contrast to its historical context. Asan informal role is also likely to be an unpaid role, and that the traditional view of unpaidwork is that it has little or no value (housewives carrying out housework – always adiscounted role), this role should alter. However there continues to be a huge and unpaid rolethat women play in fishing.

Overall, though, the informality of this role is in decline. The value of vessels, of the catchand quota, has dictated this change. Owning and operating can be a multi-million poundbusiness, with even small sea going vessel can turn over hundreds of thousands of poundsannually10. Again regional and sectoral differences are evident, with the larger, more modernvessels working from the North-east of Scotland less likely to be family managed, with themore diverse, generally older, mixed fish vessels of South West England more likely toremain something of a family affair. Outside of the vessel ownership, for the vessel crew;women will often play the role of money gatherer and keeper. Chasing up outstanding issues(wages, sick payments, insurance claims, mortgage repayments, direct debits) from vesselagents, building societies, banks and government agencies whilst their men are back at sea.Key respondents noted that women were often more patient negotiators, and seemed to havethe ability to achieved preferable terms in most circumstances.

Often such work will be carried out ‘free of charge’ in that the women may not receive a cashpayment. It may often be the case that by ensuring the husband/son’s finances are in orderwill, by definition, ensure that the roof remains over the head and that food remains on thetable. Does this, by definition, demean the role of women? Is unpaid work, work that bydefinition has no monetary value, is valueless in the wider social context?

Along side the informal/unpaid work of women within the family unit; tradition has alsodetermined a role as mainstay labour in the fish-processing sector. At the end of the lastcentury and up until the middle of the 20th century, the herring fishery dictated a nomadiclifestyle for the men and women of the Scottish drift net fleets. The women workers followedfleet as it in turn followed shoals around the UK coastline, moving to ports along the East andSouth coast on an annual migration. The men’s task would be to catch the fish, the womenashore would work, unloading the vessels on landing of their catch, before embarking on thelaborious process of salting the fish and packing the herring barrels.

Women today continue to carry out a role in processing. There are a number of reasons forthis. The work whilst being often low paid, is often employment of the last resort in areaswith special dependency on the sector. Although overall in the United Kingdom the numbersemployed in fish processing are small, with approximately 20,000 employees, currently theGrampian and Humberside region accounts for some 43% of this total, of which just under40% are female11.

10 SFIA – Fishermen’s handbook. Costs and earnings of the United Kingdom Fishing Vessel Fleet 1997/9811 SFIA – Labour market survey national report. CLREA & CEMARE 1999.



The role of women within the processing units is subject to some regional and culturalvariability. In the main this tends to restrict the type of job given to men and the type of jobgiven to women. A far higher percentage of women tend to work on the factory floor inScottish processing facilities. The amount of pelagic fish and shellfish processed in thefactories of Scotland, particularly those in Grampian and the Highlands and Islands, wherethe work is orientated around bulk output, and of a repetitive nature. The perception is thatwomen perform these tasks to a higher level of efficiency than male co-workers do. Keyrespondents mentioned a number of ways in which women make better processing workersthan men; women are more nimble fingered, able to carry out mundane and repetitive taskswithout losing concentration, are more diligent about the work and less easily side-tracked.The trend of women as main labour resource is repeated throughout much of manufacturingindustry, particularly in component/electronic equipment assembly.

Humberside, however, is different as the more highly skilled floor workers tend to be male,with females predominating in the packaging departments. One explanation for this regionaldifference is that many of the smaller primary processing units would be engaged in theprocessing of whitefish, mostly into fillets for use by the fish frying trade. Again this hastraditionally been an activity for men. The use of sharp knifes being symbolic of thehunter/warrior, with women relegated to a service role. In processing operations where thework again is repetitive, deemed as less skilled, such as whelk processing, a larger percentageof factory floor employees are female.

2.5.1 Social status of fisheries occupationsAn informal survey of the socials status of fisheries occupations was made during the study,and the results of this are given below. The intention is to establish the desirability of theseoccupations and thus the likely motivation to enter them.

Table 14 Social status of fisheries sector occupationsActivity Social category A or 1 B or 2 C1or 3 C2 or 4 D or 5

Fishing

• Skipper at Sea • • • • Crew at Sea • • • • • Support/admin • • Aquaculture

• Stock Husbandry • • • • Technical/lab • • Management/marketing • • • Processing

• Foreman (factory floor) • • • Worker (factory floor) • • • Technical/lab • • • Mgmt/Source/Mkts • • Admin/Management • •



2.6 ECONOMIC STATUS

2.6.1 Earnings in the fisheries sectors

Fish catchingInformation from key reports and key respondents suggest that there is very limited femaleparticipation outside of the management and administration context. In terms of wagesequality, within management organisations, men and women work within pay scales oftendefined in context of civil service rates, and are thus treated with parity. For those womenplaying an industry role in fish catching, the study could not determine any evidence tosuggest that there is any discrimination on the basis of salary.

Fish ProcessingWork is generally low paid, low status with low transferable skills for both men and women,with some exceptions. Key respondents commented that promotion prospects for womenappeared to be more restricted above certain levels than for male counterparts. Latestavailable figures12 would suggest that there is a differential between rates of pay, withhourly rates for full time females (£4.88/hr) some 60 pence less than male full timeemployees (£5.48/hr). However there is no method of determining whether this is for similarwork.

AquacultureThe study has found no evidence of any pay differential between men and women, exceptingthe indirect inference that women do not occupy certain types of work within the sector in theUK.

2.6.2 Earnings & benefits differentials

Is there equal pay for equal work? On the evidence available from key respondents and keyreports is no real sense of wage equality in terms of a direct comparison between men andwomen. There is some evidence to suggest that women have to work harder than men do inorder to achieve the same return. The extensive use of the piece rate13 system for female floorworkers in shellfish processing in particular is an example of the differential.

Is there a gender differential in job security? In many sectors of the industry, there does notappear to be a differential in job security. As the roles occupied by the sexes, in many parts ofthe Industry, are so distinct, objective comparison is a very much a grey area. However againin fish processing, with a very high percentage of workers employed on a part time basis,there is an inferred difference across the sexual divide, in that the vast majority of part timeemployees in the UK are females. In terms of job protection and contractual obligation for anemployer of part time employees, many contracts are only fixed for a short term. There areless legislative obligations, on the part of the employer, concerning the rights of part timeworkers.

12 2000 survey of the UK sea fish processing industry – SFIA December 200013 payment on the basis of quantities produced e.g. KGs of animal flesh shucked



What social benefit entitlements do women have in fisheries communities, especially womensupporting family fishing enterprises? There are no special social benefits entitlementsavailable specifically for women in the fishing community. For those fishermen employed inthe catching sector, almost without exception, they are employed on a share basis, and arethus classified as self employed. The one special entitlement available to these fishermen(and thus also to their families) are short term weather allowances in the form ofunemployment benefits for days that vessels are unable to put to sea because of bad weather.Family credit payments are available to all families that have gross incomes that fall below acut off point.



3 CONCLUSIONS & RECOMMENDATIONS

3.1 KEY FINDINGS

3.1.1 Diversification potential of women: increased contribution and alternatives.This section is based upon a comparative analysis of the potential for women to increase theirinvolvement in fisheries. Although in simple numerical terms women appear to play asignificant role in fish processing, a more accurate picture would show that women play animportant role across the entire sector, albeit with relatively few individuals involved. Thiscan be seen variously in the informal and often unpaid but vital role of fishermen’sadministrative support, to prominent positions in management and policy makingorganisations through to contributions to the research, development and technology fields. Inthe political arena, there have been in recent times Welsh and Scottish women ministers withfisheries portfolio’s (Christine Gwythyr & Rhona Brankin). Indeed, one of the fiercestprotectors of the UK/Scottish industry over the past 25 years in Europe was the then MEP,now MSP Winnie Ewing. Again, some of the more vocal defenders of the rights of UKfishermen, in the South West of England, have been the wives/partners of fishermen.

3.1.2 Analysis of key constraints and opportunities in FDAsIn the context of a declining resource, there would seem to be very little opportunity forwomen to increase their direct involvement in the catching sector, along the lines achieved bywomen in Norway or North America. Women though, have become more prominent asvessel owners, operators, and merchants, with one FDA in the UK, (South West England),having a number of very visible and successful women.

In the processing sector, the trend for increased rationalisation and integration of companiescould increase the opportunities for women to occupy senior positions. However as keyrespondents in the sector noted, the feeling still exists that women should only occupypositions up to a certain level. The processing sector in the United Kingdom is currentlygoing through a difficult period. In the last 8 months some 300 people have lost jobs in theNorth east of Scotland alone14, with the likelihood more restructuring necessary. A decline inthe numbers employed is likely to impact negatively on the overall level of femaleparticipation in the sector.

The impact of aquaculture on the sector is interesting. In contrast to fishing, it should be ableto sustain production, and is likely to increase this over the coming years. Improvements intechnology and increased understanding of working methods are allowing the industry tobecome more efficient. In many other member states, the aquaculture sector is a provider ofregionally significant employment in some FDAs (France, Spain, Netherlands). The UKwhilst having an important salmon farming industry based on the West Coast of Scotland,and trout farming industry based on the south coast of England, has not seen much inwardinvestment in terms of grant aid from the Government/EU. Growth projections for UKaquaculture are subsequently much lower than, for example, Ireland. The extra employmentopportunities created in other member states are unlikely to be repeated in the UK;consequently the prospect of increasing significantly the numbers of female participants inaquaculture would appear to be low.

14 Crisis in UK processing: Can the Industry Survive? An Intrafish.com Industry report. – Mac Dubhghaill U. 2001



In terms of alternative sources of employment within FDA’s these vary. Grimsby on theSouth banks of Humber is the self-declared ‘ Food Capital of Europe’, with a hugely busymarine sector, having Grimsby Port within its boundaries. There are a large number ofprocessing factories concentrating not only on fish and fish products, but food processingfactories of all kind. The main FDA in Scotland, the Grampian region, has both significantfish catching and fish processing facilities. The general decline in access to the resource hashad severe repercussions for the processing sector in the recent past and direct alternativeemployment is not readily found. However Scotland, post devolution, has attracted much newindustry to its borders, regenerating areas of previous social deprivation.

Parts of the UK have significant tourist sectors with opportunities to further develop these inthe future. The South West of England (Devon & Cornwall) and Scotland have long beendestinations for summer visitors. The recent foot & mouth outbreak in the UK severelyaffected this sector and the long-term impact of it on tourism and life in general in the ruralcommunity has yet to be assessed. What is understood however is that the way of rural life ischanging, that the traditional occupations of agriculture, fishing, and mining either haveeither disappeared or are in decline. There is a feeling expressed in the media, and by keyrespondents during the course of this brief study, that the face of the countryside is changing.Employment opportunities for men and women are then likely to be increasingly foundoutside current industries, fisheries included.

3.2 RECOMMENDATIONS

3.2.1 Prospects for improving women’s position: improving the sector’s value towomen

Women’s aspirationsEvidence gathered from interviews with key respondents would suggest that women want tobe involved in the industry in a number of different areas. The traditional role of women, asdefined through a variety cultural restriction, still plays a prominent role in the positions andaspirations of participants. It is unlikely that many women will become or would want tobecome involved in the actual process of going to sea, and catching fish. The perceivednature of this activity (time away from home, long hours, dirty work, dangerousenvironment), does not appear attractive to women in the UK. Those few women, who havein the past participated in the UK, have invariably soon ended back ashore, taking care ofother parts of the family fishing business.

Women currently have equal access to training opportunities in the UK; there is no deliberatediscrimination. However in effect as women do not work in this part of the industry, womendo not appear on the statistics for numbers trained. As the industry declines in size, in termsof numbers of fishers, there is always the possibility that with potential increased securitybought on by an evolving management structure, that some women, attracted by an unusuallifestyle, may begin to play an active role. But this would be entire speculation. The rewardsof fishing, both physical and mental, do not at this time appear to outweigh the negatives.



The fish-processing sector has seen some changes. Women can occupy higher profilepositions. Many key respondents, engaged in this sector, confirmed that women continue toplay the traditional role, of shop floor labour, but through increased training and access tohigher education, have begun to rise into positions previously occupied exclusively by males.Consolidation of firms and growth in the overall food sector has made it difficult for the fishprocessing industry to maintain its identity. Fish processing is only one segment in the entirefood-processing sector of society.

This factor has led to women occupying positions in companies that may not have existed inthe past, i.e. marketing, sales, development etc, where the single most important factor isability to do the job rather than gender. But there is still the feeling that the industry ismisogynist. Women continue to play the role of labour. The mental requirements ofdiligence, patience and reliability often make women a more attractive employee’s than aman, who tend to be seen as less likely to exhibit these qualities. Women seem to have equalaccess to training opportunities within the processing industry. However these opportunitiestend to be with regard to health and hygiene concerns, with some key respondentscommenting on the lack of women’s places on – for example - fork lift driving trainingprograms and other such courses.

Again the aquaculture sector would appear to be the segment of the fisheries sector leastshackled by traditional institutional hostility against women. Whilst men generally take upthe opportunities for training and education, women play an important role, particularly in themanagement and research sectors. Those who work in the industry appear to relish theopportunities and lifestyle. It is still however a physically demanding occupation, and theview of key respondents, backed up by data from key reports, is that women do not seem tobe participating in the UK at any great level.

Again the rates of pay are maybe not as attractive as the alternatives, and the normal ruralisolation of location also may not appeal. There is a difference in social belief in the sectorbetween the United Kingdom and the Irish Republic. Much investment has been directed atthe sector in Ireland and continues to be so, with the hope of creating and sustaining manynew work opportunities/careers in areas of little alternative employment. This sense of beliefis often absent in the UK with many young women from isolated communities choosing toleave communities for the greater opportunities to be found in urban areas.

3.2.2 Prospects for improving women’s positions in non-FDAsThere are many areas in the United Kingdom that have some fisheries activity, this beingeither of a historical nature or due to recent opportunistic change, such as improved transportlinks. Whilst non-fisheries dependant areas, and indeed some of the less significant FDAs,may have a greater number of alternative sources of employment, most of those engaged infisheries in these areas are subject to the same constraints and opportunities as those in FDAs.

Although fisheries activities are not the predominant form of employment in these areas (asindeed is the case in most FDA’s in the UK), the alternatives would be comparable – i.e.other types of rural or primary resource activity, or those based upon the land. For thoseareas (such as the midlands with its fish processing industry) where the alternativeopportunities are much greater, and where there is no great tradition of involvement infisheries, there is little relevant information. However, it does seem to be the case that thoseinvolved in this sector have historical connection with fisheries, even if this is throughpreviously prominent but now closed inland fish markets. This suggests either resistance tojoin the sector by outsiders (the most likely reason) or resistance from within to new entrants.



Either way, the sector seems to offer relatively little to women in non-FDAs where bydefinition there are other opportunities

That said, where women are working in the fisheries sector in Non FDAs, evidence from keyrespondents seems to suggest that they are fully accepted by their male counterparts. Indeed,given the many alternative sources of perhaps more congenial employment, where women dosucceed in the fisheries sector, their counterparts respect them for so doing.



Appendix 1: Bibliography

Crisis in UK processing: Can the Industry Survive? An Intrafish.com Industry report. – MacDubhghaill U. 2001

‘Danger job number one’ Fishing News International April 2001 page 1.

“The Economic Impact of Scottish Salmon Farming”. Report for Highlands & IslandsEnterprise and the Scottish Office - Agriculture, Environment and Fisheries Department.

European Commission Directorate General XIV (Fisheries) “Regional Socio-economicStudies on Employment and the Level of Dependency on Fishing: England & Wales” (1999)Lot 19. Final Report. Produced by the Scottish Agricultural College in partnership withCEMARE, University of Portsmouth.

European Commission Directorate General XIV (Fisheries) “Regional Socio-economicStudies on Employment and the Level of Dependency on Fishing: Scotland & NorthernIreland” (1999) Lot 20. Final Report. Produced by the Scottish Agricultural College.

Meltzoff S.K. & Broad K : ‘The Rise of women in fisheries management; The Marisquadorasof Illa de Arousa, Galicia

Samudra ‘Life is the goal, not fishing’. December 1994 pp23-26

Sea fish Industry labour market Survey National Report – July 1999.CEMARE & CLREAUniversity of Portsmouth.

SFIA – Fishermen’s handbook. Costs and earnings of the United Kingdom Fishing VesselFleet 1997/98

SFIA – Labour market survey national report. CLREA & CEMARE 1999.

Sea Fish Industry Authority (SFIA) “2000 Survey of the UK Sea Fish Processing Industry”(2000)

Thompson P, Wailey T & Lummis T. (1983) “History Workshop Series – Living theFishing”. Chapter 10 – ‘Women in Fishing’. published by Routledge & Kegan Paul, London.

‘Why sexual equality is still a joke’ Will Hutton. Observer 25/3/01



Appendix 2: People interviewed

Individuals form the following organisations

Aberdeenshire Council

British Trout Association (BTA)

Cornwall Fish Producers Organisation

Cornwall Sea Fisheries Committee

International Federation of Transport Workers

Ministry Of Agriculture, Fisheries And Food (MAFF)

National Federation of Fishermen’s Organisation (NFFO)

National Federation of Fish Fryers (NFFF)

North Eastern Sea Fisheries Committee

North Wales Seafoods (Mon) Ltd.

Scottish Fishermen’s Federation (SFF)

Scottish Fisheries Protection Agency

Sea Fish Industry Authority (SFIA)

South West Shellfish Ltd..

Triskell Seafood’s Ltd.



Appendix 3: Legislation relevant to women in fisheries

The pieces of European legislation that now form part of the UK legislation relating to issuesof equal opportunities are as follows:

Article 141 (ex 119) Treaty of Rome (Treaty Establishing the European Community)(This provides that men and women should receive equal pay for equal work.)

Equal Pay Directive (75/117)(This provides that all discrimination on the ground of sex in respect of all aspects ofpay should be eliminated.)

Equal Treatment Directive (75/207)(This provides that there should be no discrimination on grounds of sex, eitherdirectly or indirectly, nor by reference to marital or family status, in access toemployment, training, working conditions, promotion or dismissal.)

Also of importance are the following pieces of EU legislation:

• Social Security Directive (79/7)

• Occupational Social Security Directive (86/378)

• Pregnant Workers Directive (92/85)

• Working Time Directive (93/104)

• Parental Leave Directive (96/34)

• Burden of Proof Directive (97/80)

• Part-time Workers Directive (98/23)

• Framework Directive on Fixed Term Work (99/70)

• Framework Directive for Equal Treatment in Employment and Occupation (2000/78)

• European Commission Recommendation and Code of Practice on the protection ofthe dignity of women and men at work (92/131)

• European Council Recommendation on Childcare (92/24)



The UK’s Sex Discrimination Act 1975 (SDA) is the most important piece of legislationwhich protects women from discrimination in employment, though it is not specific to thefishing sector. The SDA imposes the following conditions on gender related issues:

“the SDA prohibits sex discrimination against individuals in the areas of employment,education, and the provision of goods, facilities and services and in the disposal ormanagement of premises. It also prohibits discrimination in employment againstmarried people. It is not unlawful to discriminate against someone because they arenot married. Victimisation because someone has tried to exercise their rights underthe SDA or Equal Pay Act is prohibited.”

In general, it is unlawful for an employer to discriminate directly or indirectly on grounds ofsex or marriage in recruitment, treatment at work or dismissal. Discriminatory advertisementsare also unlawful under the SDA but only the Equal Opportunities Commission can takeaction against advertisers. The SDA applies to England, Wales and Scotland.

Other British legislation of relevance includes:

The Equal Pay Act 1970 (EPA) which gives an individual a right to the same contractualpay and benefits as a person of the opposite sex in the same employment, where the man andthe woman are doing:

• Like work; or• Work rated as equivalent under an analytical job evaluation study; or• Work that is proved to be of equal value.

The EPA has been interpreted to cover indirect sex discrimination as well as directdiscrimination i.e. where the pay difference is due to a condition or practice which applies tomen and women but which adversely affects a considerably larger proportion of one sex thanthe other and it is not justifiable, irrespective of sex, to apply that condition or practice. So,for example, the fact that a woman is paid a lower hourly rate than a man because she workspart-time and he works full-time is unlikely to be a good defence to an equal pay claim.

As well as the Sex Discrimination Act and the Equal Pay Act, the following legislativeprovisions apply in England, Wales and Scotland and may be relevant to cases of sexdiscrimination or equal pay.

• Disability Discrimination Act 1995

• Employment Act 1989

• Employment Relations Act 1999

• Employment Rights Act 1996

• Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations1996

• Health and Safety at Work etc Act 1974

• Human Rights Act 1998



• Management of Health and Safety at Work Regulations 1999

• Maternity and Parental Leave etc Regulations 1999

• National Minimum Wage Act 1998

• National Minimum Wage Regulations 1999

• Part-time Workers Regulations 2000

• Pensions Act 1995

• Protection from Harassment Act 1997

• Social Security Contributions and Benefits Act 1992

• Statutory Maternity Pay (General) Regulations 1986

• Statutory Maternity Pay (General) (Modification and Amendment) Regulations 2000

• Working Time Regulations 1998

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