Still tough for women

The Equality and Human Rights Commission's recent 'Sex and Power' report on women in top jobs may make uncomfortable reading but it appears to back up the issue of women still being discriminated against in law firms. The report pointed the finger at employers for its conclusion that women's progress is going at a 'snail's pace'. Have we as lawyers moved with the times, or are law firms just paying lip service to the equality issue?

Where do the women go?

Law Society statistics show that 63 per cent of the entry level of the profession is female and 43 per cent of practising certificates are held by women, yet by the time of partnership, law is a male-dominated industry. In private practice only 21 per cent of female solicitors are partners, compared to 49 per cent of male solicitors. Where and why do all these women disappear along the way? Are women in law firms failing, or are law firms failing women?

A Law Society survey published in May found that male solicitors earn on average £19,000 more than females. Despite recent reports claiming a slight increase in the proportion of women partners in law firms (although not necessarily at equity level where it really counts), the women who contributed to this article suggest that we are still some way off in terms of achieving equality.

Alarmingly, women are not progressing through the ranks and, once they have done, are not being paid equally.

It may be no coincidence, then, that a lawyer from the City is seeking the largest-ever payout in a sex discrimination case. Gill Switalski told an employment tribunal that she left her £140,000-a-year job as head of the legal team at F & C Assets Management because of the way she was treated. The tribunal heard that her manager Mr Tonkin took every opportunity to marginalise and undermine her because she was a woman, and that this created an intolerable working environment.

Tonkin is alleged to have imposed conditions relating to flexible working and budgeting constraints which were not applied to male employees, and to have criticised Switalski for choosing a flexible working pattern. She chose flexible work hours so she could balance her job with the care of her sons, one of whom has cerebal palsy and the other Asperger's syndrome. Despite her senior level, she was not allowed to join the all-male management committee.

When she complained, she was told to 'put up or shut up'.

Switalski told the tribunal that her manager built close working relationships with male subordinates but subjected her work to closer scrutiny than other senior male employees.

'This is an individual who prefers the company of men and prefers working with them,' said Suzanne McKie, representing Switalski.

'She was a senior woman older than her manager and he had a particular difficulty working with her in that position.'

In August a tribunal rejected an application to review its orginal decision. She is claiming £19m in sex discrimination.

Never invited to the boardroom

The case is the untold story of numerous female lawyers. As Lucy, an ex-lawyer who has worked at two Magic Circle firms, says: 'My bosses were all male and they had studied at the same public school. There was a level of immediate trust among them. I was never going to break in to that.' Hospitality events all seem to be aimed at men '“ for example golf or football. There are women who enjoy these activities but for many their presence is just for the glamour. At a junior level the view on women is very different.

'We were always being wheeled out for pitches but for some reason never quite made it into the boardroom for the important meetings. As a young woman that worried me; I was not going to be young forever.

'I would look at the women who had made it to the top. I should have aspired to be like them, but in fact it was the opposite. They were all stressed and struggling trying to keep up with the men. They may have a huge salary and a nice house in Chelsea but they hardly ever see it. I did not want to live like that so I decided to get out.'

There are also the overt sexist comments that are made which are often only directed at those lower down the ranks. Michelle, a trainee in a firm in London experiences overt sexism regularly. She says: 'It happens all the time, the jokes, the whispering, and the boys' club. It may not be the laddish behaviour of a building site but trust me deep down it's the same mentality. We had another trainee who could not cope with the office banter. She had a traditional upbringing and had never been exposed to such behaviour. She would be in tears every day. She left but did not pursue a claim for fear of having a black mark against her name. It is a small legal world and you don't know who your boss knows.

'At my firm there is almost an active policy of recruiting young, attractive twentysomethings. My partner always takes me into meetings rather than the male trainees. I get mistaken for his PA regularly. Most of the time; he does not even correct them. Then we wonder why it's only ever the boys at the top,' says Michelle.

Pregnancy issues

Having a career break leaves most women playing catch-up for the rest of their careers. Upon return it seems to be an uphill struggle to re-establish themselves in the workplace. As one female lawyer said: 'I had given birth, not given half my brain cells away.' There is also the perception that women with children are now less committed and that work is no longer a priority.

Anita was a partner in a medium-sized law firm. 'When I fell pregnant, I was terrified of telling my senior partners. Even early on in my pregnancy, the pressure of returning to work once I had my baby had started. They must have suspected I would not return because a permanent member of the staff was recruited to fill my shoes. I was pushed to come back early.

'Then the partnership refused to allow me to work part-time as none of the other partners did and they did not want to set a precedent. I was fighting a lost cause. I knew what my rights were but, as with many other women, I did not want to take on a large law firm. It was frustrating but I truly believed it was their loss.'

Joanna Wade, partner at Palmer Wade, a niche firm specialising in employment discrimination law, sees many of these claims.

'The main battleground between women and the City is over maternity and flexible working hours. While there are encouraging examples of good practice out there, many firms are quite clear that if the woman cannot come back and work the silly hours that she was doing before, then she is on her way out. We had one employer who, following our client returning from maternity leave, told her 'your performance is not as good as it has always been'; co-incidentally she had just asked for flexible working hours. Many firms see part-time as a no-go area and they would rather push you out. The firm agreed to settle the case,' says Wade.

'We have another client who is the only woman in her group at a senior City institution and she knows that she is getting paid less than her male counterparts. Her difficulty, as is the case with so many women, is that if she raises her concerns before retirement then her career will be blighted.

'Unfortunately many of these cases do not see the light of day for that fear factor. When they do, women do not want the publicity.

I would encourage women to bring discrimination claims when they feel they can as this would be a valuable challenge to the established system.'

There are a few examples of women rising to the top but they have to be exceptional before they are recognised. As Michelle, an associate at one firm said: 'We have quite a few mediocre male partners. Our female partners really are something special. Most of them have sacrificed their personal lives for the job.'

Flexible working possibilities

There are a handful of firms that appear to have got it right. At Herbert Smith in London over 15 per cent of partners are female, and seven female partners and one male partner work flexibly. Shelagh McKibbin is an equity partner there. She had the first of her three children in 1990 and, after returning to work full time after her third child was born in 1997, decided to hand her notice in a year later. Not wanting to lose her, she was surprised when the partnership offered her the opportunity to work part time. It was a novel idea at the time. She says:

'Part-time hours are not only good for the employee but also for the employer. Most part-timers do not switch off when the day is done and they often take work home. They give more than 100 per cent for a fraction of the salary.'

Herbert Smith prides itself on being one of the few firms in the City that provide part-time working hours, with some of its partners working three- or four-day weeks and some working from home on certain days.

Shelagh says: 'There is a false notion in many firms that clients expect you to be there at all hours. My clients know I am a working mother and they do not resent it when I am not available as long as the service they receive is not compromised. However, it is crucial that you have a good team that supports you, and that your partner colleagues buy into it as well.'

The next challenge is to provide better flexibility lower down the ladder and prove that lawyers can still progress even if they choose to work flexibly.

Better in the regions

Regional firms have a much better record for creating work conditions that women can thrive in. Joy Kingsley, now senior partner at Pannone LLP, successfully managed to run a law firm for 14 years while juggling family life with her two boys. Pannone is the only law firm to be in the top ten of the Sunday Times' Best Companies to Work For survey and has sustained its position there for the past five years.

'We have measures in place to address issues that affect our female staff. Maternity leave is a big one for them and we start the planning process early on. We offer flexible working hours and some of our lawyers work from home on occasions. Firms are very keen to recruit good lawyers and if they do not recognise the strengths that female lawyers have, then of course it is a huge loss to their business, which in today's difficult times would be unwise.'

Bar a handful of firms, there is evidence that female lawyers are not getting the rights that they deserve. As a woman, if you make it to the top, you have to be exceptional. If statistics are to be believed then increasingly women are dropping out, changing career paths or moving to the regions where they can achieve the work-life balance they need.

The names of some of the women in this article have been changed to protect their identities.