Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Equal Remuneration Convention, 1951 (No. 100) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1971)

1. The remuneration gap and the minimum wage. Further to its observation, the Committee notes from the findings set out in the Low Pay Commission’s 2005 annual report that the minimum wage has exerted a major influence in narrowing the pay gap between men and women. It notes in particular that two-thirds of those benefiting from the increases in the minimum wage in 2004 were women, a large number of whom were part-time workers. The Committee asks the Government to continue to provide information on its minimum wage policies and their effects on reducing the pay gap between men and women.

2. Flexible working time. Further to the above, the Committee notes that, although the minimum wage policy has had a positive effect at the lower end of the earnings distribution, it is at the highest levels of pay where women remain significantly disadvantaged in comparison with men. The Committee notes from the Government’s report that the biggest pay gap between men and women continues to exist in the managers and administrators group where the gap actually widened by 2.1 per cent between 2001 and 2002. It notes the Government’s indication that increased provision of flexible working time should lead to a reduction in the remuneration gap by providing women with a greater choice of employment opportunities beyond low-paid and low-status work. Noting the right available to workers to request flexible working time under the Employment Act (2002), the Committee asks the Government to indicate whether this measure has helped women gain access to or retain managerial or administrator positions in both the public and private sectors. In this respect, it asks the Government to provide statistics where possible on the number of workers, disaggregated by sex, who benefit from flexible working arrangements and to state under what circumstances employers have refused to grant such requests and what sanctions are applied in the case of refusals.

3. Lower earnings limit. With respect to the national insurance lower earnings limit (LEL) the Committee notes that for 2004-05 contributions became payable on earnings from £91 per week whereas entitlement to national insurance benefits started accruing at £79 per week. Noting that 1.4 million women earn less than the lower limit as compared to 0.5 million men, the Committee welcomes the Government’s indication that it intends to continue to look at the effect of low pay on the ability of workers to accrue retirement benefits. Given that the segregation of women in some low-paid work, along with persistent pay gaps (particularly among part-time female workers), probably contributes to the greater inability of women as compared to men to meet the lower earnings limit, the Committee asks the Government to continue to provide information on the LEL and on any measures it is pursuing to ensure that women workers are not unfairly disadvantaged with respect to accruing retirement benefits.

4. Enforcement. The Committee notes the court cases on equal pay referred to in the Government’s report. It also notes, further to its observation, the measures adopted by the Government to streamline the procedures for equal value tribunal cases such as the appointment of specialist tribunal panels, the use of case management discussions, the provision of specialist legal training along with longer time limits for bringing cases under the Equal Pay Act. The Committee notes, however, that, in the opinion of the Equal Opportunities Commission (EOC), the current legislation places a burden on individuals to fight for equal pay in a manner that is costly for both employers and employees and that does not work. The Committee, therefore, asks the Government to indicate what impact these new streamlining measures have had on the number and outcome of equal pay complaints (including the time and cost involved) and what other measures it is pursuing or contemplating to assist workers seeking redress for discriminatory levels of pay. Please also continue to provide relevant judicial decisions, particularly concerning any recent cases dealing with the revised code of practice on equal pay.

5. Equal Opportunities Commission. The Committee notes that the EOC has identified addressing the existing remuneration gap as its top priority for 2005-08. In this regard, the Committee notes that the EOC is investigating three related causes, which together form the basis of its work on pay differentials - i.e. pregnancy discrimination, flexible working time and occupational segregation. It also notes from the EOC’s annual report (2005) the increased membership of the "equal pay forum" and the ongoing "close the pay gap" campaigns in Scotland and Wales. In this respect, the Committee invites the Government to continue to provide up-to-date information on the equal pay activities and outcomes of the EOC, including in Scotland and Wales. In particular, it asks the Government to provide information on the ongoing investigations of the EOC and, to summarize the key findings and recommendations relating to equal pay between men and women for work of equal value, along with an indication of the anticipated follow-up measures.