Rediscovering the collective application of the Equal Pay Act

Abstract

Purpose The purpose of this article is to examine the proposal adopted by the Equal Opportunities Commission (EOC) that employers undertaking an equal pay review should be permitted a “protected period” during which its employees would be prohibited from taking equal pay claims to law. This proposal is considered against recent collective agreements in local government and National Health Service, and where equal pay claims have been made by employees either with the support of the unions that are party to the collective agreement or more critically with external legal support. Design/methodology/approach Information is drawn from the EOC, from employer and trade union sources, and decisions of the employment tribunals and courts. Findings The outcome of the unstructured mix of collective bargaining and litigation shows a pattern of delay, uncertainty, added conflict between involved parties and pressure, making resource adjustments that initially were to be avoided. Research limitations/implications The research has been undertaken as the collective agreements are being implemented. As the initial hearings of claims are not complete and there are opportunities for appeals against initial judgments, the descriptions here are unlikely to provide a settled account. Originality/value The EOC proposal is given support but shown to need further institutional support. In that regard the opportunity is taken to consider a possible alternative form of adjudication of “collective” equal pay issues. It is proposed to facilitate an extended version of a former jurisdiction of the Central Arbitration Committee.

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