Responding this week to an Office for Equality and Opportunity call for evidence ahead of the Bill, CILEX president Yanthé Richardson said: ‘Tackling the pay inequality and discrimination that continues to persist in the UK when it comes to race and disability is a priority.
‘Mandatory reporting would not only provide valuable data to highlight where pay disparities are appearing and why, it would also drive behavioural change.’
In its response, CILEX (the Chartered Institute of Legal Executives) recommended stronger penalties for equal pay breaches, and it suggested the government introduce an Independent Equality Pay Enforcement Unit, which could ‘significantly reduce the time and costs of litigation’.
CILEX also called for the Equality and Human Rights Commission to be given powers to enforce ‘strong and immediate sanctions’ for non-compliance. It suggested organisations such as charities and trade unions be able to bring equal pay claims on an employee’s behalf since many workers fear ‘retaliation or victimisation’.
Currently, businesses with at least 250 staff must report their gender pay gap data annually.
Employees can bring an equal pay claim on the basis of gender. If they believe they are paid less due to race or disability, however, they must bring a claim for discrimination, which can be more expensive.
CILEX urged the government to close a gap on combined and dual discrimination in the Equality Act 2010. Section 14 protects individuals from direct discrimination due to a combination of two protected characteristics. However, it has never been brought into force. Consequently, claimants must show their treatment is direct discrimination because of each of the characteristics taken separately, which is more expensive and time-consuming.
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