Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Equal remuneration in the public sector. The Committee notes with interest the adoption of the Equality Act, 2006, establishing the Commission for Equality and Human Rights and introducing a “gender equality duty” for public authorities to eliminate sex discrimination and promote equality of opportunity between men and women. It notes that more specific duties are under consideration as part of a framework to achieve gender equality in the public sector. One of the proposals would oblige public authorities to develop and periodically review a policy on equal pay arrangements between men and women – including measures to ensure fair promotion and to tackle occupational segregation. Noting that the gender equality duty comes into force in April 2007, the Committee asks the Government to provide information in its next report on the specific duties adopted to address the gender pay gap. Please also include information on the activities carried out by the Equal Opportunities Commission and the Commission for Equality and Human Rights to enforce and raise awareness about this gender equality duty on their impact in achieving equal pay between men and women throughout the public sector.

2. Part IV of the report form. The Committee welcomes the summaries of equal pay decisions included in the Government’s report and asks for similar information to be included in subsequent reports. The Committee notes from the case statistics for the Employment Tribunal (GB) that a total of 3,943 equal pay cases were filed in 2004–05 – more than twice the number of cases filed in the previous reporting year (1,563). Despite this dramatic rise in caseload, the Committee notes that there were in fact fewer successful cases at hearing (20) than in the previous reporting year (51). While recognizing that a significant number of cases in 2004–05 were settled or withdrawn and that each case must be decided separately on its own merits, the Committee recalls the reference by the Women and Work Commission to the barriers women face in bringing equal pay claims, referred to in its observation, and asks the Government to shed some light on this trend in equal pay cases before the Employment Tribunal (GB), both in terms of the number of cases filed and the number of cases successful at hearing.

3. Wales, Scotland and Northern Ireland. The Committee notes the legislative changes in Northern Ireland affecting the Equal Pay Act (NI), 1970, and the new rules governing the hearing of equal value cases by industrial tribunals to promote greater efficiency in the complaints process. It also notes the ongoing pay gap campaigns in both Wales and Scotland. The Committee asks the Government to continue to supply information on the practical application of the Convention in Wales, Scotland and Northern Ireland.