In a recent move, the UK Government has announced plans to reinstate equal pay protection measures that were previously axed as part of the Retained EU Law (Revocation and Reform) Act 2023. This decision is a significant step towards ensuring gender pay equality in the UK.
The so-called ‘single source’ test, currently enshrined in the Treaty on the Functioning of the EU, empowers employees to compare their pay to not only those performing the same work at the same location but also to those based in different locations if their terms and conditions of employment originate from a ‘single source’. This provision has been particularly beneficial for women, as it has enabled them to challenge pay disparities that may exist between predominantly female roles, such as shop work, and predominantly male roles, such as distribution centre work.
Under the Retained EU Law (Revocation and Reform) Act 2023, the ‘single source’ test was set to be abolished on 1 January 2024, potentially leading to a weakening of equal pay protections. However, with the Government’s recent announcement, this test will now be preserved and incorporated into UK law.
While this is a positive development, it is important to acknowledge that equal pay claims remain complex and challenging to pursue. The gender pay gap persists in the UK, and there is still much work to be done to achieve true pay equality.
The Government’s decision to reinstate the ‘single source’ test demonstrates a commitment to addressing gender pay disparities. However, it is crucial that both the Government and organisations take further action to close the gender pay gap in the long term. This may include implementing more transparent pay practices, providing better training and support for women in the workplace, and challenging gender stereotypes that contribute to pay inequities.
In conclusion, the Government’s decision to reinstate equal pay protection measures is a welcome step towards achieving gender pay equality. However, it is essential to continue advocating for further measures and initiatives that will address the root causes of the gender pay gap and create a more equitable workplace for all. Feel free to contact our solicitors if you need legal advice about pay inequality in your place of work.
Jennifer Al-Janabi is an employment solicitor with over 17 years of experience in employment tribunal litigation, discrimination claims and unfair dismissal. Jennifer also has considerable experience in drafting and advising on settlement agreements. Jennifer is a member of The Employment Lawyers Association. To contact Jennifer, visit the Contact Us page. For media enquiries: info@dphlegal.com