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Gender divide on unpaid hours not changing quickly enough

New research highlighting the volume of unpaid hours being undertaken by women compared to men is unsurprising and demonstrative of an issue that is not being properly addressed.

user iconJerome Doraisamy 12 September 2019 Big Law
Jane Needham
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Recently, the Victorian Government’s Office for Women found – via research conducted by Deloitte – that the average female provides 1.6 times more value in unpaid work and care than the average male, with women spending an additional 13.1 hours per week on such unpaid tasks. Further, it found that women spend 28.6 more working days (or 1.4 more working months) per year than men on unpaid work combined.

The impact of such additional responsibilities, the research noted, leaves women with a lot fewer hours in the day to do their professional work.

What is the problem?

Barrister Jane Needham SC, who is the former president of the NSW Bar Association, responded to the findings with a “prolonged sigh”, because “things aren’t changing as quickly as they need to”.

By the time she gets to work, she explained, she has already “used up all my advocacy, mediation, arbitration skills, getting three kids dressed, had breakfast and out the door”.

“It gives women an added burden of hours. [The Women’s Gender Equality Agency] puts the average unpaid hours done by women at 56.4 hours a week, and 64 per cent of [that is] unpaid work. For men, 63 per is paid work of their similar number of hours a week, 55.5,” she recounted recently on The Lawyers Weekly Show.

“What is interesting is that the unpaid work done by men is fairly constant throughout their lives. They do a certain amount, and that doesn’t change whether they have children or not. And, to me, that’s extraordinary, because a woman’s burden of unpaid work skyrockets with the advent of children.

“So I think what we really need to do is look at the way in which the legal profession deals with people who have children, whether theyre male or female, and encourage firms to take that into account through the provision of flexible work policies, then ensuring that the gender pay gap is not applied for performance, where people can only come in at nine oclock and have to leave at 5:00pm.

“I think we need to normalise the ability of men to enter into childcare to be valued for housework, to be valued for the unpaid labor that they do with the elderly, and at the moment that is not happening.”

Flow-on effects for mental health

There is also the potential, Ms Needham added, for a cumulative impact on the stress levels of female lawyers, by virtue of the fact that “it’s almost never ending”.

Reflecting on life for barristers, she said: “Men generally leave one of three ways, retirement, death or appointment to the bench. Women very rarely get to retirement, because theyre appointed to the bench, and some of them do die, but generally speaking, more women leave to do other things.”

“They leave to go in-house, they leave to get a job in a firm, they have children and dont come back. And that tells me that there is a different stress for women than there is for men, and Im sure that mental health does play into it.”

How we can start to tackle the problem?

In order to address the disparity in unpaid hours, Ms Needham said a good place to start is in actively encouraging male lawyers to take the same kinds of carers or parental leave that has traditionally been the realm of female professionals.

“If, as part of employment packages, there was an element for carers leave, parenting leave – which would not be able to be taken as personal time or vacation leave – then I think youd have people saying, ‘Well, I can take time off to look after mum, or go to the sports day’, or whatever it is you want to do. I think that active involvement in parenting comes with an acceptance that it is really bloody hard work. At the moment there is [an attitude whereby people say], ‘Oh, arent you lucky having a day off?’ Well, its not a day off,” she mused.

When I work at home, I choose the days when my kids are late home, because then I have a lot more time just to sit and work and do what I need to do. But I just think we need a really solid hard look at work practices.

“I can absolutely understand why men dont want things to change. Theyre on a really good gig, theyve got well-educated, well-paid spouses who are picking up after them, whats not to love from that point of view? We need to make that kind of disparity in unpaid work socially unacceptable, rather than the goal that were all looking after.”

To listen to Jerome’s full conversation with Jane Needham SC, click below:

Jerome Doraisamy

Jerome Doraisamy

Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.

You can email Jerome at: This email address is being protected from spambots. You need JavaScript enabled to view it. 

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