The longest journey

Newly qualified women solicitors first outnumbered their male counterparts in the mid-1990s – a notable milestone. I was one of them, and recall the 1990s as a time of hope in the profession. The teens of Thatcher’s Britain had come of age ready to take on the status quo and, in the case of women lawyers, they were ready to challenge a very male-dominated profession. Instead, progress was slow.

Because of the rate at which women leave the profession, it was 2018 before they outnumbered men – 99 years after the Sex Disqualification (Removal) Act 1919 first made it possible for women to become lawyers.

Residual inequality is starker the further up the profession’s hierarchy you look. Those women who graduated and qualified in the 1990s should by rights be partners now. That is the expected career trajectory – and some are. But the SRA’s latest workforce diversity survey shows that, while progress is happening across the sector, with the proportion of women in law firms in 2023 increasing by five percentage points to 53% on 2015, the gap at senior level remains. Some 32% of full equity partners are women, while 47% of salaried partners are women across firms of all sizes.

However, the gender gap at senior level is particularly evident in larger firms, where financial rewards are highest. Here, the report notes, 34% of all partners and 28% of full-equity partners are women.

Meanwhile, according to data published by UCAS in 2023, the ratio of female to male law graduates is now nearly two to one, raising the threshold of what ‘fair’ will look like for the current cohort of lawyers-to-be.

Motherhood penalty

Caring responsibilities, especially for children, are disproportionately shouldered by women, with maternity leave representing a career ‘break’ – a disruption, even for women who return to full-time work. It is not the only challenge to career progression women face, but it is the single most significant obstacle many in the legal profession identify.

Emma Richardson, people director at Cripps, explains why tackling gender balance is so important: ‘Some people think this is a women’s issue rather than a business issue. But with an ageing workforce, it’s absolutely vital that we tap into the women in our firm. We see it as a business imperative to do so.

‘Attracting women is not the challenge,’ she adds. ‘The challenge is to retain them during the years that they have caring responsibilities. Women are typically leaving at senior associate level for childcare reasons. But, as a firm, we want to make sure that they have a career path back. There are levers you can pull to encourage them to stay and to come back. Having flexible working arrangements is important, as is enhanced maternity leave, and encouraging men to take shared parental leave.’

Amandeep Khasriya, partner at Moore Barlow and chair of the Law Society’s Women Solicitors Network, agrees that a clear pathway back following a career break is vital, as is having support in place before women even go on leave: ‘Motherhood is a stage in life where you step away from your career. There needs to be a lot of support in place. Part of the battle is that some women fear coming back to a demanding environment, which has traditionally shown no flexibility, even though that has changed now. So, we look at how on their return we can make things as smooth as possible.’

Taking a career break often means that women miss promotion opportunities. Helena Davies, property litigation partner at Brabners, recounts her experience when taking two 12-month periods of maternity leave: ‘I would say that having children set my career back at least five years and maybe more. I recall the impact of being out of the workplace – loss of confidence, out of date with the firm’s IT systems, out of date with changes in the law, and all the client relationships one has built up for years being taken over by colleagues.

‘Even with the most progressive and patient of line managers, which I was lucky enough to have, these hurdles felt insurmountable at the time. For women who have issues with fertility, loss of pregnancy, other caring responsibilities and so on, it is hard to see how there could be no impact on career progression.’

Serious conversations

Clear policies are vital, says Khasriya. ‘People who want to be promoted should feel able to have serious conversations about their careers. Women definitely find it difficult to have those conversations in a male-dominated patriarchal society. We need to be in an environment where our thoughts are well received.’

Some argue private practice also needs to reassess its markers of success and profitability: billable hours and years of experience.

‘Billable hours can work, as long as the targets are reasonable,’ Davies says. ‘That said, the whole notion of assessing everyone’s contribution to a firm by reference to how much they bill is, in my opinion, an outdated model.

‘For some lawyers, ploughing through client work is exactly what they want and do best. For other lawyers, their contribution might be much broader and a strict requirement to achieve billable hours could severely hamper how those other skills are utilised. Mentoring, supporting special interest groups, pro bono work, assisting with trainee recruitment and supervision, marketing and business development – all these are key contributions to the business and will be recognised as such in a modern law firm. We support this by providing a holistic view of performance to colleagues, which recognises their contribution beyond fee-earning.’

Cripps has similarly moved away from traditional markers of experience to competency-based ones, as Richardson explains: ‘There is still the suggestion across the sector that if a woman takes two maternity leaves that they are behind their male counterparts. As a firm, we don’t rely on PQE, we recognise that people can gain experience in different ways. So, we have introduced a competence framework to make sure we are checking the correct skills and behaviours. It’s not just about being technically good at your job, but about how you interact with colleagues and others around you.’

Women in Law Pledge

The Law Society’s Women in Law Pledge was created in 2022, in partnership with the Bar Council and the Chartered Institute of Legal Executives. It commits firms who sign up to support the progression of women into senior roles by focusing on retention and promotion opportunities, as well as setting clear plans and targets on gender equality. ‘We need to have targeted action, and by signing up to this pledge, it allows firms to address this,’ explains Khasriya.

She acknowledges that some may see targets as detracting from a merit-driven approach, but rejects this notion. ‘Meritocracy is filled with bias and hard wiring that we can’t undo unless we have regular training,’ she says. ‘Meritocracy is a euphemism for “we will do what we want”. Women deserve a seat at the partnership table, and the reward and remuneration that comes at that table. [Instead], they have checked out due to structural barriers and societal pressures.’

While flexible working patterns are increasingly the norm, arguably the juggle becomes even harder when working remotely. And physical absence may reduce promotion chances. ‘There is a damaging bias around presenteeism, which holds women back,’ Khasriya says. ‘There is still a penalty for people who don’t come into the office as much.’

Recognising the contribution of part-time partners is a critical part of the equation, and requires support at partner level, says Helen Goatley, chair of Moore Barlow: ‘When I first became a partner, I was fortunate to join with two other working-mum partners who had led the way. I benefited from their understanding and encouragement. As I returned part-time after maternity leave, I was the first to demonstrate financial success in the role of departmental lead, while working part-time hours in the office.’

Midlife redefined

The problem of attracting women back after maternity leave is compounded by the ongoing caring responsibilities that are predominantly taken on by women – including for elderly family members.

A 2022 poll by Ipsos Mori and the charity Business in the Community found that, not only do women account for 85% of sole carers for children, they also make up 65% of sole carers for older adults. Furthermore, 8% of carers identify as ‘sandwich carers’, namely with caring responsibilities for both a child and an adult.

‘Age demographics are such that women are often also taking on care responsibilities,’ Richardson says. ‘They are being squeezed between children and elderly care. Added to which, they may well be perimenopausal at the same time.’

Amanda Dow, director of human resources at RWK Goodman, explains that to support colleagues with caring responsibilities, the firm offers ‘enhanced care for dependant leave, which covers carers and parents, giving them up to five days paid leave’.

‘The law in this area is shortly due to change via the Carer’s Leave Act 2023, which is due to take effect from 6 April 2024,’ notes Paris Smith employment partner Tabytha Cunningham. ‘It will provide a new statutory entitlement to one week of flexible, unpaid leave per year for employees who are caring for a dependant with a long-term care need. It’s an important change and will at least open the dialogue with employers.’

Menopause

A report by the Chartered Institute of Personnel and Development on employees’ experience of menopause in work contexts found that over half of respondents had ‘been unable to go to work due to menopause symptoms’, while 26% said that menopause had had quite a negative or a very negative impact on their career progression. This figure rose to 38% for women who identified as minority ethnic.

Guidance issued by the Equality and Human Rights Commission earlier in February stated that menopause symptoms could amount to disability if the symptoms have a long-term and substantial impact. It is a welcome recognition of significance for those affected.

‘The guidance provides a very user-friendly resource for employers to learn more about the impact of menopause in the workplace,’ says Michael Kerrigan, employment partner at Debenhams Ottaway.

Clare Glazsher, who is ‘menopause champion’ at The Family Law Company, highlights the importance of having the right policies. ‘Unusually we have 89% women in our business,’ she says. ‘So we know that ensuring they had support during their experience of menopause and perimenopause was important. Having a menopause policy and permission to talk openly, and knowing they can ask for reasonable adjustments can really help with symptoms.’

The business case for supporting women in midlife is clear. Glazsher says: ‘This isn’t just a “nice to have” to ensure staff feel valued, it ensures retention of experienced colleagues who may otherwise feel unable to continue in their roles.’

‘They are one of the biggest cohorts in the legal profession, and we need to retain their years of wisdom,’ Khasriya adds. ‘I see the taboo around this topic breaking, but there is more work to be done.’

'Menopause is by definition intersectional. It’s gender-based and it’s about being older. Law firms are commercial entities, rightly so, but they aren’t very attuned to this'

Farhana Shahzady, Streathers Solicitor

Farhana Shahzady is a partner at Streathers Solicitors and founder of the Family Law Project. She explains the importance of supporting women at this time: ‘If you don’t, you’ll lose them. You’ll have an exodus. I have been in a few different firms, but there is little conversation going on about the issue.’

Menopause is ‘by definition intersectional’, she says. ‘It’s gender-based and it’s about being older. Law firms are commercial entities, rightly so, but they aren’t very attuned to this. There is a lot of rhetoric but no action. You need to create the right internal culture, and mentorship is important. Women need someone to wave their flag, and they need sensitive policies. If enough structures are in place, they can get through this. Ultimately, the menopause is a medical issue, but employers and law firms in particular should have provision for HRT and doctor’s assessments.’

Classing menopause as a disability, though, may actually hinder progress, she argues: ‘It makes a normal biological process seem abnormal. I absolutely accept that some menopause symptoms can be disabling but it is not going to help protect women if menopause is associated with disability. I think it will set women back in the workplace and in wider society to be viewed in this reductive way.’

Work to be done

Particular work is needed in recognising intersectional barriers to progression. As with all forms of bias, intersectionality is best understood by those who face it.

‘I am female, older and identify as perimenopausal as well as being south Asian,’ says Shahzady. ‘It’s a confluence of disadvantages. At the moment, there is a desire to welcome diversity but not intersectionality.’

‘I hope on the theme of gender diversity that people also consider the intersectional element,’ Khasriya concludes. ‘We are not a homogeneous group – we all have different backgrounds, races and religions – we all have different hurdles and challenges.’

 

Maria Shahid is a freelance journalist