Dynamite or Damp Squib?—An Assessment of Equal Value Law

Abstract

Recognising the potentially explosive impact of the law on equal pay for work of equal value, the article examines the ways in which the legislative framework itself, in combination with some far-reaching changes in the organisation of the labour market, has had a stultifying effect on this potential. It considers some key developments in UK case law and assesses the impact of some landmark decisions from the European Court of Justice. The article focuses on three specific areas. First, it examines new developments in job evaluation, where, despite a growing appreciation of the ways in which gender bias occurs, employers have retained the initiative, largely due to the ‘job evaluation bar’, which discourages close scrutiny by industrial tribunals. Second, the article looks at the legal defences available to employers, particularly the ‘market forces’ defence, and argues that such defences cut across the principle of equal pay, both substantively and procedurally. Third, the growth in merit payment systems and evidence of their potential gender bias is examined. The article concludes that equal pay law is in need of a fundamental overhaul if it is to meet the challenges of the contemporary labour market.

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