Today, UNISON published a new study arguing that large employers should be required to check their pay structures every three years to ensure women are being treated fairly.
'Fixing Equal Pay Law: From Endless Litigation to Fair Pay by Design' was commissioned by UNISON and written by Professor Catherine Barnard, with Harry Armstrong and Oliver Friend Smith (11KBW), at the University of Cambridge.
The study concludes the current equal pay system is "not fit for purpose". It relies too heavily on workers taking lengthy and complex legal action against employers suspected of breaking the law. Instead, the authors say employers should be required to assess wage structures across their organisations on a regular basis and take action to prevent unfair differences in pay.
In recent years, local government, NHS and education bodies have settled huge back pay claims made by low-paid women that could have been avoided had employers reviewed pay practices sooner, UNISON says. In many cases, men were being paid considerably more than women for work of equal value. Some cases – including a £770m settlement for 19,000 cleaners, caterers, carers and other staff at Glasgow City Council – took more than a decade to resolve.
The report says workers often lack the information needed to know whether they are being paid fairly, while employers holding relevant data rarely review it and often refuse to share it.
Reflecting on the research, Professor Barnard said:
"The current system of pay, dating back to 1970, fails to deliver for many women... They're currently dependent on expensive and stressful litigation, often funded by unions, to get equal pay.
Our report proposes a proactive approach requiring employers to consider their pay scales on a regular basis. This will deliver not just equal pay but fair pay."
Our report proposes a proactive approach requiring employers to consider their pay scales on a regular basis. This will deliver not just equal pay but fair pay. Professor Catherine Barnard
UNISON general secretary Andrea Egan said:
"Women shouldn't be spending years fighting through the courts for money they were due long ago. It's time to end this injustice.
Equal pay laws have existed for more than half a century, yet major cases involving councils and other public bodies show the system still isn't working as it should.
Ministers now have an opportunity to create a system that prevents unfair pay at source rather than simply dealing with the consequences."
Related links
- UNISON Press release
- 'Fixing Equal Pay Law: From Endless Litigation to Fair Pay by Design' Executive summary
- UNISON Legally Speaking Podcast