Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislative developments. The Committee notes that the majority of the provisions of the Equality Act 2010, which repealed the Equal Pay Act 1970, came into force in October 2010, with some provisions, including those related to the public sector equality duty, scheduled to enter into force in April 2011. The Committee notes that the Equality Act, as in the Equal Pay Act, continues to provide for equal pay between men and women for like work, work rated as equivalent, and work of equal value, and that work of equal value continues to be defined in terms of the demands with reference to factors such as effort, skill and decision-making (section 65). It also notes that where a question arises before the employment tribunal as to whether one person’s work is of equal value to another’s, the tribunal may require a panel of independent experts to prepare a report on the question (section 131). The Committee notes that pursuant to section 78 of the Act, “Regulations may require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees.” The Government indicates that with the adoption of the Equality Act 2010, the gender equality duty, which required 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a gender equality scheme and to consider the need for objectives to address the causes of the gender pay gap, has been replaced by a new single equality duty.

The Committee asks the Government to provide information on the following:

• (i) the practical application of the Equality Act 2010 as it relates to the principle of the Convention, including information on the cases before the employment tribunal and the courts, and the outcome thereof;
• (ii) whether regulations have been adopted pursuant to section 78 of the Equality Act, or whether such regulations are envisaged, and if so, please provide the details of such regulations;
• (iii) the impact of the Equality Act on the public sector equality duty, in particular regarding the preparation of gender equality schemes and determining objectives to address the gender pay gap;
• (iv) details of the Equality and Human Rights Commission’s enforcement strategy for the equality duty as it relates to equal remuneration for men and women for work of equal value.

Gender pay gap. The Committee notes that according to the Office for National Statistics, the gender pay difference for all employees decreased from 22 per cent in 2009 to 19.8 per cent in 2010 (based on median hourly earnings); in 2010, the gender pay difference was 19.2 per cent in the public sector and 27.5 per cent in the private sector. The largest gender pay difference was for the financial and insurance activities sectors at 39 per cent. In terms of occupations, the Committee notes that the narrowest pay gap in 2010 was for professional occupations (1.6 per cent) and the widest for skilled trades occupations (31.4 per cent). The Committee also notes the Government’s indication that the gender pay gap has continued to decrease among lower-paid jobs, and that many women (who in 2009 made up two-thirds of those in jobs paid at the national minimum wage) have positively benefited from the national minimum wage. The Committee notes further from the Equality and Human Rights Commission Triennial Review 2010 “How fair is Britain” that “occupational concentration is consistently found to be one of the most powerful factors in explaining the gender pay gap”, with men concentrated in higher paying industries and women in the public sector, as well as considerable vertical segregation, with women being under-represented in “better-paying, higher status managerial and professional occupations”. In response to its previous request, the Committee notes the Government’s indication that it has accepted 40 out of the 43 recommendations of the Women and Work Committee, including recommendations aimed at tackling gender inequality in the education system, and gender segregation and stereotyping in education, training and career advice, and assisting workers, both women and men, to balance work and family life, including through promoting quality flexible and part-time working arrangements. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap in the public and private sectors, as well as on the steps taken to address the pay gap and vertical and horizontal occupational segregation. Please also continue to provide information on the measures taken by the Government Equality Office, the Equality and Human Rights Commission and the Women and Work Committee, as they relate to equal remuneration for men and women for work of equal value, and the impact of such measures. The Committee also requests specific information on the concrete steps taken to follow-up on the recommendations of the Women and Work Committee that have been accepted by the Government, and the impact of such measures on reducing the pay gap and occupational segregation.

Promoting equal pay in the private sector. The Committee notes the Government’s indication that the Equality Act 2010 promotes equal pay in the private sector as it prevents the enforcement of pay secrecy clauses in employment contracts. The Government also states that it is “keen to develop further voluntary approaches to help employers identify and correct wage gaps”, and that the search will continue for further ways to encourage transparency, and on gathering and publishing evidence on the effectiveness of the equal pay audits. The Committee also notes the continuation of the Scottish “Close the Gap” partnership project, focusing on large private sector companies, with an emphasis on awareness raising and encouraging action to address occupational segregation, as well as a similar partnership campaign in Wales. With respect to public procurement, the Committee notes the Government’s statement that approximately £220 billion is spent each year by the public sector through contracts with the private sector, and one of the objectives of the Government Equalities Office is to promote and achieve equality through public procurement. The Committee asks the Government to provide specific information on how the principle of the Convention is promoted in the private sector through public procurement and the impact of such measures. The Committee also asks the Government to provide information to clarify how in practice the application of section 77 of the Equality Act 2010 prohibiting pay secrecy clauses has promoted equal pay. Noting that the Government intends to develop further voluntary approaches to help employers identify and correct pay gaps, the Committee asks the Government to provide information on progress made in this regard. The Committee also asks the Government to provide information on the nature and number of equal pay reviews, and any further steps taken to encourage transparency and to gather and publish evidence on the effectiveness of equal pay audits. Please also continue to provide information on the steps taken in cooperation with employers’ and workers’ organizations to give effect to the principle of the Convention.

Part IV of the report form. Enforcement. The Committee notes the Government’s indication that pursuant to the Equality Act 2010, employment tribunals are able to make recommendations in discrimination cases to benefit the wider workforce and prevent similar discrimination from occurring in future (section 124). The Committee asks the Government to continue to provide information on the number and outcome of equal pay claims. Please also provide specific information on any broader recommendations of the employment tribunals to benefit the wider workforce, and the impact of such recommendations. Please also indicate any other measures taken or envisaged to address the barriers faced by those bringing equal pay claims, as previously raised by the Committee.