Trade unions, equal pay and the law in the UK

Abstract

Trade unions in the UK have traditionally followed a voluntarist strategy that has preferred collective bargaining and avoided the use of the law wherever possible. The exception to this has been in relation to the pursuit of equal pay between women and men. This article examines this apparent contradiction by examining the ways in which British trade unions have used the equality legislation in the past to secure equal pay through the courts. The article further considers recent legislative changes that, by adopting a reflexive approach, appeared to open up ways for equality bargaining to take place. Unfortunately the conclusion is not a positive one as political conservatism in relation to equality and judicial animosity towards trade unions have secured the status quo, ironically forcing trade unions to continue to use adversarial legal methods to pursue equal pay.

Equal pay bargaining in the UK local government sector

“…The agreement (known as the SSA) established a single pay and grading system for all employees within its scope and was designed to promote gender pay equality within local authorities (Bach et al, 2009). A growing body of literature has examined this context (Conley, 2013;Deakin et al, 2012;Rowbottom, 2007;Thornley, 2006;Wright, 2011). Prior to 1997, the pay and conditions of different groups of local authority workers (manual workers; administrative, professional, technical and clerical workers; and skilled craft workers) were determined by separate collective agreements known as the white book, the purple book and the red book.…”

“…Nevertheless, pushing for an EIA remains a key part of union approaches to equality bargaining (TUC, 2012). The fact that EIAs are likely to play a more diffuse role in complying with the General Duty has consequences for their significance as a lever within equality bargaining, since the formal legal mechanisms no longer directly legitimate their use (Conley, 2013;Conley and Page, 2010).…”

“…In recent years, however, legal regulation has increased and anti-discrimination law has become a key source of individualised employment rights. Trade unions have increasingly made use of the litigation to promote equality objectives (Conley, 2013). However, in the context of an individualised private law model, the use of legal redress in collective strategies is not straightforward due to the limited direct impact beyond individual cases (Conley, 2013).…”

“…Trade unions have increasingly made use of the litigation to promote equality objectives (Conley, 2013). However, in the context of an individualised private law model, the use of legal redress in collective strategies is not straightforward due to the limited direct impact beyond individual cases (Conley, 2013). While new regulatory techniques have shown promise in facilitating equality bargaining, the emphasis of legal regulation continues to be on individual rights and remedies.…”

Do Unions Promote Gender Equality?

“…Conley associates this tool with the decentralized system of collective agreements in the United Kingdom, which also contributes to similar results in the United States. 112 In Israel the system of collective agreements is more centralized: there are extended sectorial collective agreements. The corporatist Israeli structure could therefore explain in some part, the unions' reluctance and even resistance to use legislation to provide equal pay.…”