Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the adoption of the Equality Act 2010, which repeals a number of legislative texts concerning equality and non-discrimination, including the Equal Pay Act 1970. The Committee will examine the new legislation in detail together with the Government’s report, at its next session. The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Measures to tackle the overall gender pay gap. The Committee notes the Government’s continued commitment and efforts in addressing the causes of the gender pay gap and asks the Government to provide information on the progress made in implementing the 2009 recommendations of the Women and Work Commission (WWC), and their impact on reducing the gender pay gap in the public and private sectors.

Equal remuneration in the public sector. The Committee notes with interest the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 and the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) (Scotland) Order 2007 which require public authorities to prepare and publish a gender equality scheme and to consider the need for objectives to address the causes of the gender pay gap; gender equality schemes are to be reviewed every three years. It also notes with interest the statutory Gender Equality Duty Code of Practice for England and Wales which came into effect in April 2007. The Committee notes from the Government’s report that while some progress has been made in meeting the gender equality duty for public authorities, there appears to be a need to set clearer objectives and establish appropriate monitoring mechanisms. The Committee further notes that the Equality and Human Rights Commission (EHRC) has published guidance materials and equal pay audit kits and that guidance material on job evaluation and the management of change in pay systems would be available in 2009. It is also developing its own enforcement strategy in respect of the gender equality duty. The Committee asks the Government to report on the results achieved with respect to the implementation of gender equality schemes by public authorities, and in particular with respect to the need to address the causes of the gender pay gap, as well as on the EHRC’s enforcement strategy for the gender equality duty.

Measures to address the gender pay gap in the private sector. The Committee recalls its previous comments concerning the need for more proactive measures to address the gender pay differentials in the private sector. The Committee notes that the Government continues to favour voluntary equal pay reviews (EPR) in the private sector and has undertaken a series of actions to address the gender pay gap. The Committee notes the promulgation of good practices by employers and the publication of a gender equality checklist. The Committee further notes the findings of the Equal Pay Reviews Survey 2008 carried out by the EHRC highlighting that EPR activity has increased since 2005. However, the survey also indicates that EPR activity remains low in the private sector (23 per cent as compared to 43 per cent in the public sector) and that more work is needed to convince employers that there may be unconscious or institutional bias in their pay structures. The Committee asks the Government to continue to report on trends with respect to the number and impact of equal pay reviews and on the measures taken to reduce the gender pay differentials in the private sector. Please also indicate any measures taken to raise awareness among employers of the need to address gender biases in their pay structures. The Committee asks the Government to continue to report on trends with respect to the number and impact of equal pay reviews and on the measures taken to reduce the gender pay differentials in the private sector. Please also indicate any measures taken to raise awareness among employers of the need to address gender biases in their pay structures.

Part-time and flexible work. The Committee recalls the high gender pay gap for part-time workers and the WWC’s recommendation for a UK-wide quality part-time work change initiative so that more skilled occupations and professions are open to part-time and flexible work. The Committee notes that notwithstanding the £500,000 quality part-time work initiative funded by the Government, the WWC, in its 2009 report, expressed disappointment about the progress made in the private sector (where the gender pay gap is still at 39.9 per cent). The WWC recommends that, by March 2010, the Government Equalities Office (GEO) should take the lead on developing a work programme to promote quality part-time and flexible work. Considering the continuing wide pay gap between part-time female workers and full-time male workers, the Committee asks the Government to step up its efforts in narrowing this gap, and to report on the progress made by the GEO in developing a work programme to promote quality part-time and flexible work, as well as its implementation.

Part IV of the report form. Equal pay claims. The Committee recalls the WWC’s recommendation (2006) to extend the legislation to introduce the concept of the hypothetical comparator and to introduce generic or representative equal pay claims. The Committee notes the Government’s reply that it remains unconvinced of the need for hypothetical comparators and considers that the current equal pay framework and remedies are appropriate for dealing with cases where work is acknowledged to be different and of different value. The Committee notes, however, from the Equal Pay Reviews Survey 2008 that it is still relatively uncommon for employees to seek to tackle employers over equal pay issues. In addition, the EHRC is of the view that the complaints-led model places undue burdens on individual women and on Employment Tribunals; and that there is a need for representative equal pay claims as well as for the concept of hypothetical comparator (Equal pay strategy and position paper, March 2009). The Committee asks the Government to consider extending the legislation to introduce the concept of hypothetical comparators in equal pay claims and introducing generic or representative equal pay claims. In the meantime, the Committee asks the Government to indicate any other measures taken to address the barriers faced by women bringing equal pay claims.