Last week the Government launched a consultation on proposed changes to the law relating to equal pay.
Currently equal pay legislation requires that employers must pay the same to men and women doing the same or similar work. This requirement was first brought in via the Equal Pay Act 1970 and whilst undoubted progress has been made in equalising pay between men and women it is a sad fact that a stubborn pay gap continues to exist.
The Government is therefore looking at ways to close that gap even further including;
- introducing a statutory requirement for employers to publish information about pay and conditions in job adverts
- strengthening measures applying to employers found to have committed pay discrimination, or where there is reasonable suspicion of pay discrimination
- reinstating a statutory questionnaire procedure to be used in pay discrimination cases only
- widening the tribunal duty to order an equal pay audit after a finding of an equal pay breach: all exceptions would be removed save where a compliant audit has been completed in the previous three years.
- requiring the tribunal to order a non-discriminatory job evaluation scheme where it has found pay discrimination.
- establishing a new Equal Pay Regulatory and Enforcement Unit (EPREU), with potential powers to require disclosure of evidence, audits and job evaluation schemes
The Government also wishes to explore expanding equal pay legislation to cover race and disability, as well as sex. This would mean that race and disability pay claims could be brought based on the employees doing the same or equivalent work.
This would be another big shake up of employment legislation as we rapidly approach the 1 January changes to unfair dismissal laws. The consultation closes on 27 October 2026 and anyone wishing to respond to the consultation can do so here.
If you have any queries regarding equal pay or this consultation please contact our team on 0345 646 0406 or fill in our online enquiry form and will be more than happy to assist.