Individual Case (CAS) - Discussion: 2006, Publication: 95th ILC session (2006)

A Government representative provided an update on gender pay gap statistics. The gender pay gap, i.e. the difference in average hourly earnings of men and women working full time without overtime, was 13 per cent as measured. In 2004, this represented a decrease of 1.5 percentage points. Although the gap was at an all time low, the Government was committed to reducing it further and aimed to give women genuine choices in balancing work and home care responsibilities. Since 2004, the most important development had been the creation of the Women and Work Commission, set up to make recommendations on tackling the pay gap. The Commission brought together employers, trade unions and experts in a wide range of fields. The "Shaping a fair future" report, a major outcome, had been presented to the Prime Minister in February 2006 and featured recommendations. The Commission had undertaken a detailed examination of evidence on the pay gap and had agreed to 40 recommendations. It had investigated a range of causes and concluded that there was no single solution to narrowing the gap. It identified a set of solutions that addressed four key areas: (1) informed choice for schoolgirls; (2) combining family and work life; (3) combining lifelong training and learning; and (4) improving workplace practice. The recommendations ensured that action would be embedded in Government work through public service agreement targets, the operation of a Ministerial Committee and a review in 2007. Government action would build on existing policies. All 88 government departments and agencies had in fact completed equal pay reviews and produced an action plan in 2004. Departments were encouraged to monitor progress with action plans and review pay systems. These were indications that the work undertaken was producing a positive impact in reducing the pay gap.

Beyond the civil service, the Government encouraged a voluntary approach to pay reviews. Targets set aimed to have 35 per cent of large organizations completing an equal pay review by 2006. Figures from 2005 showed that 34 per cent of large organizations had completed a review and were on target for 2006. By 2008, 45 per cent of these organizations were targeted to complete an equal pay review. Meeting the target involved initiatives such as the Equal Pay Panel of Experts, led by the Trades Union Congress (TUC), and more strategic implementation of the Women and Work Commission recommendations. The initiative had shown positive results. Two large service companies had conducted or were conducting equal pay audits. The Government believed in a voluntary approach in the private sector, a view reinforced by the Women and Work Commission. The Commission had concluded that legislation was only part of the answer and believed that changing business culture and opening up more quality part-time work, were key determinants in narrowing the pay gap. The Government was carrying out a discrimination law review, which would examine the current anti-discrimination legislative framework and also the scope for simplifying the law on gender-related pay discrimination.

The Government was also committed to closing the part-time gender pay and opportunities gap. In April 2005, this gap was 41 per cent, 1.5 percentage points down from 2004. The pay gap between part-time women workers and full-time men workers was an unacceptable 40 per cent. Government initiative would help to establish more flexible working arrangements for women. A Government commissioned research project into the characteristics of the part-time gender pay gap, which also compared part-time work in the United Kingdom with the other countries, aimed to identify levers for change. Key findings of the report "The part-time penalty" were that the pay differential between women working full-time and part-time within occupations was very small, but occupational segregation of women full-time and part-time explained most of the pay penalty. Women who moved from full-time to part-time work were more likely to change employer and this was a downward move. But the report found that improving access to flexible working seemed to be the most effective way of tackling occupational segregation. The Government had taken steps to promote and enable flexible working, by introducing the right to request flexible working to all parents of children under six and of disabled children under 18. As a result, the percentage of women changing employers when they returned to work almost halved between 2002 and 2006. In addition, almost 70 per cent of the beneficiaries of the up-rating of the national minimum wage in 2004 were women. The Government was working with the social partners and other bodies to bring lasting change to the issue.

The Employer members recalled that the terms of Article 3, paragraph 3, of Convention No. 100, did not permit to conclude that different rates of remuneration corresponding to objective differences in the work performed violated the principles of the Convention. Gender discrimination in pay was an old and difficult problem, involving a broad number of issues. Furthermore, differences in pay were the result of a myriad of factors that also reflected individuals' choices and work preferences; hence non-discriminatory reasons also accounted for why women were paid differently than men. The progress made towards reducing the pay gap would be incremental, and it was important to recognize that legitimate differences in pay would always exist. As the Committee of Experts' 2005 observation did not comment upon the relevant laws, legislation was not at issue: the question, rather, turned upon which strategies to put into practice in order to most effectively address the gender pay gap. The issues with respect to part-time work were especially complicated. The same factors present in full-time work also existed for part-time work; for instance, part-time work also reflected, in part, the work choices women made based on child-rearing responsibilities, or whether or not they were the main breadwinner in the family. And although the information supplied by the Government revealed a significant wage gap between part-time female workers and full-time male workers, was this a general characteristic of all part-time and full-time work? Did the same gap exist between part-time male workers and full-time male workers? The principle of the Convention, though quite simple on paper, was quite complex in its implementation. Ensuring equal remuneration between women and men required ongoing vigilance, which the Government had amply demonstrated.

The Worker members welcomed the information provided by the Government in response to the comments of the Committee of Experts, mainly regarding future intentions. They stated that the Committee had examined the case the last time in 1988 and that the Government had regularly supplied, since then, information on measures taken to give better effect to this Convention, including initiative to reduce the gaps in earnings between men and women, which still averaged 17 per cent. They noted that in the public sector, the earnings gap between men and women was 9.8 per cent, while in the private sector it was 22.5 per cent. The same situation applied in other countries. It was worrying to note that in this area, progress was slow, if one considered that in 30 years the average earnings gap had been reduced by only 10 per cent. In addition, as the Committee of Experts had noted, it was in temporary and part-time work that the greatest differences were found (38 per cent on average). The Committee of Experts should be provided with information on measures taken to reduce the earnings gap in sectors that showed the most unacceptable proportions.

The Worker member of the United Kingdom said that women in the United Kingdom had believed that the passing of the Equal Pay Act in 1970 and the ratification by the United Kingdom of Convention No. 100 would mark the end of their struggle. But, currently, the average hourly earnings of women working full time was 17.1 per cent less than that of men. The average hourly earnings of women working part time were currently 38 per cent less than those of men working full time. Part-time work in the United Kingdom tended to be concentrated on particular grades and sectors which were proportionally paid much lower than full-time work. Forty-two per cent of women worked part time as opposed to 9 per cent of men, and men were concentrated in high-wage employment. The introduction of the national minimum wage was a welcome protection for low-paid workers. Pay inequality was discrimination under the Sex Discrimination Act. Her own trade union, UNISON, had 1.3 million members of whom 1 million were women. Many were in the public sector and low paid. But research showed that women spent their money on food, their children and household items and therefore paying them better would be better for the economy. It would also help avoid child poverty, increase the workforce, make it healthier and help make more taxes available for pensioners. Legislation was not enough. What the Trades Union Congress wanted in relation to Convention No. 100 was: mandatory pay reviews in all sectors, both public and private; transparency and tripartism in all future government commissions on women and pay; and for the Government to fully comply with the Convention in partnership with the social partners as the first step in dealing with child poverty and poverty among women.

The Worker member of Norway noted that the gender pay gap was a significant problem throughout the world, including Europe and the Nordic countries - a fact confirmed by the Director-General's Report to the Conference. The information supplied by the Government revealed that women's wages were still looked upon as supplementary to those of their husbands; this assumption was one reason for the persistence of the gender pay gap. Although the importance of women's work had been widely hailed, the statistical data showed that occupational segregation persisted, and that women continued to earn less than men for work of equal value. The Government had taken measures to realise the principle of equal pay, but further steps were required. It was the Government's solemn responsibility to take the necessary action, including legislative action, to reduce the gap in pay. The United Kingdom's Equal Opportunities Commission concluded that the Equal Pay Act had reached the limits of its usefulness, and radical new action was required. In this regard, it would be of great importance if the laws were amended to allow unions to bring equal pay claims on behalf of groups of women. Finally, the Government should take stronger measures to address the gender pay gap in the private sector.

The Employer member of the United Kingdom declared that the Confederation of British Industries (CBI) wished to highlight the fact that Convention No. 100 was a promotional Convention, ratified by the United Kingdom in 1971. He said that the case concerned equality of opportunity and treatment, and that Article 2 required the promotion and application to all workers of the principle of equal remuneration for men and women workers for work of equal value. He stressed that real progress had been made in reducing the gender pay gap in his country, and that imposing equal pay reviews was not the answer to gender pay problem. Requiring all employers to undertake equal pay reviews would be too onerous and at odds with Convention No. 100. In 2005, the Employment Trends Survey indicated that 25 per cent of all employers conducted an equal pay review compared to 19 per cent in 2004. Of the larger companies, 40 per cent had conducted an equal pay review with a further 17 per cent planning to do so in 2006, exceeding the government target. Referring to Article 3, paragraph 1, of the Convention, he said that it was clear that measures existed to promote the objective appraisal of jobs on the basis of work performed. The 2004 research carried out by the Equal Opportunities Commission's (EOC) showed that the percentage of employers who had designed their own review process had increased from 39 per cent to 75 per cent between 2002 and 2003, while the proportion using the EOC's own toolkit had nearly halved over the same period. The issue of the gender pay gap had been fully examined at national level by the Women and Work Commission, whose report did not find that employer discrimination was a cause behind the pay gap but that gender stereotyping and career choices in the education system were the most likely to have a negative effect on the gender pay gap.

The employers in the United Kingdom did not believe that the Equal Pay Act was at the limit of its usefulness or that radical new action was required. Women were protected from the injustice of unequal pay by several legal instruments and mechanisms. Free advice and assistance was also available from the Citizens Advice Bureau and free representation from bodies such as the Employment Lawyers' Association. If a woman succeeded in an equal pay claim before the Employment Tribunal, she was entitled to an award of a pay rise to the level of her male counterpart, identical beneficial terms, and compensation of up to six years' arrears of pay. The Sex Discrimination Act 1975 also protected employees from victimization for making a complaint about equal pay and there was no financial cap on the amount of a compensatory award under this Act. There were also 15 separate pieces of legislation and codes of practice that could be used in claims relating to pay discrimination. The speaker indicated that imposition of a duty on employers to promote gender equality and eliminate sex discrimination was not required as it was not a proactive measure and not a requirement of the Convention. It would also be contrary to the holistic approach to equality and diversity promoted by the Government. The employers in the United Kingdom had already embraced new ways of working. CBI research showed that 90 per cent of employers were now offering a range of flexible working patterns and the country had one of the highest rates of female participation (70 per cent) in the European Union. In 1990, only 8 per cent of managers were women but by 2003, that figure had risen to nearly 33 per cent.

The Government representative thanked speakers for their comments and concluded with three points: (1) in the 30 years since the Equal Pay Act had been passed, the gender pay gap had been reduced from 30 per cent to 17 per cent; (2) the Government had implemented policies for both the public and private sectors; and (3) the best way forward was through promotion of best practices.

The Employer members noted that the Government was making serious efforts on a complex problem that was not easy to solve.

The Worker members observed that the application of Convention No. 100 - a fundamental Convention that was promotional in nature - undoubtedly continue to pose significant problems in our societies, even though the principle of equal remuneration enjoyed widespread acceptance. As the Worker member of the United Kingdom explained, disparities in pay bore profound consequences for family life, professional life, and children's education and well-being. In fact, in most cases, flexibility was required principally on the part of women workers. The differences were less marked, of course, in those areas where public authorities had the means to intervene directly, as in the public sector. In the private sector, however, where the most egregious gaps in pay persisted, it was important for the Government, in concert with the social partners, to enact stronger measures to apply the Convention Given the scale of the problem, the numerous studies carried out in this area, and also the susidiarity principle which influenced EU policy planning, it was advisable that the Committee of Experts undertook an in-depth analysis of these issues.

The Committee noted the Government's statement and the ensuing discussion. It noted the concerns expressed by the Committee of Experts regarding the slow progress in reducing the pay gap between men and women in the private and public sectors, despite the fact that equal pay legislation had been in force since 1975. According to the information examined by the Committee of Experts, the gender pay gap was particularly high in the private sector.

The Committee noted the comprehensive information presented by the Government outlining the numerous and continued measures taken or envisaged with a view to reducing the gender pay gap in the private and public sectors. The Committee noted, in particular, the establishment of the Women and Work Commission which had delivered its report in February 2006. This report contained a set of recommendations to further reduce the gender pay gap, including through addressing gender stereotypes in education and work choice, occupational segregation by gender, measures to reconcile work and family responsibilities, and improving workplace practices and attitudes. With respect to the public sector, an Equal Pay Action Plan was being implemented. In the private sector, a target had been set for increasing equal pay reviews. Further, the Committee noted the Government's indication of the ongoing review of the sex discrimination and equal pay legislation and its determination to reduce the part-time pay gap.

The Committee took note of the debate that had enlightened, amongst other elements, the direct consequences of the gender pay gap on the living conditions of women workers, on their family life and especially on the worrying phenomenon of child poverty.

However, the Committee noted that different views had been expressed concerning the effectiveness of the measures taken so far in reducing the gender pay gap. While the Committee acknowledged that the implementation in practice of this fundamental Convention was complex and would have to be achieved over time, it also emphasized that effective measures needed to be taken in order to accomplish real progress in attaining the Convention's objective of equal remuneration for men and women for work of equal value.

The Committee therefore encouraged the Government to intensify its dialogue with the social partners on equal remuneration issues, including on taking more proactive measures to address the remaining gender pay differentials, particularly in the private sector.

Special attention should thereby be given to the temporary and part-time work sector, both for the importance of the gender pay gap and for the concentration of women in those sectors.

The Committee requested the Government to provide the information presented orally to the Committee of Experts in writing, as well as the information requested by the Committee of Experts. In this regard, the Government was also requested to report on the impact of the existing legislation, policies and programmes on the elimination of pay differentials between men and women resulting from direct or indirect discriminatory practices, contrary to the Convention.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

A Government representative noted that three separate points in the Committee of Experts' observation called for a response. The Committee of Experts had referred to the repeated concerns expressed by the TUC that class actions were not admissible in the United Kingdom and that tribunals may therefore have to consider large numbers of applications by individuals. This issue had been fully considered by the Conference Committee in 1986. He emphasised that his Government saw major problems of both principle and practice in providing for class actions. By the term class actions he referred to the possibility of challenging an allegedly discriminatory condition of employment embodied in a collective agreement by taking proceedings based on the circumstances of a single person which if successful would apply to the whole class of workers covered by the collective agreement. To provide for class actions would require a fundamental change in the United Kingdom's judicial procedure. Moreover there would be a general difficulty of ensuring that a plaintiff in a class action was wholly representative of all the individuals in that class. His Government therefore believed that the traditional, established "test case" procedure was a more satisfactory way of approaching this problem. Under the 1986 Sex Discrimination Act, provisions in non-legally binding collective agreements and rules of undertakings which provided for acts unlawful under either the Equal Pay Act or the Sex Discrimination Act were to be automatically void. In view of this Act and of his Government's views on class actions, it was difficult to see what purpose would now be served by giving the Central Arbitration Committee new powers to consider equal value cases. Reference to the Central Arbitration Committee could, in fact, slow down the process. Equal value issues were complex and there were different ways of removing this particular form of discrimination, such as negotiation. The Central Arbitration Committee was not likely to attempt to solve issues of equal remuneration in collective agreements at great speed or without extensive consultation. It would therefore be much quicker and far more satisfactory for the parties to get together and sort out their own solution, if necessary with a variety of different arrangements at local level. The Government representative did not accept the TUC's comments that there would be a need for numerous applications following a decision that a term in a collective agreement was discriminatory and therefore void. This suggested that employers would deliberately refuse to amend agreements unless faced by large numbers of individual applications to an industrial tribunal. Employers who would do this would be foolhardy as they would incur costs as well as pressure from the unions which were parties to the collective agreement. The Government representative stated that his Government would be most pleased to continue to supply copies of all appropriate decisions, both of tribunals and of the higher courts as requested by the Committee of Experts. Another point referred to in the Committee of Experts' report concerned the concept of the hypothetical man or hypothetical woman; this issue also had been fully discussed by the Conference Committee in 1986. The Government representative indicated, as he had done in 1986, that he would be very pleased to hear of any situation where the concept of the hypothetical man had been successfully applied. His Government was quite confident that the arrangements established in the United Kingdom for applying the principle of equal pay were in full compliance with the Convention.

The Worker member of the United Kingdom, speaking on behalf of the Workers' members, noted that the principle of equal pay was at present accepted in many countries, but its application had proven to be somewhat difficult and the issues involved were complex. He emphasised that Convention No. 100 could usefully be served by tripartism. It was unhelpful to have discussions on very complex issues in the present Committee if they had not been preceded by intensive tripartite discussions at the national level. There had been some tripartite discussions on the Convention but they had taken place before or during a general election period when the civil servant representing the Government was not in a position to make any commitment. The Workers' members therefore requested the Government to reintroduce tripartite discussions on this particular Convention in the hope of solving the issue.

The Employer member of the United Kingdom, speaking on behalf of the Employers' members, indicated that while the employers in the United Kingdom subscribed to the virtues of tripartite discussions, the issues which were presently before the present Committee would not necessarily benefit from further tripartite discussion. The issues which the trade unions had referred to this Committee and the Committee of Experts were in fact already satisfactorily resolved by the existing legislation in the United Kingdom. With respect to class actions she pointed out that they depended upon the validity of the membership of the class of persons who sought to be included within it. Employers might well wish to challenge that validity and this would take just as long as repeated and unnecessary tribunal cases. With respect to the concept of the hypothetical man, she could not support the notion of using the hypothesis that a man exists who does the same work or work of equal value as that of a woman and who gets more money for doing it when in fact there was no such man. On the basis of experience, she supported the law in existence which would not be improved by the proposals put forward by the trade unions, and she asked the present Committee to consider carefully before accepting the seemingly innocuous and obviously very tempting solution put before it by the Workers' members.

The Committee noted the measures taken in the field of equal remuneration which had been the subject of the Government's report and comments by the TUC on complex matters, reflected in the Committee of Experts' observation. It also noted the exchange of views on these measures which had taken place in the present Committee. It hoped that the Government would give further consideration in tripartite consultation to the possibility of adopting additional positive action and that it would supply information on measures taken or contemplated.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1). Discrimination based on sex and disability. Sexual harassment against women workers with disabilities and against lesbian, gay, bisexual and trans (LGBT). The Committee notes the Government’s reference to the Worker Protection (Amendment of Equality Act 2010) Act 2023, which introduces a duty on employers to take reasonable steps to prevent sexual harassment, supported by forthcoming guidance from the Equality and Human Rights Commission. It also takes note of the United Kingdom Supreme Court’s April 2025 ruling in For Women Scotland Ltd v Scottish Ministers, confirming that legal sex under the Equality Act is the sex recorded at birth. The Committee requests information on how the new employer duty is being implemented – particularly measures benefiting women workers with disabilities and LGBT workers and any related enforcement action – along with details of other initiatives to prevent harassment of these groups, and an assessment of how the Court’s decision affects protections against discrimination and harassment for LGBT workers.

Discrimination based on religion. The Committee notes that the Government collects data that is not disaggregated by religion and refers to the Near Neighbours programme in England, which promotes social integration in diverse communities through youth leadership initiatives and support for local projects. The Committee asks the Government to provide information on measures specifically aimed at addressing religious discrimination and promoting equal opportunity in employment, as well as their impact, particularly regarding access to work for the Muslim community.

Articles 1 to 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Government indicates progress in ethnic minority employment since 2010 and the introduction of a statutory right to request more predictable work patterns under the Workers (Predictable Terms and Conditions) Act 2023. The Committee observes however that evidence from the Equality and Human Rights Commission, the United Nations Human Rights Committee and the UN Committee on the Elimination of Racial Discrimination (CERD) shows that significant racial inequalities persist, including stagnating wages and lower employment rates for some groups – particularly Black people – and continuing discrimination affecting Gypsies, Roma, Travellers and people of African or Asian descent, migrants, asylum seekers and refugees. (CCPR/C/GBR/CO/8, 3 May 2024, para. 14; and CERD/C/GBR/CO/24-26, 24 September 2024, paras 17, 25, 37). In that regard, the Committee takes note of the Government’s indication that the Equality (Race and Disability) Bill would introduce a right to equal pay for ethnic minorities and disabled people, alongside mandatory ethnicity and disability pay-gap reporting for larger employers. The Committee refers the Government to its 2018 general observation on discrimination based on race, colour and national extraction which emphasized that entrenched inequalities require proactive measures, regular impact assessments, and consultation with social partners and affected groups. The Committee asks the Government: (i) to assess the effectiveness of measures promoting equality irrespective of race, colour or national extraction and to report on results, remaining gaps and planned follow-up; (ii) to provide information on how ethnic minority workers are using the new right to request predictable work patterns; and (iii) to report on the adoption of the Equality (Race and Disability) Bill.

Racial Equality Strategy 2015–25 for Northern Ireland. The Committee notes that most actions in Northern Ireland’s Racial Equality Strategy 2015–25 have been completed, with some continuing beyond 2025. Key developments include a 2020 review of the Race Relations Order (1997) and related legislation, ongoing work with the Department of Education on racist bullying, and new guidance on Ethnic Equality Monitoring in the public sector published in May 2023. Public appointments data show very low representation of ethnic minorities, with only a few appointments out of hundreds between 2019 and 2022. The Committee also notes CERD’s concern about racist violence and intimidation by paramilitary groups deterring ethnic minorities and migrants from establishing businesses (CERD/C/GBR/CO/24-26, para. 21). The Committee requests information on the Strategy’s results in employment and occupation, obstacles to equality in both public and private sectors, follow-up actions including outcomes of the legislative review, steps to increase ethnic minority access to public appointments, and measures to address racistincidents affecting labour market access.

Equality of opportunity and treatment for workers with disabilities. The Government reports that the Access to Work programme provides people with disabilities with workplace and home support, including specialist equipment, assistive software, support workers, travel costs, and physical workplace adjustments. Adjustment Passports, including for students, help streamline access to these supports and ease transitions into employment. As of early 2024: 5.5 million persons with disabilities were employed in the United Kingdom, with a 28.8 percentage point employment gap compared to persons with no disabilities, slightly improved from the previous year. Education data show disabled people are less likely to hold a degree (25.6 per cent v. 39.9 per cent) and more likely to have no qualifications (12.9 per cent v. 5.0 per cent), though degree attainment has risen steadily since 2013/14. The Equality and Human Rights Monitor notes the employment gap has decreased over time, though the reasons remain unclear. The Committee requests information on the outcomes of the Access to Work programme, Adjustment Passports, and other measures under the National Disability Strategy, along with updated statistical data on employment and opportunities for people with disabilities.

Equality of opportunity and treatment irrespective of gender identity and sexual orientation. LGBT Action Plan and Advisory Panel. The Committee notes that several commitments from the 2018 LGBT Action Plan have continued as stand-alone policies and that the Government aims to ensure LGBT+ people are safe, included, and protected from workplace discrimination. The Committee requests information on measures implemented to promote equality of opportunity and treatment for LGBT+ jobseekers and workers in both the public and private sectors.

Equality of opportunity and treatment between men and women. The Committee notes several recent United Kingdom measures to support carers, parents, and women in the workforce. The Carer’s Leave Act 2023 introduces up to seven days of unpaid leave for employees caring for a dependent with long-term needs, with future reviews considering paid leave. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends redundancy protection during pregnancy and family leave. Employers with over 250 staff must also implement Menopause Action Plans. Regarding Shared Parental Leave (SPL), take-up remains low overall, with only 1 per cent of eligible mothers and 5 per cent of fathers using SPL, though those who do take it generally return to their pre-birth jobs at higher rates than parents overall. Take-up is influenced by financial constraints, pay levels, workplace culture, and sector. Flexible working remains widely available, with requests granted in 83 per cent of cases, and women continue to make greater use of flexible and part-time work. Women remain under-represented in STEM (Science, Technology, Engineering, Mathematics) roles, though participation in apprenticeships is gradually rising, and the Government has launched a pilot to support parents and carers returning to STEM careers. The Committee requests continued reporting on measures addressing occupational sex segregation, promoting women’s participation across sectors, and the impacts of SPL and flexible working policies.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes that the 2023 Annual Survey of Hours and Earnings shows the gender pay gap among full-time employees has declined to 7.7 per cent, while for part-time employees it remains at –3.3 per cent. Overall, the gap for all employees fell to 14.3 per cent in 2023, down from 17.4 per cent in 2019. The largest reductions occurred in skilled trades, sales and customer service, and administrative occupations. Regional differences persist, with higher gaps in England compared to Northern Ireland, Scotland, and Wales, partly due to the higher proportion of women in better-paid public sector roles in Northern Ireland. Men work more overtime than women, and barriers such as occupational segregation, gender stereotyping, unpaid caregiving, and limited quality part-time or flexible jobs continue to affect pay equity. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation and refers, in this regard, to its comments above on Convention No. 111. The Committee requests the Government to continue to provide information on the evolution of the gender pay gap and the prevalence of overtime, disaggregated by sex and, if possible, sector of employment.

Pay inequalities. Private and public sectors. The Committee notes that the 2023 report on the post-implementation review of the Equality Act 2010 (Gender Pay Gap Information) shows the reporting regime has increased transparency and contributed to reducing the national gender pay gap, though public understanding remains limited and only half of employers are taking effective action to close their gaps. The Committee requests the Government to provide information on the measures adopted to continue raising awareness about the gender pay gap and to promote reporting on gender pay gap by employers, including in Northern Ireland.

Articles 1 to 3. Application of the principle of equal remuneration. Pay audits. Concerning the possibility for an employment tribunal to order the employer to carry out an equal pay audit under section 139A of the Equality Act 2010 and of the Equality Act 2010 (Equal Pay Audits) Regulations 2014, the Committee notes the Government’s confirmation that employment tribunals are ordering organizations found to have breached equal pay to conduct an equal pay audit.

Collective bargaining. The Committee reiterates its request for information on whether and how collective agreements consider the principle of equal remuneration for men and women for work of equal value (such as through the introduction of objective job evaluation methods in the agreements, or the inclusion of equal pay clauses).

Enforcement. The Committee notes the Government’s indication that from 2017 to 2021 there were on average 24,122 Equal Pay cases every year. Of those cases that went to hearing, 0.2 per cent were successful while 0.8 per cent were unsuccessful. The Committee requests the Government to continue to provide information on any administrative or judicial decisions on discrimination in employment and occupation, as well as information on the number and nature of discrimination claims brought before the employment tribunals and on their outcome, including cases involving the application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 1(1)(a) of the Convention. Discrimination based on social origin. The Committee notes the Government’s statement, in its report, that although social origin is not expressly covered in the Equality Act 2010, relevant protection can apply by other routes. The Government adds that there is a provision in the Act – the socio-economic duty – which among other things would require public bodies to have regard to these considerations in their employment practices. In addition, the Government informs that the Scottish and Welsh Governments have opted to deploy “the socio-economic duty”, provided for in section 1 of the Equality Act, with public bodies within their respective jurisdictions, while this has not been the policy for England. The Government further indicates that because of the volume of cases passing through the employment tribunal system, it is unfortunately not possible to collect case data of the granularity needed to identify cases that might engage social origin or political opinion, however the Government is not aware of any significant “test cases”. Finally, the Government underlines that it is unaware of any further cases of alleged caste discrimination being brought before the courts since the 2014 case of Tirkey v Chandhok. The judgment in the 2014 case, which concluded that aspects of caste can overlap with ethnic origins, indicates that the existing racial discrimination provisions in the Equality Act 2010 provide sufficient protections against potential caste discrimination. The Committee asks the Government to (i) consider expressly including social origin in the legislation as one of the prohibited grounds; and (ii) provide detailed information on how it ensures in practice that all individuals are protected against discrimination based on their social origin, including examples of actions taken by Scottish and Welsh Governments pursuant to section 1 of the Equality Act 2010. Please also clarify the rationale for not pursuing the “socio-economic duty” for England.

Discrimination based on political opinion. The Government reiterates that although political opinion alone is not currently protected (with the exception of Northern Ireland), it can in certain circumstances be considered an aspect of a person’s philosophical belief and so potentially protected as part of that wider belief. The Committee refers to its previous considerations and urges the Governmentto take the necessary steps to ensure that the ground of political opinion is also expressly included in the legislation.

Discrimination based on religion. Northern Ireland. The Committee refers to its previous comments and notes with satisfaction, that the exclusion of teachers from protection against discrimination on the ground of religious belief under The Fair Employment and Treatment (Northern Ireland) Order 1998 was removed by way of the Fair Employment (School Teachers) Act (Northern Ireland) 2022, which came into operation on 12th May 2024. The Committee takes note of this information, which addresses its previous request.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Unions Congress (TUC) received on 30 August 2021 and communicated to the Government.

Article 1(1) of the Convention. Discrimination based on sex and disability. Sexual harassment against women workers with disabilities and against lesbian, gay, bisexual and trans (LGBT) workers. The Committee takes note of the observations of the TUC on the results of its survey “Sexual harassment of disabled women in the workplace”, showing that: (1) 7 out of 10 disabled women respondents reported having been sexually harassed at work as compared to 52 per cent of women in general; (2) disabled women experience higher levels of every type of sexually harassing behaviour reflecting the imbalance of power disabled women encounter at work and in wider society; and (3) 54 per cent of disabled women respondents reported having experienced two or more types of sexually harassing behaviours, and 45 per cent three or more types. The Committee also takes note of the observations of the TUC on the research it conducted on sexual harassment at work against LGBT workers, which showed that 68 per cent of the respondents reported being sexually harassed at work and two thirds did not report this harassment to their employer. One in four were prevented from raising the issue by their fear of being “outed” at work. The Government states that it is committed to strengthening the protection against sexual harassment in the workplace by introducing a new proactive duty on employers requiring them to take all reasonable steps to prevent their employees from experiencing sexual harassment; introducing explicit protections for employees from harassment by third parties, for example customers or clients; supporting the Equality and Human Rights Commission to produce a statutory code of practice on this issue, to raise awareness to ensure that employers are clear on their responsibilities, and looking closely at extending the time limit for bringing Equality Act based claims to a tribunal to six months. The Committee requests the Government to provide information on any steps taken to address the concerns raised by the TUC with regard to the higher levels of sexual harassment against workers with disabilities and LGBT workers, and any measures adopted to prevent such harassment in employment and occupation. The Committee requests the Government, in particular, to provide information on the introduction of the proposed new protections on sexual harassment, including the date of their implementation and their impact.

Article 2. Equality of opportunity and treatment for workers with disabilities. The Committee notes with interest the Government’s indication that it published the National Disability Strategy in July 2021, setting out its vision to improve the lives of people with disabilities. According to the strategy, the disability employment gap has narrowed significantly in recent years, from 33.8 percentage points in 2014 to 28.6 percentage points in 2021. This employment gap decreases as the level of qualification increases – down to 15.2 percentage points for people with a degree. The Government acknowledges that despite this progress, too many workers with disabilities still find themselves excluded from the job market. The COVID-19 pandemic has also had a negative impact on their employment situation as workers with disabilities are likely to have experienced a reduction in earnings through redundancy, a reduction in hours or being furloughed. The Committee notes the detailed data provided by the Government on the situation of persons with disabilities in the country, in particular that around one out of five persons with disabilities hold a degree level qualification, compared to a third of non-disabled people and that persons with disabilities are nearly three times more likely not to have any qualifications. The Committee notes that the National Disability Strategy provides for the adoption of a series of measures to improve access to work of workers with disabilities, including: encouraging employers to recruit; retain and promote employees with disabilities and create inclusive workplaces; scaling up supported employment services; strengthening rights in the workplace; encouraging flexible working hours and introducing carers leave; and improving access to advice on employment rights. The Government also provides detailed information on a series of programmes established to support the employment of workers with disabilities, including the Work Choice programme, the Work and Health Programme (WHP), the Specialist Employability Support (SES), the Small Employer Offer (SEO), the Access to Work (AtW), the Disability Confident Employer Scheme, and the programme on Special Educational Needs and Disability (SEND). In this regard, the Committee takes note of the TUC’s observations that the COVID-19 pandemic had exacerbated the barriers faced by workers with disabilities. The TUC stresses that many of them have not shared their conditions or impairments with their employers, believing that it would lead to negative consequences and that major difficulties for accessing to reasonable adjustments continued during the pandemic. The Committee notes the Government’s response to the comments of the TUC that though the pandemic did initially reverse the positive trends showing a fall in the disability employment rates and a widening of the disability employment gap between April and December 2020, the disability employment rate returned to its pre-pandemic level in spring 2021 with the disability employment gap also narrowing throughout the first six months of 2021. The Government states that this suggests that, after some initial impacts, there are encouraging signs of recovery and, overall, currently no disproportionate impact on the number and rate of disabled people in employment as a result of the pandemic. Further, the Government states that there is a duty on employers under the Equality Act 2010 to make reasonable adjustments and the Access to Work Scheme can fund support tailored to an individual’s needs for these purposes. Furthermore, the Government states that the new Access to Work Adjustments Passport is being piloted and this will capture in work support needs enabling the passport holder to have informed conversations with a potential employer and will provide greater flexibility for people with disabilities to move between jobs. The Committee requests the Government to provide information on the implementation of the National Disability Strategy in practice to promote the employment of persons with disabilities and their access to various occupations, and its impact on the access of workers with disabilities to employment, including detailed statistical data. It also requests the Government to provide specific information on the type of reasonable accommodation measures adopted in favour of workers with disabilities. The Committee further requests the Government to continue to provide specific information on the impact of the COVID-19 pandemic on the employment of workers with disabilities, and the measures taken to mitigate such impact. The Committee lastly requests the Government to provide information on the outcome of the Access to Work Adjustments Passport pilot.

Equality of opportunity and treatment between men and women. The Committee previously requested the Government to continue to provide information on: (1) the results of the measures adopted to address occupational sex segregation and to promote the participation of women in a wide variety of jobs; and (2) the impact of the measures adopted regarding childcare support, shared parental leave and flexible working arrangements on the participation of women in full-time and part-time employment. On the results obtained to address occupational segregation, the Committee takes note of the indications by the Government that: in January 2021, women represented 34.3 per cent of the boards of the Financial Times Stock Exchange (FTSE) 350 companies, up from 24.5 per cent in October 2017; there were no all-male boards in the FTSE 350, this fell from 8 in 2017; the number of boards with only one women fell from 116 in 2015 to 16; in October 2021, in the FTSE 350, women made up 29.4 per cent of senior leadership roles (defined as the combination of the Executive Committee and their direct reports), up from 24.5 per cent in 2017. The Government also reports that it is continuing its work to increase the number of girls taking STEM subjects at school, with several funding programmes to increase the take-up of these subjects. There was a 31 per cent increase in girls’ entries to STEM A levels in England between 2010 and 2019. Over the same period, the number of women accepted onto full-time STEM undergraduate courses increased by 34 percent. Girls remain under-represented in apprenticeships in STEM, but their representation in STEM apprenticeships is increasing.

On the impact of the shared parental leave scheme, the Government indicates that in the 2019–20 tax year, 13,000 individuals claimed shared parental pay, of which 10,200 were male employees and 2,900 were female employees. The number of individual claims for shared parental leave had quadrupled between the 2014–15 and the 2019–20 tax years. The Committee takes note of the Government’s response to the TUC’s comments that that while the Government is currently evaluating the scheme, the analysis of the data has taken longer than expected because of the need to prioritize immediate support to parents during the COVID-19 pandemic. The Government states that they will publish their findings, alongside the Government’s Response to a 2019 consultation in due course. In this regard, the Committee takes note of the observations of the TUC regretting that the evaluation of the scheme has not been published yet. The TUC also regrets that: (1) the low pay provided for under the scheme (£145.18 per week) makes it unaffordable for many fathers: (2) agency workers and those on zero-hour contracts do not qualify; and (3) parents can only get shared parental leave when mothers give up part of their maternity leave.

On the right to request flexible working, the Government indicates that this right was extended in 2014, through the adoption of the Flexible Working Regulations 2014. The Government stated that a study on the implementation of these regulations will also be published in 2021. As the COVID-19 pandemic shifted the way that individuals and employers think about flexible working arrangements, the Government reconvened the Flexible Working Taskforce to make the most of the lessons learned from this period. Furthermore, the Government notes that offering flexible working in job advertisements increases the number of female applicants by 16 percent. Regarding childcare, the Government refers to the 30 hours free childcare for working parents who earn at least the equivalent of 16 hours per week at the National Minimum Wage and indicates that an estimated 345,700 children benefit from this programme. The Committee takes note of the Government’s response to the TUC’s comments that it published its consultation on making flexible working the default on 23rd September 2021. The consultation exercise ended on 1 December 2021. The proposals seek to increase availability and uptake of flexible working among all employees, while recognizing that flexible working arrangements can particularly benefit certain groups, including working parents.

In addition to this information, the Committee takes note of the details regarding the measures adopted to address gender segregation (including measures to promote women’s and girls’ participation in STEM, and women’s participation in leadership positions), and related to child care and flexible hours that were reported in the National Report of the United Kingdom on the implementation of the Beijing Declaration and Platform for Action (1995). The Committee requests the Government to continue to provide detailed information on its efforts to address occupational sex segregation and to promote the participation of women in a wider variety of jobs. Noting the information provided regarding the measures on childcare support, shared parental leave and flexible working arrangements, the Committee requests the Government to provide information on the impact of these measures: (i) on shared parental leave and the flexible working time arrangements; and (ii) on the participation of women in full-time and part-time employment. It also requests the Government to provide information on any measures taken to address the concerns raised by the TUC regarding the shared parental leave scheme.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Committee previously requested the Government to provide information on: (1) the results of the Black and Minority Ethnic 2020 Plan and the Equality Objectives for 2016–20 as well as any other topical initiatives; (2) the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, as well as on the results obtained so far as regard their rate of employment and type of jobs occupied; and (3) the concerns raised by the TUC that the Immigration Act 2016 prohibited undocumented workers from claiming rights at work by fear of being arrested and deported. The Committee takes note of the Government’s indications that the Race Disparity Unit (RDU) collects data on the employment of different ethnic minorities that the Office of National Statics (ONS) publishes quarterly in its Labour Market Status by Ethnic Group. The Committee also takes note of the information provided on the programmes in place to improve the employment of people from ethnic minority backgrounds, including through the National Mentoring Programme, the Plan for Jobs, the Ten Point Plan aiming at the creation of green jobs, and the Flexible Support Fund. The Committee further notes the results of the Parker Review published in March 2021 on the representation of ethnic minorities on the board of 100 FTSE companies, showing an increase in the number of ethnic minorities represented in the boardroom (75 as at November 2020 from 52 in January 2020). The Government is taking action in 20 targeted areas identified from the results of the Race Disparity Audit conducted in 2017 and updated annually. For the year 2020, the ethnic minority employment rate was 67.9 per cent, an increase of 1.7 and 1.8 percentage points from 2019 and 2018, respectively. The ethnic minority unemployment rate is 3.5 points higher than that of white groups. Those with Pakistani and Bangladeshi backgrounds have the lowest employment rate of 57.9 per cent of all ethnic groups, though this is an increase of 0.8 per cent points and 1.9 per cent points from 2019 and 2018, respectively. They are more likely to be in low skilled, low paying occupations than any other group and receive the lowest average hourly pay. Black/African/Caribbean have the highest unemployment rate of 10.5 per cent, 6.5 percentage points higher than that of white groups.

In this regard, the Committee also takes note of the observations of TUC stressing that a significant pay gap exists for both Black and Minority Ethnic workers (BME). The median pay for white people was £12.40 per hour compared with £12.11 for those from a BME background –with significant regional variations, including a 23.8 per cent pay gap among the two groups in London. The COVID-19 pandemic has brought disproportionate difficulties for BME workers. According to TUC, the figures published by the ONS for August 2021 reveal that last year, the unemployment rate for BME workers has risen from 6.1 per cent to 8 per cent (31 per cent increase), that is three times the rate for white workers, which has risen from 3.6 per cent to 4 per cent (an 11 per cent increase). The TUC is also worried as figures show that BME workers are far more likely to be employed on zero-hour contracts than white workers. For instance, BME women are almost twice as likely to be on a zero-hours contract than white men (4.5 per cent compared to 2.5 per cent), and they are almost one and a half times more likely to be on zero-hours contracts compared to white women (3.4 per cent). The Government states in its response to the observations made by the TUC, that the Independent Commission on Race and Ethnic Disparities, in a report in April this year, noted that the pandemic is likely to have a mixed impact on the employment rate and financial stability of ethnic minority groups. The Government states that, historically, employment rates of ethnic minority groups have decreased more than overall employment rates during economic downturns in the UK. It highlights that such a decrease indicates a risk to ethnic minority groups if the economic fallout from the COVID-19 crisis fails to turn into a V-shaped recovery. It also states that zero hours contracts provide important flexibility in the labour market which benefits employers and workers. However, the Government states that it recognizes that some workers on zero hours contracts would like more stability in their working hours and that it is committed to taking forward a key measure to include the right for workers in Great Britain to request a more predictable contract. This means that those who would like more certainty will be able to request a more fixed working pattern from their employer after 26 weeks of service.

The TUC believes that the Government’s plans on adopting a new Nationality and Borders Bill will increase the exploitation of workers with irregular status who would have no legal recourse to claim rights at work (since for example, wages of undocumented workers are considered as the proceed of crimes) and access healthcare. The Committee recalls that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (2012 General Survey on the fundamental Conventions, paragraph 779).

The Committee requests the Government to continue to provide detailed information on the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, and the results obtained. It also requests the Government to provide information on the steps taken to reduce the pay gap for BME workers and the disproportionate recourse to zero-hour contracts referred to by the TUC. The Committee also requests the Government to provide information on the impact of COVID-19 on employment rates for ethnic minority groups.

The Committee requests the Government to provide information on the introduction and implementation of the new right to request a more predictable contract, including the number of workers exercising such a right, and the rate at which such requests are granted.

The Committee notes the Government’s comments on the Nationality and Borders Bill. The Committee reiterates its request that the Government provide information on the impact of the Immigration Act 2016 and if adopted, of the Nationality and Borders Bill, on the protection of undocumented migrant workers against discrimination based on race, colour or national extraction.

Racial Equality Strategy 2015–25 for Northern Ireland. The Committee also notes the Northern Ireland Racial Equality Indicators Report: 2014–2019 (Published in 31 March 2021) provided by the Government. This states that: (1) the percentage of minority ethnic school leavers with no qualifications had decreased from 5.8 per cent in 2013–14 to 2.2 per cent in 2018–19; (2) at the 2011 Census, 30.2 per cent of minority ethnic people were in “managerial” or “professional” occupations; compared with 25.8 per cent white people; (3) in 2019, the proportion of respondents reporting they were prejudiced against people from minority ethnic communities had increased significantly since the baseline (2014: 24 per cent, 2018: 20 per cent, 2019: 29 per cent); (4) the number of racist incidents reported has increased from the 2013–14 baseline (976) to 2018–19 (1,124); and (5) in the latest available data (2017–18), only 3 per cent of all public appointment applications were from minority ethnic people. The Committee also notes that the Northern Ireland Racial Equality Strategy (RES) (2015–2025) establishes a framework for government departments (and others) to tackle racial inequalities, to eradicate racism and crime and, along with the Strategy ‘Together: Building a United Community’, to promote good race relations and social cohesion. The strategy has seven aims to address specific areas of concern developed in consultation with minority ethnic representatives. They include: (1) elimination of racial inequality, (2) combating racism and hate crime, (3) equality of service provision, (4) participation, (5) social cohesion, (6) capacity-building, and (7) cultural identity. The Committee requests the Government to continue to provide detailed information on the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, and the results obtained. It also requests the Government to provide information on the steps taken to increase access of ethnic minorities to public appointments. Further, the Committee requests the Government to continue to provide detailed information on racist incidents, which may impede workers’ ability to access the labour market, and the steps taken to address this.

LGBT Action Plan and Advisory Panel. The Committee takes note of the TUC’s observations indicating that the 2018 LGBT Action Plan was abandoned and that the LGBT Advisory Panel that had been established to support the Government in meeting the goals established in the plan was disbanded in April 2021. The TUC indicates that the Government had announced plans to replace the panel but that these plans have not been set out. The Government in its response to the TUC’s observations states that its priorities remain introducing a ban on conversion therapy, delivering the “Safe to be me” conference in June 2022 and the year of action around that event and digitizing the gender recognition certificate application process. The Committee requests the Government to provide information on the results of the implementation of the 2018 LGBT Action Plan, as well as on the impact of the decision to disband the LGBT Advisory Panel to achieve the goals set out in the plan. The Committee requests the Government to provide information on any new plans adopted or envisaged to address equality and non-discrimination in employment and occupation for LBGT workers.

Article 3(a). Cooperation of workers’ and employers’ organizations. Equality bodies. The Committee had asked the Government to provide information on the involvement and participation of social partners in the work of equality bodies. The Committee takes note of the Government’s indication that the Equality and Human Rights Commission (EHRC) operates independently from the Government and makes its own strategic decisions on how to engage with the social partners as well as their level of participation and engagement on key policy initiatives. The EHRC’s Framework Document, establishes that the Chair and Board members’ appointments will be made by the Minister for Women and Equalities with regard to the Paris Principles, which stress the need for “pluralist representation”, referring among other members of the civil society to representatives of trade unions. The Government further specifies that the EHRC’s Strategic Plan sets out five priority areas to work on, including Priority aim 1 on equal access to labour market and fair treatment at work. On this, the EHCR engages with the trade unions, including the TUC, and also takes on board the expertise of workers in specific areas, such as education and health and social care. It works in close collaboration with trade unions to consult and negotiate in all relevant matters. The Committee takes note of this information.

Awareness-raising and enforcement. The Committee had asked for information on the impact of the withdrawal from the European Union on the application of the Convention. Further to its request, the Committee notes the Government’s indication that the protections provided in the Equality Act 2010, some of which are derived from the legislation of the European Union, will continue to apply.

The Committee has also repeatedly requested the Government to provide information on the administrative and judicial decisions concerning the implementation of the Convention and to provide information on the impact of the removal of the employment tribunals’ power to make wider recommendations. It notes that the Government does not provide information on the number of decisions nor on the trends in relation to discrimination claims and their rates of success. The Government indicates that the tribunals power to make wider recommendations under the Equality Act 2010 created a perception of undue burden on, and unfairness for, businesses and did not serve any useful purpose. The estimated cost of making wider recommendations to employers who did implement a recommendation was about £2,000. The Government states that ensuring changes are instigated by the employer without the need for recommendations means that they are more likely to be committed to and see positive results. Moreover, the tribunals’ recommendations were often that individual or management groups should undertake diversity training, in particular “unconscious bias” training, that have been shown to be of little value. While taking note of these indications, the Committee recalls that public awareness-raising, including on “unconscious bias” is essential to address prejudice and stereotypes regarding the professional abilities and aspirations of certain groups with lead to exclusion and discrimination in society and the labour market (General Survey of 2012, paragraph 865). The Committee once again requests the Government to provide information on any administrative or judicial decisions on discrimination in employment and occupation, as well as information on the number and nature of discrimination claims brought before the employment tribunals and on their outcome. It further requests the Government to provide detailed information on the measures adopted to raise awareness of prejudices and stereotypes regarding the professional abilities of certain groups in the private and the public sectors.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Unions Congress (TUC) received on 30 August 2021 and the Government’s reply.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee asked the Government to provide: (1) detailed information on the evolution of the gender pay gap and the measures adopted to address its underlying causes; and (2) statistics on the prevalence of overtime, disaggregated by sex and sector of employment. In its report, the Government refers to the data published by the Office of National Statistics (ONS) in the 2020 Annual Survey of Hours and Earnings (ASHE) and indicates that the gender pay gap among all employees has decreased from 17.4 per cent in 2019 to 15.5 per cent in 2020, being the lowest recorded measurement since the survey began in 1997. The gender pay gap for full-time employees has decreased from 9 per cent in 2019 to 7.4 per cent in 2020 and the gender pay gap for part time employees to minus 2.9 per cent. The part-time gender pay gap for part-time workers is therefore in favour of women. The Committee notes that, according to the ASHE, the widest pay gaps are found in the following occupations: precision instrument makers and repairers (46 per cent), production managers and directors in mining and energy (38 per cent), IT engineers (36 per cent), financial institution managers and directors (34 per cent), electronical and electronics technicians (31 per cent), health associate professionals (31 per cent), functional and financial managers and directors (30 per cent). The survey also indicates that the difference in pay is largest among higher earners, showing that the 90-percentile male employee (who earns more than 90 per cent of other men employees, but less than ten per cent) earns substantially more than the equivalent women employee. The Committee notes however that the figures presented in the ASHE exclude overtime from the calculations.

For Northern Ireland specifically, the Government provides the results of the 2020 Northern Ireland ASHE, with detailed statistics on the gender pay gap in the region. Pursuant to the survey, 2020 is the 11th consecutive year where full-time female employees in Northern Ireland earned at least as much as full-time males on average (46p more per hour). It is the only region where the gender pay gap for full-time employees is in favour of women. Considering all employees, the median female employees’ hourly rate is £1.01 lower than the median male employees’ hourly rate. The Committee also notes that the figures presented in the Northern Ireland ASHE do not consider overtime.

On the measures adopted, the Committee notes the Government’s indication that a significant cause of pay gaps is occupational segregation and it is therefore introducing a number of initiatives to make it easier for women to access high-paid jobs in all sectors, through the adoption of support programmes to this aim, such as specific protections for female-led-start-ups and new childcare support. The Government is also raising awareness on the STEM (science, technology, engineering, and mathematics) careers, through programmes such as “STEM ambassadors”, 45 per cent of whom are women. It is also funding a programme to support computer science teaching that includes a Gender Balance in Computing programme which aims to identify interventions that schools can implement to improve girls’ participation in computing. The Government is also encouraging employers to offer initiatives such as flexible working and returners programmes which can improve prospects for both women and men. Noting this information, the Committee asks the Government to continue to provide detailed statistics on the evolution of the gender pay gap and information on the nature and the impact of the measures adopted to reduce such gap. In this regard, the Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding equality of opportunity and treatment between men and women. Noting that the ASHE and the Northern Ireland ASHE do not consider overtime in the calculation of men and women’s respective hourly rates, the Committee asks once again the Government to collect and provide statistics on the prevalence of overtime, disaggregated by sex and sector of employment.

Pay inequalities. Private and public sectors. The Committee asked the Government to provide information on the gender pay gap reporting and its impact in reducing gender pay inequalities in the private sector as well as any measures taken to promote the principle of the Convention. The Government explains that the Gender Pay Gap Regulations 2017 apply in Great Britain to all employers with 250 or more employees and require them to publish and report to the Government on the gender pay gap. The Government stresses that, following the introduction of this obligation, over 10,500 employers report annually on the gender pay gap, bringing much greater transparency and prompting national awareness on the matter. The reporting programme has been extremely successful with 100 per cent compliance during the first two years of reporting. However, the Committee notes that, due to the COVD-19 outbreak in 2020 and the associated impacts on the workforce, the Government Equality Office (GEO) and the Equality and Human Rights Commission (EHCR) decided to suspend the reporting obligation on the gender pay gap for 2020. For 2021, it decided that employers would have an additional six months to report. The Government further indicates that to support employers, it has published advice on how to diagnose their pay gap and develop an action plan, alongside evidence-based guidance on practical actions to close the gap. With regard to Northern Ireland, section 19 of the Employment Act (Northern Ireland) 2016, gave powers to the Department for Employment and Learning to establish a mandatory system for employers to report gender pay gap information. The Government indicates that this section has yet to be implemented due to a combination of two factors: the lack of an executive in Northern Ireland from January 2017 to January 2019 and the ongoing COVID-19 pandemic. However, the Government assures that the Executive of Northern Ireland remains committed to the implementation of section 19 of the Employment Act (Northern Ireland) 2016, in the context of the development of a new Gender Equality Strategy which is due to be published, after the approval of the Executive of Northern Ireland, in December 2021.

Further to the Committee’s request concerning the implementation of the reporting obligation on the gender pay gap, the Government indicates that in England, the regulations which apply to public bodies are the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017. These impose reporting obligations in relation to the gender pay gap. Public bodies in Scotland and Wales are covered by separate regulations. It adds that very high levels of compliance in the public sector were seen during the first two years of mandatory gender pay gap reporting (96 per cent and 94 per cent respectively by the deadline, eventually rising at 100 per cent compliance). Due to the COVID-19 pandemic, the reporting obligation was suspended for 2020 and additional time was granted in 2021 for public bodies. The Government further indicates that all ministerial departments have published their action plans for reducing their gender pay gap, alongside the publication of their figures.

In its observations, the TUC indicates that there has been no progress concerning the issues raised in its previous observations regarding the low thresholds and lack of enforcement of reporting obligations on gender pay gaps. The TUC also expresses concern over the decision of the Government to push back the reporting deadline during the pandemic. For the TUC, this decision is part of a wider failure in the Government’s COVID-19 response to properly consider the impact of policy decisions on women. Specifically, the TUC is concerned that the Government is failing: (1) in its legal responsibilities, under the public sector equality duty, to ensure that its policies do not disadvantage or discriminate against women; (2) to carry out equality impact assessments on key policy decisions and to take into account the disproportionate impact of self-isolation on women, as fewer of them are eligible for statutory sick pay; and (3) to take into account the additional caring responsibilities placed on women as a result of health restrictions and policies on schools and childcare facilities closures. The Committee notes the Government’s indication in its reply to the TUC’s observations, that the statutory review of the gender pay gap reporting regulations will be completed by Spring next year. The Government adds that pay gap reporting: (1) is being used as a proxy measure to enable employees and employers to assess whether the pay is fair; and (2) increases internal transparency about pay, and how pay decisions are made. However, the Government stresses that, being hugely reliant on the quality and breadth of diversity data collected by organizations, pay gap information is seen as just one of a range of metrics that employers can use, and that the most meaningful metrics to indicate fairness will differ depending on the size, nature and location of the organization. Regarding the Public Sector Equality Duty, the Government indicates that it is taking a number of steps to drive effective action, through the Equality Hub that coordinates a working group promoting compliance and sharing expertise, resources and best practice and that provides advice. The Government recalls that the legal requirement in the Equality Act is simply to have “due regard” to the matters set out in the Public Sector Equality Duty and that no specific action is prescribed to demonstrate that “due regard” has been had, though the courts have made it clear that recording the steps taken by the decision maker in seeking to meet the duty is an important evidential element in demonstrating legal compliance and that a systematic approach is good practice. With respect to the impact of the COVID-19 pandemic on equality, the Government states that it has offered an unprecedented level of support to both individuals and businesses during this pandemic, such as the Self-Employed Income Support Scheme (SEISS), and carefully considered the equality impact of both individual measures and fiscal events on those sharing protected characteristics, including gender. With regard to the evaluation of Shared Parental Leave and Pay, the Government adds that: (1) the fieldwork for much of the research was completed in February 2020; (2) the data are currently being processed; and (3) analysis of this data which will be published, has taken longer than expected due to the impact of COVID-19. The Committee notes this information. In this regard, the Committee stresses the disproportionate impact of the pandemic on the employment situation of women: in most countries, they have suffered greater rates of job loss generally and face significantly higher rates of unemployment than men. Moreover, women are over-represented in high-risk sectors, such as in care work, where demand for their services has increased due to the pandemic. As a result, they have been required to work excessive hours while also continuing to shoulder the primary burden of unpaid care work (General report of the Committee of Experts, adopted in 2020, paragraph 45). The Committee asks the Government to continue to provide detailed information on the measures adopted to address and raise awareness on pay inequality in the private sector. The Committee also asks the Government to provide detailed information on the impact of the COVID-19 pandemic in relation to comparative rates of job loss among women and men; comparative rates of unemployment; the income of women and comparative work force participation in specific high-risk employment sectors where demand for services has led to required excess hours worked, and to provide information on whether the gender pay gap has widened because of the pandemic. The Committee asks the Government to provide information on the findings of the evaluation of Shared Parental Leave and Pay. It also asks the Government to provide information on the main causes of gender pay gaps identified in the public sector and the results of the action plans adopted to reduce these gaps. The Committee also asks the Government to provide specific statistical data on pay levels in the public sector, disaggregated by sex and occupations.

Article 3. Pay audits. The Committee asked the Government to provide information on any case of application of the provisions of section 139A of the Equality Act 2010 and of the Equality Act 2010 (Equal Pay Audits) Regulations 2014 on the possibility for an employment tribunal to order the employer to carry out an equal pay audit. The Government indicates that it is not aware of whether or not these provisions have been used, as most cases do not result in a judgment, either because they are settled outside courts or withdrawn. Recalling that equal plan audits are an important means of promoting and ensuring the implementation of the principle of the Convention, the Committee again asks the Government to indicate in some detail whether and how these tools are being used by the Employment Tribunals.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with social partners. The Committee has repeatedly asked for information on any cooperation initiatives with social partners as well as any collective agreement that includes equal pay issues or promotes the principle of equal remuneration for men and women for work of equal value. The Government indicates that it has supported the business-led and voluntary Hampton-Alexander review published in February 2021 into increasing the number of women in senior positions in the Financial Times Stock Exchange (FTSE) 350 companies. It also refers to the Sector Deals that are partnerships between the government and industries on sector-specific issues and indicates that a number of sector deals include ambitious commitments to increase the proportion of women. The Government further indicates that it met with the TUC to discuss gender equality legislation, evidence-based actions for employers and the TUC’s actions on gender diversity. The Committee recalls the importance of ensuring that the provisions of collective agreements do not result in indirect wage discrimination against women and that introducing equal pay clauses in collective agreements can be an efficient step to addressing the issue, (General survey of 2012, paras. 694 and 729). While taking note of the information provided by the Government, the Committee once again asks the Government to indicate whether and how collective agreements take into account the principle of equal remuneration for men and women for work of equal value (such as through the introduction of objective job evaluation methods in the agreements, or the inclusion of equal pay clauses). It further asks the Government to continue to provide information on the manner in which it cooperates with workers’ and employers’ organizations to give effect to the principle of the Convention.

Enforcement. The Committee had asked the Government to provide information on any new development regarding the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 that had been quashed by the Supreme Court. The Committee takes note of the Government’s indications that the Ministry of Justice has frequent discussions with the Department for Business, Energy and Industrial Strategy on many aspects of Employment Tribunals and that no final decision has been made regarding the re-introduction of fees, on which any formal proposal would be subject to a public consultation process. Furthermore, as stated above, the Committee takes note of the Government’s indication that most cases do not result in a judgment, either because they are settled out of courts or withdrawn. The Committee stresses that the judicial process of individual complaints to courts or labour tribunals, including providing appropriate remedies and imposing sanctions, is an important feature of the enforcement of the Convention and that courts and tribunals have a crucial role in developing jurisprudence furthering the principles of the Convention, and in providing remedies including orders for equal remuneration, compensation, and reinstatement (see 2012 General Survey, paragraph 883). The Committee therefore asks the Government to adopt measures to ensure the efficiency of the remedies available, both in the private and public sector, before the Employment Tribunals and to provide detailed information on the number of complaints brought in relation to equal pay, as well as on the outcome of these cases (including on the number of settlements, number of withdrawals or dismissals, sanctions imposed and compensation granted).

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trades Union Congress (TUC) received on 30 August 2021 and communicated to the Government. The Committee also takes note of the Government’s reply.

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. Law and practice. In its previous comments, the Committee noted that the Equality Act 2010 did not specifically refer to the grounds of social origin and political opinion. It requested the Government to provide concrete examples of how cases alleging discrimination based on social origin and “caste” are dealt with by courts and tribunals, and information on the number of cases of discrimination based on political opinion and on the measures taken to protect workers against such form of discrimination.

Discrimination based on social origin. With regard to the protection against discrimination based on membership of a “caste”, the Government, in its report, states that it is aware of only three cases brought before the courts that involved considerations of caste and its relation to social origin. In Naveed v. Aslam (2012), the Employment Tribunal declared that the complaint was not well-founded as the “incidents were entirely unrelated to the claimant’s caste (or indeed to any other racially tainted characteristic)”. In Begraj v. Manak (2014), the case was not concluded after the judge in charge of the Employment Appeal Tribunal recused herself. In Tirkey v. Chandhok (2014), the Employment Appeal Tribunal found in favour of the claimant’s contention that she was discriminated against because of her low status including by reason of her caste. While the judge accepted that “caste” was not explicitly part of the Equality Act 2010, he also stated that many of the identifying features of a person’s descent which determined their caste related to their “ethnic origins” and this is explicitly protected under the Equality Act. The claimant was awarded compensation of £180,000. In the Government’s view, this judgment means that it is likely that anyone who believes that they have been discriminated against because of caste could now bring a race discrimination claim under the existing ethnic origin limb of the race provisions of the Equality Act 2010 because of their descent. The Government considers therefore that the best way to provide the necessary protection against unlawful discrimination because of caste is by relying on emerging case-law as developed by courts and tribunals. Consequently, section 9(5) of the Equality Act 2010 providing that a Minister of the Crown: (1) must by order amend this section so as to provide for caste to be an aspect of race, and (2) may by order amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to race in specified circumstances, will be repealed. In this regard, the Committee takes note of the observations of the TUC on the employment situation of working-class workers. The TUC emphasizes that people from working class backgrounds still earn less than those from middle class backgrounds, even when they have the same qualifications and do the same type of job. Even when those from working-class backgrounds attend university, they still enter the job market earning less than those from middle-class and private-school backgrounds. The TUC’s analysis of data provided by the Higher Education Statistics Agency (HESA) shows that graduates with parents in “professional and routine” jobs are more than twice as likely as working-class graduates to start on a high salary, no matter what degree level they attain. The Government refers in its response to the National Living Wage and the National Minimum Wage that it states provide essential protection for the lowest paid workers.

While taking note of the information provided by the Government on the case law regarding discrimination based on “caste”, the Committee recalls that discrimination and lack of equal opportunities based on social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste determine his or her occupational future (see 2012 General Survey on the fundamental Conventions, paragraph 802). The Committee notes that there has been only one successful case of discrimination connected to “caste”, which may indicate that the absence of explicit mention of it in the Equality Act demonstrates a lack of awareness of its protection under the Act. The Committee notes with regret the fact that the Government is proposing to repeal section 9(5)(a) of the Equality Act 2010.

Further, the notion of “social origin” is broader in scope than the notion of “caste” referenced in the case law reported by the Government. The Committee takes note of the Government’s response to the TUC’s comments that it does not propose to introduce the socio-economic duty under Part 1 of the Equality Act 2010 for England or in respect of Great-Britain wide bodies, and notes with regret that the Government does not propose to add a new characteristic to the Equality Act 2010 addressing social origin.

Discrimination based on political opinion. With regard to cases relating to discrimination based on political opinion, the Government indicates that there are no central records on the number of cases brought domestically, broken down by protected characteristic. It is open to people to contest that their political beliefs are so strong that they can be captured by the religion or belief provisions within the Equality Act 2010, and domestic courts have been open to considering such cases on their individual merits. Discrimination on the basis of political opinion is therefore protected against. Furthermore, the Committee notes that while the Equality Act 2010 covers “philosophical belief”, it does not appear to cover “political opinion”. The Committee notes that protection for political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, and covers discrimination based on political affiliation. The notion of “belief” explained by the Government is narrower than the concept of political opinion enshrined in the Convention (see 2012 General Survey, paragraph 805).The Committee also recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey, paragraph 853). The Committee requests the Government to take steps to ensure that at least all the prohibited grounds of discrimination specified in Article 1(1)(a) are included in the legislation and that, in the meantime, workers are protected in practice against discrimination based on their social origin and political opinion. It further asks for detailed information on the measures adopted to address discrimination faced by workers from working-class backgrounds reported by the TUC, as well as on any cases relating to claims of discrimination based on social origin or political opinion, including the facts of those cases (such as the scope and particulars of discrimination based on social origin, at least in terms of salaries and opportunities for advancement) and the remedies provided.

Discrimination based on religion. The Committee previously requested the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, including on the impact of these measures on access to employment and education for the Muslim community. The Committee takes note of the indication that the Government engages with Muslim communities through a number of faith and integration projects. These projects are often geographically targeted to address problems faced by the communities where there can be high degrees of segregation and often seek to address issues of disadvantage or exclusion that create barriers to integration and employability. Noting this information, the Committee requests the Government to provide data on the impact of the measures taken on access to employment and education for the Muslim community, as well as any other activities undertaken specifically in the field of discrimination in employment and occupation.

Northern Ireland. The Committee has been asking the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief in Northern Ireland (section 71(1) of the Fair Employment and Treatment (NI) Order, 1998). The Committee notes with regret that the Government’s report does not contain any information in this regard. The Committee once again requests the Government to take steps to repeal the exclusion of teachers from protection against discrimination on the ground of religious belief in Northern Ireland provided in section 71(1) of the Fair Employment and Treatment (NI) Order, 1998.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Trade Union Congress (TUC) received on 26 October 2017.

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. In its previous comment, the Committee requested the Government to provide information on any developments concerning the inclusion of caste-based discrimination as an aspect of race in section 9 of the Equality Act 2010; to indicate the steps taken in order to adequately monitor forms of discrimination that may lead to discrimination based on political opinion; and to provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is ensured in practice. The Committee notes that, according to the Government report, a public consultation was held from March to September 2017 on how to ensure that there is appropriate and proportionate legal protection against unlawful discrimination based on caste. In its response to the consultation, published in July 2018, the Government explains that, given the extremely low number of cases involved and the clearly controversial nature of introducing “caste” as a self standing element into British domestic law, the best way to provide the necessary protection against unlawful discrimination because of caste is by relying on emerging case-law as developed by courts and tribunals. According to the Government, the flexibility that case-law provides gives the greatest scope for decisions on the subject to take account of the particular facts of a case brought before the courts and evolve naturally to ensure that the necessary protection is provided. Regarding political opinion, the Committee takes note of the Government’s statement that there is no explicit legal protection in British law against discrimination because of political opinion other than under human rights law but that domestic courts have determined that various political and quasi-political beliefs are covered by the “religion” or “belief” provisions of the Equality Act 2010. The Committee recalls, once again, that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee asks the Government to provide: (i) concrete examples of how cases alleging discrimination based on social origin and “caste” are dealt with by courts and tribunals, including the facts of the case and the remedies provided; and (ii) information, including statistical data, on the number of cases of discrimination based on political opinion and on the measures taken to protect workers against such form of discrimination.

Discrimination on the basis of religion. The Committee recalls that in its previous comment it asked the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, in particular with respect to the impact of these measures on access to employment and education by Muslims, as well as information on any complaints filed by Muslims concerning cases of discrimination in employment on the basis of religion and the remedies provided and sanctions imposed. The Committee notes the Government’s statement that it is unable to provide information on complaints filed by Muslims as there is no requirement in statute to declare one’s religion. It notes that employment rates of Muslims stand at 53.3 per cent (69.4 per cent for men, 36.3 per cent for women). The Government adds that public bodies must also take due consideration of the requirements of section 149 of the Equality Act 2010 (“the Public Sector Equality Duty”) in relation to the protected characteristics including religion or belief. The Committee asks the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, including on the impact of these measures on access to employment and education for Muslims.

Article 1(1)(b). Workers with disabilities. In its previous comments, the Committee asked the Government to continue to provide information on the concrete measures taken to promote equality of opportunity and treatment of workers with disabilities, in particular with respect to access to education, vocational training and employment, and the impact of such measures; and to provide information on the adoption of the Disability Strategy.The Committee notes the adoption of (i) a new Disability Confident Scheme in November 2016 designed to encourage employers, on a voluntary basis, to recruit and retain disabled people and those with health conditions; (ii) the Access to Work government-funded programme which provides practical and financial support to individuals whose health and disability affects the way they do their work (the number of beneficiaries rose by 8 per cent, to 25,000, during the period 2016–17); as well as (iii) other programmes supported by the Government. It also notes the Special Education Needs and Disability (SEND) reforms’ new focus which is to prepare all children and young adults with SEND for adult life, including employment, through a range of programmes and opportunities such as supported internships, study programmes with work experience, traineeships and apprenticeships made more accessible to young people with disabilities. However, the Committee also notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about the persistent employment and pay gaps for work of equal value affecting persons with disabilities and recommended that the Government develop and decide upon an effective employment policy aimed at ensuring decent work for all persons with disabilities; ensuring equal pay for work of equal value; ensuring that reasonable accommodation is provided to all persons with disabilities who require it in the work place; ensuring that regular training on reasonable accommodation is available to employers and employees without disabilities and ensuring that dissuasive and effective sanctions are in place in cases where reasonable accommodations are not made (CRPD/C/GBR/CO/1, 3 October 2017, paragraphs 56 and 57). In this regard, the Committee refers to its comments under the Employment Policy Convention, 1964 (No. 122). The Committee notes the initial government response to these concluding observations, dated 3 October 2018, in which it details the initiatives taken in relation to people with disabilities. The Committee asks the Government to continue to provide information on the concrete measures taken to promote equality of opportunity and treatment of workers with disabilities, in particular with respect to access to education, vocational training and employment, and the impact of such measures, including as demonstrated by relevant statistics.

Article 2. Equality of opportunity and treatment between men and women. In its previous comment, the committee requested the Government to provide information, including statistics, on the implementation of the Women and the Economy Action Plan and the manner in which it addresses occupational sex segregation and promotes the participation of women in a wide variety of jobs including those with career prospects and full-time and high-level posts in the public and private sector. In addition, it requested information on the impact of the measures taken regarding childcare support, shared parental leave and flexible working arrangements on the participation of women in full-time and part-time employment. The Committee notes the Government’s statement that helping women with children to remain in the labour market is critical to closing the gender pay gap and its indication that, in order to do so, it has extended the right to flexible working arrangements to all employees with 26 weeks of continuous service with the same employer, introduced shared parental leave, and supported childcare costs by investing in free childcare places and announcing “tax free childcare”. Regarding the right to flexible working arrangements, the Government specifies that it is “a right to request, not a right to have” but that “employers can only refuse if they have sound business reasons (e.g. costs)” and that 97 per cent of companies in the United Kingdom offer some forms of flexibility. In this regard, the TUC indicates that, while flexibility driven by workers’ needs is valuable, there needs to be additional protection to prevent exploitation. Regarding shared parental leave, the Government indicates that, since December 2014, working parents can share up to 50 weeks of leave and 37 weeks of pay in the first year of the child’s life, with parents taking leave together or alternatively and the leave and pay being taken in up to three blocks or more if the employers agree. The TUC observes that the Government reports on eligibility and not on the actual shared parental leave taken and that there is a low take-up of this type of leave due to the lack of schemes to support fathers’ share of time off. The TUC considers that a strengthened paternity leave is also be necessary.

The Government also indicates that it is taking action to tackle the social and cultural root causes of the gender pay gap, including by addressing occupational segregation and that it is taking steps to increase the percentage of girls taking science, technology, engineering and mathematics (STEM) subjects and mentions several services or initiatives to provide better careers advice. It also indicates that it is committed to achieving three million apprenticeship starts in England by 2020. In this regard, the Committee notes the TUC’s observations that, although half of the apprenticeships started in 2014–15 were started by women, many young women are working in low pay sectors with limited opportunities to progress. Thus, apprenticeships reproduce occupational segregation: women represent 94.3 and 91.7 per cent of apprentices in childcare and hairdressing respectively and only 7.4 per cent in the engineering and manufacturing sectors. In addition, according to the TUC, pay levels which breach the apprenticeships national minimum wage are more common in hairdressing (42 per cent) and the child care sector (26 per cent).

Regarding the representation of women at the executive level, the Committee notes the Government’s indication that it aims at reaching the ratio of 33 per cent of women on the boards of the Financial Times Stock Exchange (FTSE) 350 companies and 33 per cent in executive committees and “direct reports” in the FTSE 100 by 2020 as well as reducing the “all-male” boards to zero. In this regard, the Committee notes the adoption, in March 2018, of the Gender Representation on Public Boards (Scotland) Act which sets an objective of 50 per cent of women in non-executive positions on the boards of certain public bodies by December 2022. The Committee also notes the concerns of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about: the inadequacy of measures adopted to accelerate the representation of women in all areas of political and public life throughout the whole of the United Kingdom’s territory; the continued underrepresentation of women in higher education and careers in STEM fields; their underrepresentation on corporate boards and executive positions and their concentration in lower paying positions in all occupational sectors and in lower paying occupational sectors such as health, education and retail; the high prevalence of informal, temporary or precarious forms of employment (including employment with zero-hours contracts) as well as sexual harassment; and the difficulty of women belonging to marginalized groups in gaining access to employment (CEDAW/C/GBR/CO/8, 14 March 2019, paragraphs 37, 41 and 43).

The Committee asks the Government to continue to provide information, as well as statistics and results obtained, on steps taken to address occupational sex segregation and to promote the participation of women in a wide variety of jobs including those with career prospects and full-time and high-level posts in the public and private sectors. In addition, the Committee asks the Government to include information on the impact of the measures adopted regarding childcare support, shared parental leave (including statistics on the actual leave taken disaggregated by sex) and flexible working arrangements, on the participation of women in full-time and part-time employment.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. Previously, the Committee requested the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes and their impact – including statistics – on the employment of workers from ethnic minorities, in particular Pakistani and Bangladeshi workers, as well as Roma and Travellers, both men and women in the public and private sectors. The Committee notes the information provided by the Government on ethnic minority employment rates showing an increase in the employment rate of the Pakistani/Bangladeshi population from 50 per cent in 2012, as noted in the previous comment, to 55 per cent in 2017, and a decrease in their unemployment rates from 17 per cent in 2012 to 11 per cent in 2017. However, as shown by the Race Disparity Audit (see the summary findings from the Ethnicity Facts and Figures website) published in October 2017 and revised in March 2018, people from Pakistani and Bangladeshi backgrounds remain more likely to be in low skilled, low paying occupations than any other ethnic group, and receive the lowest average hourly pay. In the public sector, ethnic minority employees are concentrated in the lower grades or ranks and among the younger employees. The Committee also notes the Government’s statement that it has an ambitious “Black and Minority Ethnic 2020 Plan” which is aimed at improving labour market outcomes with the following objectives targeted at persons from minority backgrounds: increasing by 20 per cent the proportion of apprenticeships, the proportion of students going to university and employment rates; awarding 20,000 start-up loans; and increasing the diversity in the armed forces and the police. The Government also indicates that objective 3 of the Equality Objectives for 2016–20 of the Welsh Government specifically focuses on addressing the many factors related to employment, skills and pay inequalities. The Committee also notes the concerns of the TUC indicating that the unequal treatment of migrant workers in the labour market is encouraged by immigration legislation: the Immigration Act 2016 made undocumented working a criminal offence and classified the wages of undocumented workers as the proceed of crime, thus prohibiting undocumented workers from claiming rights at work by fear of being arrested and deported. In this regard, the Committee wishes to refer to its comments under the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee asks the Government to provide information on the results of the Black and Minority Ethnic 2020 Plan and the Equality Objectives for 2016–20 as well as any other topical initiatives. It also asks the Government to continue to provide concrete information on the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, as well as on the results obtained so far as regard their rate of employment and type of jobs occupied. The Government is also asked to provide information on the Immigration Act 2016 and its impact.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Equality bodies. The Committee notes the information provided by the Government. It also notes the TUC’s observation that consultation with workers’ representatives on discrimination issues is becoming less effective due to failure to ensure worker’s representation on boards and bodies tasked with implementing the policy objectives associated with Conventions, including at the Equality and Human Rights Commission (EHRC). The Committee asks the Government to provide information on how it ensures the comprehensive involvement and participation of social partners in the work of equality bodies.

Enforcement. The Committee notes the Government’s decision to withdraw from the European Union (EU). It asks the Government to keep the Committee informed of the measures adopted in order to ensure that the rights afforded, under EU Law, against discrimination in employment and occupation are preserved.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Trade Union Congress (TUC) received on 26 October 2017.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comment, the Committee requested the Government to continue to provide information on the evolution of the gender pay gap in the public and private sectors, and on the implementation of the specific measures taken to reduce it and to address its underlying causes. The Committee also requested the Government to include statistics on the prevalence of overtime, disaggregated by sex and sector of employment. Regarding the latter, the Committee notes the information provided by the Government which shows that, in almost all sectors for which a reliable estimate is available, men work more paid overtime hours than women (an average of 1.3 hours weekly compared to 0.6 hours for women). The Committee notes that according to the Office of National Statistics (ONS), the gender pay gap for median gross hourly earnings (excluding overtime) varied from 18.2 per cent (after correction) in April 2016 to 18.4 per cent in April 2017 and 17.9 per cent in April 2018. According to the Government, this is the preferred headline measure of the pay gap as it reflects both full-time and part-time earnings and the distribution of employees between them, therefore representing best the overall position of women in the labour market. For the same period (April 2016 to April 2018), the gender pay gap for median earnings for full-time employees decreased from 9.4 per cent to 8.6 per cent. Similarly, the “negative” gender pay gap (in favour of women) among part-time employees varied from minus 6.1 per cent in April 2016 to minus 4.4 per cent in April 2018. The Government explains that average part-time earnings for women have grown faster since 2009 than average part-time earnings for men, indicating that high skilled and better paid women are taking part-time work to accommodate childcare responsibilities. As regards age groups, the Committee notes that figures from the ONS as of April 2018 show that the gender pay gap for full-time employees has virtually been eliminated (i.e. is close to zero) for those aged between 18 and 39 years whereas it widens as from the age of 40 years. For all employees (full-time and part-time), the gender pay gap widens after the age of 30 years and this coincides with an increase in working part-time from this age. The Government indicates that, since 1997, there has been an average annual decrease of almost 0.5 per cent point per year. During that period, according to the ONS, all age groups have seen narrowing gaps apart from those aged 60 years and over, a group for which the gap has widened since 2005. Data from the ONS on the gender pay gap by occupation for full-time employees as of April 2018 reveals that it is in favour of men for all the main occupation groups, ranging from 4.8 per cent for sales and customer service occupations to 23.9 per cent for skilled trades occupations. From a geographic point of view, the same data shows that the gender pay gap for full-time employees has fallen in all regions since 1998, most markedly in Northern Ireland where it is now in favour of women (minus 3.5 per cent). However, in London, where the pay gap was below the national average in 1998, it has narrowed at a slower rate (with virtually no change from 2008 to 2018) and is now the national widest, at 13.7 per cent. Also according to the ONS, the gender pay gap (median) for all employees in the private sector decreased from 24.5 per cent in 2016 to 23.8 per cent in 2018 whereas, in the public sector during the same period, it increased from 18.2 to 19 per cent. The Committee notes the Government’s declaration that it is committed to eliminating the gender pay gap completely. In this regard, it notes the information provided by the Government that voluntary, private and public employers with 250 or more employees are required by regulations to publish their data relating to their gender pay gap and gender bonus gap since April 2018. According to the Government, the Equality and Human Rights Commission has the appropriate enforcement powers if any large employer fails to comply with this obligation. It adds that, while it is not mandatory for employers to produce an action plan to tackle their gender pay gap, the non-statutory guidance strongly encourages them to do this on a voluntary basis. It is confident that increasing transparency around the differences in pay between women and men will encourage employers to scrutinize their own recruitment, remuneration, reward and staff development practices and ensure that steps are taken to close any identified pay gaps. The Government adds that it has adopted a package of measures to modernize workplaces and support the progression of women across all economic sectors, including by: (i) extending the right to ask for flexible working arrangements; (ii) introducing shared parental leave and pay in December 2014; (iii) announcing a funding of one billion pounds a year by 2019–20 for free childcare places and introducing tax-free childcare; (iv) supporting a business-led approach to developing the “female talent pipeline”; (v) announcing a fund of £5 million to increase the number of programmes supporting people returning to work after a career break in the public and private sectors; and (vi) supporting female entrepreneurs to start up and grow their business. In its observations, the TUC states that, due to the threshold of 250 employees for the gender pay gap reporting obligation, only one per cent of companies and 40 per cent of employees are covered, whereas a threshold of 150 employees would ensure a greater coverage and bring the reporting in line with that required by the Public Sector Equality Duty. The TUC also observes that the duty to report does not entail any obligation to adopt an action plan in order to reduce gender pay disparity nor is there any requirement to remedy identified gaps. In addition, according to the TUC, the legislation does not make provision for fines or any other sanction in the event of companies failing to comply with its reporting obligation. It adds that, in practice, very few couples took advantage of the shared parental leave (8,700 couples out of 285,000 potential beneficiaries announced by the Government that is 3.1 per cent). It considers that better support for fathers taking shared parental leave, supplemented by much stronger support for dedicated paternity leave, is necessary to increase the uptake of such leave which could change the established culture regarding parental leave and start to reduce the pay penalty for women. The Committee asks the Government to continue to provide detailed information on the evolution of the gender pay gap in the public and private sectors, on the implementation of the specific measures taken to reduce it and to address its underlying causes, and to continue to provide statistics on the prevalence of overtime, disaggregated by sex and sector of employment.

Public sector. The Committee requested the Government, in its previous comment, to provide information on any development concerning the amendment of the Equality Act 2010 (Specific Duties) Regulations 2011 as well as on any other specific measures adopted to reduce the existing gender pay gap in the public sector and to address its underlying causes. The Committee notes the information provided by the Government that these Regulations were updated. The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 entered into force on 31 March 2017, requiring specified employers in the public sector with 250 or more employees to publish their gender pay gap data by 30 March 2018. Although not compulsory, employers are strongly encouraged to include information on equality objectives connected to the gender pay gap in the data they publish. The Government states that it will closely monitor compliance and will maintain the dialogue with employers in the public sector to encourage them to take action. The Committee wishes to recall that paragraph 1(a) of the Equal Remuneration Recommendation, 1951 (No. 90), provides that appropriate action should be taken, after consultation of the workers’ organizations concerned, to “ensure” the application of the principle of equal remuneration for men and women for work of equal value to all employees of central government departments or agencies. The Committee also notes the observations of the TUC calling for governmental support to sectorial collective bargaining where pay is low and the number of women workers disproportionately high, such as social care, cleaning and catering (not only in the public sector). Recalling that, where the State is the employer or in a position to intervene in the wage-fixing process, it is obliged to ensure the application of the principle of the Convention and must take effective measures in order to accomplish real progress in attaining the Convention objective, the Committee asks the Government to provide information: (i) on the implementation of the obligation of employers in the public sector with more than 250 employees to provide their gender pay gap data and the results achieved; (ii) on any initiatives taken to raise awareness of employers in the public sector and encourage them to adopt action plans with specific equality objectives; and (iii) on any other specific measures adopted to ensure the application of the principle of equal remuneration for men and women for work of equal value in the public sector and to address the underlying causes of the existing gender pay gap.

Private sector. In its previous comment, the Committee requested the Government: (i) to provide information on the number of enterprises that participate in the initiative “Think, Act, Report” (which encourages voluntary gender equality reporting) and on the number of enterprises that have published their gender pay gap in accordance with section 78 of the Equality Act 2010 as well as their bonus gap, and that have adopted specific measures to reduce them; and (ii) to indicate whether it is envisaged that the requirement to publish the gender pay gap might be extended to enterprises with fewer than 250 employees. The Committee notes the Government’s indication that nearly 300 employers, collectively employing over two million persons, signed up to support the “Think, Act, Report” voluntary initiative set up in 2010. It notes, however, that the Government does not indicate how many of them actually voluntarily published their gender pay gap and bonus gap and what actions were taken in order to address the issue. The Government indicates that the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, which entered into force on 6 April 2017, require employers with 250 or more employees to publish annual information on the gender pay gap by 4 April 2018 and that information is available online. It adds that any employer, whatever its size, can voluntarily publish its gender pay gap figures on the Government’s online reporting service. Finally, the Committee notes the Government’s indication regarding initiatives in Wales to support women’s career advancement and reduce gender pay inequalities, such as the “Agile Nation 2” operation; the “Women Adding Value to the Economy” (WAVE) project; and the “Women in Science, Technology, Engineering and Mathematics (STEM)” working group and board. The Committee asks the Government to continue to provide information on the gender pay gap reporting and its impact in reducing gender pay inequalities in the private sector as well as on any measures taken to promote vigorously the principles of the Convention with employers in the private sector.

Article 3. Pay audits. Previously, the Committee requested the Government to evaluate the results achieved by the implementation of section 139A of the Equality Act 2010 and of the Equality Act 2010 (Equal Pay Audits) Regulations 2014 – which gives power to the employment tribunals to order that an employer undertake an equal pay audit in case of an equal pay breach – and to provide information thereon. It notes the Government’s statement to the effect that it is not aware that any such case has happened yet, probably due to the introduction of the above-mentioned regulations imposing gender pay gap reporting obligations. The Committee asks the Government to keep it informed of any case of application of the provisions of section 139A of the Equality Act 2010 and of the Equality Act 2010 (Equal Pay Audits) Regulations 2014.

Article 4. Cooperation with social partners. Noting that the Government merely refers to the Business in the Community initiative – which is a business-led charity whose membership is composed of employers from private and public sectors – the Committee reiterates its request for information on any cooperation initiatives with social partners as well as any collective agreement that takes into account equal pay issues or promotes the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee, in its previous comment, requested the Government to provide information on the results of the post-implementation review of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 – which introduced a fee to issue proceedings in the employment tribunals, following which the number of discrimination claims had dropped drastically (from 31,389 in 2013–14 to 17,858 in 2015–16) – as well as on the decision of the Supreme Court on the issue. The Committee notes the Government’s indication that the Supreme Court found employment tribunals fees unlawful and quashed the Order. It further notes the Government’s statement that it is carefully considering this judgment before deciding how to proceed, taking into account access to justice, the cost of litigation and the manner in which tribunals are funded. The Committee asks the Government to provide information on any new development in that regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with regret that the Government, in its report, has not replied to the issues raised in its previous observation.

Articles 1 to 3 of the Convention. Northern Ireland. The Committee notes, once again, that the Equality Act 2010 is not applicable in Northern Ireland and that teachers are excluded from the protection against discrimination on the grounds of religious belief. It notes with interest that the Racial Equality Strategy 2015–25 for Northern Ireland has been adopted. This document acknowledges that “a significant gap has opened up between the protections offered in Great Britain and [Northern Ireland]”. Among its proposed actions is the review of the Race Relations (Northern Ireland) Order 1997, and other relevant aspects of legislation. It also raises the question of whether ethnic monitoring should be introduced. The Committee notes that the Strategy commits, inter alia, to: giving stronger protection against racial harassment, including of employees by clients or customers; removing or modifying certain exceptions, including those relating to immigration and the employment of foreign nationals in the civil, diplomatic, armed or security and intelligence services and by certain public bodies; expanding the scope of positive action which employers and service providers can lawfully take in order to promote racial equality; increasing protection under the race equality legislation for individuals against victimization; introducing protection against multiple discrimination; strengthening tribunal powers to ensure effective remedies for complainants bringing racial discrimination complaints; and reviewing the Fair Employment and Treatment (NI) Order 1998, so as to require registered employers to collect monitoring information as regards nationality and ethnic origin of their employees and job applicants. The Committee once again asks the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief and to provide information on any development relating thereto. It also asks the Government to provide detailed information on the implementation of the Racial Equality Strategy 2015–25 for Northern Ireland.

Enforcement. The Committee notes with interest that the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, which introduced a requirement to pay a fee to initiate proceedings in employment tribunals, has now been revoked and that the number of discrimination claims has begun to increase in consequence. It also notes again that section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA) has repealed section 138 of the Equality Act 2010, which allowed a potential victim of discrimination to submit a list of questions to the potential respondent in order to overcome the difficulties in identifying whether discrimination has occurred. In this regard, the Committee recalls, once again, that the burden of proof can be a significant obstacle to justice, particularly as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer. The Committee further notes that section 2 of the Deregulation Act 2015 amended section 124 of the Equality Act 2010, removing the employment tribunals’ power to make wider recommendations. The Committee asks the Government, once again, to provide information on the administrative and judicial decisions concerning the implementation of the Convention, as well as statistical information on trends in the number of discrimination claims before employment tribunals and their rates of success. It further asks the Government to provide information on the impact of the removal of the employment tribunals’ power to make wider recommendations.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that according to the Office of National Statistics (ONS), the gender pay gap for median hourly earnings (excluding overtime) decreased from 19.3 per cent in April 2015 to 18.1 per cent in April 2016. For the same period, the gender pay gap (for median earnings) for full-time employees decreased from 9.6 per cent to 9.4 per cent. In April 2016, men working full time earned, on average, more than women (£578 per week compared with £480). Women were paid more, on average, among part-time employees considered separately, resulting in a “negative” gender pay gap (minus 6 per cent in April 2016). In April 2016, the gender pay gap for full-time high earners (top decile) employees was of 18.8 per cent while, for low earners (bottom decile) the gap was of 4.9 per cent. According to the ONS, this is connected to the introduction of the National Living Wage, as women tend to work in lower-paid occupations. The gender pay gap for full-time employees in the private sector decreased from 17.4 per cent in 2015 to 16.6 per cent in 2016. According to the ONS, the gender pay gap in the public sector has also decreased from 11.8 per cent to 11.3 per cent. The Government indicates in its report that, due to existing occupational gender segregation, women work in sectors with lower salaries. For example, they represent 80 per cent of employees working in human health and social work, where the average weekly pay is nearly £40 inferior to the national average. On the contrary, men represent 69 per cent in the information, communications and technology sector and 74 per cent in the energy supply sector where the average weekly pay is considerably higher. The gender pay gap by sector ranges from 26.3 per cent in the electricity, gas, steam and air conditioning supply sector to minus 11.9 per cent in the mining and quarrying sector. Moreover, the higher the level of occupation, the higher the gender pay gap (20.6 per cent in the managerial category and 5.1 per cent in the caring, leisure and other service occupations). In this regard, the Committee notes that according to the Government Equalities Office report “Trailblazing Transparency: Mending the Gap”, women still only make up around 34 per cent of senior managers, where the greater amount of bonuses are paid. The report also indicates that, taking into account that more than £40 billion had been paid in bonuses in 2014–15, the Government will require larger employers to regularly report on bonuses as part of gender pay reporting regulation. The Government indicates that in order to make further progress in the representation of women in senior positions, different measures have been adopted, such as: the extension of the right to require flexible working time to all employees and flexible parental leave; increased childcare facilities and tax-free childcare; support to women’s entrepreneurship and work with business to reach 33 per cent of women on boards by 2020. The Government further indicates that it is taking measures to tackle social and cultural root causes of the gender pay gap, including addressing occupational segregation. These include, among others, the revision of statutory guidance for schools on careers; the publication of the parents’ guide “Your Daughter’s Future”, as well as measures to encourage gender diversity in careers in science, technology, engineering and mathematics. The Committee welcomes the existing consultation and evaluation procedures applied to the legislation and other implementation measures in order to ensure their effectiveness as well as the continued efforts made by the Government to collect and analyse the nature, extent and evolution of the gender pay gap in the country. The Committee notes, however, that the gender pay gap, while decreasing, remains significant. The Committee requests the Government to continue to provide information on the evolution of the gender pay gap in the public and private sectors, and on the implementation of the specific measures taken to reduce it, in particular with respect to the higher-paid positions and in sectors where women are mainly employed, and to address its underlying causes. Noting that according to the ONS overtime is not included in the gender pay gap calculations, because this would alter the calculations as men are more likely to work overtime, the Committee requests the Government to include statistics on the prevalence of overtime, disaggregated by sex and sector of employment.

Public sector. In its previous comments, the Committee referred to the Public Sector Equality Duty (PSED), provided for in section 149 of the Equality Act 2010, which requires public bodies to have due regard to the need to eliminate discrimination and advance equality of opportunity. The Equality Act 2010 (Specific Duties) Regulations 2011, which apply to England and Wales, require public bodies to publish relevant information showing compliance with the Equality Duty, and to set equality objectives, although gender pay gap reporting is not mandatory. The Committee notes that according to the Government Equalities Office, the Government intends to amend the Regulations in order to include a mandatory requirement for public bodies with 250 or more employees to undertake gender pay gap reporting including data on the bonus pay gap and information on the proportions of male and female employees in each salary quartile. Information concerning overtime and benefits in kind will not be included in the calculation. With respect to the concrete measures already adopted to comply with the PSED, the Government indicates that each public authority decides its own particular actions to meet the equality duty and that this information is not collected. The Committee requests the Government to provide information on any development concerning the amendment of the Equality Act 2010 (Specific Duties) Regulations 2011 and the inclusion of a mandatory requirement to undertake a gender pay gap report, as well as on any other specific measures adopted to reduce the existing gender pay gap in the public sector and to address its underlying causes.

Private sector. With respect to the implementation of section 78 of the Equality Act 2010 relating to the publication of information concerning the pay of employees for the purpose of showing differences in the pay of male and female employees, the Committee recalls that the Government had adopted the “Think, Act, Report” initiative which encouraged voluntary gender equality reporting. The Committee notes in this respect that the Government Equalities Office carried out a consultation in 2015 concerning the implementation of this initiative. In its response to the consultation, the Government indicated that although nearly 300 employers signed the initiative, only seven had voluntary published their gender gap. The Committee notes with interest that, as a consequence, the Government subsequently adopted the Equality Act 2010 (Commencement No. 11) Order 2016, which brings into force section 78 of the Equality Act requiring larger employers (more than 250 employees) to publish information on their gender pay gap. The Government considers that by identifying those employers that are consistently and successfully ensuring that women are achieving their full potential, good practices can be recognized and disseminated. The Committee requests the Government to provide information on the number of enterprises that participate in the “Think, Act, Report” initiative. It also requests the Government to indicate whether the Order has actually entered into force, and if so to provide information on the number of enterprises that have published their gender gap in accordance with section 78 of the Equality Act 2010 as well as their bonus gap, and that have adopted specific measures to reduce them. The Committee also requests the Government to indicate whether it is envisaged to extend the requirement to publish the gender gap to enterprises with fewer than 250 employees.

Article 3. Pay audits. The Committee previously noted that pursuant to section 139A of the Equality Act 2010, employment tribunals have the power to order that an employer undertake an equal pay audit in case of an equal pay breach. The Committee notes the adoption of the Equality Act 2010 (Equal Pay Audits) Regulations 2014 which establish the circumstances in which the employment tribunals must order that a pay audit be carried out, the manner in which it should be carried out and the cases in which tribunals may impose a penalty. The Committee notes that the Government indicates that it is unaware of any pay audit having been ordered since the entry into force of the Regulations and consequently cannot provide information on the impact of this procedure on gender pay adjustments. In the context of the general procedures to evaluate the existing measures to reduce the gender pay gap, the Committee requests the Government to evaluate the results achieved by section 139A of the Equality Act 2010 and of the Equality Act 2010 (Equal Pay Audits) Regulations 2014 and to provide information thereon.

Article 4. Cooperation with social partners. Noting that the Government does not provide information in this regard, the Committee requests it once again to provide information on any cooperation initiatives with social partners as well as any collective agreement that takes into account equal pay issues or promotes the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee referred in its previous comments to the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 which introduced a requirement to pay a fee to issue proceedings in the employment tribunals, following which the number of discrimination claims had dropped drastically, in particular, those related to equal pay issues. On that occasion, the Committee requested the Government to ensure that all workers were able in practice to assert their rights before the courts and to review the existing fees. The Committee notes the Government’s explanation according to which the objective of the order was to reduce costs of the tribunals on the taxpayer and to encourage parties to use other methods of dispute resolution (such as the Advisory, Conciliation and Arbitration Service), while maintaining access to justice. The Government acknowledged that the number of claims was considerably lower than those filed before the adoption of the Order, but indicated that other factors such as changes to the employment law, the availability of alternative dispute resolution services and the improving economy also had an impact on the reduction of complaints. Moreover, in June 2015, the Government initiated a post-implementation review of the Order to examine its results and the fulfilment of the initial objectives. The Committee further notes that the Court of Appeal has dismissed the claims filed against the Employment Tribunals and Employment Appeal Tribunals Fees Order 2013, and that the issue is currently before the Supreme Court. The Committee requests the Government to provide information on the results of the post-implementation review of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 as well as on the final decision on the complaint pending before the Supreme Court. The Committee also requests the Government to provide information on the evolution concerning the number of complaints filed before the employment tribunals throughout the years.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that according to the Office of National Statistics, the hourly earnings (median full time gross hourly earnings) excluding overtime of employees were by April 2013, £13.60 for men and £12.24 for women, and that the pay gap between male and female full-time employees was 10 per cent. It has risen by 0.5 percentage points from the previous year. The Government indicates that overtime is not included in the calculation because it can skew the results given that men work relatively more overtime than women and that women are more likely to work part time. In addition, full-time jobs tend to be higher paid than part-time jobs. The Committee notes from the “Think, Act, Report” second year report that 87 per cent of men and 57.1 per cent of women work full time and 13 per cent of men and 42.9 per cent of women work part time, where full-time workers earn £13.03 per hour and part-time workers £8.01 per hour, reflecting an earnings gap of 39.53 per cent. The largest gender pay gap in 2013 concerned the health professionals (25.7 per cent), the business, finance and related associate professionals (20.4 per cent) and the sales, marketing and related associate professionals (16.6 per cent). The Committee notes the information provided by the Government concerning the measures adopted or envisaged to tackle the overall gender pay gap, including plans to extend the right to request flexible working hours and establish a flexible parental leave system in 2015. The Government also refers to the recommendations of the Women’s Business Council, following which the Government adopted the Women and the Economy Action Plan in November 2013. The Government also launched, in October 2012, the Equality Advisory and Support Service aimed at individuals who need expert advice and support on discrimination issues, including sex discrimination. The Government also refers to pay audits as an instrument to address the gender pay gap. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap in the public and the private sectors, and on the concrete measures taken to address the existing gender pay gap and the impact thereon. Please include statistics on the prevalence of overtime, disaggregated by sex and sector of employment, and its impact on the wages of men and women. The Government is requested, in particular, to provide information on the measures taken to address the underlying causes of the gender pay gap, including the vertical and horizontal occupational segregation and the impact of these measures on the participation of women in the labour market, especially in full-time jobs as well as the obstacles encountered. Please provide information on the implementation of the Women and the Economy Action Plan and the Equality Advisory and Support Service in relation to the application of the principle of the Convention and the gender pay gap.

Public sector. The Government refers to the measures adopted for the implementation of the Public Sector Equality Duty (PSED) and the possibility to impose specific duties to meet the main aims of the PSED. The Committee notes that in England, Wales and Scotland, these specific duties require, among others, to publish objectives and results to demonstrate compliance, and in Scotland they also require the undertaking of an equality impact assessment of policies and practices. In Wales, the Equality Act 2010 (Statutory Duties) Regulations 2011 include a requirement for public authorities to collect information on gender pay differences. The Welsh Strategic Equality Plan of 2012 also includes an objective oriented at the identification of gender pay gaps. The Committee asks the Government to provide information on the concrete measures and actions carried out in the framework of the PSED to implement the principle of the Convention. Please provide information on the impact of these measures on the existing gender pay gap in the public sector.

Private sector. The Committee notes that instead of adopting a mandatory approach through section 78 of the Equality Act 2010 (which provides the enactment of regulations to require employers to publish information relating to the pay of employees for the purpose of showing differences in the pay of male and female employees), the Government has opted for a voluntary mechanism to enhance pay transparency: the “Think, Act, Report” a voluntary, business-led initiative which encourages voluntary gender equality reporting to private sector organizations, particularly those with 150 or more employees. The Committee notes that some enterprises have already signed up to this initiative which covers more than 2 million employees. The Committee asks the Government to provide information on the measures taken and activities carried out in the framework of the “Think, Act, Report” and their concrete impact on tackling the gender pay gap in the private sector. Please also provide information on the specific measures adopted to enhance transparency in the payment of salaries as well as on any other measures adopted in the private sector to identify and correct pay gaps.

Article 3. Pay audits. The Committee notes the Enterprise and Regulatory Reform Act 2013 (ERRA), section 98 of which inserts a new section 139A into the Equality Act 2010 giving employment tribunals the power to order that an employer undertake an equal pay audit in any case where the tribunal finds that there has been an equal pay breach. Section 139A also provides that further provisions can be made by regulations concerning the content of an audit, the powers and duties of a tribunal for deciding whether its order has been complied with as well as any circumstances in which an audit may be required to be published or may be disclosed to any person. The Committee notes the enactment of the Equality Act 2010 (Equal Pay Audits) Regulations 2014 on 1 October 2014. The Committee asks the Government to provide information on the impact of section 139A of the Equality Act 2010 on the number of equal pay audits carried out, the incidence of these pay audits in gender pay adjustments and any obstacles encountered.

Article 4. Cooperation with social partners. The Committee notes that the Welsh Government with the Wales Trades Union Congress have placed trade union equality representatives (TUER) across the public sector to ensure that organizations meet their statutory equality obligations and work towards creating the fairest and most diverse public sector workforce. The representatives also encourage employers to make equality and diversity part of mainstream collective bargaining. In February 2014, the total number of public sector equality representatives across seven trade unions stood at 346. An All Wales Trade Union Equality Representative Network Officer was appointed in May 2013 for a two-year period funded by the Welsh Government. The Committee asks the Government to continue to provide information on similar cooperation experiences with social partners as well as on any collective bargaining processes or collective agreements concluded taking into account equal pay issues and promoting the principle of equal remuneration between men and women for work or equal value.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Enforcement. The Committee notes the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 which introduces a requirement to pay a fee to issue proceedings in the employment tribunals. The Committee notes from statistics compiled by the Ministry of Justice that since the introduction of these fees, the number of discrimination claims has dropped considerably, in particular, those related to equal pay issues. The Committee notes that comparing the period from October to December 2013 (the first quarter after fees were introduced) with the period October–December 2012, 83 per cent fewer equal pay claims were accepted by the employment tribunals. The Committee notes that the decreasing trend has continued. The Committee understands that the introduction of fees has been challenged before the judicial authorities. The Committee considers that the establishment of high fees to file claims on discrimination may constitute an obstacle to the enjoyment of the rights embedded in the Convention, particularly as this affects mainly those most disadvantaged and vulnerable to discrimination. The Committee asks the Government to take the necessary measures to ensure that all workers are able, in practice, to effectively assert their rights before the courts. In this regard, the Committee asks the Government, based on the existing statistics concerning the steep reduction of complaints concerning discrimination filed before the employment tribunals, to review the existing fees established by the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 and to continue to provide statistical information on the evolution of the filing of equal pay claims. Please provide information on the judicial decision concerning the claim filed before the judicial authorities concerning the employment tribunal fees.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that according to the Office of National Statistics, the hourly earnings (median full-time gross hourly earnings) excluding overtime of employees were by April 2013, £13.60 for men and £12.24 for women, and that the pay gap between male and female full-time employees was 10 per cent. It has risen by 0.5 percentage points from the previous year. The Government indicates that overtime is not included in the calculation because it can skew the results given that men work relatively more overtime than women and that women are more likely to work part time. In addition, full-time jobs tend to be higher paid than part-time jobs. The Committee notes from the “Think, Act, Report” second year report that 87 per cent of men and 57.1 per cent of women work full time and 13 per cent of men and 42.9 per cent of women work part-time, where full-time workers earn £13.03 per hour and part-time workers £8.01 per hour, reflecting an earnings gap of 39.53 per cent. The largest gender pay gap in 2013 concerned the health professionals (25.7 per cent), the business, finance and related associate professionals (20.4 per cent) and the sales, marketing and related associate professionals (16.6 per cent). The Committee notes the information provided by the Government concerning the measures adopted or envisaged to tackle the overall gender pay gap, including plans to extend the right to request flexible working hours and establish a flexible parental leave system in 2015. The Government also refers to the recommendations of the Women’s Business Council, following which the Government adopted the Women and the Economy Action Plan in November 2013. The Government also launched, in October 2012, the Equality Advisory and Support Service aimed at individuals who need expert advice and support on discrimination issues, including sex discrimination. The Government also refers to pay audits as an instrument to address the gender pay gap. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap in the public and the private sectors, and on the concrete measures taken to address the existing gender pay gap and the impact thereon. Please include statistics on the prevalence of overtime, disaggregated by sex and sector of employment, and its impact on the wages of men and women. The Government is requested, in particular, to provide information on the measures taken to address the underlying causes of the gender pay gap, including the vertical and horizontal occupational segregation and the impact of these measures on the participation of women in the labour market, especially in full-time jobs as well as the obstacles encountered. Please provide information on the implementation of the Women and the Economy Action Plan and the Equality Advisory and Support Service in relation to the application of the principle of the Convention and the gender pay gap.

Public sector. The Government refers to the measures adopted for the implementation of the Public Sector Equality Duty (PSED) and the possibility to impose specific duties to meet the main aims of the PSED. The Committee notes that in England, Wales and Scotland, these specific duties require, among others, to publish objectives and results to demonstrate compliance, and in Scotland they also require the undertaking of an equality impact assessment of policies and practices. In Wales, the Equality Act 2010 (Statutory Duties) Regulations 2011 include a requirement for public authorities to collect information on gender pay differences. The Welsh Strategic Equality Plan of 2012 also includes an objective oriented at the identification of gender pay gaps. The Committee asks the Government to provide information on the concrete measures and actions carried out in the framework of the PSED to implement the principle of the Convention. Please provide information on the impact of these measures on the existing gender pay gap in the public sector.

Private sector. The Committee notes that instead of adopting a mandatory approach through section 78 of the Equality Act 2010 (which provides the enactment of regulations to require employers to publish information relating to the pay of employees for the purpose of showing differences in the pay of male and female employees), the Government has opted for a voluntary mechanism to enhance pay transparency: the “Think, Act, Report” a voluntary, business-led initiative which encourages voluntary gender equality reporting to private sector organizations, particularly those with 150 or more employees. The Committee notes that some enterprises have already signed up to this initiative which covers more than 2 million employees. The Committee asks the Government to provide information on the measures taken and activities carried out in the framework of the “Think, Act, Report” and their concrete impact on tackling the gender pay gap in the private sector. Please also provide information on the specific measures adopted to enhance transparency in the payment of salaries as well as on any other measures adopted in the private sector to identify and correct pay gaps.

Article 3. Pay audits. The Committee notes the Enterprise and Regulatory Reform Act 2013 (ERRA), section 98 of which inserts a new section 139A into the Equality Act 2010 giving employment tribunals the power to order that an employer undertake an equal pay audit in any case where the tribunal finds that there has been an equal pay breach. Section 139A also provides that further provisions can be made by regulations concerning the content of an audit, the powers and duties of a tribunal for deciding whether its order has been complied with as well as any circumstances in which an audit may be required to be published or may be disclosed to any person. The Committee notes the enactment of the Equality Act 2010 (Equal Pay Audits) Regulations 2014 on 1 October 2014. The Committee asks the Government to provide information on the impact of section 139A of the Equality Act 2010 on the number of equal pay audits carried out, the incidence of these pay audits in gender pay adjustments and any obstacles encountered.

Article 4. Cooperation with social partners. The Committee notes that the Welsh Government with the Wales Trades Union Congress have placed trade union equality representatives (TUER) across the public sector to ensure that organizations meet their statutory equality obligations and work towards creating the fairest and most diverse public sector workforce. The representatives also encourage employers to make equality and diversity part of mainstream collective bargaining. In February 2014, the total number of public sector equality representatives across seven trade unions stood at 346. An All Wales Trade Union Equality Representative Network Officer was appointed in May 2013 for a two year period funded by the Welsh Government. The Committee asks the Government to continue to provide information on similar cooperation experiences with social partners as well as on any collective bargaining processes or collective agreements concluded taking into account equal pay issues and promoting the principle of equal remuneration between men and women for work or equal value.

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. The Committee notes the Enterprise and Regulatory Reform Act 2013 (ERRA) section 97 which amends section 9(5) of the Equality Act 2010. Pursuant to the amendments the Minister must by order provide for caste to be an aspect of race. The Committee notes the Government’s indication that preparatory independent research on a possible definition of caste has been concluded and will be submitted to full consultation. The Government further indicates that there is no intention to provide explicit legal protection for political opinion and that depending on the specific facts of the case, domestic courts may determine that a person’s political belief can amount to a philosophical belief protected under the Equality Act 2010. Moreover, following the amendment to section 108 of the Employment Rights Act 1996, claimants will be able to bring a claim to the Employment Tribunal irrespective of how long they have been working for their employer. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee requests the Government to provide information on any development concerning the inclusion of caste-based discrimination as an aspect of race in section 9 of the Equality Act 2010. The Committee also requests the Government to indicate the steps taken to ensure that emerging forms of discrimination that may lead to discrimination based on political opinion are being adequately monitored. Please provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is ensured in practice.

Discrimination on the basis of religion. The Committee has been referring to barriers to employment faced by Muslims including discrimination, lack of suitable training and educational underachievement. The Government indicates that following the 2013 European Court of Human Rights judgments in four combined cases (Eweida and Chaplin v. the United Kingdom and Ladele and McFarlane v. the United Kingdom) about religious rights in the workplace, the Equality and Human Rights Commission (EHRC) published new guidance to help employers develop policies and practices that protect religion and beliefs in the workplace. The Government also refers to the programme on “Equal Rights, Equal Respect” in schools which includes activities to combat prejudice and negative stereotypes. The Committee requests the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, in particular with respect to the impact of these measures on the access to employment and education by Muslims. Please provide statistical information in this respect as well as information on any complaints filed by Muslims concerning cases of discrimination in employment on the basis of religion and the remedies provided and sanctions imposed.

Article 1(1)(b). Workers with disabilities. The Committee notes the research carried out by the Government in the framework of the Disability and Health Employment Strategy according to which lack of qualifications and job opportunities as well as reticence from employers were the most commonly reported barriers. The research highlighted the importance of employer incentives to boost employment of workers with disabilities. The Committee notes that according to the progress report of the “Equality Strategy Building a Fairer Britain”, a Disability Strategy is under elaboration. The Committee asks the Government to continue to provide information on the concrete measures taken to promote equality of opportunity and treatment of workers with disabilities, in particular with respect to access to education, vocational training and employment, and the impact of such measures. Please provide information on the adoption of the Disability Strategy.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government on the progress made regarding access of women to higher posts in the civil service. The Committee notes however, that although women made up 53 per cent of all employees in the civil service, less than two-thirds of them worked full time compared with 90 per cent of male civil servants. The Government refers to the adoption of the Women and the Economy Action Plan of November 2013 oriented at enhancing educational and career choices for girls, career progression, returning to work and childcare measures, retraining of older women workers and promoting enterprise. The Government has also adopted measures to increase childcare support, shared parental leave and flexible working arrangements. The Committee requests the Government to provide information, including statistics, on the implementation of the Women and the Economy Action Plan and the manner in which it addresses occupational sex segregation and promotes the participation of women in a wide variety of jobs including those with career prospects and full-time and high-level posts in the public and private sector. In this regard, please include information on the impact of the measures taken regarding child-care support, the shared parental leave and the flexible working arrangements on the participation of women in full-time and part-time employment.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Committee notes that the Government provides detailed statistical information on ethnic minority employment rates showing an increase in the employment rate of the Pakistani/Bangladeshi population from 35 per cent in 1993 to 50 per cent in 2012, and a decrease in their unemployment rates from 32 per cent in 1993 to 17 per cent in 2012. The Government indicates that the number of senior civil servants with an ethnic minority background has doubled since 2003. The Committee notes that the Government provides extensive information including progress reports, on the measures taken to promote equality of opportunity and treatment of ethnic minority groups. The Committee notes in particular the measures adopted by the Ethnic Minority Employment Stakeholder Group (EMESG) and the Department of Work and Pensions (DWP) concerning recruitment, in-work poverty and improvement of workplace practices and the programme “Equal Rights, Equal Respect” which also addresses stereotypes regarding ethnic minorities. The Committee notes from the progress report on the “Equality Strategy Building a Fairer Britain” report that ethnic minorities face greater difficulty to access financial institutions and that measures have been adopted in this respect. The Progress Report by the Ministerial Working Group on Tackling Inequalities Experienced by Gypsies and Travellers (2012) also refers to measures envisaged to tackle specific problems of Roma and Travellers, including access to skills support and financial inclusion. The Committee further notes that Glasgow Works, in partnership with the Scottish Government, launched an Ethnic Minority Toolkit “Working with Ethnic Minority Clients” in 2011 which highlights issues that affect the employability of people from ethnic minority communities. The Committee requests the Government to continue to provide concrete information on the measures taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes. Please indicate the impact, including statistics, of these measures on the employment of workers from ethnic minorities, in particular Pakistani and Bangladeshi workers, as well as Roma and Travellers, both men and women in the public and private sectors.

Article 3(a). Equality bodies. The Committee notes the information provided by the Government concerning the role of the Government Equalities Office, the EHRC and the Equality Advisory Support Service in the implementation of the Equality Act 2010. The Committee notes that the EHRC, which now brings together the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission, monitors and assesses how public bodies comply with the Public Service Equality Duty (PSED) provided for in section 149 of the Equality Act 2010 and has published two reports on this respect. The Committee notes, in particular, that the effectiveness of the PSED is currently under review. The Committee requests the Government to continue to provide concrete information on the activities carried out by the Government Equalities Office, the EHRC and the Equality Advisory Support Service, including with respect to the implementation of the PSED, and any difficulties encountered by these institutions in the elimination of discrimination and in the promotion of equality of opportunities and treatment for men and women, including specific minority groups, with respect to the grounds provided for in the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 to 3 of the Convention. Northern Ireland. In its previous observation, the Committee noted that the Equality Act 2010 is not applicable in Northern Ireland. It further referred to the exclusion of teachers from the protection against discrimination on the ground of religious belief and to the implementation of the Race Equality Strategy for Northern Ireland. The Committee notes the Government’s indication that there are currently no plans to develop a Single Equality Bill for Northern Ireland and that the Office of the First Minister and deputy First Minister continues to legislate in order to provide legal protection against discrimination and to promote equality of opportunity. With respect to the exclusion of teachers from protection against discrimination, the Government indicates that following the recommendation from the Equality Commission to abolish the exception, an Assembly motion in April 2013 called on the Office of the First Minister and deputy First Minister to repeal the exception to ensure equal opportunity. The Government further indicates that formal consultation on a new revised Racial Equality Strategy for Northern Ireland (entitled “A Sense of Belonging – Delivering Social Change through a Racial Equality Strategy for Northern Ireland 2014–24”) was launched between 19 June and 10 October 2014. The consultation seeks views on, among other matters, the need for reform of race legislation in Northern Ireland and the proposals put forward by the Equality Commission, including the provision of increased protection against discrimination and harassment on the grounds of colour and nationality across the scope of the race equality legislation. It also seeks views on how the Strategy should be implemented. Taking into account the Assembly motion in April 2013, the Committee requests the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief and to provide information on any development relating thereto. The Committee further requests the Government to provide information on the results of the consultation launched in 2014 concerning the Racial Equality Strategy for Northern Ireland, as well as on the specific legislative measures adopted by the Office of the First Minister and deputy First Minister to address discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Enforcement. The Committee notes the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, which introduces a requirement to pay a fee to initiate proceedings in employment tribunals. The Committee notes from the statistics compiled by the Ministry of Justice that, since the introduction of these fees the number of discrimination claims has dropped considerably. The Committee refers in this respect to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). It also notes that section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA), repeals section 138 of the Equality Act 2010, which allowed a potential victim of discrimination to submit a list of questions to the potential respondent in order to overcome the difficulties in identifying whether discrimination has occurred. The Committee further notes the intention expressed by the Government in its report to repeal section 124 of the Equality Act 2010 pursuant to which employment tribunals are able to make recommendations in discrimination cases to benefit the wider workforce and prevent similar discrimination from occurring in future. Recalling that the burden of proof can be a significant obstacle to justice, particularly as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer, the Committee requests the Government to provide further information on the reasons for the repeal of section 138 and the possible repeal of section 124 of the Equality Act 2010. The Committee requests the Government to continue providing information on the administrative and judicial decisions concerning the implementation of the Convention, as well as statistical information on trends in the number of discrimination claims before employment tribunals.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Enforcement. The Committee notes the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 which introduces a requirement to pay a fee to issue proceedings in the employment tribunals. The Committee notes from statistics compiled by the Ministry of Justice that since the introduction of these fees, the number of discrimination claims has dropped considerably, in particular, those related to equal pay issues. The Committee notes that comparing the period from October to December 2013 (the first quarter after fees were introduced) with the period October–December 2012, 83 per cent fewer equal pay claims were accepted by the employment tribunals. The Committee notes that the decreasing trend has continued. The Committee understands that the introduction of fees has been challenged before the judicial authorities. The Committee considers that the establishment of high fees to file claims on discrimination may constitute an obstacle to the enjoyment of the rights embedded in the Convention, particularly as this affects mainly those most disadvantaged and vulnerable to discrimination. The Committee asks the Government to take the necessary measures to ensure that all workers are able, in practice, to effectively assert their rights before the courts. In this regard, the Committee asks the Government, based on the existing statistics concerning the steep reduction of complaints concerning discrimination filed before the employment tribunals, to review the existing fees established by the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 and to continue to provide statistical information on the evolution of the filing of equal pay claims. Please provide information on the judicial decision concerning the claim filed before the judicial authorities concerning the employment tribunal fees.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]

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

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.

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

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. The Committee notes that the “protected characteristic” of race in the Equality Act 2010 is defined in section 9 to include colour, nationality, ethnic or national origins, and that by order a Minister may amend the section “to provide for caste to be an aspect of race” (section 9(5)(a)) or amend the Act so as to provide for an exception to a provision to apply or not apply to caste, or to apply or not apply to caste in specified circumstances (section 9(5)(b)). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) has raised the issue of the existence of caste-based discrimination and harassment in the context of work, and has recommended that section 9(5)(a) be invoked in order to provide remedies to victims of caste-based discrimination (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 30). The Committee, recalling its previous comments, notes that the Equality Act does not provide protection against discrimination based on political opinion. Recalling the need to ensure effective protection against discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, the Committee asks the Government to invoke section 9(5)(a) of the Equality Act so that caste based discrimination, which is a manifestation of discrimination based on social origin, is covered, and also to take steps to ensure effective protection against discrimination based on political opinion, and to provide information of steps taken in this respect. Please also provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is provided in practice.

Discrimination based on race, colour or national extraction. The Committee is aware of the recent riots in the country, and notes the concerns raised by CERD regarding the racial undertones of these events, as well as reports of the increase in attacks on and negative portrayal of various groups, including ethnic minorities and immigrants. The Committee also notes the poor employment outcomes of Roma and travellers, as well as the increased negative stereotyping and stigmatization of these communities (ibid., paragraphs 9, 11 and 27). The Committee asks the Government to take measures to promote tolerance of and combat negative stereotypes related to, ethnic minorities, migrant workers, Roma and travellers, and to provide information on steps taken in this regard. It also requests the Government to provide information on steps taken to ensure protection against discrimination based on race, colour or national extraction in employment and occupation.

Sex discrimination. Sexual harassment. The Committee notes the provisions of the Equality Act prohibiting harassment, which include sexual harassment, including both quid pro quo and hostile environment sexual harassment (sections 26 and 40). The Committee asks the Government to provide information on the application of sections 26 and 40 of the Equality Act, with respect to sexual harassment in employment and occupation, including any interpretation of the limitations set out in section 26(4). Noting the absence of a reply from the Government, the Committee again requests information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces, and on the implementation of the new Partnerships Agreement between the Ministry of Defence and the Equality and Human Rights Commission with respect to the equality strands (namely, equality target groups). The Committee also requests information on any further measures taken to prevent and address sexual harassment in employment and occupation.

Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by Muslims to employment, including discrimination, lack of suitable training and educational underachievement. The Committee noted that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not address directly the issue of display of religious symbols in employment, but that this issue is referenced in judicial decisions. Noting the absence of a reply on this point, the Committee again asks the Government to provide information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by Muslims.

Multiple discrimination. The Committee notes that the Equality Act addresses combined discrimination, which does not, however, cover the protected grounds of marriage and civil partnership or pregnancy and maternity (section 14(2)). Pursuant to section 14, discrimination can arise because of a combination of two relevant protected characteristics, though it is limited to cases of direct discrimination, and the complainant needs to show that there was direct discrimination because of each of the characteristics in the combination taken separately. The Committee asks the Government to confirm whether section 14 is in force, or when it is due to come into force. The Committee also requests the Government to provide information on the practical application of the provisions relating to combined discrimination, including the number of cases filed, and the results thereof. The Committee also asks the Government to indicate whether consideration is being given to extending combined discrimination to cases of indirect discrimination, or to addressing the intersecting nature of various grounds of discrimination. The Committee would also welcome information on the rationale for excluding certain protected grounds from being raised as combined discrimination, as well as for limiting combined discrimination to only two grounds.

Article 1(1)(b). Age discrimination. The Committee notes the Government’s indication that regulations have been adopted pursuant to which employers are no longer required to use the default retirement age – they can choose to use a higher age or have no normal retirement age. The Government also states that an evidence-based review of the default retirement age will be undertaken, and if evidence suggests that it is no longer needed or no longer appropriate, it could be removed. The Committee asks the Government to provide a copy of the amendments to the Employment Equality (Age) Regulations, 2006, or of any other regulations relating to age discrimination, and to provide information on the practical application of the laws and regulations in force in this context, including the number and outcome of age discrimination complaints. Please also provide information of the outcome of and follow-up to the review of the default retirement age.

Workers with disabilities. The Committee notes also the Government’s indication that the employment rate of disabled people in Great Britain has increased 9.7 per cent since 1998 to 47.5 per cent. It also notes the adoption by the Scottish Government of the Supported Employment Framework entitled “A working life for all disabled people”. The Government states that the framework sets out an alternative model of supported employment that involves a staged approach of progression to move disabled people towards sustained, mainstream employment. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of workers with disabilities, and on the impact of such measures.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes with interest the information provided regarding the impact of the gender equality duty on increasing women’s representation in areas where they were traditionally under-represented, in particular in overcoming barriers to recruiting women as firearms officers in the Metropolitan Police through positive action measures. The Government indicates that through consultation several barriers faced by women were identified, namely the written application process, the job-related fitness test, a lack of information and guidance, myths about the department, and lack of support. A range of action was undertaken to address these barriers, including training female firearms officers to mentor female applicants, coaching on how to complete the application form, and, acknowledging the difference between men and women’s physiologies, providing training programmes equipping women to pass the fitness test under the same conditions as men. The Committee notes further that according to the Government, there is no specific statutory duty on public authorities in Wales to prepare gender equality schemes, though they are subject to the general equality duty. The Committee also notes the information provided on the range of measures undertaken by the Women and Work Commission, including projects to increase the availability of quality, part-time work, the Women’s Enterprise Task Force to accelerate women’s enterprise development, the continuation of the Women and Work Sector Pathways initiative which supports innovative projects to help women progress in their careers, including in areas where they have been under-represented, and measures taken to ensure that career advice is free from gender stereotyping. The Committee asks the Government to provide information on the impact of the new single equality duty on promoting equality of opportunity and treatment between men and women in the public sector, including in Wales and Scotland, as well as on the adoption of gender equality schemes. Please also continue to provide information on the measures taken to improve equality of opportunity and treatment between men and women in the public and private sectors and the impact of such measures, including any follow-up to the measures taken by the Women and Work Commission.

Measures to support workers with family responsibilities. The Committee notes the information provided regarding the amendments to the Childcare Act 2006 and updates on the implementation of the Work and Families Act 2006, including extending the right to request flexible working hours to parents of children under 16, and providing additional paternity leave to working fathers. The Government indicates its continued commitment to extending the right to request flexible working hours to all and to promoting a system of shared parental leave. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment for workers with family responsibilities, including with respect to the amendments to the Childcare Act 2006 on the availability of early childcare services and the implementation of the Work and Families Act, including the number of men and women requesting, and those undertaking, flexible working arrangements. Please also provide information on measures taken to extend the right to request flexible working and to promote a system of shared parental leave.

Equality of opportunity and treatment of ethnic minorities. The Committee notes the Government’s acknowledgement that the employment rate of Pakistanis and Bangladeshis remains lowest among ethnic minority groups at 47 per cent and 45 per cent respectively, with rates for women in these groups being even lower (27 per cent and 29 per cent, respectively). The Government also indicates that the proportion of civil service employees from minority ethnic backgrounds in 2009 was 8.9 per cent, compared with 8.5 per cent in 2008. The Government also states that the Department of Work and Pensions (DWP) aims to raise the ethnic minority employment rate and to narrow the gap between the ethnic minority rate and the overall rate. The Committee notes the range of research projects sponsored by the DWP including on racial discrimination in recruitment practices, evaluation of race equality procurement pilot programmes, and advising on the development of a race equality employment index. The Committee also notes the work of the Ethnic Minority Advisory Group and Ethnic Minority Employment Task Force to which the Government refers, as well as the measures taken by the Scottish Government. The Committee asks the Government to continue to provide information on the measures undertaken to promote equality of opportunity and treatment of ethnic minority groups, and requests the Government to indicate the concrete impact of these measures in reducing the ethnic minority employment gap, including for Pakistani and Bangladeshi women and men, in the public and private sectors. Please also provide information on the follow-up to the Glasgow Works partnership, which was due to end in 2010, as well as to the research sponsored by the DWP. The Committee requests the Government to clarify whether impact assessments on race inequality have been and will continue to be prepared by public bodies, and the effect of such assessments.

Article 3. Cooperation of employers’ and workers’ organizations. The Committee notes that according to the Government a programme of exemplar initiatives by employers has been launched, including projects to encourage women to find out about and enter jobs traditionally held by men, supporting mothers returning to work, and creating better quality opportunities to work part-time. The Government states that 113 exemplar employers from the public and private sectors are taking part. The Government also provides information on the Scottish Union Learning Fund, promoting activity by trade unions to support lifelong learning. The Committee asks the Government to provide information on the impact of the programme of exemplar initiatives by employers, and the Scottish Union Learning Fund on equality and non-discrimination in employment and occupation. Please also provide further information on any other measures taken in cooperation with employers’ and workers’ organizations to promote equality of opportunity and treatment in employment and occupation.

Article 4. National security. The Committee notes that the Equality Act has a blanket exception related to national security, providing that “a person does not contravene this Act only by doing, for the purpose of safeguarding national security, anything it is proportionate to do for that purpose” (section 192). The Act also provides for modified rules of procedure in the interest of national security (section 117). The Committee asks the Government to provide information on the practical application of the national security exception to the Equality Act, including the number and nature of cases in which such an exception has been raised, and the impact of the exception on employment and occupation.

Article 5. Protective measures regarding women. The Committee notes that pursuant to schedule 22 of the Equality Act, protective measures with respect to women in the context of Part 5 of the Act (work) are permitted. The Committee requests the Government to provide information on the specific restrictions on women’s employment currently in force or envisaged, and the rationale for such restrictions.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes the Government’s indication that pursuant to the Equality Act, employment tribunals are able to make recommendations in discrimination cases to benefit the wider workforce and prevent similar discrimination from occurring in the future (section 124). The Committee welcomes the summaries of relevant cases relating to the Convention attached to the Government’s report, as well as the information on the number and nature of discrimination cases dealt with by the employment tribunals. The Committee requests the Government to continue providing information on the judicial and administrative decisions involving questions relating to the application of the Convention, and to provide specific information on any broader recommendations of the employment tribunals regarding discrimination in employment and occupation, and the impact of such recommendations on the wider workforce. Noting the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination regarding proposed budget cuts to the Equality and Human Rights Commission (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 15), the Committee hopes that the Commission will be given the necessary means and resources, both human and financial, to fulfil its expanded mandate, and asks the Government to provide specific information in this regard.

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

Legislative developments. The Committee notes that the majority of the provisions of the Equality Act 2010, which the Government indicates brings together nine major pieces of discrimination legislation and approximately 100 statutory instruments, 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. Legislation that has been repealed as a consequence of the adoption of the Equality Act includes the Sex Discrimination Act 1975, the Race Relations Act 1976, the Sex Discrimination Act 1986, and the Disability Discrimination Act 1995.

The Committee notes with interest that the new Act addresses discrimination on the basis of an expanded range of grounds (protected characteristics set out in section 4), namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation, a number of which are additional grounds as foreseen in Article 1(1)(b) of the Convention. Discrimination on these grounds is prohibited in access to employment, promotion, transfer, training, terms and benefits, facilities or services, dismissal or any other detriment, as well as occupational pensions; also with respect to contract workers; and in the context of employment services, which include vocational training and guidance (sections 39–41, 55–56 and 61). The Committee also notes that positive action is provided for in relation to recruitment and promotion (sections 158–159). The Act also provides that workers’ and employers’ organizations must not discriminate with respect to membership, benefits, facilities and services (section 57). The Committee notes further that the existing race, disability and gender equality duties have been brought together under the Equality Act, and there is now a single equality duty for public bodies, covering all the protected characteristics listed above, with the exception of marriage and civil partnership (section 149(7)). Pursuant to section 149, a public authority must have due regard to the need to eliminate discrimination, harassment and victimization; advance equality of opportunity; and foster good relations between those who share a protected characteristic and those who do not. It also allows for affirmative action. Pursuant to section 153, a Minister of the Crown, the Welsh Ministers and the Scottish Ministers may by regulation impose duties on a public authority, and section 155 provides for the possibility of imposing duties on a public authority that is a contracting authority in connection with its public procurement functions through regulations. The Committee also notes that the public sector equality duty “does not confer a cause of action at private law” (section 156). The Committee asks the Government to provide information on the implementation of the Equality Act 2010 as it relates to employment and occupation, including practical measures taken, the number and nature of cases brought and the results achieved. Please also provide information on the adoption of relevant regulations under the Act, including with respect to Wales and Scotland. The Committee also requests information on the application and impact of the public sector equality duty, including its application in the context of public procurement, as well as specific information on how the equality duty is monitored and enforced. The Committee also asks the Government to provide specific information on the role of the Government Equality Office, the Equality and Human Rights Commission and the Women and Work Commission in the implementation of the Act. Noting the Government’s indication that it is considering how to implement the new equality duty in a way that is best for business, public bodies and the public, the Committee asks the Government to provide specific information on steps taken in this regard.

Review of Equality Act and austerity measures. The Committee notes from the report of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that in the context of the austerity measures adopted in response to the current economic downturn, the measures envisaged under the Equality Act are under scrutiny, and CERD expresses concern that some of the State’s achievements in the fight against inequality and discrimination are under threat of being diluted or reversed (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 13). The Committee urges the Government to monitor carefully the impact of the austerity measures on the employment situation of groups particularly vulnerable to the impact of the economic crisis, so as to address effectively any direct and indirect discrimination that may occur in employment and occupation on the grounds set out in the Convention. The Committee further hopes that the Government will make every effort to ensure that the measures envisaged under the Equality Act and progress achieved through previous action taken to address discrimination and promote equality of opportunity and treatment will not be adversely affected by the austerity measures, and asks the Government to provide information in this regard.

Northern Ireland. The Committee notes that the Equality Act is not applicable in Northern Ireland. The Committee also notes from a report of the Equality Commission for Northern Ireland of January 2011, that it considers that as a result of the enactment of the Equality Act, vulnerable and marginalized individuals in Northern Ireland have less protection against unlawful discrimination, harassment and victimization than those in Great Britain, and there is a need to streamline and modernise Northern Ireland equality law. The Commission provides a number of proposals for legislative reform in this context. The Committee also notes that while the Government provides information on the composition of the workforce by religion, no information is provided with respect to the Committee’s previous comments. The Committee has for a number of years raised concerns regarding the Fair Employment and Treatment (NI) Order, 1998, which excludes teachers from the protection against discrimination on the ground of religious belief, thus constituting a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee again urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Government to provide information on any progress made in this regard, as well as information on the following:

(i) the follow-up given to the proposals for legislative reform of the Equality Commission for Northern Ireland, including improving protection against discrimination based on colour or nationality; and

(ii) the implementation of the Race Equality Strategy for Northern Ireland.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

The Committee notes the recent adoption of the Equality Act 2010 which refers to the following protected characteristics: age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex or sexual orientation. The Committee will examine this Act in depth next year together with the Government’s report which 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:

…

Equality of opportunity and treatment for men and women in employment. The Committee notes the information in the Government’s report regarding the implementation of the Government Action Plan to follow up on the Women and Work Commission’s (WWC) recommendation. It notes in particular the Women and Work Sector Pathways initiative, the Quality Part-time Work initiative, and the work by Opportunity Now. The Committee notes from the WWC’s report entitled “Shaping a Fairer Future. A review of the recommendations of the Women and Work Commission three years on” (2009) that progress has been made in the area of skills development but that more action is needed to promote quality part-time and flexible work for women. As tackling gender inequality in the education system is an important means to address occupational segregation, the WWC further recommends the adoption of a national strategy in this regard, with particular focus on children of 14 years and under. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in employment, and asks the Government to provide information on any follow-up given to the 2009 recommendations of the WWC, and their impact on reducing occupational gender segregation.

Sexual harassment. The Committee notes the efforts made to implement the action plan to address sexual harassment in the armed forces. It also notes that the Equality and Human Rights Commission (EHRC) and the Ministry of Defence agreed to work in the course of 2009 towards a new partnerships agreement covering all the equality strands for which the EHRC is responsible. The Committee asks the Government to provide information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces. Please also supply information on the implementation of the new Partnerships Agreement between the Ministry of Defence and the EHRC with respect to the equality strands.

Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by people of Muslim faith to employment, including discrimination, lack of suitable training and educational underachievement. The Committee notes that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not directly address the issue of display of religious symbols in employment, but that this is referenced in judicial decisions. The Committee further notes the decisions handed down by the employment tribunals concerning discrimination based on religion in employment and the activities carried out by the Government to provide guidance and awareness concerning the new legislation. The Committee welcomes this information and asks the Government to continue to supply copies of relevant cases concerning religious discrimination dealt with by the employment tribunals, as well as information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by people of the Muslim faith.

…

Ethnic minorities. The Committee notes the Labour Force Survey statistics showing that since 2006 the overall ethnic minority employment gap has narrowed, and that the employment rate of all ethnic minority groups was above 60 per cent in the first quarter of 2008. However, the employment rates of Pakistani and Bangladeshi adults continue to be considerably lower (46 per cent and 43 per cent respectively), with the rate for women in these groups being the lowest (26 per cent); Pakistanis and Bangladeshis also remain underrepresented in managerial and professional occupations. The Committee welcomes the continued research on barriers facing ethnic minority men and women in the labour market, and the programmes by the Ethnic Minority Employment Task Force to test the impact of equality conditions in contracts. The Committee further notes the detailed information in the Government’s report regarding the various initiatives supported or undertaken by the Government, such as Job Centre Plus, the National Skills Academies, skills for jobs and the local employment partnerships, to improve access to vocational training and guidance, and which focus on the most disadvantaged groups in the labour market. It also notes the information on the educational and skills development initiatives by the Governments of Wales and Scotland. The Committee requests the Government to indicate how these programmes have specifically helped to improve equality of opportunity and treatment of ethnic minorities, and in particular Pakistani and Bangladeshi men and women, and to reduce the ethnic minority employment gap.

Employment in the public sector. The Committee notes the civil service statistics for 2007, and the Government’s indication that the 2008 evaluation of the Public Service Agreement SR4 delivery plan showed relatively slow progress with respect to improving representation levels in the senior posts of the civil service. In 2007, 30.7 per cent of senior civil service posts were held by women (where the sub-target was 37 per cent). The Committee further notes that the percentage of Black and other ethnic minority civil servants has risen from 5.7 per cent in 1997 to 8.3 per cent in 2007, but remains low. Staff members from ethnic minorities continue to be more highly represented in junior rather than in senior grades. The Committee notes that the Government’s report does not provide any information on the effect of impact assessments on race-based inequality prepared by public bodies, as required under the legislation. The Committee asks the Government to step up its efforts to increase the percentage of women, Black and other ethnic minority people in the civil service, particularly in senior posts, and to continue to provide information, including statistics, on the results achieved in this regard. Please also provide information on the effect of the impact assessment on race-based inequality prepared by public bodies.

Northern Ireland. The Committee recalls that the Fair Employment and Treatment (NI) Order, 1998, excludes teachers from the protection against discrimination on the ground of religious belief. The Committee notes the Government’s indication that the Department of Education will respond to final proposals for this exemption under the Equality Bill and await the establishment of the Education and Skills Authority before undertaking any consultation on the future of the exemption. The Committee recalls that upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Committee to provide information on any progress made in this regard. Please also provide information on the following:

(i)    any steps taken to explore legislative options to include the ground of colour among the prohibited grounds of discrimination;

(ii)   the implementation of the Race Equality Strategy for Northern Ireland; and

(iii)  the status of the Equality Bill for Northern Ireland.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative developments. The Committee notes with interest the adoption of the Child Care Act 2006 and the Work and Family Act 2006, which entered into force in 2007, as well as secondary legislation. It also notes the other measures taken by the Government to assist workers with family responsibilities. The Committee notes the consultation process regarding the proposed Equality Bill, which was introduced in the House of Commons on 24 April 2009, and published on 27 April 2009 for further consultation. It also notes the “Framework for a Fairer Future – the Equality Bill” published by the Government Equalities Office (GEO) in 2008 outlining the steps for further streamlining and strengthening the law. The Committee asks the Government to continue to report on the progress made towards the adoption of the Equality Bill. Having noted the Government’s commitment to promote equality of opportunity and treatment for workers with family responsibilities, the Committee encourages the Government to consider ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Equality of opportunity and treatment for men and women in employment. The Committee notes the information in the Government’s report regarding the implementation of the Government Action Plan to follow up on the Women and Work Commission’s (WWC) recommendation. It notes in particular the Women and Work Sector Pathways initiative, the Quality Part-time Work initiative, and the work by Opportunity Now. The Committee notes from the WWC’s report entitled “Shaping a Fairer Future. A review of the recommendations of the Women and Work Commission three years on” (2009) that progress has been made in the area of skills development but that more action is needed to promote quality part-time and flexible work for women. As tackling gender inequality in the education system is an important means to address occupational segregation, the WWC further recommends the adoption of a national strategy in this regard, with particular focus on children of 14 years and under. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in employment, and asks the Government to provide information on any follow-up given to the 2009 recommendations of the WWC, and their impact on reducing occupational gender segregation.

Sexual harassment. The Committee notes the efforts made to implement the action plan to address sexual harassment in the armed forces. It also notes that the Equality and Human Rights Commission (EHRC) and the Ministry of Defence agreed to work in the course of 2009 towards a new partnerships agreement covering all the equality strands for which the EHRC is responsible. The Committee asks the Government to provide information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces. Please also supply information on the implementation of the new Partnerships Agreement between the Ministry of Defence and the EHRC with respect to the equality strands.

Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by people of Muslim faith to employment, including discrimination, lack of suitable training and educational underachievement. The Committee notes that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not directly address the issue of display of religious symbols in employment, but that this is referenced in judicial decisions. The Committee further notes the decisions handed down by the employment tribunals concerning discrimination based on religion in employment and the activities carried out by the Government to provide guidance and awareness concerning the new legislation. The Committee welcomes this information and asks the Government to continue to supply copies of relevant cases concerning religious discrimination dealt with by the employment tribunals, as well as information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by people of the Muslim faith.

Political opinion and social origin. The Committee notes the Government’s statement that in Britain there are no legal remedies available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin in employment and vocational training. It notes the Government’s position that the forthcoming Equality Bill should cover discrimination on the basis of nine grounds, but these would not include political opinion and social origin. The Committee recalls that where legislative provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention. The Committee urges the Government to take steps to ensure that the grounds of political opinion and social origin are included in the new Equality Bill, and to indicate how non-discrimination based on these grounds is ensured in practice with respect to access to employment and vocational training.

Ethnic minorities. The Committee notes the Labour Force Survey statistics showing that since 2006 the overall ethnic minority employment gap has narrowed, and that the employment rate of all ethnic minority groups was above 60 per cent in the first quarter of 2008. However, the employment rates of Pakistani and Bangladeshi adults continue to be considerably lower (46 per cent and 43 per cent respectively), with the rate for women in these groups being the lowest (26 per cent); Pakistanis and Bangladeshis also remain underrepresented in managerial and professional occupations. The Committee welcomes the continued research on barriers facing ethnic minority men and women in the labour market, and the programmes by the Ethnic Minority Employment Task Force to test the impact of equality conditions in contracts. The Committee further notes the detailed information in the Government’s report regarding the various initiatives supported or undertaken by the Government, such as Job Centre Plus, the National Skills Academies, skills for jobs and the local employment partnerships, to improve access to vocational training and guidance, and which focus on the most disadvantaged groups in the labour market. It also notes the information on the educational and skills development initiatives by the Governments of Wales and Scotland. The Committee requests the Government to indicate how these programmes have specifically helped to improve equality of opportunity and treatment of ethnic minorities, and in particular Pakistani and Bangladeshi men and women, and to reduce the ethnic minority employment gap.

Employment in the public sector. The Committee notes the civil service statistics for 2007, and the Government’s indication that the 2008 evaluation of the Public Service Agreement SR4 delivery plan showed relatively slow progress with respect to improving representation levels in the senior posts of the civil service. In 2007, 30.7 per cent of senior civil service posts were held by women (where the sub-target was 37 per cent). The Committee further notes that the percentage of Black and other ethnic minority civil servants has risen from 5.7 per cent in 1997 to 8.3 per cent in 2007, but remains low. Staff members from ethnic minorities continue to be more highly represented in junior rather than in senior grades. The Committee notes that the Government’s report does not provide any information on the effect of impact assessments on race-based inequality prepared by public bodies, as required under the legislation. The Committee asks the Government to step up its efforts to increase the percentage of women, Black and other ethnic minority people in the civil service, particularly in senior posts, and to continue to provide information, including statistics, on the results achieved in this regard. Please also provide information on the effect of the impact assessment on race-based inequality prepared by public bodies.

Northern Ireland. The Committee recalls that the Fair Employment and Treatment (NI) Order, 1998, excludes teachers from the protection against discrimination on the ground of religious belief. The Committee notes the Government’s indication that the Department of Education will respond to final proposals for this exemption under the Equality Bill and await the establishment of the Education and Skills Authority before undertaking any consultation on the future of the exemption. The Committee recalls that upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Committee to provide information on any progress made in this regard. Please also provide information on the following:

(i)    any steps taken to explore legislative options to include the ground of colour among the prohibited grounds of discrimination;

(ii)   the implementation of the Race Equality Strategy for Northern Ireland; and

(iii) the status of the Equality Bill for Northern Ireland.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Measures to tackle the overall gender pay gap. The Committee notes with interest the adoption, in 2006, of the Government Action Plan for narrowing the gender pay gap. It also notes the adoption of the Work and Families Act 2006, which came into effect in April 2007. The Committee notes that the Action Plan was reviewed in 2008 and that according to the report entitled “Shaping a fairer future. A review of the recommendations of the Women and Work Commission three years on” (2009), reasonable progress has been made in the public sector and in supporting women to access skills and training. However, according to the report further action is needed to eradicate gender stereotypes in the education system and to support families to balance work and family life. With a view to making further progress in narrowing the gender pay gap, the Women and Work Commission (WWC) made detailed recommendations for government action in these areas, many to be achieved by March 2010. 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 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, the publication of a gender equality checklist and the proposed provisions in the Equality Bill providing greater transparency in respect of employers’ information on pay, enabling positive action and allowing for Employment Tribunals to make recommendations affecting the wider workforce. The Equality Bill as presently drafted also contains a reserve power to make regulations requiring mandatory reporting by non-public sector employers with 250 or more employees about their gender pay gap, if no progress on gender pay transparency is made by the end of a four-year period. 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 notes the provisions on equal pay in the Equality Bill, which it hopes, will be adopted soon. In the meantime, 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.

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

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.

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

The Committee notes the Government’s detailed report on the application of the Convention in England, Scotland, Wales and Northern Ireland.

1. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes with interest the report and recommendations prepared by the Women and Work Commission (WWC) and refers the Government in this regard to the Committee’s comments under the Equal Remuneration Convention, 1951 (No. 100). It notes in addition the completion of the Equal Opportunities Commission’s (EOC) investigation into occupational segregation in which the EOC found that there was a failure to provide real opportunity and choice for girls and boys to enter work via vocational training and that the current education system was, in particular, failing girls from lower socio-economic groups. The investigation further found a link between the under‑representation of women in certain sectors and skills shortages in occupations such as construction, engineering, plumbing, ICT and childcare, which remain among the most heavily segregated sectors in the UK. Noting that the Government has already outlined a plan to tackle occupational segregation, the Committee asks, in light of the EOC’s and the WWC’s recommendations, for further information on the action taken and results achieved under this plan to encourage men and women into sectors where they are under-represented.

2. Sexual harassment. The Committee welcomes the information in the Government’s report on the efforts undertaken to raise awareness and provide guidance for workers and employers on the issue of sexual harassment in employment and occupation. It notes in this regard that the EOC began a formal investigation into sexual harassment in the armed services after deciding that there were sufficient grounds to believe that the harassment of servicewomen was frequent and that the measures in place to prevent and deal with it were inadequate. The Committee notes that the investigation was suspended after an agreement was reached with the Ministry of Defence on a three-phase action plan to deal with sexual harassment in the armed services. Noting that the plan is currently in its second phase and that the entire project is scheduled for completion in early 2008, the Committee asks the Government to keep it informed on the progress of this work and its impact in preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed services.

3. Discrimination on the basis of religion. The Committee notes the action taken by the Government to improve protection against religious discrimination in the provision of goods, facilities and services and to support the practical application of the Employment Equality (Religion or Belief) Regulations. It notes, however, from the Muslims in London report that based on 2001 census figures, Muslims have the lowest rates of employment and economic activity of all faith groups in London and that they face several barriers to employment including discrimination, lack of suitable training and educational underachievement. The Committee further understands that a case was recently decided in which a Muslim schoolteacher was suspended from her job at Headfield Church of England Junior School after refusing to remove her veil in the presence of male colleagues. Given that the Committee does not have the tribunal’s decision, the Government is requested to provide a copy along with its next report for the Committee’s consideration. Noting also that 172 cases of religious discrimination were dealt with by employment tribunals in 2004-05, the Committee asks for information on other cases relating to the display of religious symbols in employment or occupation and how the Employment Equality (Religion or Belief) Regulations address such situations. Please also provide information on awareness raising and other measures adopted to deal with negative attitudes towards religious minorities in the workplace and to promote and ensure equal opportunity and treatment for workers of different faiths.

4. Discrimination on the basis of political opinion and social origin. The Committee recalls its previous comment that there is no specific legislation in Great Britain providing protection from discrimination in employment and occupation on the basis of political opinion or social origin. The Government reports that while employees who believe they have been unfairly dismissed may complain to an employment tribunal, there is no specific jurisdiction for dismissal on grounds of social origin or political belief and that there are therefore no examples of successful claims on these grounds. The Committee recalls the Government’s indication that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal. The Committee nonetheless asks the Government to indicate what legal remedies are available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin, not simply in cases of unfair dismissal but also with regard to access to employment and vocational training.

5. Ethnic minorities. The Committee welcomes the many studies undertaken on the situation of ethnic minorities in the labour market. It notes in particular the 2006 report entitled “Ethnic penalties in the labour market: Employers and discrimination”, which found that a number of ethnic minority groups, notably Pakistani, Bangladeshi, Black Caribbean and Black African men, continue to experience higher unemployment rates, greater concentrations in routine and semi-routine work and lower hourly earnings. The report also found that despite an improvement over time in the occupational levels of ethnic minorities, the employment situation of Pakistanis and Bangladeshis was a special cause for concern. The Committee notes that the Ethnic Minority Employment Task Force (EMETF) is responsible for taking forward the recommendations of the Prime Minister’s report on ethnic minorities in the labour market. In this capacity, the Task Force is leading an initiative for the use of public procurement contracts as a means to promote employment for ethnic minorities in the public sector. The Committee also understands that the Commission for Racial Equality’s (CRE) new statutory code of practice took legal effect in April 2006 and applies to all employers in England, Scotland and Wales, as well as workers, former workers and applicants for employment, promotion and training. The Government is requested to continue to supply detailed information on the labour market position of ethnic minorities along with information on the impact of the measures adopted to increase opportunities for these individuals in employment and occupation both in the public and private sectors. Please also provide specific information on what special efforts the Government is making to improve the opportunities for the Pakistani and Bangladeshi communities which have been identified as particularly disadvantaged on the job market. The Government is further asked to supply information on the practical effects of the CRE’s new code of practice in ensuring equal opportunity and treatment for ethnic minorities in employment and occupation.

6. Employment in the civil service – Great Britain. The Committee notes the figures on diversity in the civil service for 2004 showing that while female staff continued to be concentrated in positions of lower responsibility such as administrative work, there have been positive gains in the percentage of women in more senior posts. In this respect, the Committee notes the targets set under the Public Service Agreement SR04 delivery plan (PSA) to bring about measurable improvements in gender equality by 2008. With regard to ethnic minorities in the civil service, the Government reports that these individuals continue to be more highly represented in lower grade posts although modest improvement has been made towards achieving greater ethnic diversity among senior civil servants. The Committee asks the Government to provide information, including updated statistics, on progress made towards meeting its PSA targets for gender equality in the public service, particularly in light of the gender equality duty under the Equality Act 2006 and the recommendations of the WWC. Please also indicate the results of the Government’s efforts to promote greater ethnic diversity in the civil service, including the number and effect of Race Equality Impact Assessments prepared by public bodies as required under the Race Relations Act.

7. Northern Ireland. Recalling that the Race Relations (Northern Ireland) Order 1997 (RRO) does not cover the ground of colour, the Committee notes the Government’s indication in its Racial Equality Strategy for Northern Ireland (2005-2010) that it will explore legislative options to rectify this anomaly. Furthermore, with regard to the exemption of teachers from the protection of discrimination on the ground of religious belief under the Fair Employment and Treatment (NI) Order, 1998, the Government reports that the Equality Commission undertook a review and found widespread acceptance of the exemption simply as a consequence of the education system in Northern Ireland. The Equality Commission did, however, recommend a further restriction of this exemption to apply only to teachers in mainstream primary schools. The Government indicates that the Department of Education is considering the investigation findings and the Equality Commission’s recommendations. The Committee again reminds the Government that in spite of traditional views with respect to the local education system, upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. It, therefore, hopes that the Government will consider removing any exception with regard to discrimination against schoolteachers on the ground of religious belief and to keep the Committee informed of the Department of Education’s deliberations on this matter. The Committee also asks the Government to provide more information on the implementation and impact of the Racial Equality Strategy for Northern Ireland, specifically with regard to equal opportunity and treatment in employment and occupation. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland.

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

The Committee notes the Government’s report, along with its statement before the Conference Committee on the Application of Standards in June 2006, the ensuing discussion and the conclusions of the Conference Committee. It also notes the communication dated 31 August 2006 submitted by the Trades Union Congress (TUC) on the application of the Convention.

1. The Committee notes with interest the report prepared by the Women and Work Commission (WWC) entitled “Shaping a Fairer Future” which considers a diversity of factors that have contributed to the persistent pay gap between men and women along with a range of solutions towards narrowing this gap. The Committee notes that the solutions identified in the report address four key areas including: (1) informed choices for girls at school; (2) combining work and family life; (3) lifelong training and learning; and (4) improving workplace practice. It notes, in particular, the discussion relating to the barriers that women face in lodging equal pay claims. On this matter, the Commission recommended that consideration be given to extending the concept of the hypothetical comparator to equal pay claims – a mechanism already in place under the Sex Discrimination Act – allowing women to draw on other evidence showing what a man might be paid in order to bring a claim. The WWC also recommends that the introduction of generic or representative equal pay claims be considered as a way to enable women to bring joint claims. The Committee welcomes the Government’s indication that it is determined to address all the causes of the pay gap highlighted in the WWC’s report, and requests information on its plan of action for implementing the WWC’s recommendations and what impact the measures taken have had on addressing the root causes of pay inequality between men and women. The Committee also asks for a copy of the Commission’s follow-up report, once available, assessing the implementation of its recommendations. Please also provide information on the results of the Discrimination Law Review with respect to the Equal Pay Act 1970 and whether the Government intends to introduce additional procedural options for equal pay claimants such as those noted above.

2. Measures to address the wage gap between men and women in the private sector. With regard to the wage gap between men and women, the Government reports that, in 2005, it stood at 22.6 per cent in the private sector compared with 13.3 per cent in the public sector. The Committee notes that the Government and the Equal Opportunities Commission (EOC) continue to encourage private sector employers to carry out equal pay reviews (EPRs) on a voluntary basis. It notes from research conducted by the EOC in 2005, however, that only a third of large organizations in both the private and public sectors have completed an EPR, falling short of the EOC’s target of 50 per cent by the year 2003. The research also showed that, if the current rate continues, the Government will not meet its own EPR target for large public sector firms by 2008 (45 per cent). In light of this slow progress, the Committee recalls the conclusions of the Conference Committee on the Application of Standards in 2006 encouraging the Government to take more proactive measures to address the remaining gender pay differentials, particularly in the private sector. It also notes the TUC’s submission arguing for the introduction of mandatory pay reviews in the private sector in order to require employers to demonstrate that they respect the principle of equal remuneration and that their pay systems are not discriminatory. Given that the Government’s efforts to encourage employers to carry out voluntary equal pay reviews have not met expectations, and considering the Government’s indication that it is not convinced of the need for a gender equality duty in the private sector, the Committee asks the Government to provide information on what additional measures it is taking or considering to ensure the application of the principle of equal remuneration in the private sector, particularly in light of the recommendations of the WWC. The Government is also asked to keep the Committee informed of the progress made towards encouraging more private sector employers to conduct equal pay reviews, along with details on the contribution of the EOC and Equal Pay Panel of Experts in this regard. Please also indicate what further measures have been taken to engage with the social partners on this matter as encouraged by the Conference Committee in its conclusions.

3. Part-time and flexible work. The Committee notes that, in 2005, the average hourly pay for women working part time was 61.4 per cent of the average hourly pay of men working full time – a situation which the WWC considers unacceptable. According to the WWC, women returning to the labour market after time spent looking after children often encounter difficulty finding work that matches their skills. Those looking for part-time work crowd into a narrow range of lower-paying occupations due to a lack of quality part-time jobs. Often they have to change employer and occupation – and accept lower pay – to get part-time work. Furthermore, research by the EOC on flexible work showed that working part time has a detrimental and long-term impact on women’s earnings. The Government indicates that there has been a greater use of flexible work arrangements, which has significantly benefited women as well as men. It reports that the introduction of a right to request flexible work has seen 30 per cent more mothers and three times as many fathers working on a flexitime basis as compared to 2002. This in turn has enabled mothers in particular to stay with the same employer after returning to the labour market rather than having to look for lower-paid part-time work elsewhere. While acknowledging these positive developments, the Committee notes the WWC’s numerous recommendations touching on part-time and flexible work arrangements, including its recommendation that the Government establish a UK-wide quality part-time work change initiative to support new measures aimed at achieving a culture change, so that more senior jobs – particularly in the skilled occupations and the professions – are more open to part-time and flexible work. The Committee also notes in this regard the conclusion of the Conference Committee on the Application of Standards that special attention should be given to the temporary and part-time work sector, having regard to both the gender pay gap and the concentration of women in that sector. The Government is asked, in light of the WWC’s recommendations, to indicate what measures it is adopting or considering to further address the significant pay disadvantages facing part-time women workers.

The Committee is raising other points in a request addressed directly to the Government.

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

Legislation. The Committee notes with interest the numerous legislative developments in the field of discrimination, in particular the adoption of the Equality Act 2006, establishing a new Commission for Equality and Human Rights (CEHR), and creating a duty for public authorities to promote equality of opportunity between men and women and prohibit sex discrimination. It also notes the adoption of the Employment Equality (Age) Regulations 2006, prohibiting discrimination on the basis of age in employment, self-employment, occupation and vocational training. The Committee further notes the adoption of the Disability Discrimination Act 2005, which extends the coverage of the 1995 Act to 250,000 people living with cancer, HIV infection and multiple sclerosis. The Government reports that, in addition to these developments, a discrimination law review (DLR) is under way, involving employers’ and workers’ representatives to address concerns that there are inconsistencies in the current anti-discrimination legislative framework. The Government anticipates that this review will lead to the drafting of a single equality bill. Noting that the CEHR will become operational in 2007, and that the final report of the DLR is due in the same year, the Committee asks the Government to keep it informed regarding the impact of these and other legal developments in promoting equal opportunity and treatment in employment and occupation. Please also provide information on the progress made towards the drafting of a single equality bill. Furthermore, noting that the age discrimination regulations came into force on 1 October 2006, the Committee asks the Government to provide information in its next report on this law’s practical application including the number and outcome of age discrimination complaints brought under these new regulations.

The Committee is raising other matters in a request addressed directly to the Government.

 

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

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.

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

1. Article 1 of the Convention. Application of the Convention in respect to all workers (Northern Ireland). Private households. Recalling the Committee’s previous comments concerning exceptions to the application of discrimination protection, the Committee notes the Fair Employment and Treatment Order (Amendment) Regulations (NI), 2003, removing the exception in section 70(1)(b) which allowed employers to discriminate against workers in private household employment. It also notes the Race Relations Order (Amendment) Regulations (NI) (RRO), which now prohibits discrimination in private household employment on the grounds of race, ethnicity or national origin (section 6(3)). The Committee notes, however, that despite the RRO amendment, discrimination on the ground of colour continues to be explicitly exempted from the provisions of the Order. The Committee asks the Government to provide information on whether the RRO provision will be amended to ensure that workers in private households are protected from discrimination on the basis of colour. Noting also that the Government’s report does not address the exclusions of private household workers under section 4(3) of the Race Relations Act, 1976 (RRA), the Committee again asks how such workers are protected from discrimination on the grounds of the Convention and whether the Government intends to amend the RRA.

2. Schoolteachers. The Committee notes the Government’s indication that the exception for teachers under the Fair Employment and Treatment (NI) Order, 1998, was amended to apply more restrictively to the recruitment of teachers. The Committee notes the investigation into this exception by the Equality Commission and its subsequent report (2005) in which the Commission recommends that the exception be removed. The Committee emphasizes that upholding a provision allowing discrimination on the basis of religious belief is a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee, therefore, asks the Government to indicate what measures, including legislative amendment, are in place or planned to ensure the protection of Northern Ireland schoolteachers regardless of religious belief.

3. Discrimination on the basis of sex. Sexual harassment. The Committee thanks the Government for the information provided in response to its general observation (2002) on sexual harassment. It notes with interest that, on 1 October 2005, a definition of sexual harassment was introduced into the Sex Discrimination Act, 1975, in line with the EU Directive 2002/73/EC, covering both quid pro quo and hostile environment harassment. The Committee notes the variety of investigative and awareness-raising measures taken by the Equal Opportunities Commission and it invites the Government to continue to provide relevant case law on this matter along with other measures taken to prevent sexual harassment in the workplace in both the private and public sector. Noting that these new regulations do not extend to Northern Ireland, the Committee also asks what initiatives are being undertaken there to counter the practice of sexual harassment in employment and occupation.

4. Discrimination on the basis of political opinion and social origin. The Committee notes the Government’s statement that there is no specific legislation in Great Britain providing protection from discrimination in employment and occupation on the basis of political opinion or social origin. The Committee notes the Government’s explanation that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal which may decide whether an employee was unfairly dismissed for reasons of political opinion or social origin. Given the Government’s statement that no further legislation is anticipated on the matter, the Committee asks for specific examples from tribunal decisions demonstrating that discrimination is prohibited on the grounds of either political opinion or social origin. Noting also that Northern Ireland legislation does not forbid unequal treatment on the basis of social origin, but that a harmonized Equality Bill is in preparation, the Committee asks the Government to keep it informed on the progress of the draft law and whether it will include social origin as a prohibited ground.

5. Discrimination on the basis of religion. The Committee notes with interest the adoption of the Employment Equality (Religion or Belief) Regulations, 2003, which prohibit direct and indirect discrimination on the grounds of religion or belief in employment and vocational training. The Committee asks the Government to provide information on the application of these new regulations including the number and outcome of relevant cases and an assessment of the regulations’ impact on ensuring equality of opportunity and treatment in employment and occupation.

6. Article 2. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes the extensive information contained in the Government’s report on the variety of efforts to promote equal opportunity for men and women in employment and occupation. With respect to the current situation of women in the labour market, it notes that female workers remain heavily concentrated in a few occupations, with over 60 per cent of women working in just ten occupations, and that women are less than half as likely as men to work in higher managerial jobs. In this regard, the Committee notes that a national strategy is being developed under the coordination of the Women and Equality Unit to ensure a consistent approach to tackling occupational segregation in skills, work and training, and that the Government is also taking related measures to increase the representation of women in the fields of science, engineering and technology, and to assist women entrepreneurs. The Committee requests the Government to continue to provide information on the policies adopted and their impact with respect to promoting equal opportunity for women in employment and occupation. In particular, it asks the Government to supply more detailed information on the national strategy on occupational segregation and the work of the Women and Equality Unit in this regard. Please also highlight the key findings of the Equal Opportunities Commission’s investigation into gender segregation and modern apprenticeships and indicate what follow-up measures are anticipated to implement the recommendations of this investigation.

7. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the report of the Cabinet Office Strategy Unit entitled "Ethnic Minorities and the Labour Market" (March 2003). It notes from this report that, while some groups are doing well in schools and on the labour market (Indians and Chinese), other groups such as Pakistanis, Bangladeshis and black Caribbeans experience, on average, significantly higher unemployment and lower earnings than whites. It also notes that there is evidence showing that all ethnic minority groups are not doing as well as they should be, given their education and other characteristics. The Committee notes that the report calls for the Government to establish a new framework of action including targeted measures on schools, jobs, housing and discrimination, and that the aim should be that in ten years’ time, ethnic minority groups living in Great Britain no longer face disproportionate barriers to accessing and realizing opportunities for achievement in the labour market. Noting the Prime Minister’s statement that the Government has accepted all of the report’s conclusions and that it will work towards their implementation, the Committee asks the Government to provide information on what follow-up measures have been or will be adopted to ensure that ethnic minorities in Great Britain enjoy equal opportunity and treatment in employment and occupation. Noting also the report’s statement that the responsibility for implementing this strategy does not solely rest with the Government, the Committee asks the Government to indicate how it is cooperating with workers’ and employers’ organizations to promote the acceptance and observance of its policies.

8. National machinery to promote equality. The Committee notes the Government’s plan to create a single body to combat discrimination and promote human rights. It notes that the proposed Commission for Equality and Human Rights would assume the responsibilities of the current equality Commissions and undertake work in respect of all the major pieces of discrimination legislation. The Committee asks the Government to provide information on its progress towards creating a single equality commission and to indicate how this new body would strengthen the promotion and achievement of the principle of non-discrimination in employment and occupation.

9. Article 3(d). Equality of opportunity and treatment in the public service - Great Britain. With respect to the Government’s commitment to achieving its diversity agenda targets for 2005 in the civil service, the Committee notes that, in 2003, women occupied 23.9 per cent of the top management posts (25 per cent target) and accounted for 27.5 per cent of senior civil servants (35 per cent target). In this respect, the Committee notes the Government’s numerous initiatives to promote women in the civil service, particularly through the public service agreement "Delivering on Gender Equality", along with the introduction of a duty for public bodies to promote equality of opportunity on the basis of sex. With regard to racial diversity, the Committee notes that the total percentage of racial minorities in the civil service reached 8.1 per cent in 2003. Unfortunately, the Government does not indicate what percentage of these minorities is employed in senior jobs or what further measures are being contemplated to promote equal opportunity and treatment in the public sector for minority employees. The Committee requests the Government to continue providing statistics on the numbers of employees in the civil service disaggregated by sex and race for each occupational category and grade. Please also provide detailed information on the progress and results of the initiative "Delivering on Gender Equality" and the creation of a duty to promote gender equality in the public sector. In addition, please include an assessment of the effectiveness of the duty under the Race Relations Act (Schedule 1A) obliging designated public authorities to promote race equality in employment and occupation.

10. Northern Ireland. The Committee notes the 2003-04 report from the Equality Commission for Northern Ireland (ECNI) on the implementation of equality duties under section 75 of the Northern Ireland Act, 1998. It notes that the ECNI report covers 167 public authorities and that, among these public bodies, 72.5 per cent indicated that they believed their work on implementing the statutory duties had produced positive benefits for individuals from various equality categories covered by section 75. It notes, however, that only half of the respondents (57 per cent) reported increased equality of opportunity for people of different religious belief and that less than half (42 per cent) reported such an increase for people of different political opinion. In this regard, the Committee asks the Government to continue providing information on the implementation of equality schemes by Northern Ireland public authorities and to indicate what measures are in place or planned, including affirmative action, to promote equality of opportunity and treatment in the public, as well as the private sector. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland and the practical significance of this initiative for workers with respect to equal opportunity and treatment in employment and occupation.

11. Article 3(e). Vocational training under the direction of a national authority. The Committee notes the Learning and Skills Council’s (LSC) race equality scheme for 2005-08. It notes that, among the continuing challenges identified in the LSC report, there remain inequalities in the participation, retention and achievement rates between learners of different ethnicity and an under-representation of black and ethnic minority young people in work-based learning and apprenticeships. Noting the Council’s ambitious programme of activities over the next three years, the Committee asks the Government to provide information in its next report on the measured progress made towards achieving the goals identified by the LSC to ensure non-discrimination in vocational training.

12. Article 4. Activities prejudicial to the State (Great Britain and Northern Ireland). The Committee notes the Government’s indication that it is unaware of any national security cases involving the exception under section 52 of the Sex Discrimination Act. The Committee recalls from its previous comment that a number of other equality instruments include similar national security exceptions (Race Relations Act, Sex Discrimination (NI) Order and the Fair Employment and Treatment (NI) Order). The Committee, therefore, asks the Government to provide information on the practical application of the national security provisions under these other statutes and whether any corresponding reviews have been sought in the context of employment and occupation.

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

1. Remuneration gap. The Committee notes from the 2005 annual earnings survey produced by the Office of National Statistics that women’s average hourly pay (excluding overtime) was 17.2 per cent less than men’s. The report also indicates that the pay gap between men and women remained smaller in the public sector than in the private sector (9.8 per cent and 22.5 per cent respectively in 2003). The Committee notes that since the Equal Pay Act became operational in 1975, the pay gap has only moderately declined by 10.7 per cent. It notes, in this regard, the concern expressed by the Equal Opportunities Commission (EOC) regarding the latest pay gap figures, which it considers to be grim. According to information provided by the EOC, the Act has now reached the limits of its usefulness and radical new action is required to protect another generation of women from the injustice of unequal pay.

2. Measures to address the existing remuneration gap. Further to the above, the Committee notes that the Government is of the opinion that new policies on shortening pay ranges, developing transparent pay progression systems and addressing pay issues in recruitment and promotion will have an immediate impact on further reducing the relatively small pay gap in the civil service. With regard to the private sector, the Committee notes that the Government continues to favour voluntary pay reviews and has taken measures aimed at further reducing the pay gap such as the development of an equal pay review kit for employers and an equal pay questionnaire procedure for employees, the creation of a statutory right to request flexible working time and the adoption of new regulations to streamline equal pay tribunal cases. However, the Committee understands from the EOC that two-thirds of employers have no plans to review their pay systems to see if they deliver equal pay. The EOC is of the view that the Government must take more proactive steps to address this persistent problem through the introduction of a duty on employers to promote gender equality and eliminate sex discrimination in the workplace. While welcoming the measures taken by the Government, the Committee nevertheless remains concerned about the slow progress in reducing the pay gap between men and women. It asks the Government to provide information in its next report on the measurable impact of these initiatives for reducing pay inequalities between men and women, particularly in the private sector, and whether, in light of the EOC’s conclusions, it is considering more proactive measures to address the persistent pay gap. Noting also that government departments and agencies expect the civil service policies to take between three and five years to mature fully, the Committee asks the Government to provide up-to-date information on the implementation and impact of these policies along with information on subsequent equal pay reviews undertaken in the public sector.

3. Part-time and flexible work. The Committee notes that the hourly wage gap between part-time female workers and full-time male workers remains significant (38.5 per cent in 2005). In this regard, the Committee notes that the Government commissioned a research project to look at the characteristics of the pay gap with respect to part-time work, comparing the characteristics of part-time work in the United Kingdom with other European Union countries. It also notes that the EOC published an interim report based on its own investigations into flexible and part-time work entitled "Part-time is no crime - so why the penalty?" The Committee notes from this report that over the past 30 years of equal pay legislation, the percentage by which part-time female workers earn less per hour than full-time working men has not meaningfully changed (from 41.6 per cent in 1975 to 38.5 per cent in 2005). The report points out that 78 per cent of part-time workers are women, who suffer the most in terms of the effect on earnings and earning power and that the unequal use of flexible work creates a two-tier system (the "mummy track"), which reinforces the pay gap between men and women. Noting the interim recommendations from the EOC investigation, the Committee asks the Government to indicate what additional measures it intends to take to address this persistent part-time pay gap. It further asks the Government to keep it informed as to the ongoing investigations of the EOC into part-time work, and to provide information on the key findings and follow-up measures from its research into the characteristics of the part-time pay gap in the context of the European Union.

The Committee is raising related and other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report as well as the detailed additional documentation provided.

1. Further to its observation, with reference to its previous comments on the impact of the National Minimum Wage Act of 1998 on equal pay between men and women workers, the Committee notes that the third report from the Low Pay Commission concluded that the minimum wage had had the greatest effect on the gender pay gap since the 1970 Equal Pay Act. Noting that the Low Pay Commission will continue to monitor and evaluate the impact of the minimum wage and had to submit a report in 2003, the Committee asks the Government to provide a copy of it in its next report.

2. With regard to the National Insurance Lower Earnings Limit (LEL), the Committee notes that for 2002-03 the LEL has been set at £75 per week and the primary threshold at which national insurance contributions are to be paid at £89 per week. The Government states that those with earnings between the LEL and the primary threshold are treated as if they have paid contributions on their earnings to protect their contributory benefit position. Employees earning between the LEL and the primary threshold therefore do not pay any contributions but continue to build up entitlement to contributory benefits. The Committee asks the Government to continue to provide information on the LEL and the primary threshold and to indicate in its next report how they have helped in reducing the pay gap between men and women for work of equal value.

3. With regard to the Committee’s previous comments concerning amendments to speed up and simplify the tribunal procedures for equal pay claims, the Committee notes that the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations of 2001 now provide that it will be for employers to prove that they have not discriminated against their employee and that the new Employment Act of 2002 introduces the equal pay questionnaire procedure which will make it easier for individuals to obtain information from employers regarding whether they are receiving equal pay. The Committee asks the Government to continue to provide information on any other changes to the tribunal procedures proposed and to indicate the impact of these and other amendments on simplifying and speeding up tribunal procedures for equal pay claims. Noting that a new code of practice on equal pay has come into force in December 2003, which includes a model for carrying out voluntary equal pay reviews as well as information on grievance procedures and equal pay for pregnant women and women on maternity leave, the Committee asks the Government to provide information on practical use of the new code by employers. Noting also the court rulings concerning equal pay in the Government’s report, the Committee asks the Government to continue to provide information on court cases dealing with equal pay claims, including cases where the code of practice on equal pay has been used as evidence.

4. The Committee notes the information referred to in the Government’s report on the action undertaken, in cooperation with the Equal Opportunities Commission (EOC), to further equal pay and to equip workers and employers to undertake equal pay reviews. It notes in particular the launching by the EOC and Opportunity Now (an employers’ organization committed to gender equality) of an equal pay forum, including in Northern Ireland, and asks the Government to continue to provide information on how it cooperates with the social partners in promoting the principle of the Convention as well as information on the results achieved in this regard by each equal pay forum.

5. The Committee notes that the Equal Opportunities Commission for Northern Ireland is developing an equal pay toolkit to assist employers in carrying out pay reviews and asks the Government to supply a copy of the kit, once completed.

6. With respect to tendering in the public sector, the Committee notes that the new Guidance on best value and procurement. Handling of workforce matters in contracting provides that best value authorities in England (and some in Wales) have to observe the requirements of existing equality legislation and recommends that in the procurement process they take account of the practices of potential service providers in respect of equal opportunities, where it is relevant to the delivery of the service under the contract. The Guidance also provides that contractors should be excluded from the tendering exercise if they have been convicted of a criminal offence, have committed an act of grave misconduct or have breached the requirements of discrimination legislation. Noting further the various legislative and other initiatives in England, Wales and Scotland to improve the treatment of employees working on local government contracts, including the proposed reform of the Transfer of Undertakings (Protection of Employment) Regulations, 1981 (TUPE), the Committee asks the Government to provide information on the impact of these initiatives on the application of the principle of equal remuneration for work of equal value in public tendering, and to provide copies of any relevant circulars, guidance or implementation orders adopted under section 19 of the Local Government Act of 1999.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report as well as the detailed additional documentation attached.

1. The Committee notes from the Government’s report and studies undertaken in 2002 by the Equal Opportunities Commission (EOC) on pay and income in Great Britain that there has been only limited progress in closing the gender gap. The Committee notes that in 2002 women’s average hourly earnings (excluding overtime) amounted to 81.6 per cent of men’s in Great Britain, which was an increase of only 0.7 per cent from 1999. The gender pay gap is smaller in the public (10 per cent) than in the private sector (28 per cent) and, amongst occupations, the hourly pay gap is particularly wide for administrators and managers (30 per cent) and in sales occupations (28 per cent). The gender pay gap is narrowest in clerical and secretarial occupations (2 per cent). In Northern Ireland, women’s average earnings (excluding overtime), after a slight increase in 2000 (87.6 per cent), reduced to 86.6 per cent of men’s in 2001. 

2. The Committee notes the various initiatives taken by the Government and the EOC to reduce the gender pay gap, including initiatives to promote good practice and encourage employers to undertake equal pay reviews (EPRs). The Government indicates that government departments are leading by reviewing their pay systems as part of the Modernizing Government Programme and that a target of April 2003 was set for all departments to prepare action plans for reviewing equal pay systems. The Committee notes that the Government continues to be in favour of a voluntary approach to pay reviews because many employers are currently not in a position to undertake them and adequate tools are needed to conduct reviews properly. It notes in this regard that the EOC has developed and tested the Equal Pay Review Kit for employers to carry out EPRs but that EOC research on "Monitoring Progress Towards Equal Pay" (March 2003) indicates that the majority (54 per cent of the large and 67 per cent of the medium-sized employers) do not plan to carry out a pay review; and that secrecy about pay is still widespread. According to the EOC, there is a need to continue to exert pressure on organizations to carry out EPRs, to ensure that their pay structures and practices are transparent and to reassess, at a future date, the impact reviews have on the pay of women and men. The Committee asks the Government to continue to provide information on any action taken or envisaged, including action taken by the EOC, to ensure more transparency in pay structures and practices so as to be in a better position to assess existing pay inequalities. It also asks the Government to continue to provide information on any action taken or envisaged to narrow the pay gap between men and women, including measures to encourage employers to carry out equal pay reviews, and to indicate the impact of these reviews on the pay of women and men in both the private and public sectors.

3. Further to the above, the Committee notes the Government’s statement that the relative position of women part-time workers has worsened in comparison with male full-time workers and that the average hourly wage for women working part time dropped to 58.6 per cent of the average hourly wage of male full-time workers in 2001. The Committee recalls that in its previous observation it had already noted that in 1999, of all part-time workers, 54.7 per cent women part-time workers earned £66 per week or less, compared to only 9.5 per cent of male workers. The Committee notes with interest that section 5(1) of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations of 2000 prohibit employers from treating part-time workers less favourably than comparable full-time workers in terms of their conditions of employment, unless different treatment can be objectively justified. It also notes that the regulations were amended in 2002, allowing part-time workers to compare themselves with a full-time colleague, irrespective of whether either party’s contract is permanent or fixed-term, and removing the two-year limit to the period that an employment tribunal may take into consideration when making an award against an employer for having treated a part-time worker less favourably in terms of access to an occupational pension scheme. The Committee asks the Government to provide information on the application and enforcement of the part-time work regulations and their impact on the application of the principle of equal pay for work of equal value.

The Committee is raising related and other points in a request directly addressing the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s first report on the Convention, as well as the attached documentation and statistics.

1. Article 1 (Great Britain and Northern Ireland). The Committee notes that the Human Rights Act, 1998, which applies to Great Britain and Northern Ireland, gives effect to the rights and freedoms guaranteed under the European Convention of Human Rights and Fundamental Freedoms (ECHR), including the enjoyment of rights and freedoms without discrimination on the basis of, amongst others, sex, race, colour, religion, political or other opinion, and national or social origin. It also notes that the Race Relations Act, 1976 (RRA), the Race Relations (Northern Ireland) Order (RRO (NI)) of 1997, the Sex Discrimination Act, 1975 (SDA), and the Sex Discrimination (Northern Ireland) Order (SDO (NI)) of 1976 prohibit direct and indirect discrimination on the basis of racial grounds and sex, respectively, and that the Fair Employment and Treatment (Northern Ireland) Order (FETO) of 1998 prohibits discrimination on the basis of religious belief and political opinion, in employment and occupation, vocational training and related matters in the public and private sectors. It also notes that the definition of "racial groups" includes "race, colour and ethnic and national origin (and Irish Traveller Community for Northern Ireland)".

2. Considering that the Human Rights Act, 1998 only provides for a general protection from discrimination with respect to the rights and freedoms guaranteed in the ECHR, the Committee notes that there is currently no legislation in place to prohibit discrimination in employment and occupation on the basis of religion, political opinion (Great Britain), and social origin (in Great Britain and Northern Ireland). It notes, however, that new draft regulations prohibiting discrimination based on religious belief in employment and occupation are being discussed for Great Britain and are to be adopted in 2003. The Committee welcomes these legislative developments and asks the Government to provide a copy of the new regulations, once adopted. It also requests the Government to indicate the manner in which protection from discrimination is ensured in employment and occupation on the basis of political opinion and social origin in Great Britain, and on social origin in Northern Ireland.

3. The Committee notes that section 4(3) of the RRA, section 6(3) of the RRO (NI) and section 70(1)(b) of the FETO exclude employment for the purpose of private households from the protection from discrimination, except in cases of discrimination by way of victimization. Furthermore, section 71(1) and (2) of FETO provides that the Order does not apply to the employment of schoolteachers, but that the Equal Opportunities Commission (EOC) shall keep this exception under review with a view to considering whether it is appropriate that any steps be taken to further equality of opportunity in the employment of teachers in schools. The Committee requests the Government to provide information on how protection from discrimination on the basis of racial grounds, religion and political opinion is ensured for these workers and whether it intends to amend the RRA, the RRO (NI) and the FETO to include private households and schoolteachers. It also requests information on any measures, including legislative amendments, proposed by the EOC (NI) to further equality of opportunity between teachers of different religious belief.

4. The Committee notes that section 17(1) seems to exclude from the coverage of the SDA, discrimination against police officers (including sexual harassment) by other police officers than the Chief Constable or the police authority. It also notes that section 17(2) provides that regulations under the Police Act of 1996 shall not treat men and women differently except "in relation to pensions or in respect of special constables or police cadets". The Committee requests the Government to indicate whether it intends to amend the SDA, and in the meantime, to provide information on the practical application of section 17(1) and (2) of the SDA with regard to the provisions of the Convention.

5. The Committee notes that section 1(2) of the SDA allows for a much broader interpretation of the concept of indirect discrimination than the one included in section 1(1) of the RRA, and includes provisions shifting the burden of proof in prima facie cases of discrimination. Noting also that new draft regulations on racial discrimination in Great Britain and draft amendments of the SDO (NI) aim to introduce similar provisions, the Committee asks the Government to provide copies of those amendments, once adopted, and to keep it informed of any similar amendments to the RRO (NI) and FETO.

6. Article 2 (Great Britain). The Committee notes that statutory bodies have been established under the RRA (Race Equality Commission (REC)) and the SDA (Equal Opportunities Commission (EOC)) which have the mandate to work towards the elimination of discrimination and the promotion of equality of treatment and opportunities. The Government indicates in its report that the REC and the EOC have developed, respectively, a code of practice on sex discrimination and a code of practice on racial relations. The Committee requests the Government to continue providing information on the activities of these statutory bodies and to provide practical information on the manner in which the codes of practice have been used by the civil service, trade unions, employers and employment agencies in promoting the application of the Convention.

7. Furthermore, the Committee notes that section 71(1) of the Race Relations Act imposes a positive duty on specified public authorities (Schedule 1A of the RRA) to eliminate unlawful discrimination and to promote equality of opportunity between persons of different racial groups. The legislation affects both the services that the authorities provide as well as their internal employment policies, and is enforceable by way of judicial review. Noting that no similar duty exists with respect to the elimination of sex discrimination, the Committee asks the Government to indicate whether it intends to extend such a statutory duty to sex discrimination and to provide information on the effectiveness of the duty in promoting race equality in employment and occupation.

8. Northern Ireland. The Committee notes that the Equality Commission for Northern Ireland has additional powers to promote affirmative action and identify and review patterns of employment and occupation with respect to religious belief and political opinion. Furthermore, section 75 and Schedule 9 of the Northern Ireland Act place a statutory obligation on public authorities to carry out their functions with due regard to the need to promote equality of opportunity, among other things, between persons of different religious beliefs, political opinion or racial group, and between men and women. It notes that under section 2 of Schedule 9 of the Act, the relevant public authorities have the obligation to submit equality schemes on how they intend to fulfil their obligations under section 75 of the Act. The Committee asks the Government to provide information on any measures taken, including affirmative action, and any equality schemes adopted by relevant public authorities in the field of employment and vocational training to promote equality of opportunity and treatment as well as information on any resulting measures adopted.

9. Article 3 (Great Britain). The Committee takes note of the Government’s statement that while the number of women and racial minority staff employed in the civil service, including the senior civil service, has increased, equal representation of men and women and racial minority staff does not exist at all levels, and racial minorities and women are concentrated in the lower grades; the proportion of racial minority staff at senior level was 2.1 per cent in 2000. The Government indicates that the civil service has set a target for women to make up 35 per cent of the most senior jobs in 2005 and a target of 3.2 per cent has been set for racial minority staff. The Committee notes the measures taken by the Government to bring in more people from racial minorities at senior levels, including the Government’s Civil Reform Programme and the Government’s Diversity Agenda, and it would be grateful if the Government could continue to provide information on the progress made under these programmes, especially with respect to the target sets for the employment of women and racial minorities in higher level posts in the civil service.

10. The Committee notes that data from the Labour Force Survey of 2000 on the employment of women and racial minorities show that white adults remained more likely in employment than adults from racial minority groups (75 per cent compared to 58 per cent) and that overall, women’s employment rate is lower especially amongst the Indian and Pakistani minorities. Statistics also show that people from racial minority groups (Bangladeshi, Pakistani and Black Caribbean) are under-represented in managerial and professional occupations and that most racial minority groups remained over-represented in unskilled or semi-skilled manual occupations. Furthermore, women’s activity rates remain significantly lower than men’s due to the impact of home and family commitments on women’s participation. In addition, the Committee notes from a study published by the EOC on "Women and Men in Britain" that there exists a pronounced pattern of gender segregation in different industrial groupings and occupations, including managerial occupations where women still comprise less than a quarter of executives and only one in ten company directors. Female employment is concentrated in service industries (88 per cent) and non-manual occupations. Men are overwhelmingly concentrated in full-time jobs and large numbers of women work in part-time jobs (83 per cent of the part-time employees).

11. The Committee notes the various policy measures listed in the Government’s report targeted at disadvantaged groups in the labour market as well as the many series of initiatives undertaken by the Government, in cooperation with the social partners, especially the employers, and the EOC and the CRE to promote racial diversity and equal opportunity between men and women in employment and occupation. It notes in particular: (1) "Opportunity Now" that aims to look critically at the position of women employees and set targets to increase women’s representation at all levels of the workforce; (2) the guides for employers on racial diversity and sex discrimination, including sexual harassment and maternity rights; (3) the Policy Appraisal for Equal Treatment (PAET) and Gender Impact Guidelines for government departments; and (4) the Project of the Performance Innovation Unit (PIU) to increase participation of racial minorities in the labour market. The Committee requests the Government to continue to provide information on these and other measures taken or envisaged to promote racial diversity and equality of opportunity and treatment in employment between men and women, as well as on the manner in which they open a wider range of employment and occupation opportunities for women and racial minorities, including in managerial posts.

12. With respect to the situation of part-time workers, the Committee notes the high percentage of female part-time workers (more than 80 per cent of the part-time workers). It also notes that section 19 of the Employment Rights Act, 1999 provides that part-time workers will not be treated less favourably than comparable full-time workers unless different treatment is objectively justifiable. The Committee requests the Government to provide examples of different treatment of part-time workers that is "objectively justifiable" and to provide information on how it addresses indirect discrimination against part-time workers.

13. With respect to vocational training, the Committee notes that the available data indicate that participants from certain racial minority groups (Black African/Caribbean minorities) are less likely to obtain a job after having participated in existing training programmes. The data also indicate that apprenticeships and vocational training programmes generally reflect gender stereotypes and occupational segregation. The Committee notes the various initiatives described by the Government to promote equal opportunities for all in vocational training. It notes in particular that in 2001 the learning and skills councils (LSCs) prepared equal opportunities strategies and action plans to address under-representation and under-achievement in post-16 learning and that in 2002 the Government established centres of vocational excellence (CVEs) which have to ensure fair treatment for all. Noting also that an equal opportunities code of practice was produced for national training organizations (NTOs), the Committee would be grateful if the Government would supply copies of the code and the action plans of the LSCs, and provide information on the manner in which the training provided by the NTOs and the CVEs is opening up a broad range of occupations, free from considerations based on stereotypes or archaic conceptions that specific trades or occupations are supposedly reserved for persons of a particular sex or ethnic group.

14. Northern Ireland. The Committee notes that according to the 1999 Labour Force Survey Religion Report for Northern Ireland a higher proportion of Protestants (71 per cent) than Roman Catholics (62 per cent) of working age were in employment, with a higher proportion of men being employed than women (76 per cent of men and 65 per cent of women Protestants - 69 per cent of men and 55 per cent of women Roman Catholics). Data provided on the religious composition in nine major occupations for 2001 also show that only 38.9 per cent of Roman Catholics compared to 61.1 per cent of Protestants were managers and administrators and that the representation of Roman Catholics is the highest in elementary occupations. The Committee notes that the FETO requires certain private and public sector employers registered with the Equality Commission of Northern Ireland to submit monitoring returns, and that it allows employers to take affirmative action to promote equality of opportunity and treatment between different religious groups in the field of employment and occupation. Noting also that public authorities in Northern Ireland have the duty to submit equality schemes, the Committee requests the Government to indicate the manner in which these measures are promoting or securing equal participation in employment and vocational training of members of the Protestant and Catholic community.

15. Article 4 (Great Britain and Northern Ireland). The Committee notes the Government’s statement that "United Kingdom policy provides that any person who constitutes a threat to national security, safeguarding parliamentary democracy and maintaining the proper security of the Government’s essential services, should not be employed in connection with any work, which by its nature, is vital to the interests of the State". The Government indicates that a national security vetting (screening) system is in place to provide assurance about individuals with access to sensitive government information or assets. After having exhausted internal avenues of appeal, individuals can have recourse to an independent security vetting appeals panel. The Committee notes further that section 42 of the RRA, section 41 of the SDO, section 52 of the SDA, section 53 of the SDO and section 79 of the FETO provide that, an act justifiably done for the purpose of safeguarding the security of the State, shall not be unlawful discrimination, when the act is justified for that purpose. Persons who wish to appeal against the invocation of the national security exception can do so via employment tribunals or the industrial tribunals. Further, section 19B of the RRA prohibiting discrimination by public authorities, excludes the Security Service and the Secret Intelligence Service from its application. The Committee requests the Government to supply information on the practical application of these provisions as well as on the United Kingdom policy on national security, including information on the number of persons who have sought review of decisions based on the national security exception in the context of employment and occupation and the results of the reviews.

16. The Government is encouraged to supply information on any judicial decisions by the employment tribunals and industrial tribunals on cases of discrimination in employment and occupation on the grounds covered by the Convention, as well as any discrimination notices issued or investigations conducted by the various statutory bodies responsible for the elimination of discrimination and promoting equality of opportunity and treatment in employment and occupation. The Committee notes that, according to the Government, there is no power to award compensation for unintentional indirect discrimination in employment cases. It requests the Government to supply information on how victims of indirect discrimination (which is almost always unintentional) are compensated for violations of the provisions prohibiting indirect discrimination.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report as well as the additional documentation provided. It also notes the comments of the Trades Union Congress (TUC), which had been forwarded to the Government on 30 November 2000 for any reply it may have wished to make.

1. The Committee notes from the statistical information provided by the Government that in 1999 women’s average hourly earnings (excluding overtime) amounted to 80.9 per cent of men’s earnings in Great Britain, an increase of only 0.9 per cent from 1998, while women’s average hourly earnings (excluding overtime) in Northern Ireland increased by 2.6 per cent to 86.9 per cent in 1999 compared with 1998. The Committee further notes from the Northern Ireland New Earnings Survey, April 1998 and 1999 that, among managers and administrators in Northern Ireland, women workers earned 34.61 per cent less than men in 1998. In comparison, in 1999, women workers earned 34.14 per cent less than men. Among the professional categories women workers earned 13.96 per cent less than men in 1998 but this gap fell to 10.75 per cent in 1999. The Committee requests the Government to continue to provide statistical information in order to enable it to evaluate the implementation of the principle of equal remuneration of men and women workers for work of equal value. It also asks the Government to supply information on any promotional measures taken to narrow the wage gap between men and women workers.

2. The Committee notes the Government’s statement that it intends to introduce changes to employment tribunal procedures to simplify and speed up equal pay claims. It notes that the Trades Union Congress (TUC) welcomes the Government’s plans to change the tribunal procedures, but that the TUC is of the opinion that these measures will not be enough to address the gender pay gap between men and women workers. The TUC refers to research undertaken by the Equal Opportunities Commission (EOC) which reveals that at the current rate of progress it would take another 20 years to close the gender pay gap. The TUC therefore states that consideration should be given to placing a statutory duty on employers to review pay systems and pay structures and to publish the results, a concept which it has elaborated in its response to the EOC publication Equality in the 21st Century. The Committee notes from the information attached to the Government’s report that it is proposed to merge the Sex Discrimination Act, 1975, and the Equal Pay Act, 1970. In this respect, the Committee notes the recommendations of the EOC proposing that employers should monitor their workers’ rates of pay on an annual basis. The Committee asks the Government to continue to provide information on any developments in this respect and to supply a copy of the revised legislation when it has been adopted. Please also provide information on any amendments to the tribunal procedures for equal pay claims.

3. The Committee notes the adoption of a statutory minimum wage on 1 January 1999 by means of the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 (amended in 2000). It notes that the Act contains several sections dealing with enforcement and that promotional measures have been taken by the Government, such as publicizing the minimum wage, issuing guides and awareness raising campaigns. The Committee notes with interest the Government’s statement that, through the introduction of the minimum wage, an estimated 1.5 million workers have become entitled to higher pay and that about two-thirds of them are women workers. In this respect, the Committee notes the comments of the TUC that this measure has led to a rise in the incomes of some of the lowest paid workers and to the largest narrowing in a decade of the full-time and part-time gender hourly pay gap. It also notes that the Low Pay Commission Report (published on 15 February 2000) states that many enterprises are meeting their obligations to pay the minimum wage and that the Inland Revenue has made a successful start in ensuring enforcement. In addition, the Committee notes that a third report has been commissioned for July 2001 with a view to revising the minimum wage, and asks the Government to provide a copy of it with its next report.

4. With regard to the National Insurance Lower Earnings Limit (LEL), the Committee notes the Government’s statement that the introduction of the national minimum wage has no direct implication for the LEL. The Committee notes the introduction of the primary threshold in April 2000 (£76 per week for 2000/01) as the wage level at which national insurance contributions are to be paid. It also notes that the introduction of the minimum wage has resulted in a worker who works just over 18 hours earning more that the LEL and that this measure, combined with the introduction of the primary threshold, results in those workers earning between the LEL and the primary threshold being treated as if they are paying contributions on their earnings to protect their benefit position. The Committee asks the Government to continue to provide information respecting the LEL and the primary threshold and their effects on the application of the principle of equal pay for work of equal value. The Committee notes the statistical information provided by the Government in the Labour Force Survey, Winter 1999, which shows that of all part-time workers 83.29 per cent were women, and that of all part-time workers, 54.77 per cent women part-time workers earned £66 per week or less, while 9.5 per cent of male workers earned this level of wages. In this respect, the Committee notes that section 19 of the Employment Relations Act, 1999, provides that regulations shall be issued to ensure that part-time workers are not treated less favourably than persons in full-time employment, and that section 20 envisages that codes of practice may be issued. The Committee understands that regulations have now been brought into force and requests that information be provided on their content and impact. The Committee reiterates the importance of tackling any indirect discrimination against part-time workers, the majority of whom are women.

5. The Committee notes that the Government abolished compulsory competitive tendering (CCT) as from 2 January 2000, which had been criticized by the TUC as having a negative effect on women’s wages. It notes that, through the adoption of the Local Government Act, 1999, the principle of "best value" has been implemented for tendering in the public sector as from 1 April 2000. The Committee also notes the Government’s statement that it intends to amend the legislation regarding the selection of tenderers with a view to complying with its obligations as a Member of the European Union, and it therefore requests the Government to provide information with its next report on the manner in which it ensures, when purchasing services, that the principle of equal remuneration for men and women workers for work of equal value is applied. It also requests the Government to supply a copy of the consultation paper issued in April 2000 and a copy of the relevant legislation once it is adopted.

6. The Committee notes the Government’s statement that Northern Ireland adopted a Code of Practice on Equal Pay in 1999 and requests the Government to supply with its next report a copy of the Code, which the Government states that it has already provided, but which has not been received by the Office. The Committee recalls the adoption of the Code of Practice on Equal Pay by the Equal Opportunities Commission. It notes the Government’s statement that the Code of Practice has so far not been used as evidence in a tribunal and requests the Government to continue to provide information on cases relating to the principle of equal remuneration.

7. The Committee notes the court rulings concerning equal pay attached to the Government’s report and requests it to continue to provide information on court cases dealing with equal pay claims.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the Government's reply concerning the previous comments of the Trades Union Congress (TUC) with regard to the wage gap in some occupational categories. The Government attributes this wage gap to the diversity of occupations within these occupational groupings and the differing distribution of males and females across these groups, suggesting that women tend to be employed more widely in the lower-paid jobs within these categories. The Committee, not being in a position to come to any conclusions on the basis of the information available to it, requests the Government to provide it with the more detailed statistics upon which the Government relies in making its statement. The Committee does note in this respect that, according to statistics provided by the Government, in 1997 women's average hourly earnings (excluding overtime), although having gradually increased over the past ten years, constituted only 80.2 per cent of men's earnings in Great Britain and 83.4 per cent of men's earnings in Northern Ireland, reflecting a decrease from 84.7 per cent in 1996.

2. The Committee notes the Government's indication that the findings of the 1995 Equal Opportunities Commission's (EOC) report on the effects of compulsory competitive tendering (CCT), on which the TUC bases its claim that this process had a negative impact on the wages of women, should be treated with caution since it is based on a relatively small sample which does not include all service sectors covered by the relevant CCT legislation. It also notes the Government's indication that it has made a commitment to abolish the CCT and replace it with a new duty on local authorities to secure "best value" across the range of their activities. In this respect, the Committee requests the Government to indicate the manner in which the Government's Best Value proposals take into account the findings of the 1995 Report of the Equal Opportunities Commission. It also requests the Government to provide it with a copy of the summary of the White Paper, Modern Local Government -- In Touch with the People, which contains the Government's Best Value proposals.

3. The Committee recalls the comments of the TUC that the application of the lower earnings limit (LEL) for national insurance contributions has a discriminatory effect and adverse impact on women's pay, in part because they constitute the large majority of part-time workers. It notes the Government's response that, if the LEL were set at a lower rate, it would be possible for people to gain entitlement to a pension which would be higher than their earnings during their working life in return for small payments in contributions, and that this would impose an unacceptable burden on other contributors. In order to ascertain whether the LEL might have an indirect discriminatory effect, the Committee requests the Government to provide information on the total number and percentage of male and female part-time workers as well as on those whose earnings fall below the LEL. In this respect, the Committee would like to draw attention to Article 8 of the Part-Time Work Convention, 1994 (No. 175) which stipulates that part-time workers whose hours of work or earnings are below specified thresholds may only be excluded from certain statutory security schemes or measures taken in certain fields if these thresholds are sufficiently low as not to exclude an unduly large percentage of part-time workers.

4. The Committee notes the Government's indication that it is committed to the introduction of a statutory national minimum wage which will apply to all workers, whether full or part time, permanent, temporary or casual. It notes the Government's statement that a minimum wage would contribute to easing pay inequalities which still remain between men and women, especially for part-time workers. The Committee notes that the Independent Low Pay Commission, set up by the Government to advise it on an initial rate and other related issues, presented its report and recommendations in May 1998, and that enforcement mechanisms are currently being developed with the priority aim being to encourage self-compliance. Noting that the National Minimum Wage Act received Royal Assent on 31 July 1998 and will be put before Parliament at the end of 1998, the Committee requests the Government to provide it with a copy of the Commission Report and the Act, as well as with information on the effectiveness of the new enforcement mechanisms. The Committee also requests the Government to clarify whether the introduction of a minimum wage will have implications for the application of the LEL.

5. The Committee notes with interest that the Code of Practice on Equal Pay, developed by the EOC, came into force in May 1997. It notes the Government's indication that the Code's goal is to serve as a tool to help employers bridge the pay gap by offering practical advice on ways to implement pay systems free of gender bias and that it can be quoted as evidence in any proceedings before industrial tribunals. It further notes that the Code provides information on the implications of the law for employers, and on some of the reasons and causes underlying sex discrimination in pay. Paragraph 21, for example, states that men and women tend to do different jobs or have different work patterns resulting in undervaluation of work performed by one sex, which, especially when reinforced by discriminatory recruitment, training, selection and promotion procedures, may restrict the range of work each sex performs, for example, by allocating the full-time, higher paid, bonus-earning jobs to men. The Code also contains recommendations for carrying out a review of pay systems on possible existing gender bias, as well as suggestions for employers with regard to the development of an equal pay policy. The Committee, considering that the Code seeks to reinforce the principle of equal pay for work of equal value contained in the relevant legislation, and noting the judicial decisions concerning equal pay attached to the Government's report, requests the Government to provide information on cases in which the Code has been used as evidence. It also requests the Government to provide it with other information illustrating the application of the Code.

6. The Committee notes from the EOC report "Equality in the 21st Century: a New Approach," which forms the basis for a consultation on proposed legislative amendments to the Sex Discrimination Act, 1975 and the Equal Pay Act, 1970, that the EOC's main proposal is to replace the current laws by a single statute based on the principle of a fundamental right to equal treatment between men and women. The new statute, which would bring together all the relevant laws (including equal pay) from various sources and present them in an integrated and coherent way, would guarantee an individual freedom from discrimination on the grounds of sex, pregnancy, marital or family status, gender reassignment and sexual orientation. The Committee notes with interest the emphasis placed in the EOC report on the principle of equal pay for work of equal value. In this regard, it notes the recommendation that a significant improvement on the present framework of litigation would be to empower employment tribunals not only to grant an individual remedy in an individual case, but also to make a general finding, and to order changes to a collective agreement or pay structure. It further notes that the EOC recommended that a legal obligation should be placed on employers to carry out a pay systems review and adopt an equal pay policy as described in the EOC's Code of Practice on Equal Pay, including an obligation to publish the outcome of the review to the workforce with a programme to achieve change. Noting that the EOC will submit its recommendations to the Secretary of State for Education and Employment at the end of 1998, the Committee requests the Government to provide it with a copy of these recommendations, as well as information on measures taken or envisaged to implement these recommendations.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report and the comments of the Trades Union Congress (TUC), dated 8 November 1996. The Committee also notes the Government's observations on the TUC's comments, received on the eve of the Committee's session.

1. Abolition of wages councils. In its previous comments, the Committee noted that the TUC was concerned that the abolition of the wages councils (by the enactment of the Trade Union Reform and Employment Rights Act, 1993) would cause women's remuneration as a proportion of men's to decline. The Government states that, since the passage of the 1970 Equal Pay Act, women's average hourly earnings excluding overtime have risen steadily as a proportion of men's from 63 per cent to the highest ever figure of 79.9 per cent in April 1996. In Northern Ireland the same trend has been observed with women's earnings reaching 85.3 per cent as a proportion of men's in 1995. The Government stresses that it was the application of the Equal Pay Act which required wages councils, other statutory bodies and employers generally to ensure equality of pay between the sexes and that, previously, wages councils could, and did, set lower rates of pay for women. The Government also indicates that changes in the earnings of both men and women reflect varying conditions in the particular industries or companies concerned which can themselves be influenced by a range of factors such as structural and technological change or profitability. The Government considers it neither possible nor appropriate to attribute changes to one particular event such as the abolition of any wages council. The Government refers to an analysis of the New Earnings Survey (NES) for the period 1990 96 as an illustration that the rate of earnings movement in those industrial sectors where the main wages councils had operated was subject to fluctuation both before and after the abolition of those councils. It also refers to an analysis of the 1993 and 1994 NES undertaken by the former Employment Department in 1994 to compare the movement in earnings of those individual workers who had been covered by a wages council in April 1993 and who had not changed jobs in the seven months following abolition of the council. The Government states that this analysis, as well as a further one comparing 1994 and 1995 NES data, has confirmed its view that there had not been any general fall in earnings following abolition of the councils.

2. The TUC indicates that its own analysis shows a considerable fall in pay in many of the industries formerly covered by the wages councils and that women have suffered disproportionately from this downward pressure on pay, exacerbating the inequality of pay which affects low-paid women workers particularly. It observes that, in the hotel sector, the average earnings of all workers have fallen in real terms since 1993 and that even in those sectors where pay has risen in real terms, such as in food retailing and the clothing industry, the increases have been significantly lower than those for the service and manufacturing sectors more generally. While acknowledging the fluctuations in earnings in industries previously covered by wages councils, the TUC states that 1993 96 has been a period of continuous wage growth and the fact that those industries are falling behind the growth gives cause for concern about the implementation of the principle of equal pay. In this connection, the Government states that the TUC analysis fails to take into account the differing impact of the recession and recovery on different sectors of the economy. Moreover, the Government states that the period covered by the TUC analysis is too short a period to differentiate the cyclical, structural and institutional changes and their effect on employment and earnings.

3. The Committee notes that both the Government and the TUC based their analysis on the NES. As concerns the TUC's statement that the NES does not fully reflect the situation of low-paid workers, the Government states that, while the NES does measure the earnings of many workers paid below the tax and national insurance thresholds, the Office for National Statistics acknowledges that the NES does under-represent lower-paid workers who do not pay income tax. The Committee notes that while there has been a welcome narrowing of the earnings gap overall, there appear to be some occupational categories where there remains a wide differential in the earnings of men and women (for instance, in sales occupations, the average gross hourly earnings excluding overtime of full-time women was only 66.6 per cent of the corresponding figure for men in April 1995 and in craft and related occupations it was 67.7 per cent). The Committee requests the Government to indicate whether any studies have been undertaken to discern more precisely the reasons for the existence of such a significant earnings differential in certain occupational categories.

4. Compulsory competitive tendering (CCT). The TUC refers to the publication in 1995 by the Equal Opportunities Commission of research on the effects of CCT in local government, which found that this process had a negative impact on the wages of women. According to the TUC, the research found that in female-dominated areas such as catering and cleaning the contractual hours fell by 16-25 per cent and the wages fell in some areas, whereas the pay levels increased and the contractual hours remained the same in male-dominated areas. Women part-time workers were shown to be the worst affected, with lower pay, fewer hours and worse terms and conditions of employment. The Committee requests the Government to comment on the 1995 study referred to by the TUC and to indicate whether any measures have been taken, or are contemplated, to redress any problems identified in the research which have an impact on the application of the Convention.

5. Part-time workers. The TUC considers that the application of the Lower Earnings Limit (LEL) for national insurance contributions has a discriminatory effect and an adverse impact on women's pay. It indicates that many now have earnings below the LEL and therefore fail to qualify for state benefits such as maternity and sick pay, unemployment benefit and state pensions. It states that most of those excluded from basic national insurance benefits are part-time workers of whom the large majority are women. The Government states that workers who earn less than the LEL are not excluded from the national insurance schemes altogether as they can choose to pay national insurance contributions on a voluntary basis so as to earn an entitlement to a retirement pension. Married women can also rely on their husbands' contribution records for pension purposes and are by far the larger group to benefit from Home Responsibilities Protection which acts to protect the basic retirement pension position of the individual. According to the Government, research shows that employers regard savings on national insurance contributions as a very minor reason for the employment of part-time workers: the main reason for the employment of part-timers (who comprise most of the low-paid workforce) was that this suited the work available. Even though many employers do not regard the LEL as an important determinant of wage levels, the Government considers that a requirement to pay contributions in respect of all employees could lead to a rise in non-wage costs and a possible reduction of work opportunities at lower wage levels, which would particularly affect women who often welcome the chance to combine paid employment with domestic responsibilities.

6. The Committee has taken note of the Government's information and explanations. It would point out, however, that the abolition of the wages councils, the application of the LEL and other measures have had deleterious effects on certain categories of women workers which are felt more particularly by those working part time. The Committee would welcome any indications from the Government as to the measures that might be taken to improve the situation of these women workers, especially as concerns their remuneration and entitlements.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information in the Government's report and its reply to the Committee's previous comments concerning cooperation with workers' and employers' organizations for the purpose of giving effect to the provisions of the Convention.

The Committee is pursuing developments concerning certain judicial decisions under the Equal Pay Act, 1970, in an observation.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information in the Government's report and its observations on the comments of the Trades Union Congress (TUC) dated 20 December 1991, 13 January 1993 and 24 December 1993 concerning the application of the Convention.

1. The Committee recalls that the TUC, in its earlier communication, raised points concerning the inadequacy of procedures in equal pay claims (the complexity and lack of clarity in the legislation which resulted in long delays in the determination of workers' rights; the fact that an employer's existing job evaluation study could act as a bar to an equal value pay claim; the impossibility of extending an equal pay decision awarded to an individual applicant to all employees in the same employment who do the same or broadly similar work). The TUC, in its subsequent communications, expressed concern that the Trade Union Reform and Employment Rights Bill (now enacted as the Trade Union Reform and Employment Rights Act, 1 July 1993), in abolishing wages councils, would remove this statutory protection (including enforcement by a wages inspectorate) from a great many women workers and consequently women's remuneration as a proportion of that of men would decline. The TUC considered that the remaining right to bring an individual complaint to an Industrial Tribunal under the Equal Pay Act is an insufficient remedy because of the long delays in that procedure. The TUC pointed out that the abolition of the wages councils led it also to lodge a complaint in August 1993 to the Commission of the European Communities alleging that the removal of these mechanisms has led to the non-application of European Community law.

The Government responds, firstly, that it is concerned that there should be as little delay as possible in equal value cases, but that the law in this area is inherently complex and procedures take some time; it points out, however, that it is examining ways of reducing the time delays and will dicuss procedural changes with the Equal Opportunities Commission shortly (some changes corresponding to recommendations made by the Commission to improve the equal pay laws are already under way, as explained below). Secondly, it rejects the TUC's claim that the abolition of the wages councils will hinder the Government's application of the principle of this Convention. The Government challenges the effectiveness of minimum wage fixing in this connection and the inference that employers will cut women's pay following abolition. It adds that women continue to be able to seek redress if they allege sex-based wage differences under the Equal Pay Act.

The Committee recalls that Article 2(2) of the Convention permits flexibility in the choice of methods for applying the principle of the Convention. It also recalls that, whatever the method chosen, its enforcement must have an impact. This was highlighted in paragraphs 102 to 131 and paragraphs 166 to 179 of the Committee's 1986 General Survey on Equal Remuneration, where it examined, respectively, the bodies to promote, enforce or supervise the principle of the Convention and the effectivenes of remedial action in ensuring its application. While aware that the impact of the abolition of the wages councils may not yet be felt, it draws the Government's attention to the importance of effective machinery to translate the principle into practice. Despite the Government's explanation of the current system, the Committee also must note the TUC's apprehensions for the implementation of the Convention in these circumstances.

It therefore asks the Government to supply information (including statistical data on actual wages paid to men and to women in the sectors previously covered by wages councils) showing the impact of the abolition of the previous system. It would also like to receive information on the numbers of equal pay claims brought since the change, the time taken to conclude them and indications of the awards made. In addition, the Committee asks the Government to inform it of the outcome of the TUC complaint to the Commission of the European Communities.

2. With reference to the Committee's previous comments on equal remuneration in the state pension and occupational pension schemes and harmonization of pensionable ages, the Government explains that Schedule 5 to the Social Security Act, 1989, has still not been brought into force following the 1990 ruling of the European Court of Justice (ECJ) in Barber v. Guardian Royal Exchange Group (which, by establishing that occupational pensions are "pay", allowed the equal pay principle to override an apparent exception for retirement occupational pensions contained in a Directive). It adds that it is awaiting the outcome of a series of cases referred to the ECJ, including Coloroll Pension Trustees Ltd. v. Russell, Mangham & Others, expected later in 1994, which will throw further light on the retroactive scope of the Barber decision. The Committee notes the Government's statement that it is committed to equalizing the state pension age and that, following debate of a background paper currently circulating, it plans to make detailed proposals in this direction in the near future. The Committee notes these developments and asks the Government to inform it of the ECJ decision in Coloroll and its decision on whether or not to bring the Schedule into force.

3. Regarding the Government's response to the Equal Opportunities Commission's 1990 review of the Equal Pay Act containing various recommendations to improve the legislation, the Committee notes that it refers to several initiatives: the 1991 meeting of the Employment Department's Advisory Committee on Women's Employment (on which the TUC and the Confederation of British Industry as well as concerned bodies such as the Equal Opportunities Commission itself are represented) which discussed the review; its acceptance of a number of the specific recommendations (specialized training for members of industrial tribunals, their availability to hear cases, common law changes to one aspect of the "material factor" defence, swifter production of experts' reports, scrutiny of collective agreements by individuals now allowed by section 32 of the Trade Union Reform and Employment Rights Act); and its ongoing correspondence with the Equal Opportunities Commission on ways of streamlining the procedures of the Industrial Tribunals in equal pay cases. The Government points out that certain other recommendations "merit further consideration" and that others cannot be commented on since they are sub judice. The Committee notes, however, the Government's explanations that it cannot accept the recommendations concerning removing the bar to claims represented by an employers' job evaluation study, class actions, access to employers' premises, using the Employment Appeals Tribunal as a court of first instance and repeal of the two-year limit on back pay awards.

Recalling its comments under point 1 above on the importance of effective procedures in practice to implement the principle of the Convention, the Committee asks the Government to inform it of developments concerning its acceptance of the Commission's recommendations, in particular any progress made in discussions with the Commission following the Government's letter to that body of 19 July 1993 explaining its stance.

4. The Committee recalls that, in its previous direct request, it had noted that the Equal Opportunities Commission for Northern Ireland had included in its comments on the equal pay legislation a recommendation for equal pay comparisons with a "notional" or "hypothetical" man. The Committee had asked the Government to inform it of any measures taken in response to this. As the Government's report states that detailed consideration of the Northern Ireland Equal Opportunities Commission's recommendations are under way and that a response will be available in the near future, the Committee asks the Government to inform it in its next report of developments in this area.

5. The Committee recalls that, in previous direct requests, it had asked for information on developments following the decision in Clark & Others v. Bexley Health Authority (where the employer successfully relied on the "material factor" defence that it had no choice in the matter of salary because it was obliged by an outside factor to pay staff certain authorized salaries and because of market forces), a decision which had been referred to the ECJ. It notes from the Government's report that the final decision in this case, now known as Enderby v. Frenchay Health Authority, was expected late in 1993. The Committee understands that the ECJ delivered its decision on 27 October 1993, holding, inter alia, that if there is a prima facie case of wage discrimination based on sex, the employer must show objective justification for the difference, that market forces may constitute an objectively justified ground and that it is for the national court to assess whether the statistics relied upon cover sufficient numbers, are not a short-term phenomenon and are generally of significance.

The Committee asks the Government to inform it of the impact of the Enderby decision on equal pay claims in the United Kingdom, supplying copies of any decisions at the national level which show application of the principle of equal pay contained in the Convention.

6. The Committee notes from the statistics supplied in the Government's report that, as of April 1993, women's average hourly earnings (excluding overtime) were 79.1 per cent of men's. This represents an increase over the 1970 figure of 63.1 per cent and the 1980 figure of 73.5 per cent. It also notes from documentation in the TUC's complaint to the ECJ that, according to the New Earnings Survey for 1992, women's average hourly earnings in manual trades were 71.5 per cent of men's, and in non-manual trades, 67.3 per cent of men's. Noting the Government's statement that the wages gap is steadily decreasing and that the remaining disparity exists for a variety of reasons such as the fact that many women work in lower-paying sectors, and have less work experience, seniority and training, the Committee would like to receive information on the measures taken or contemplated to study and remove the reasons underlying the continuing wage differences.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the comments of the Trades Union Congress (TUC) dated 13 January 1993 concerning the application of the Convention, which have been transmitted to the Government. The Committee hopes that the Government will provide its comments on this communication so that the Committee will be in a position to examine the points raised at its next session.

It notes at the same time that earlier TUC comments, dated December 1991, are still awaiting a reply from the Government and that the outstanding observation on the application of this Convention, for which a government report will be requested for examination at the Committee's 1994 Session, concerned the following points: equal remuneration in the state pension scheme and occupational pension schemes and harmonization of pensionable ages; what government measures have been taken to respond to the proposals of the Equal Opportunities Commission (EOC) following its review of the Equal Pay Act of 1970; and statistical data illustrating current trends in the evolution of wage differentials between male and female earnings.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee has noted the information supplied by the Government concerning judicial decisions under the Equal Pay Act, 1970. It requests the Government to supply such information in its future reports, and in particular on the outcome of the case of Clark and others v. Bexley Heath Authority, which has been referred to the European Court of Justice.

2. The Committee has noted the information provided by the Government concerning the Committee's previous request for an indication of the extent to which job evaluation has been introduced. In this respect, the Committee notes that while official data is not available on this question, there appears to be a steady growth of interest in job evaluation arising from the need for organisations to rationalise their pay systems and to free them from sex discrimination.

3. Referring to its previous direct request, the Committee has noted that the Advisory, Conciliation and Arbitration Service (ACAS) intends to appoint several more experts, in addition to the 12 currently on its panel, because of the upsurge in the number of reports required. The Committee has also noted that, on average, the time taken from the tribunal issuing a requirement for an expert's report and the report's submission to the tribunal has reduced significantly in recent years.

4. Referring to its observation, the Committee has noted the information and explanations of the Government concerning other matters raised by the TUC in its communication of December 1990. The Government states that it recognises the TUC's concern that employees in all-female establishments should be permitted to compare their work with that of men notionally or actually employed at the same or unconnected establishments. It points out, however, that if an employer employs no men at all, then the only way of measuring what a "notional" man would be paid would be by reference to the wages paid by other unconnected employers to men doing the same type of work, quite possibly in different geographical areas. In such cases, it would be impossible to determine how much of any pay inequality resulted from different markets, efficiency, profitability, etc.; and accordingly, the Government cannot see why an employee in one firm should receive the same wage as an employee working in another unconnected firm, irrespective of the difference of sex. The Committee has also noted that while the proposals of the (Great Britain) Equal Opportunities Commission (EOC) do not include any recommendations for equal pay comparisons with a "notional" or "hypothetical" man, the EOC for Northern Ireland has included such a recommendation in its comments on the operation of the equal pay legislation which, like all recommendations of the two EOCs, are being considered by the Government. As the Committee has stated in its observation, it hopes that the Government will provide information in its next report on the measures taken or envisaged to respond to the proposals of the EOCs.

5. Referring also to its observation, the Committee has noted the TUC's statement that the Government has been deficient in complying with Article 4 of the Convention, since there have been no further meetings with trade union and employers' representatives concerning ways to improve the application of the Convention. The Committee hopes that the Government will be able to indicate, in its next report, that further measures have been taken to cooperate with the employers' and workers' organisations concerned to give effect to the provisions of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its report in reply to its previous comments and to the comments submitted by the Trades Union Congress (TUC) in 1990. It also notes that the TUC communicated further comments in December 1991, which were transmitted to the Government and that the Government intends to reply to those comments in its next report.

1. The Committee has noted with interest from the Government's report that following the ruling of the European Court of Justice on 17.5.90 in the case of Barber v. Guardian Royal Exchange Assurance Group (in which the Court ruled that benefits paid from occupational pension schemes are "pay" within the meaning of Article 119 of the Treaty of Rome) the Government has announced its commitment to achieving equal treatment for women and men in the state pension scheme as well as in occupational pension schemes, in particular, as concerns unequal pension ages. The Committee hopes that the Government will continue to provide information on the matter, including any further court rulings, and that it will indicate the decisions taken or envisaged in this direction.

2. In recent years, the Committee has noted the measures being taken by the Equal Opportunities Commission (EOC) to review, in consultation with the Government, employers' organisations, trade unions and other interested bodies, the application of the Equal Pay Act, 1970, as amended. The Committee's observation of 1990 had noted that the EOC presented its considerations in its 1989 consultative document "Equal Pay ... Making it Work". The Committee notes that the EOC's formal proposals were submitted to the Government, in November 1990, in a document entitled "Equal Pay for Men and Women: Strengthening the Acts". The EOC has concluded in that document that "the present legislation is ineffective for dealing with pay inequalities deeply rooted, often unconsciously, in pay structures and collective agreements ..." and calls for the "establishment of a legal framework and procedures which facilitate rather than impede an individual's access to judicial determination", makes recommendations for dealing with the wider implications of individual cases and for effectively tackling sources of inequality in pay structures and collective agreements and reaffirms its previous proposal for the enactment of a single consolidated equal treatment statute.

In its comments of December 1991, the TUC has pointed to the EOC's support for the concerns previously expressed by the TUC and, in particular, the TUC's proposals that an employer's existing job evaluation study should not operate as a bar to an equal value claim, and that an equal pay award to an individual applicant should be extended to all employees in the same employment who do the same or broadly similar work. The TUC has also reiterated its concern that the complexity and lack of clarity of the present legislation result in long delays in the determination of workers' rights.

The Committee notes from the report of the Government that the TUC and the CBI (Confederation of British Industry) had the opportunity to convey their views on the EOC's proposals and that these proposals, as well as similar proposals put forward by the EOC for Northern Ireland, are under active consideration by the Government. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to respond to these proposals.

3. The Committee notes from the report of the Government that in Great Britain women's average earnings (excluding overtime) in relation to men's have continued to rise over the last four years and increased appreciably from 76 per cent in 1989 to 78.2 per cent in 1991. In Northern Ireland, women's average hourly earnings (excluding overtime) rose from 78.6 per cent of men's in 1989 to 80 per cent in 1990. The Committee requests the Government to continue to supply statistical data illustrating the evolution of the wage differential.

4. The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report on the points raised in the previous direct request.

1. The Committee notes a number of relevant judgements transmitted by the Government with its report. As concerns the case of Clark and others v. Bexley Health Authority, in which the employers relied on the "material factor" that they had no choice in the matter of salary, because they were obliged to pay their staff neither more nor less than the salaries authorised by the Secretary of State for Health, the Committee notes that on 29 October 1987 the High Court reversed the tribunal's decision and referred the cases back to the industrial tribunal for them to be argued on their merits.

The Committee requests the Government to continue to supply relevant judicial decisions on the Equal Pay Act, and in particular on the developments in the case of Clark and others v. Bexley Health Authority.

2. In its previous comments, the Committee noted that the Government did not envisage any further measures to encourage the spread of job evaluation schemes. It notes from the Government's latest report that the Government believes that pay is essentially a matter for the parties concerned, but that the legislation requiring equal pay for work of equal value itself provides an important incentive to employers to operate job evaluation schemes, and that in practice there seems to be a steady growth of interest in job evaluation arising from the need for organisations to rationalise payment systems and free them of sex discrimination.

The Committee requests the Government to include with its next report information on the number and type of organisations that have introduced job evaluation systems in recent years. In this respect, the Committee refers to the data made available through the yearly New Earnings Surveys, which show that the average wage differential between men and women has remained constant since 1975, and requests the Government to indicate whether the review of the legislation carried out by the Equal Opportunities Commission has led to the adoption of measures to promote the application to all workers of the principle of equal remuneration, through the improvement and further development of job evaluation schemes or otherwise.

3. In its previous comments the Committee requested information on the number of experts on the panel for the Advisory Conciliation and Arbitration Service (ACAS), which examines complaints on job evaluations and on the average time from submission of complaints to their completion. It notes from the report that there are 15 experts on the panel, and that the average time between a tribunal asking ACAS to nominate an expert to submission of his or her report is ten months. In Northern Ireland, it notes that there are six experts on the Labour Relations Agency Panel, and that in the four cases so far carried out the time has varied from 12 to 41 months. The Committee also notes the comments by the TUC that this information confirms that this system introduces inordinate delays into equal value proceedings. Please continue to provide information on the workings of this system.

4. The Committee notes from the Government's report that a further tripartite meeting on equal pay matters, following the one held in May 1987, would not be useful at this stage, but that employers' and workers' representatives will have an opportunity to convey their views on the Equal Opportunities Commission's report. Please supply further information in the next report on measures taken, in pursuance of Article 4 of the Convention, in co-operation with the employers' and workers' organisations concerned for the purpose of giving effect to the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous observation, the Committee notes the information supplied by the Government in its report and the comments submitted by the Trades Union Congress (TUC).

1. The Committee notes with interest that the Sex Discrimination and Equal Pay (Offshore Employment) Order 1987, brings within the scope of the Equal Pay Act 1970 employment concerned with the exploration of the sea bed or subsoil or the exploitation of their natural resources. The Committee also notes with interest that in December 1988 the Government introduced new legislation into Parliament with a view to making it unlawful for employers to discriminate directly or indirectly on grounds of sex in connection with employment-related occupational pension schemes. It requests the Government to keep it informed of further developments in this connection.

2. The Committee notes from the Government's report that the Equal Opportunities Commission, which under section 53(1)(c) of the Sex Discrimination Act 1975 is required to keep under review the working of the Equal Pay Act 1970, and which may submit to the Secretary of State proposals for amending it, has issued a consultative document on the working of the Equal Pay Act 1970, entitled "Equal pay: Making it work", putting forward a range of options for improving the procedures for determining individual complaints in the industrial tribunal.

The Committee notes that the consultative document focuses on three broad issues: (i) the inadequacy of the Equal Pay Act to deal with discrimination against groups of workers, (ii) the procedures for determining individual complaints in the industrial tribunals, and (iii) matters arising with regard to substantive law. It makes proposals for changes with respect to multiple claims by groups of workers, individual claims, discriminatory terms in collective agreements, jurisdiction of tribunals, the role of independent experts in equal value claims, and the "material difference" defence under section 1(3) of the Equal Pay Act.

The Committee further notes the comments by the Trades Union Congress in a letter dated 29 January 1990 on the application of the Convention, and relating to the role of independent experts in equal value cases, the material difference defence under section 1(3) of the Act, the issues of class action and collective pay discrimination, discriminatory terms in collective agreements, and the question of finding male comparators for employees in totally female establishments. The TUC states that the comments and proposals put forward by the Equal Opportunities Commission in its consultative document accord very closely with the TUC's own views.

The Committee takes note of the Government's statement that it will consider carefully any firm recommendations that the Equal Opportunities Commission may make following consultations. It requests the Government to include in its next report detailed information on the results of the consultative process carried out by the Commission, on any recommendations it may make, and on the action taken or envisaged thereon by the Government.

3. The Committee recalls the earlier comments by the TUC that the Sex Discrimination Act, 1986, is deficient because it provides no collective means of challenging a discriminatory provision in a collective agreement, no enforcement machinery and no third party to decide on conflicts. It notes the Government's statement at the Conference Committee in 1988 that it sees major problems of principle and practice in providing for "class actions" such as those suggested, and believes that the traditional, established "test case" procedure is best, as employers would not refuse to apply more widely a decision taken on an individual case. This point of view is repeated in the Government's report, which notes that the Equal Opportunities Commission's report addresses the matter. In its most recent comments, the TUC points out the strong criticism by the Commission of the present legislation, noting that it has said that discriminatory terms usually affect groups, but only rarely affect individual women. It also indicates that the pressure that can be exercised by individual cases is not great, and does not provide an incentive to renegotiate discriminatory terms in collective agreements.

The Committee notes the concerns expressed by the TUC and the Equal Opportunities Commission, as well as the difficulties pointed out by the Government in changing fundamental principles of law. It hopes that the Government will be able to indicate in its next report whether, in fact, individual claims successfully brought against provisions of collective agreements have resulted in wider changes being implemented.

4. Further to its previous comments, the Committee notes that the Government has maintained its position that it sees no way in which employees in totally female establishments can compare themselves with men, either notionally employed at the same establishment or actually employed at other non-connected establishments. It notes the comments by the TUC that this should be possible, and that the problem has been solved in other countries. Noting that the Equal Opportunities Commission has also addressed this question, the Committee looks forward to receiving further information in the Government's next report.

5. The Committee is also raising certain other points in a request addressed directly to the Government.