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Part 5, Chapter 3 of the Equality Act 2010 consists of the Equal Pay Act that aims to ensure equal pay for men and women in employment across the UK and is overseen by the Equality and Human Rights Commission. As a further measure of ensuring equality within the legal profession, the SRA has made it a part of its regulation with the adoption of the Equality Act 2010. The provisions of the gender pay therefore also apply to solicitors who work in Law firms.

Section 78 of the Equality Act 2010 was enacted to prevent such discriminatory policies on wages by UK based employers with effect from 6th April 2017(Equality Act 2010). All such employers in the UK have been directed to publish six key calculations, (mean and median gender pay gap figures, the proportion of men and women in each quarter of their pay structure and bonus pay gap details) on both their firm's websites and a recommended government site. Law firms with two hundred and fifty employees have also been required to submit annual reports of their pay structure with effect from April 2017.

Section 78(2)(a) provides a loophole for many firms because the provision only requires firms with two hundred and fifty employees and above to render annual

50 accounts of such pay structures. This implies that law firms with a lower population (less than 250 employees) will not be obliged to disclose their wage structures. About one-third of UK's top 50 firms have published their figures in their reports (Legal Week publication 14th _{February 2018). These include magic circle firms like Slaughter and} May, Linklaters, Freshfields, Clifford Chance and Allen and Overy.

All five magic circle firms recorded significant gender pay difference where male practitioners were being paid more than their female colleagues. At Allen and Overy male practitioners were paid 24.4% more wages than females for the financial year April 2017 to April 2018. Slaughter and May LLP paid 38.5% higher, Linklaters reported a 39.1% higher pay over those of women and Clifford Chance reported a 37.2% higher wages for men.

Others include Traverse Smith, Addle-Shaw Goddard, CMS and Taylor Wessing, to mention a few.

Traverse Smith LLP revealed that an average hourly pay for female staff is 14.7% lower than men, while bonus paid to male practitioners on average was 37.8% lower for women (Financial Times, 19 March 2018; The Legal Week Report, 2018). Addle Shaw Goddard reported an average hourly pay gap of 23.8% in favour of men with average bonuses paid to men being 43.2% higher than those for women (Legal Week, 2018).

The HR director of Travers Smith, Moira Slape attributed the existence of the gender pay gap to the occupation of more junior roles by female associates while more males occupy senior business services roles. Niki Lawson, HR Director of Addle-Shaw Goddard, gave a similar reason for the gender pay gap. She explained that the pay and bonus gaps arise because of a higher proportion of females in lower-paid administrative and junior roles and more men in senior positions.

These revelations by Niki Lawson and Moira Slape, support the findings of some scholars that the legal profession has been feminized and has subsequently led to an increase in the number of female practitioners at the lower levels of large firms with lower wages (Bolton & Muzio, 2007; McGlynn,2016; Sommerlad, 2016; Sommerlad & Sanderson 1998; Thornton, 2016).

51 It has been reported that some large firms are resisting requirement to provide annual records of pay structures that included equity partners (Financial Times, 19 March 2018). The argument presented by law firms is that the remunerations of equity partners are based on profits, therefore, could not be seen as wages. Also, it has been reported that some law firms are yet to comply with the requirement to provide these reports.

Section 78 of the Equality Act, 2010, has no sanction for defaulting firms. The lack of punishment is likely to render the provision of the Act weak and ineffective. The Equality and Human Rights Commission may find it difficult to enforce compliance with this law. Furthermore, the provision seems too limited, as it is likely to affect mostly large firms to the exclusion of medium and small-sized firms that employ less than 250 employees.

Recently, many large law firms in England have chosen to review their wage structures in an attempt to eradicate gendered inequalities within the profession. The extent to which such measures can alter the current situation of disparities within the profession, especially at senior levels, remains questionable.

To ensure equality and diversity within firms, the SRA has consistently embarked on outcome focused regulations and initiatives which includes the requirement by firms to render annual equality and diversity accounts to the SRA. It is believed that through this medium, the SRA can monitor the impact of the equality and diversity initiatives on firms. It also provides a means to conduct appraisals of policies and strategies where necessary.

As a way of meeting with changing times and needs, the SRA also in conjunction with the Law Society often undertake detailed mapping surveys and embark on other research schemes which provide details about the circumstances that pertain to solicitors within the profession.

These surveys on equality and diversity began in earnest between 2009 and 2010 when the Law Society commissioned three distinct studies that examined professional issues faced by female solicitors, those from BAME and LGBT networks. The aim was to identify barriers that solicitors belonging to these groups have encountered or may encounter during their legal careers. The studies on BAME found a gap in pre-

52 qualification information management (Law Society Report, 2009). Those within the BAME network lacked the requisite knowledge to prepare themselves for entry into the profession and the challenges ahead while in practice. It revealed that many LGBT practitioners did not enjoy many social interactions with other members in the profession( Law Society Report, 2010).

Another survey conducted in 2010 on women solicitors by the Law Society revealed existing negative stereotypes against female solicitors and resistance to flexible working which slowed career advancement and retention.

Since then, several surveys have been sponsored to identify problems areas while many schemes have also been set up to tackle these problems found within the profession. These include among others, the Diversity and Inclusion charter, Schemes and forums for women, the disabled and those along ethnic lines.