Equal pay pack
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Transcript of Equal pay pack
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Unite Action Plan
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“Unite is at the forefront of the trade union campaign to achieve equal pay. It is vital thatequal pay is at the centre of collective bargaining. Unite reps have a key role in ensuringthat progress is made towards closing the gender pay gap.
This Unite action pack on equal pay sets out the union’s policy and action points for allworkplace reps and for reps who are responsible for negotiating pay. The action pack hasbeen produced to help you negotiate with employers on equal pay and I would urge you tomake full use of the document. Achieving equal pay is important to everyone as it affectsfamily incomes.
Working together we can make a difference, close the gender pay gap and ensure thatworkers do not continue to suffer pay discrimination.”
Siobhan EndeanNational Officer for Equalities
“It was in 1888 that the trade union movement first agreed to organise for equal pay. Theright to equal pay only became law in 1970, and in the 21st century, we are still strugglingfor pay justice. All the major advances in equal pay have been achieved by trade unions -the Ford equal pay struggle led to the Equal Pay Act and the long running SpeechTherapists case also made a big difference – both are a proud part of the history of Unite.
We have researched the pay gap between men and women long enough. Now is the timeto close it. The pay gap in trade union organised workplaces is smaller than where there isno union, but we can do more. Please use this action pack to play your part. Thank you.”
Diana HollandAssistant General Secretary
Transport – Equalities - Food
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CONTENTSPage
Poster – Ford Sewing Machinists 4
Poster – Speech Therapists 6
Pay-Up! Checking Equal Pay in Your Workplace 7
First Steps to Equal Pay – How does your workplace measure up? 7
Why We Need to Conduct Equal Pay Audits? 8
Arguments to the Employer for Conducting an Equal Pay Audit 8
How to carry out a full Equal Pay Audit
Preparing for an Equal Pay Audit 12
Unite Review of Pay Systems as part of Equal Pay Audit 13
EP1 – Unite pre-audit Questionnaire on Equal Pay 14
EP2 – Model Employer/Unite Review of Pay Systems 15
EP3 – Checklist for Workplace Practices that can be Unlawful 16
EP4 – Unite Checklist for Analysing Equal Pay Audit 17
EP5 – Unite Checklist for Looking for the Potential Causes of the Gender Pay Gap in the Workplace for Unequal Pay 18
EP6 – Unite Guide to Checking for Equal Pay for Men and Women performing “Like Work” 20
EP7 – Checking Equal Pay for Men and Women performing work of “Equal Value” 21
EP8 – Unite Reportback Form 22
Unite Model Agreement on Equal Pay 23
Representing Members on Equal Pay 24Equal Pay Law 25
Bargaining for Equal Pay – Unite Equal Pay Negotiators Checklist 28
Did You Know? - Unite Equal Pay Facts 29
PROMOTING FAIR PAY FOR ALL 34Fair Pay and Equality Audit Checklist 34
Useful Resources and Contacts 36
Unite Contacts 37
SpeechTherapists25 years of strugglefor Equal Pay
Pam EnderbyVictorious Campaigner
The speech therapists claims were made in1985 and were resolved 15 years later.
Unite the union, Unite House, 128 Theobalds Road, Holborn, London WC1X 8TN
www.unitetheunion.org
PAYUP!CHECKING EQUAL PAY INYOUR WORKPLACEIntroductionFor decades trade unions have made greatstrides in advancing equal pay for women.Their struggle has narrowed the pay gapbetween men and women workers over theyears, and led to many achievementsincluding the Equal Pay Act, now part of theEquality Act 2010, Equal Pay Act 1970 inNorthern Ireland and Employment EqualityAct 1998-2008 in the Republic of Ireland. Allthese achievements are under threat fromthe global economic crisis, the ConDemgovernment’s attacks on working womenand men, the Eurozone crisis, and ourstruggle for equal pay goes hand in handwith our struggle for the alternative.
Despite progress in women’s pay, men stillearn on average 19% more than women.They earn 16% more than women full-timeworkers and 35% more than women parttime workers. The gender pay gap is worsein the private sector than in the publicsector. Black, Asian and ethnic minoritywomen, disabled women, younger andolder women, lesbian and trans women andthose with caring responsibilities are facedwith double discrimination which can alsoadversely affect pay.
Work done by many women is undervalued,and reps need to be aware that equal payrights apply to jobs that make equaldemands on men and women workers. Thismeans that they do not need to be doingthe same job to use equal pay law.
Unite has been and will continue to be atthe forefront of this struggle until this payinequality, a direct result of sex discrimination,is eliminated. Our campaign is for :
stronger equal pay law
mandatory Equal Pay Audits
transparency in pay systems
statutory rights for Union Equality Repsto support action on equal pay
enhanced maternity/carers rights so thatwomen do not lose out when they have ababy/are fulfilling their caringresponsibilities.
Women deserve equal pay at work and inretirement, and as Union Reps byaddressing unequal pay you can organise todeal with other pay inequalities betweenworkers and for fair pay for all.
FIRST STEPS TO EQUALPAY How does your workplace measure up?
1. Are there more women than men inlower grade jobs?
2. Are there more men than women inhigher grade jobs?
3. If you have a job evaluation scheme, is itmore than 5 years old?
4. Do men and women have equal access tobonus, overtime, pension other pluspayments?
5. Are part-time workers paid fairly whencompared on an hourly basis?
6. Have you carried out an Equal Pay Auditin your workplace?
If the answer to any of the above is NO, youare likely to have equal pay issues in yourworkplace. Please use EP1 on page 14 tohelp you find out.
If the answer is YES to all the abovequestions, it is still important to be vigilantand carry out regular equal pay audits.
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1 ONS – Economic and Labour Market Review, No. 3, March 2011Updates can be on www.ons.gov.uk and www.unitetheunion.org/equalities
The speech therapists claims were made in1985 and were resolved 15 years later.
Unite the union, Unite House, 128 Theobalds Road, Holborn, London WC1X 8TN
www.unitetheunion.org
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WHY WE NEED TOCONDUCT EQUAL PAYAUDITS?Despite having equal pay legislation forover 40 years, there is still a gender pay gapof 19% between men and women workers.
The pay gap is worse for part-time workersbut full-time women workers suffer a paygap too.
Women full-time workers suffer a pay gapof 16%
Women part-time workers suffer a paygap of 35%
Over a lifetime, on average a woman loses£361,000 in gross earnings
Equal pay is an important trade union issueand Unite strongly believes that we musttackle this inequality and tackle IT now.
Reasons for Unequal Pay
There have been many studies setting outreasons why women workers continue tolose out on pay. The following are some ofthe main reasons:
Sex discrimination
Gender Job segregation – men and womenconcentrated in different jobs
Lower paid jobs from a young age –concentration of young women in lowerpaid jobs
Caring responsibilities affecting women’schoices and opportunities
Complicated equal pay legislation
Lack of transparency in pay systems forimplementing equal pay
Social and economic policy measureswhich have not kept pace with women’schanging role in the labour market
Unite has often found that women aresegregated in the workplace both in thetype of work that they do and by remainingon the lower grades. Many Officers andUnite Reps have found that Equal Pay
Audits have been very effective in findingout if there is unequal pay between menand women in the workplace, identifyingthe reasons for the discrepancies and usingthe information to negotiate for equal pay.
The information in this Action Pack willassist all Unite Reps including UnionEquality Reps, in negotiating with theemployer to find out what the situation isin the workplace, how to go about tacklingunequal pay between men and women andensuring that pay systems are transparent.
ARGUMENTS TO THEEMPLOYER FORCONDUCTING AN EQUALPAY AUDITConducting an equal pay audit will assistthe employer in ensuring they are not inbreach of the Equality Act 2010 and thatthey are treating women and men equallyand fairly in the workplace. Also, the EHRCrecommends that the most effective wayto eliminate discrimination is to carry outan equal pay audit.
There are 5 strong arguments for equal paythat can be made:
1) UNEQUAL PAY IS UNLAWFUL IN THE UKAND IRELAND – Under the Equality Act2010 employers must give equaltreatment to men and women in thesame or similar employment. Theemployer can therefore be taken toEmployment Tribunal if women and menin like work, work that is rated asequivalent or doing work of equal valueare not treated equally.
In Northern Ireland legislation providesfor equal pay for like work, work rated asequivalent or work of equal value.
In the Republic of Ireland theEmployment Equality Acts 1998–2008provides for equal pay for the same,similar or work of equal value.
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2 ONS – EHRC – Parliamentary Briefing, Equality Bill 2010
2) RECRUITMENT AND RETENTION –Women are more likely to apply for andstay in a job where they receive good payon the same terms and conditions asmen doing like work, work that is ratedas equivalent or work of equal value.
3) EMPLOYER OF CHOICE ◊ Women willchoose to be in a workplace where theyare valued and the organisation will havea positive image for its customers,clients and the community.
4) USING THE INFORMATION TO IMPROVETHE ORGANISATION ◊ employers can usethe information from the pay review toimprove procedures and practices toeliminate discrimination and ensurethey are using all the talents and skills ofa diverse workforce.
5) WORKING WITH THE UNION TO BUILDCONFIDENCE AND TRUST – conducting the pay audit, workingjointly with the union and addressingany issues will assist in building trustand confidence in the pay gradingsystem and avoid costly and lengthyequal pay claims.
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1. Pay audits were carried out in the food and drink industry, which resulted in majorimprovements for women members.
Food Distribution CompanyDuring the course of a pay audit, it was discovered that 85 people (90% women)were doing a job where the pay rate varied between £8-24. After negotiations, theCompany agreed to equalise pay on the grade over a period of time.
FinanceAn equal pay audit revealed some pay anomalies at senior levels, but the major issuewas the concentration of women in the lower grades and their under-representationin senior management. After negotiations, an action plan was drawn up in whichincluded a commitment to carry out regular equal pay audits, regular monitoring ofstarting salaries and managerial guidelines on equal pay.
Chilled Food Company12 canteen workers (women) were found to be paid at a rate that was not evenincluded on the pay scale. Following negotiation, this situation was rectified andthey received an extra £1.63 per hour pay rise and £480 back pay.
EXAMPLES OF HOW EQUAL PAY AUDITS CAN MAKE ADIFFRENECE
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2. Conducting job evaluation schemes have proved to be a successful way of improvingequality in the pay structure.
Cleaning CompanyAlthough tribunal claims for equal pay were lodged, the company agreed to do a jobevaluation. In agreement with the union, ACAS trained all the representativesinvolved in drawing up the scheme and the Company also agreed to paid release forthe Union Reps and other members (mainly women) to go on an assertiveness andconfidence-building course to assist with job descriptions and understanding equalpay and equal value.
Using a job evaluation scheme tailor made for their workplace, the women workersbenefited enormously in their pay rate. Job evaluation schemes which have notbeen specifically designed for a particular workplace tend to undervalue wok doneby women.
3. Even a basic look at the job content, rather than the job title can result in womenbeing put on a higher pay scale.
Metal FactoryAn Officer went into a Company where there were predominantly women workersand found that the vast majority of line workers (women), who were doing a skilledjob of putting together the components, were on a lower grade than the man whomoved the finished product from their area to another area.
The comparators were chosen and the women’s job titles changed and the gradeswere increased.
PrintThe Union took the employer to the tribunal when in comparing table hands’ jobs(women) with guillotine operators’ jobs (men), found that the women were on thebottom grade and the men on the top grade. In a settlement at the tribunal it wasagreed to conduct a job evaluation exercise. The women’s jobs were found to be ofequal value.
4. Campaigns covering whole industries on low pay and equal pay can result in improvedpay for women.
Local GovernmentA commitment was won by the Union from the Ministry of Defence and theUniversities for equal pay for work of equal value, covering 220,000 employees.
Contract Cleaning CompanyFifteen women, all union members, working on the evening shift, won equal pay andover £4.80 an hour after discovering their male colleagues were being paid morethan them. They found that the men on the day shift were paid £5.06 an hour, 74pmore than they were getting and called in the Union. The company settled beforethe case got to the industrial tribunal.
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5. Negotiating for equality for part-time workers invariably improves pay for women.
Local GovernmentUnion negotiated Single Status agreements in local government gave an 8.4%increase for 400,000 women part-time workers in 1999.
BookstoreAfter a part-time member had put in a claim for equal pay with her full-timecolleagues, the Company initially argued that there were differences between therole and responsibilities of part-time and full-time employees. The Company theneffectively conceded the argument by equalising full-time and part-time rates aspart of the annual pay review. A settlement for the member was agreed days beforethe tribunal hearing and the agreement committed the Company and the Union totackling all equal opportunities issues through negotiation.
6. Equal pay audits can identify unequal pay among other workers
TransportThe Company signed an agreement with the Union to have an annual equal payaudit “health check” of overall basic pay and earnings; have an in-depth 3-yearlyequal pay audit; continue monitoring of equality and pay; equality proofrecruitment, promotion, progression, training and other HR processes as well asdevelop the audit in relation to ethnic origin, disability and age.
NHSThe Company’s job evaluation scheme was designed to ensure all jobs wereevaluated fairly without any bias but the Union found that discretionary pay pointsin nursing were awarded in a way that seemed to discriminate against black, Asianand ethnic minority staff. Now the union is involved at every stage of decisionmaking and implementation.
7. Negotiating on equal pay can lead to formal joint working
Car industryAudits have taken place at a car manufacturing plant every year after the unionapproached the company with the idea. Managers and Union Reps were trainedtogether. The site has now an Equal Pay Review Committee including Union Repssupported by the union officer.
HealthNational negotiations led to setting up of a joint Knowledge and Skills Frameworkto make sure the union was involved at all stages of pay auditing and that there isjoint training, joint leads on job evaluation and joint reviews.
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PREPARING FOR ANEQUAL PAY AUDITStep by step guide to conducting an EqualPay Audit in your workplace
Step 1Look at the ‘Unite pre-audit questionnaireon equal pay’ [EP1] and from yourknowledge, complete the form.
If you are not sure of any of the answers,contact your local officer and RegionalWomen’s and Equalities Organiser forassistance.
Step 2If ANY of the answers to the ‘Unite pre-audit questionnaire’ are ‘NO’ then go tonext stage.
If ALL of the answers are ‘YES’ thencontinue to monitor all policies andpractices for equal pay on a regular basis.To be certain that there are no equal payissues, you may want to continue to thenext stage.
Step 3 Using the information in ‘Arguments to theemployer for conducting an equal payaudit’ and the EHRC Code of Practice,negotiate with the employer to conduct ajoint equal pay audit in your workplace.
If the employer AGREES then go to nextstage.
If the employer DOES NOT AGREE to anequal pay audit, you can still go to the nextstage, but may need to use the ‘ACAS Codeof Practice on disclosure of information totrade unions for collective bargainingpurposes’.
Carrying out an Equal Pay Audit
Step 4 Use the ‘Unite individual worker detailsform for equal pay audit’ [EP2] and‘Unite collective workers details form forequal pay audit’ [EP3] as a guide to findingout as much information as you can abouteach worker’s pay, grade and benefits. Note: you may wish to do this onedepartment/section at a time.
Analysing the information to check forpatterns of Unequal Pay
Step 5 Using the ‘Unite checklist for analysing anequal pay audit’ [EP4)] and ‘Unite checklistfor looking for the potential causes of thegender pay gap in the workplace’ [EP5] lookfor any patterns of unequal pay betweenmen and women and find out if there areany reasons for this, other than gender.
Taking action to close the gender pay gap
Step 6Using the evidence gathered, arrange ameeting with the employer to negotiatehow the pay inequality between womenand men will be addressed, both in relationto individual cases and group cases. Thisshould be done through your normalnegotiating channels, which may includeyour local officer. You may also find ithelpful to involve your Regional Women’s &Equalities Organiser.
Step 7If the employer agrees to negotiate withyou to address unequal pay, so that the payrate of the women workers is brought up tothose of the men (which may include backpay), then continue to monitor and evaluateand put policies and practices in place toavoid similar problems in the future.
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How to carry out an Equal Pay Audit
If the employer DOES NOT AGREE toaddress the problems, then go to the nextstage.
Step 8 Use the ‘Unite guide to checking for equalpay for men and women performing “likework” “[EP6] and/or the ‘Unite guide tochecking for equal pay for men and womenperforming work of “equal value” ‘[EP7].Your local officer and Regional Women’s &Equalities Organiser can assist.
If you find evidence which you think may beSex, Race, Disability or Part-time workerdiscrimination, you may also wish to lookinto using the Equality Act 2010 fordiscrimination in these areas.
UNITE REVIEW OF PAYSYSTEM AS PART OFEQUAL PAY AUDITUsing EP1 and EP3 Unite worker detailsforms
Unite recommends that a review of the paysystem should the undertaken as the nextstep. By conducting a pay system review,the Union and the employer will be able touse this information to find out any genderpay issues in the workplace. The employershould be encouraged to initiate andcooperate with the pay system review andthe equal pay audit as they will then be in aposition to know whether or not they are inbreach of the Equality Act 2010 and goodequal pay practice.
We recognise that all workplaces aredifferent, not least in terms of size. UniteReps may find it useful to collateinformation and conduct a pay systemreview on a department/section basis.Unite Reps will need to find out as much ofthe following details as they can on therelevant workers. Some of the informationcan be obtained directly from the employer.Other information may need to be collectedby the union. EP1 and EP3 individual andcollective worker details forms can helpwith this.
Information collected should cover:
Gender
Job Title
Grade / pay bands
Race and Ethnic Origin
Disability
Part-time or full-time, agency ortemporary worker
Basic Pay
Starting pay on appointment
Performance Ratings and performancerelated pay
Any other elements of remunerationincluding overtime, bonuses, piece-work,profit share etc.
Refer to EP2 Unite Individual WorkerDetails Form for Equal Pay Audit and EP3 Unite Collective Worker Details Formfor an Equal Pay Audit.
Note: It may not always be possible to getall the details, so do not worry if there aresome gaps. Make sure women workers aswell as men workers are encouraged to beinvolved.
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EP1UNITE PRE-AUDIT QUESTIONNAIRE ON EQUAL PAY
COMPANY/ORGANISATION
If you do not know the answers to any of these questions then please contact your officerfor assistance and the Regional Women’s & Equalities Organiser
1. Is there a jointly negotiated policy on equal pay? Yes No
2. Has the equal pay policy been communicated to Yes Noeveryone in the workplace?
3. Is there someone responsible for the implementation Yes Noof the policy?
If ‘yes’, please give name/title ………………………..
4. Has an equal pay audit been carried out to establish Yes Nowhether there is a gender pay gap, in line with the EHRC Code of Practice on Equal Pay?
If ‘yes’ have steps been taken to close the genderpay gap
5. Is there a single job evaluation system that covers Yes Noall employees, to determine who is performing equal work?
If ‘yes’ how long ago was this undertaken less than 5yrs More than 5yrs
6. Was the union involved in the job evaluation Yes No
If the answer to all of these questions is ‘YES’ then the key steps have been taken by theemployer to address the question of equal pay. [Note: The Union should continue to beinvolved in monitoring and reviewing all aspects of the pay system for inequalities].
‘No’ answers to any questions, but particularly 4 and 5 indicate that more needs to bedone to find out if there is a gender pay issue in the workplace. An equal pay audit willhelp to determine whether there is a gender pay gap.
If you do not know the answers to any of these questions then please contact your officerfor assistance and the Regional Women’s & Equalities Organiser.
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EP2MODEL EMPLOYER/UNITE REVIEW OF PAY SYSTEMS
EMPLOYEE DETAILS FORM
DEPARTMENT/SECTION:
EMPLOYEE NAME
GENDER
JOB TITLE
GRADE/Pay Band
ETHNIC ORIGIN
AGE BAND16-27 (A)27-55 (B)55+ (C)
DISABILITY
PART TIME OR FULL TIMEAGENCY OR TEMPORARY
BASIC WEEKLY PAY
BASIC HOURLY PAY
IS PAY RELATED TOPERFORMANCE RATINGS?
ACCESS TO OVERTIME
How regular?
ACCESS TO BONUSES/PROFITSHARE
How regular?
ACCESS TO PENSIONS
White British %, White British %, White European/Central European %,White Other %
Black/Black British African %, Black/Black British Caribbean %,Black/Black British Other %
Asian/Asian British Indian %, Asian/Asian British Pakistani %,Asian/Asian British Bangladeshi %, Asian/Asian British, Chinese %,Asian/Asian British Other %
White and Black Caribbean %, White and Black African %, White andBlack Asian %, Any other dual/multiple ethnic background %
Arab %, Any other ethnic group %
ABC
YES/NO
YES/NO
Daily/Weekly/Monthly/less often
YES/NO
Daily/Weekly/Monthly/less often
YES/NO
EP3CHECKLISTWorkplace practices that can be unlawful
Different rates of pay for men and women
Different shifts for men and women
Black, Asian and ethnic minority workers on the night shift
Job segregation for disabled workers
Seniority or last-in, first-out indirect discrimination
UNITE PAY & EQUALITY AUDIT OF CURRENT WORKFORCE
The following is an example of a basic form which could be used to conduct an equalityaudit to get a picture of the workplace and identify potential discriminatory practices andissues to address.
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NUMBER OF
Grade/PayBand Men Women BAEM
WorkerDisabledWorkers
Aged26 andUnder
Aged50+
P/TWorkers
P/TWorkers
Total
Men Women
TOTAL
%
*An equality audit needs to include relevant info for your workplace. Therefore, you mayneed to add columns to include e.g. Migrant Workers, Agency Workers, LGBT Workers orspecific religions.
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EP4UNITE CHECKLIST FOR ANALYSING AN EQUAL PAY AUDIT
Using the information you now have from the ‘Unite individual worker details form forequal pay audit’ [EP2] and ‘Unite collective workers details form for equal pay audit’ [EP3],carry out a review of the pay systems as part of the equal pay audit, to check to see if anyof the following statements are correct:
On average, earnings for women are lower than men in each grade/pay band YES /NO
On average, there are more women than men in the lower grade jobs YES/NO
On average, there are more men than women in the higher grades YES/NO
On average, women remain longer in the same grade than men YES/NO
On average the starting pay on appointment for women is lower than YES/NOmen on appointment
Men and women doing the same or a similar job are not on the same pay YES/NO(See EP6, Unite guide to checking for equal pay for men and womenperforming “like work”)
Men and women doing different but equally demanding jobs are not on YES/NOthe same pay (See EP7, Unite guide to checking for equal pay for menand women performing work of “equal value”)
It is mostly men who have access to overtime and bonuses YES/NO
On average, overtime and bonus pay for women is lower than men in each YES / NOgrade/pay band
There are big differences in pay in different departments YES/NO
There are people on the same grade who are getting different levels of pay YES/NO
When you calculate pay on an hourly basis, part- time workers are not YES/NOgetting the same pay as full-time workers
EP4UNITE CHECKLIST FOR ANALYSING AN EQUAL PAY AUDIT
Using the information you now have from the ‘Unite individual worker details form forequal pay audit’ [EP2] and ‘Unite collective workers details form for equal pay audit’ [EP3],carry out a review of the pay systems as part of the equal pay audit, to check to see if anyof the following statements are correct:
On average, earnings for women are lower than men in each grade/pay band YES /NO
On average, there are more women than men in the lower grade jobs YES/NO
On average, there are more men than women in the higher grades YES/NO
On average, women remain longer in the same grade than men YES/NO
On average the starting pay on appointment for women is lower than YES/NOmen on appointment
Men and women doing the same or a similar job are not on the same pay YES/NO(See EP6, Unite guide to checking for equal pay for men and womenperforming “like work”)
Men and women doing different but equally demanding jobs are not on YES/NOthe same pay (See EP7, Unite guide to checking for equal pay for menand women performing work of “equal value”)
It is mostly men who have access to overtime and bonuses YES/NO
On average, overtime and bonus pay for women is lower than men in each YES / NOgrade/pay band
There are big differences in pay in different departments YES/NO
There are people on the same grade who are getting different levels of pay YES/NO
When you calculate pay on an hourly basis, part- time workers are not YES/NOgetting the same pay as full-time workers
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EP5UNITE CHECKLIST FOR LOOKING FOR THE POTENTIAL CAUSES OF THE GENDER PAY GAPIN THE WORKPLACE
If you have answered yes to any of the statements in ‘Unite checklist for analysing anequal pay audit’ [EP4], the following may assist you in finding the potential cause(s).
RECRUITMENT & PROMOTION
Are women recruited at the same Yes % No %salary levels as men?
Are women promoted into jobs at the Yes % No %same points as men?
RED AND GREEN CIRCLING
What are red and green circling?
Red circling protects the pay of individuals whose job is downgraded followingreorganisation/grading review/job evaluation scheme. Green circling phases in upgradingas a result of grading review or restructuring.
Have men and women been equally Yes % No %affected by red circling?
Have men and women been equally Yes % No %affected by green circling?
Is there a reasonable time period Yes % No %covering red or green circling?
SALARY PROGRESSION
Do men and women in the same or Yes % No %similar work, or in the same gradeor band, receive equal pay increases?
If the pay structure includes increments, Yes % No %do women on average progress at thesame rate as men?
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If there are reasons for progression, Yes % No %do men and women pass through inequal proportions?
PERFORMANCE PAY
Are all groups of workers included Yes % No %in performance pay systems, i.e. part-timers, temporary and casual workers?
Have those involved in designing the Yes % No %performance pay system been trained inavoidance of gender bias?
Are performance targets/assessments/ Yes % No %ratings/pay regularly monitored bygender and by full/part-time status?
Are performance pay schemes checked Yes % No %for their impact on women on maternityleave?
ADDITIONAL PAYMENTS AND BENEFITS
On average, do men and women have equal Yes % No %access to additional payments such as overtime and bonuses?
Do men and women have equal access to Yes % No %benefits such as company cars, medicalinsurance, childcare assistance etc.?
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EP6UNITE GUIDE TO CHECKING FOR EQUALPAY FOR MEN AND WOMEN PERFORMING“LIKE WORK”
Identify all the jobs in the organisationwhich are being performed by both menand women. These jobs should involvework which is the same or broadly similar.
NOTE: You will need to speak to theworkers and ask them to tell you all theelements of their job, whether or nottasks are undertaken on a daily basis.Union training can help with this.
Calculate the average basic pay andaverage earnings of (a) the men doingeach job and (b) the women doing thesame job. Where hours worked aredifferent, for example, when you arecomparing part-time workers with full-time workers, calculate the averagehourly basic pay and average hourlyearnings
Compare the average hourly basic payand hourly earnings of men and womendoing the same job.
These comparisons will help to establishwhether there is equal pay where men andwomen are performing “like work” -provided the jobs are the same or broadlysimilar.
The employer will need to explain andobjectively justify any differences.
NOTE: Make sure you get in writing.Justifications will need to be made in fullfor reasons other than gender. Unlessthis can be done, this indicates that theywill not be an equal pay employer andmay be vulnerable to equal pay claimsfrom the workforce.
Market RatesThe most common justification is marketrelated pay, Some employers use specificmarket data to determine the pay levelsfor some or all employees, often seniormanagers but also employees in sectorswhere there is competition for the skillsof those employees.
Differences in labour market rates can bean employer’s defence to an equal payclaim, but only where it can be shown:
That market factors were genuinely takeninto account when setting the highercomparator rates, and not simply putforward as a justification for the paydifference afterwards.
That the market factors are still relevantat the date of any claim; and
That market factors account for all thepay gap, not just part of it.
PLEASE NOTE: For simplicity, this audituses averages for pay comparisons.Remember that such average pay statisticsmay conceal unequal pay betweenindividual women and men. Nor does thissimple “like work” check address thepossibility of unequal pay between womenand men performing different jobs that are,nonetheless, “equal work”.
The employer can only be confident if theydetermine which women and men in theworkplace are performing “equal work” andcarry out a full pay audit in line with theEHRC Code of Practice.
NOTE: If you do idenfity an equal pay legalcase, your local officer and regionalwomen’s and equalities organiser can assistand make sure you contact them.
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EP7CHECKING EQUAL PAY FOR MEN ANDWOMEN PERFORMING WORK OF “EQUALVALUE”
1. Identify the grades of work being carriedout by both men and women.
2. Calculate the average basic pay andaverage earnings of (a) the men in eachgrade and (b) the women in the samegrade. Where hours worked aredifferent, for example, when you arecomparing part-time workers with full-time workers, calculate the averagehourly basic pay and average hourlyearnings.
3. Compare the average hourly basic payand hourly earnings of men and womenin the same grade.
These comparisons will help enable theUnion and the Employer to establish if theyare paying equal pay for men and womenperforming “work that is rated as equivalent”and for work of broadly “equal value”.
Explain and objectively justify anydifferences. You need to be able to justifyany differences in full by the influence offactors other than the sex. Otherwise thefindings indicate that they are not anequal pay employer and may bevulnerable to equal pay claims from theworkforce.
Remember that statistical comparisonsbased on averages may conceal unequal paybetween individual women and men.
Unite recommends that tailor-made jobevaluation schemes, with maximum tradeunion input, are undertaken to assess andcompare the value of different jobs.
NOTE: If you do identify an equal pay legalcase, your local officer and regionalwomen’s and equalities organiser can assist
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EP8 UNITE REPORTBACK FORM
Please send in a copy at each stage of the Equal Pay Audit. Thank you.
Name of Employer
Union Rep/s involved (Name/Tel/email/address)
Regional Industrial Organiser
Regional Women’s & Equalities Organiser
We have approached the employer about conducting an Equal Pay Audit YES NO
The employer has agreed to carry out a joint Equal Pay Audit YES NO
Training for union/employer representatives has been arranged YES NO
The Equal Pay Audit has been carried out YES NO
The Equal Pay Audit has revealed a gender pay gap. YES NO If yes, of how much?
The causes of the Gender Pay Gap have been identified. YES NO If yes, what are the causes?
Action to close the gender pay gap has been agreed. YES NO If yes, what has been agreed?
Thank you. Please use this Reportback Form to assist you and send it to your RegionalWomen’s and Equalities Organiser and also to Siobhan Endean, National Officer forEqualities, at: Unite the union, 128 Theobalds Road, London WC1X 8TN.
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UNITE MODELAGREEMENT ON EQUALPAYStatementThe Union and the Organisation arecommitted to equal pay for men and womenand equal opportunities in employment.
We recognise that we have a responsibilityin relation to equal pay under the EqualityAct 2010 and related Code of Practice.
The Equality Act 2010 provides for equalpay between women and men in the sameor similar employment by giving a womanthe right to equality in the terms of hercontract of employment where she isemployed on:
like work to that of a man or
work rated as equivalent to that of a manor
work of equal value to that of a man,hereafter referred to as equal work
We agree that it is in our Organisation’sinterest and good business practice thatpay is awarded fairly and equitably.
We recognise that in order to achieve equalpay for employees doing equal work weshould operate a pay system, which istransparent, based on objective criteria,and free from sex bias. Where unequal payis identified, we will seek to remedydiscrimination by increasing the pay ofunderpaid employee(s) to that of thehigher paid comparator.
Action to implement policyIn order to put our commitment to equalpay into practice we will work with theUnion to:
examine our existing and future paypractices (including additional payelements), in line with the EHRCReviewing or Auditing Pay in the Code ofPractice. All our employees will becovered, including those in non-standardemployment and those who are absent onpregnancy and maternity leave
carry out regular monitoring of theimpact of our practices, including raceand ethnic origin, disability and age, aswell as gender
inform employees of how these practiceswork and how their own pay is arrived at
provide training and guidance formanagers and supervisory staff involvedin decisions about pay and benefits
discuss and agree the equal pay policywith the trade union(s)
ensure that part-time workers are nottreated any less favourably due toworking time
ensure that this equal pay policy willcover all workers, including temporaryworkers, agency workers andhomeworkers
We will through the above action avoidunfair discrimination and reward fairly theskills, experience and potential of all staffand thereby increase efficiency,productivity, competitiveness and jobsatisfaction, which will enhance theOrganisation’s reputation and image.
Particular emphasis will be placed on thefollowing:
Job EvaluationJob evaluation is vital in ensuring equal payfor work of equal value. The job evaluationsystem will be regularly reviewed andmaintained to ensure that the systemremains fair and effective. Job evaluationwill be conducted on a joint basis and inkeeping with good practice and equal payprinciples and will ensure that women arenot being indirectly discriminated againstand wrongly graded leading to lower ratesof pay. Job evaluation should lead to a fairassessment of the skills and demands of allworkers and, in particular, tackletraditional assumptions made about thework that many women undertake.
Recruitment and SelectionThe criteria, which determine recruitmentstarting pay, will be clear and transparent.
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Regular monitoring will take place and if itis found that women are being appointedat a lower pay scale, we will examine ourrecruitment and promotion records.
We will take a look at our qualificationrequirements to see if they adversely affectwomen and are necessary for the post.
Our records will be checked to find out ifwomen are being paid at the same rate astheir male predecessors andcontemporaries in similar posts.
We will support positive action in line withthe Equality Act 2010.
PromotionThe criteria to determine promotion will beclear and transparent.
Pay to reward service will be monitored toensure that women have access to all levelsof pay increments. It is recognised thatenhanced pay due to length of service maydisadvantage some women.
Promotion opportunities will be widelypublicised and candidates will be selectedaccording to their skills and ability, relatingto the needs of the job. A person’s sex willhave no bearing on whether or not they areselected for promotion.
Our records will be checked to find out ifwomen are being promoted in equalproportions to men and if it is found thatthere is a disparity, action will be taken toaddress the issue.
We will support positive action in line withthe Equality Act 2010.
TrainingThose involved in the pay grading structureassessment will be trained in ensuring thatgrades and pay are not gender biased andthat the criteria for assessing grades arebased on the job content.
We will ensure that the training needs of allstaff are regularly assessed and that menand women have equal access to training.
Training should be delivered in workingtime, and in family-friendly hours. If it isfound that lack of training is a factor inunder-representation of women inparticular grades, we will ensure that thesetraining needs are met.
We will support positive action in line withthe Equality Act 2010.
Benefits and ServicesAll benefits for doing a particular job will bethe same for men and women and are takeninto account when evaluating equal pay.
Those with access to pensions, sick pay andshare options, etc will be regularlymonitored to ensure that there is no director indirect discrimination against women.Access to bonus pay, shift payments andovertime will be checked to ensure thatmen and women have equal access to thiswork.
REPRESENTING MEMBERSON EQUAL PAYUnequal Pay is UNLAWFUL
Unite is committed to tackling unequal payand closing the gender pay gap betweenmen and women’s pay through carrying outEqual Pay Audits in all workplaces andnegotiating for equal pay. Equal pay is atrade union issue and reps need to makesure that women’s work is valued and theyreceive the equal pay to men that theydeserve. Individual women and menmembers may also have equal pay issuesthat require union representation.
Equal pay is a legal right. Negotiators andrepresentatives must always ensure thislegal right is protected. Where negotiationsor representation on equal pay is takingplace, it is essential that you inform yourRegional Officer and Regional Women’s &Equalities Organiser and that before anysettlement is recommended legal advice isobtained.
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EQUAL PAY LAWThis section refers to the law on equal paybetween women and men which applies inEngland, Scotland, Wales, Northern Irelandand the Republic of Ireland. The overallframework of the law comes from Europeanlaw which all EU countries must complywith. Pay discrimination on other groundsis dealt with in a separate guide.
England, Scotland, Wales : The Equality Act2010 and in Northern Ireland the Equal PayAct (NI) 19703 provide for equal paybetween men and women who do:
Like work – the same or broadly similarwork
Work that is rated as equivalent – eg in ajob evaluation scheme
Work of equal value – in terms of thedemands made
Equal Pay is automatically included in yourcontract of employment, ensuring women’scontractual terms are no less favourablethan men’s – this is known as a “sexequality clause”.
In the Republic of Ireland the EmploymentEquality Act 1998-2008 provides for equalpay for like work. Like work is defined aswork that is :
the same
similar or
work of equal value
It is a term of everyone’s contract ofemployment that there is an entitlementto equal pay.
Equal pay law covers comparisons betweenthe pay of men and women. It cannot beused to tackle unequal pay faced by mencompared with men, or women comparedwith women. The law applies equally tomen and women of all ages.
The Equality Act 2010 and Equal Pay Act(NI) make it unlawful to discriminatebetween men and women in pay and other
terms of their contracts of employment,such as:
piecework, overtime and shift payments
output and bonus payments
holidays and leave entitlements
free accommodation
sick pay
performance-related pay
occupational pension benefits
access to mobile phones, social benefitsetc
In practice any term which is in the man’scontract but missing from the woman’s isto be treated as if it is in her contract. (Thisapplies equally to men).
The Equality Act 2010 and Equal Pay Act(NI) apply to:
All employees Full-time or part-time contractsContract workersTraineesApprenticesHomeworkers
The equal pay question and reply procedureA woman is entitled to write to heremployer asking for information that willhelp her establish whether she is gettingequal pay and if not, what the reasons forthe pay difference are. There is a standardquestion and answer form that can be usedfor this purpose, which is available from theGovernment Equalities Office: - Equality Act2010 forms for obtaining information
ComparatorsEquality Act 2010 covering England,Scotland and Wales and the Equal Pay (NI)Act state: To take an equal pay case forwardthe woman needs to find a man to compareher pay with (or vice versa). The comparatorneeds to be employed by the same or anassociated employer or work in anotherorganisation with common terms. Also, aprevious job-holder can be a comparator.
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3 as amended by the Sex Discrimination (Northern Ireland) Order 1976, the Equal Pay (Amendment) Regulations (NorthernIreland) 1984, the Employment (Northern Ireland) Order 2003 and the Equal Pay Act 1970 (Amendment) Regulations(Northern Ireland) 2004
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The Employment Equality Act in theRepublic of Ireland states: The comparatorfor the purposes of equal pay claims needno longer be employed in the same place asthe claimant.
Protection against victimisation The Equality Act 2010 and Equal Pay Act(NI) and the Employment Equality Act 1998-2008 in Republic of Ireland, protectindividuals from victimisation for bringingan equal pay claim or for giving evidence orinformation in connection with the claim.
The Equality Act 2010 covering England,Scotland and Wales also protectsindividuals from victimisation when theydiscuss their pay with one another to findout if there might be pay discrimination,even if their employment contract requiresthem not to.
Pay secrecySection 77 of the Equality Act 2010 makespay secrecy clauses in employmentcontracts unenforceable if it is used to tryto stop people talking about their pay inorder to identify discrimination.
Pay transparencyThe Equality Act 2010 requires public sectororganisations to consider gender equalitywithin their workplaces as part of theEquality Duty and to publish relevantgender equality data. The Specific Dutiesunder the Equality Duty are a devolvedmatter in Scotland and in Ireland it iscovered under Section 75 of the NorthernIreland Act 1998.
Currently there is no requirement forprivate and voluntary sector employers toproduce and publish information on anygender pay gap in their organisation.
The Labour government had includedsection 78 in the Equality Act 2010,requiring private and voluntary sectoremployers with at least 250 employees to
publish information relating to the genderpay gap. However, the CoalitionGovernment has decided not to bring insection 78. Instead it has introduced avoluntary framework called Think, Act,Report. If this voluntary approach fails todeliver the government may implementsection 78 after 2013, at the earliest.
This is despite the fact that the voluntaryapproach to equal pay audits andtransparency has not worked so far. This isclear from government’s own figures thatby 2011 only 1.3% of large employersreported their gender pay gap externally. The ConDem government has announced itwill publish annual reviews of genderequality reporting from September 2012. For more information on the voluntaryframework please refer to the followinghome office webpage:http://www.homeoffice.gov.uk/equalities/women/women-work/gender-equality-reporting/
Time limits for equal pay claims andcompensation To take an equal pay claim to anEmployment Tribunal under the Equality Act2010, and to an Industrial Tribunal under theEqual Pay (NI) Act, a woman (or man) needsto lodge an equal pay claim within sixmonths of leaving the job OR for previousterms, within 6 months of when new termsstart. This is called the “qualifying period”.
Back pay can be awarded up to a maximumof six years in England, Wales and NorthernIreland (five years in Scotland) from thedate that proceedings were filed with atribunal. In addition, the tribunal mayaward interest on the award ofcompensation. With up to five or six year’sworth of back pay being awarded, theinterest element of any award is likely to beconsiderable. Compensation for injury tofeelings is not available in equalpay/equality of terms cases.
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The Employment Equality Act in theRepublic of Ireland states that a complaintof discrimination or harassment must bemade within the 6-month time limit fromthe last act of discrimination. The 6-monthtime limit can be extended up to 12 monthsby the Director of the Equality Tribunal “forreasonable cause”.
Complaints under the Act will be mainlydealt with by the office of the Director ofEquality Investigations, which may referclaims to mediation or investigation.Gender discrimination claims have theoption of going to the Circuit Court or theEquality Tribunal. Equal pay claims whichare initiated in the Circuit Court, may orderarrears of pay in respect of 6 years beforethe date of referral. There is no limit to theamount of compensation that may beordered by the Circuit Court.
Equality Impact AssessmentsAs the name suggests, Equality ImpactAssessments analyse the future impact ofproposed changes in pay, terms andconditions, or services. This marks them outfrom equal pay audits, for example, thattake a snapshot of the present.
Equality Impact Assessments are of use inany public sector organisation to anticipatethe impact of changes in terms of equalityfor all groups with the protectedcharacteristics as outlined in the EqualityAct 2010.
Under the Equality Duty, public authoritiesdo not have a formal requirement toconduct an Equality Impact Assessments
(the draft Scottish specific duties requireEquality Impact Assessments and theWelsh duties require appropriatearrangements to be made for theassessment of impact). But an EqualityImpact Assessments is viewed by theEquality and Human Rights Commission(EHRC) as an effective way fororganisations to check that they arecomplying with their general equalityduties – their “due regard” to equality.Critically, this assessment of the futureimpact of decisions must be made beforethe decision is taken, not retrospectively.
Amongst its guidance on Equality ImpactAssessments, the EHRC advises thatassessments need input from a range ofgroups, including trade unions, and thatthey should be briefed and kept informedabout the Equality Impact Assessments.
Unite Reps can use Equality ImpactAssessments to assess the impact ofpolicies, procedures or any other decisionthat affect the gender pay gap, for examplecuts and pay freezes. Accurate informationabout the actual and likely impact ofdecisions by public sector employers is vitalfor Unite Reps in negotiating on equal pay.
Unite Reps need to check existing equalitypolicies and equality schemes and whetherthere is a commitment to undertake aformal Equality Impact Assessments. Repsalso need to make sure the union is fullyinvolved and consulted throughout theprocess and that action is taken to tackleany negative impact of decisions onwomen’s pay.
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BARGAINING FOREQUAL PAYUnite Equal PayNegotiatorsUnite Reps need to ensure the employermakes a commitment to equal pay forequal work and to the action needed toimplement this commitment. Resolvingequal pay cases can be a lengthy and costlyprocess which should provide an incentivefor employers to tackle unequal paythrough negotiations rather than throughthe courts.
Unite aims to ensure employercommitment to equal pay:
work with Unite to conduct an Equal PayAudit to help scrutinise more openly payrates and jobs, to identify pay gaps andmeasures to close them; and specificallyto agree to :
operate a transparent pay system, basedon objective criteria and free from sexbias and discrimination on other groundsincluding race, age and disability
check for any gender pay gap in theworkforce/specific work areas
agree action to implement equal pay forequal work in practice
provide paid release for union equal payand equality training
provide facilities and paid release forunion equality representatives
Unite Reps need to ensure:
equal pay is on the bargaining agenda –see suggested wording below:
“The company/organisation and theUnion are committed to equal pay forequal work between women and men asset out in Equal Pay law, and to operatinga pay system which is transparent, basedon objective criteria and free from sexbias and discrimination on other groundsincluding race, age and disability. Thecompany/organisation will:
1) check for any gender pay gap in the workforce/specific work areas
2) work with the Union over the next year to conduct an Equal Pay Audit
3) agree action to implement equal pay for equal work in practice
4) provide paid release for union equal pay and equality training
5) provide facilities and paid release for union equality representatives ”
a negotiated joint agreement on equalpay (refer to Unite Model Agreement onEqual Pay in this pack)
training for all employees, particularly formanagers and personnel staff
job criteria do not disadvantage women,such as over-emphasis of physicalstrength rather than stamina; under-emphasis on caring skills
women are not discriminated against andare encouraged to apply for jobs at highergrades and jobs traditionally consideredas “men’s work” and ensuring criteria suchas length of service do not disadvantagewomen, particularly where they have tobalance work and caring
women have equal access to benefits,services and pay enhancements
grading and pay systems are transparent
job titles reflect the job actually beingdone, and that members are part of theprocess by listing all aspects of their work
in conducting a job evaluation, all jobsare at the right grade and pay levels
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public sector organisations: publishsufficient information to show thegeneral duty has been complied with; useprocurement to tackle the gender pay gapin the private sector; make reduction ofthe gender pay gap an objective; carry outregular Equal Pay Audits
private sector employers take action onclosing the pay gap, using the voluntarygender equality analysis and reporting
Some important safeguards on equal payUnite Reps should make sure that they areconsulted and involved throughout theEqual Pay Audit process. The Equal Pay Auditmust be repeated on a regular basis todetermine the extent to which theobjectives have been achieved. It is vital thatif a pay audit is planned in your workplaceyou should contact your Officer and/orRegional Women’s & Equalities Organiser.
Unite Reps need to remember that theprimary objective in negotiations on equalpay should be to level up the pay of the lowerpaid to that of their higher paid comparators.Where a group of workers is found to havebeen underpaid, you must also consider theissue of back pay. When negotiating on theissue of equal pay, any proposed pay and re-grading agreement should be in line with theunion’s objectives and strategy. Before UniteReps make any recommendation to membersit is crucial that they obtain advice from theirOfficer and/or Regional Women’s & EqualitiesOrganiser.
Where the employer’s final offer is lessthan full equalisation up of pay (includingback-pay where appropriate), then it isessential you obtain advice from yourOfficer and/or Regional Women’s &Equalities Organiser. Members have legalrights which have to be protected, and fullinvolvement of all the affected membersmust be ensured, as well as provision of fullinformation and independent legal advice.
For advice on potential individual equal payclaims Unite Reps need to contact theirOfficer and/or Regional Women’s &Equalities Organiser.
DID YOU KNOW?UNITE EQUAL PAY FACTSHistory
1832 Equal pay is articulated by womenwho work in Robert Owen’s ‘labourexchange’ in Grays Inn, London. Thesewomen are supported by male tradeunionists, members of the United TradesAssociation.
Also, women card setters in Scholes andHighton demand equal pay with men.
1833 Unionised women in the WomenPower Loom Weavers Association inGlasgow go on strike for equal pay.
1834 The Grand National ConsolidatedTrades Union (GNCTU) advocates thedemand for equal pay. The GNCTUencourages, with some success theformation of ‘Lodges of IndustriousFemales’.
1888 Clementina Black, Secretary of theWomen’s Trade Union League, secures thefirst successful equal pay resolution atTrades Union Congress
1904 Equal Pay League is establishedwhich becomes the National Federation ofWomen Teachers in 1906
1910 Women Chainmakers win the firstminimum wage victory, leading to fairer payfor all
1915 A conference called by the Women’sWar Workers Committee, draws up acomprehensive list of demands includingpay parity, the rights to training and tradeunion membership.
1918 The strike of women tramway workersover the offer of an unequal war bonus isthe first Equal Pay strike which is initiated,led and ultimately won by women. Thisresults in the government’s decision toestablish a special enquiry as to whetherthe principle of wage equality between menand women should be applied to all
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industries. However, Beatrice Webb as amember of the War Cabinet Committeedisagrees with the findings of theCommittee’s report.
1943 The Equal Pay Campaign Committee,open only to women’s organisations, isestablished with Mavis Tate MP as thechair. Other organisations like NALGO, theBritish Medical Association, the LondonCounty Council Staff Association and theCommunist Party are permitted to join theCouncil.
1944 The government establishes a RoyalCommission on Equal Pay. The Commissionis established for negative reasons - mainlybecause the government is not prepared toimplement a prior vote of the House ofCommons to establish equal pay forteachers.
1946 The Royal Commission on Equal Payconcludes that women in certain grades ofthe civil service might benefit from equalpay.
1955 After mass public campaigning,including demonstrations and petitions, ascheme is introduced to establish equalrates of pay for men and women doingequal work in the non-industrial civilservice. However, this is to be achievedgradually over seven years.
1964 The Labour Party Manifesto calls for acharter of Rights for all employees toinclude ‘the right to equal pay for equalwork’.
1965 The TUC Congress passes a resolutionreaffirming “its support for the principles ofequality of treatment and opportunity forwomen workers in industry, and calls uponthe General Council to request thegovernment to implement the promise of‘the right to equal pay for equal work’ as setout in the Labour Party election manifesto”
1968 Ford women sewing machinists starttheir struggle for equal pay which leads tothe passing of the Equal Pay Act 1970.
An amendment to a motion on equal pay ispassed calling for TUC affiliates to supportany union taking strike action for equal pay.The TUC holds a one-day conference onequal pay in November.
1970 The Equal Pay Act, the first legislationin the UK aimed at ending paydiscrimination between men and women,makes it illegal to pay women lower ratesthan men for the same work. It fully comesinto force in 1975.
1984 The Equal Pay (Amendment) Actallows women to be paid the same asmen for work of equal value.
1986 The speech therapists launch an equalvalue case that takes fifteen years to resolve.
1997 National Statistics begins recordingthe gender pay gap.
The Single Status Agreement exposes thediscriminatory pay policies of local councilsand many tried to avoid implementing theagreements on the grounds of cost andcomplexity.
1999 The Equal Opportunities Commission(EOC) set up an Equal Pay Task Force toexplore the issue of unequal pay, takeevidence and make recommendationsabout how to close the gender pay gap.
2001 EOC publishes its Just Pay Report andfound that three main factors contribute tothe gender pay gap. These arediscrimination in pay, occupationalsegregation and the unequal impact ofwomen’s family responsibilities. The EOC’smain concern was to focus on that part ofthe pay gap which is caused by paydiscrimination.
2003 It is agreed that all councils inEngland and Wales should have at leastmade a start on implementing the SingleStatus Agreement by 2007.
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2006 Women and Work CommissionReport, Shaping a Fairer Future, ispublished and puts in a number ofrecommendations for change. Theseinclude: that local authorities shouldreduce stereotypical choices for women,particularly in schools. Also that publicsector employers should show how theyhave put the report’s recommendationsinto practice, in particular on activelypromoting quality part-time jobs,supporting women returners’ developmentneeds, developing career pathways forwomen working in lower-paid jobs,undertaking an equal pay review andproviding paid time off, support andfacilities to a network of union equalityreps. The report recommends that privatesector companies should take action tomake the most difference to most women.
2008 Women’s No Pay Day, later calledEqual Pay Day, is announced by FawcettSociety. On this day, after applying the full-time gender pay gap, women receive theirlast payslip of the year and start workingfor free
2009 The EHRC publishes the results of itsinquiry into the pay gap in the finance sector exposing the massive gendergap in this sector. The EHRC Finance SectorInquiry revealed that this sector has one ofthe highest overall gender pay gaps in theUK. It found a pay gap of 39% in annualbasic pay and 47% when performancerelated pay, bonuses and overtime weretaken into account. The full time womenworkers earned up to 55% less than men.Some women receive around 80% less inperformance related pay than malecolleagues.
2010 The Equality Act 2010 comes intoforce, bringing together all discriminationlegislation including the Equal Pay Act. Itgives ministers the power to require firmswith 250 or more workers to discloseaverage pay for male and female staff as of2013. The Act also bans secrecy clauses inemployment contracts that preventemployees from comparing their wages.
Pay GapIt took around three years after theintroduction of the Equal Pay Act 1970 tosee some reduction in the gender pay gap.During the next three years after that wesaw a sharp decline of 6% for full-timewomen workers and 5% for part-timewomen workers. After this period for thenext seven years the pay gap eitherstagnated, decreased very little or evenmarginally increased. It was not until thelate 80’s when the Labour governmentintroduced specific measures thatimproved women’s pay that the gender paygap started to decrease steadily andsignificantly every year.
However, since the ConDem government’sattacks on women and men workers jobsand pay and the disproportionate effect ofthe cuts on women, this picture will be verydifferent in the coming years.
Cuts in the public sector will have a massiveimpact on women since around two thirdsof employees in that sector are women. Theloss of thousands of women’s jobs in thepublic, private and the voluntary sectorscould mean that narrowing of the pay gapcould be short lived.
It is more vital than ever to fight againstthe cuts and to tackle the pay inequalitywomen face. These are women of differentage groups, race & ethnicity, living andworking in various industries, regions andsectors. The issues are the same and themessage is, close the pay gap for good.
Age and equal payWomen and men enter the labour marketat the same level but within 10 years asignificant pay gap appears. There has beena stronger narrowing of the full-timegender pay gap for those aged 22-29between 1997 and 2010. However, the gapwidens greatly for those in their thirtiesand peaks for those in their forties, beforenarrowing again in the older age groups.
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Regional pay gapIn every year between 1998 and 2010,England had the widest full-time genderpay gap and Wales the narrowest andwithin England, London and the South Easthad the widest gaps. Northern Ireland hashad the narrowest full-time gender pay gapin the UK since 2002.
Public and private sectorThe public sector has a narrower pay gapthan the private sector for both full-timeand part-time women. The part-time genderpay gap is substantially worse in serviceindustries.
Estimate are that a woman who hasworked full-time ever since leaving full-timeeducation can still expect to be paid 12%less than an equivalent man after 10 years.
At the present rate of progress it will take150 years to close the pay gap! Also, awoman working full time till retirementloses £361,000 in gross earnings over thecourse of her working life.
1945 For four generations of women bornfrom 1945-54 to those born from 1975-1984,the gender pay gap starts off low and thenrises before declining sharply for olderwomen workers. There has been someimprovement but it has been at a slowpace. Currently women born in the 1940swill have much higher gender pay gaps thanthose entering the labour market now.
1959-1973 The gender pay gap grewbetween the end of WWII and late 1960’sand improved slightly after 1969
1968 Ford women sewing machinistsstarted their struggle for equal pay becausethey were being paid 15% less than men fordoing the same work
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YEAR FULL-TIMEPAY GAP
PART-TIMEPAY GAP
1970 36% 49%
1971 36% 48%
1972 36% 48%
1973 36% 48%
1974 34% 46%
1975 29% 42%
1976 27% 41%
1977 26% 40%
1978 28% 41%
1979 29% 42%
1980 28% 42%
1981 27% 42%
1982 28% 43%
1983 28% 43%
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1984 27% 42%
1985 26% 42%
1986 26% 43%
1987 27% 44%
1988 25% 44%
1989 24% 43%
1990 23% 43%
1991 22% 43%
1992 21% 42%
1993 21% 41%
1994 20% 41%
1995 20% 40%
1996 21% 42%
1997 21% 42%
1998 21% 42%
1999 21% 42%
2000 20% 41%
2001 20% 42.5%
2002 20% 43%
2003 19% 41%
2004 18% 40%
2005 17% 38%
2006 18% 37%
2007 17% 36%
2008A gender pay gap of 21% for all. Theapprenticeships gender pay is 26%
17% 47%
2009The gender pay gap for all workers
decreased to 20%16% 35%
20104
The gender pay gap of 19% for allwomen workers
16% 35%
20115
The gender pay gap of 19% for allwomen workers
15% 34%
4 ASHE Summary 20105 ONS – 2011 ASHE
PROMOTING FAIR PAY FOR ALLThis guide is about organising for equal paybetween men and women. The followingFair Pay and Equality Audit Checklist willalso assist you in tackling low paypromoting fair pay for all:
women, parents and carers
black, Asian & ethnic minority workers
young men and young women
older workers
disabled workers
LGBT workers
Migrant workers
Agency workers
Ex-offenders
Workers without relevantskills/qualifications
For detailed information on job evaluationand performance related pay, minimumwage and family leave pay rates and UniteEquality Checklists please refer to the “FairPay for All” section in the Unite UnionEquality Reps Toolkit, the “Monitoring”section in Unite Race Equality NegotiatorsGuide and Equality Impact Assessmentsection in the Equality Duty-UniteNegotiators Guide.
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WHAT? WHY? DONE? ACTION NEEDED IN MYWORKPLACE
Carry out an EqualityAudit of the workforceusing eg. the sample formafter this checklist
To highlight eg.concentration of womenin lower grades, lack ofprogression of blackworkers, lack of disabledworkers
Bargain for Facilities andPaid release for UnionEquality Reps andcampaign withgovernment for statutoryrights for union equalityreps
To strengthen the skills,knowledge andcapabilities of the unionin advancing equality; toensure the union hasspecialist equalitysupport and time
Bargaining for 100%income for family leaveand campaigning withgovernment for this as ofright
Family friendly policiesare a way towardseradicating poverty. Lossof income at this timeleads to hardship long-term
Eliminating unfair wagerates eg. on grounds ofage, gender, ethnic origin,nationality
Unequal pay rates aredivisive and can beunlawful
FAIR PAY AND EQUALITY AUDIT CHECKLIST
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Ensuring the NationalMinimum Wage isachieved and improvedon Campaigning withgovernment for anincrease in the NationalMinimum Wage
Some workers areunlawfully paid below theNMW eg non-unionisedworkplaces, migrantdomestic workers andhomeworkers. Eliminatinglow pay is a win forequality
Training included as acollective bargaining issueFully funded training withpaid time-off andmonitoring who receivestraining
Access to training, or lackof it, can have a bigimpact on pay. Part-time,agency and older workersparticularly lose out ontraining
Negotiating reasonableadjustments without lossof pay and with clearprocedures to check this
Disabled workers havethe right to reasonableadjustments to get andkeep a job. This shouldnot be at the expense ofprevious pay ratesterm
Check women’s pay andequality
There is a gender pay gapin most workplaces
Check black, Asian ðnic minority workers’pay and equality
BAEM workers are mostlyunder-represented inhigher grades
Check young men andyoung women’s pay
Unfair age rates exist inmany workplaces
Check older workers’ pay Poverty in retirementmean more older workersat work facingdiscrimination
Check disabled workers’pay and equality
Disabled workers aremore likely to be low paid
Check migrant workers’pay
Migrant worker Agenciesare discriminating,including in basic rates,housing, travel, Tax & NI
Check agency workers’pay
A two-tier workforce isbad for everyone
Check ex-offenders’ pay Discrimination isunlawful
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USEFUL RESOURCESAND CONTACTSUNITE PUBLICATIONS
Union Equality Reps Toolkit and Handbook
Race Negotiators Guide
Race Forward Action Pack
Disability Equality at Work – UniteNegotiators Guide
Equality Duty – Unite Negotiators Guide
OTHER ORGANISATIONS
TUC – www.tuc.org.ukTelephone: 020 7636 4030
Equality and Human Rights Commission(EHRC) – www.equalityhumanrights.comTelephone: 020 3117 0235
EHRC Codes of Practice on equal pay –http://www.equalityhumanrights.com/uploaded_files/EqualityAct/equalpaycode.pdf
EHRC Equal Pay Audit Toolkit –http://www.equalityhumanrights.com/advice-and-guidance/information-for-employers/equal-pay-resources-and-audit-toolkit/equal-pay-audit-toolkit/
Equality Commission in Northern Ireland –http://www.equalityni.org Telephone: 028 90 500 600
Equality Authority in the Republic ofIreland – www.equality.ieTelephone: 00353 505 24126
Government Equality Office, the HomeOffice – http://homeoffice.gov.uk/equalities/
Unite Action Plan
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UNITE CONTACTSREGIONAL WOMEN’S & EQUALITIESORGANISERS
North WestHelen Osgood0161 848 0909
North East/Yorkshire & Humberside Sue Pollard0113 236 4830
West MidlandsNatalia Stepnowska0121 553 6051
East MidlandsMaureen Scott-Douglas01332 548 400
South WestKaren Cole0117 923 0555
South EastMary Sayer0845 605 2193
London & EasternMel Whitter0208 826 2017
IrelandTaryn TrainorBelfast 02890 232 381Dublin 00353 18734577
ScotlandElaine Dougall0845 345 0141
WalesBelinda Robertson02920 394 521
UNITE NATIONAL CONTACT
National Officer for Equalities –Siobhan Endean
Assistant General Secretary for Equalities –Diana Holland
“Equal pay is an important trade unionissue and Unite strongly believes that wemust tackle this inequality and tackle itnow.
The ′PAY Up!′ Campaign is our commitmentto valuing the work done by workingwomen, which is generally undervalued,and to making sure that value is reflected inpay.
We are committed to carrying out EqualPay audits in all workplaces to find out ifthere is unequal pay between men andwomen, to identify the reasons why, and touse this information to negotiate for equalpay. These pay audits can also identify lowpay and other inequalities eg on grounds ofrace, disability or age, which are importantto men and women.
A strong, united campaign against low pay,and for fair and equal pay, can make a realdifference to women workers’ lives, to theirfamilies and communities.”
Len McCluskey Unite General Secretary
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PAY UPcampaign
CHECKLIST – UNEQUAL PAY IS UNLAWFUL
• CHECK EQUAL PAY IN YOUR WORKPLACE
• CARRY OUT AN EQUAL PAY AUDIT
• CARRY OUT AN EQUALITY IMPACT ASSESSMENT
• NEGOTIATE FOR UNION EQUALITY REPS
UNITE 4EQUAL PA
Y
UNITE 4EQUAL PAY
Unite EqualitiesUnite House . 128 Theobalds Road . London . WC1X 8TN
www.unitetheunion.org
