IWD: Hybrid working must not become a catalyst for proximity bias

In 2018 the Law Society published a survey stating that unconscious bias was one of the biggest barriers faced by women across the legal sector.

Not being given a promotion or big projects to work on because you have other responsibilities outside of work, such as childcare, is often seen as a kindness – but in reality, it’s unfair treatment.

This is one of many scenarios that women can face during their careers – pointing to a bias that can swipe opportunities away from talented female solicitors looking to progress.

Despite the substantial progress that’s been made towards equal opportunity, women in the legal profession remain under-represented in positions of leadership, influence and economic reward.

Change to re-address this can only come in the form of education and calling out bias when it is seen, to ensure workplaces change.

Currently, data from the SRA shows there’s a surge in women joining the legal sector, with 52% in the current legal workforce. However, this is not represented at the top levels of law firms, where only 35% of partners are women.

Change has been slow: in 2021the percentage of female partners was at 34%. We mustn’t allow this glacial pace to grind to a complete halt in the post-Covid environment.

Covid changes

It’s important to recognise the part that the coronavirus pandemic has played in changing attitudes to the way we work and how we perceive one another, particularly in terms of working from home and balancing chidcare responsiblities.

It can be argued the profession was forced to change its working practices when the first lockdown came into force in March 2020, forcing millions to work from home long-term overnight.

Widespread, flexible working is one of the few silver linings from the pandemic and it has to stay.

Working from home has great benefits and if we want a sustainable profession, we need to ensure that the positive wider impact of these changes last.

Flexible working policies are of real significance for those that balance commitments at home, eliminating lengthy commutes and giving greater time management and control between home and work.

At the same time, the lines between the two have become more blurred, so care and thought is needed for any approach implemented.

Hybrid working and bias

A hybrid approach to the working week makes things easier for many, but also opens the door to so-called ‘proximity bias’ – where those who choose to go into an office for work, might be treated better.

In some ways, this is an extension of ‘affinity’ bias – where a natural rapport builds between those that come into the office, leaving those who can’t, out in the cold.

Hybrid working has the potential to exacerbate this scenario significantly.

My concern is that an unconscious proximity bias towards women in the workplace will begin to emerge as a result of this. It’s a well known fact that women often take on the lion’s share of ‘household and care’ responsiblities and are more likely to work from home than their male collaegues.

The long-term concern for many will be that while hybrid working allows us all to get a better work-life balance, it could also become an excuse for old-fashioned gender roles to become more entrenched – and for women to become marginalised in the workplace as a result.

Moore Barlow is looking to lead the way in readdressing the balance. Nearly two fifths of all our lawyers work part-time, which is starting to cascade across the partnership – with around 10% of our partners currently work part-time.

Our long-term ambition is for this percentage to proportionately represent all our lawyers, at all levels. This will help to serve as a good marker that our firm’s culture is right and that needing to balance work and life responsibilities doesn’t hold people back or act as a barrier to career progression.

This means that law firms have an important job on their hands. They must ensure that taking a step forward in offering all employees flexibility and a balanced approach to work isn’t at the detriment of how women are treated in the workplace.

To do this will require cultural change and open, honest conversation about bias in the workplace.

It is only through transparency, shared awareness and learning from mistakes where they happen that we can ensure proximity bias doesn’t take root in our workplaces.

 

Amandeep Khasriya is a member of the Law Society’s women lawyers division and a senior associate at Moore Barlow

 

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