Legal Position of Women

ibid, rate, woman, husband and act

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Following on this Act the professions of barrister, solicitor, veterinary surgeon and the highest grade of the home civil service have been opened to women but they have not been admitted to the consular or diplomatic services. Many have since been appointed justices of the peace; women now regularly serve on juries; and have also been admitted to the Police force with the same powers as men constables. They have also recently been admitted to the Institute of Actuaries, the Society of Naval Architects, the Institute of Bankers, the Auctioneers' and Estate Agents' Institute, the Land Agents' Society, the Surveyors' Insti tute. The Church of England does not admit women to the priesthood but there are women clergymen in the Congrega tional, the Baptist and the Unitarian Churches and the Wesleyan Church has authorised their admission.

Pay in the Civil Service and Local Government Employ ment.—Within the civil service, with one or two exceptions, women are paid at a lower rate than men for the same work. Women are required to resign on marriage. Under local authori ties, while there is no statute defining the respective salaries of men and women grants under conditions are made by the central government. For example, in the teaching profession, grants de pend on the payment of salaries on the Burnham scale, which lays down a lower rate for women than for men. Till recently it had been assumed that it was within the discretion of a local authority to pay women at the same rate as men for the same job. But this has become somewhat doubtful since the action of the authori ties at Woolwich, which would seem, if left unquestioned, to affect the legal position of all women local government employees. The Borough Council there had decided to give equal pay to its men and women lavatory attendants and were allowed to pay the rate they had fixed to the men, who were stated by the Gov ernment auditor at the audit of July 6th, 1928, to be "doing work of no greater value than that of the women lavatory attendants." But the Auditor disallowed, as illegal, the payment to the women of the sum by which the men's rate exceeded what he considered it was reasonable should be paid to a woman. The Council was therefore, by reason of the penalties attached to a surcharge, compelled to reduce the women's rate.

Industrial Employment.—The following are among the legal restrictions and regulations affecting industrial employment which apply to women only. A woman may not be employed below ground in a mine (Coal Mines Act 1911 s. 91) ; or above ground in connection with a mine in moving railway wagons or in lifting weights likely to cause her injury, or for more than 54 hours a week or continuously for more than five hours (ibid. s. 92) ; or in a textile factory for more than 56 hours a week (Factory and Workshops Act 1901 s. 24) ; or in a non-textile factory or workshop for more than 6o hours a week (ibid. s. 26) ; or in a factory or workshop to clean mill-gearing machinery in motion (ibid. s. 13) ; or with certain exceptions on Sundays (ibid.

s. 34) ; or on certain holidays (ibid. s. 35) ; or inside and out side the factory on the same day (ibid. s. 3i); or during meal times and she must have her meals at the same time as other workers (ibid. s. 33) ; or at wetspinning except under certain conditions (ibid. s. 76) ; or in any factory or workshop for 4 weeks after the birth of her child (ibid. s. 61) ; or in any industrial undertaking at night with certain exceptions (Employ ment of Women and Children Act 1920) ; or in certain lead processes (Women and Young Persons [Employment in Lead Processes] Act 1920) ; or in the painting of buildings with lead paint (Lead Paint Protection against Poisoning Act 1926 s. 2) except at "wall or ceiling paintings or any similar work of decorative design" (Order of 14th Nov. 1926). Under s. 79 of the Factories and Workshops Act 1901 the Secretary of State has power to schedule processes as dangerous or injurious and by Order in Council to forbid them generally or to women only. Under this power the employment of women, but not of men, has been forbidden in a number of processes in the manufacture of pottery (Statutory Rules and Orders, 1913, No. 2) ; in the casting of brass (ibid. 1908, No. 484) ; in working between the fixed and traversing parts of mule spinning machinery (ibid. 1905, No. 1103) ; in manipulating lead colour (ibid. 1907, No. 17) ; in lifting more than 65 pounds in woollen and worsted textile factories (ibid. 1926, No. 1463) ; in certain rubber processes in volving the use of lead (ibid. 1922, No. 329) ; in the manufacture of electric accumulators where manipulating red oxide of lead or pasting is carried on (ibid. 1915, No. 28). (See also LABOUR

LAW.) Trade Boards.—Under the Trade Boards Acts 1909 to 1918 minimum rates of wages may be fixed by Order in Council for any class of worker and this has been interpreted as giving power to fix different rates for men and women. Such minimum rates then become legally enforceable by the worker against his em ployer. In a very few processes women are given the right to enforce the payment of as high a rate of wage as men, e.g., in the chain trade, but there men are generally employed in the jobs for which the higher rates have been fixed, and in the lace finishing trade where chiefly women are employed. At October 1928 minimum rates had been fixed in 39 trades. In the follow ing 37 trades the rate per hour enforceable by the lowest grade of woman worker is in general little more than half that enforce able by the lowest grade of man worker :—aerated waters ; boot and floor polish ; boot and shoe repairing ; brush and broom ; but ton manufacturing; coffin, furniture and cerement making; cor set ; cotton waste reclamation ; dressmaking and women's light clothing; drift nets mending; flax and hemp; fur; general waste materials reclamation ; hair, bass and fibre ; hat, cap and milli nery; hollow ware; jute; laundry; linen and cotton handkerchief and household goods and linen piece goods; made up textiles; milk distribution; ostrich and fancy feather and artificial flow ers; paper bag; paper box; perambulator and infant carriage; pin, hook and eye and snap fastener; ready made and wholesale bespoke tailoring; retail bespoke tailoring; rope twine and net; sack and bag ; shirtmaking ; stamped and pressed metal wares; sugar, confectionery and food preserving; tin box; tobacco; toy; and wholesale mantle and costume. The only trade in which the lowest grade female workers' rate approaches the male rate is in the boot and shoe repairing trade where the male rate is thirteen pence halfpenny an hour and the female tenpence. In this trade the rate is payable to both from the age of 21, while, in general, the rate is payable to the woman from 18 and to the man from 21 years. (See TRADE BOARD.) National Insurance.—A woman who has an insured husband, even if not herself insured, is entitled to a cash maternity benefit at the time of the birth of a child, to a pension of ten shillings when she is 65 if her husband is 65, and, after the death of her husband, to a pension of ten shillings a week and to weekly cash benefits for her children of school age. On the other hand a woman in the employment of her husband is excluded from national insurance and a married woman is not allowed to be a voluntary contributor under the scheme, while the employments of domestic service and female nurses are excluded from unem ployment insurance. (See NATIONAL INSURANCE.) Marriage.—A woman is capable of marrying at 16, the same age as a man. A woman may sue a man, or a man a woman (Harrison v. Cage 1698 Lord Raym. 386), for breach of promise of marriage. The domicile of a married woman is that of her husband. A husband cannot force his wife to live with him (Rex. v. Jackson 1891, i Q.B. 671 C.A.). A husband (Winsmore v. Greenbank [1745] Willes 577) or a wife (Gray v. Gee 1923, 39 T.L.R. 429) has an action for damages against a third party who without just cause entices his or her spouse away. A husband is required to maintain his wife. If he does not, she may pledge his credit for necessaries suitable to his station in life (Johnston v. Sumner [1858] 3 H.&N. 261). If he wilfully refuses or neglects to do so by not providing money, or not working, and she becomes chargeable under the poor law he is liable (Vagrancy Act 1824 s. 3) and the guardians may apply for an order against him for her support (Poor Law Amendment Act 1868 s. 33). The guardians can similarly apply for an order against a woman with separate property for payment for the support of her husband who has become chargeable to the parish (Married Woman's Property Act 1882 s. 20), but he cannot pledge his wife's credit. A husband married after January ist, 1883, is liable for debts contracted by, or contracts entered into, or torts committed by, his wife before marriage to the extent of property he has acquired through her (ibid. s. 14) but a wife has no corresponding liability. A husband is liable for a tort committed by his wife during marriage unless the tort arises out of a contract (Edwards v. Porter 1925, A.C. r) but a wife has no corresponding liability.

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