Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s report as well as the detailed additional documentation provided.

1. Further to its observation, with reference to its previous comments on the impact of the National Minimum Wage Act of 1998 on equal pay between men and women workers, the Committee notes that the third report from the Low Pay Commission concluded that the minimum wage had had the greatest effect on the gender pay gap since the 1970 Equal Pay Act. Noting that the Low Pay Commission will continue to monitor and evaluate the impact of the minimum wage and had to submit a report in 2003, the Committee asks the Government to provide a copy of it in its next report.

2. With regard to the National Insurance Lower Earnings Limit (LEL), the Committee notes that for 2002-03 the LEL has been set at £75 per week and the primary threshold at which national insurance contributions are to be paid at £89 per week. The Government states that those with earnings between the LEL and the primary threshold are treated as if they have paid contributions on their earnings to protect their contributory benefit position. Employees earning between the LEL and the primary threshold therefore do not pay any contributions but continue to build up entitlement to contributory benefits. The Committee asks the Government to continue to provide information on the LEL and the primary threshold and to indicate in its next report how they have helped in reducing the pay gap between men and women for work of equal value.

3. With regard to the Committee’s previous comments concerning amendments to speed up and simplify the tribunal procedures for equal pay claims, the Committee notes that the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations of 2001 now provide that it will be for employers to prove that they have not discriminated against their employee and that the new Employment Act of 2002 introduces the equal pay questionnaire procedure which will make it easier for individuals to obtain information from employers regarding whether they are receiving equal pay. The Committee asks the Government to continue to provide information on any other changes to the tribunal procedures proposed and to indicate the impact of these and other amendments on simplifying and speeding up tribunal procedures for equal pay claims. Noting that a new code of practice on equal pay has come into force in December 2003, which includes a model for carrying out voluntary equal pay reviews as well as information on grievance procedures and equal pay for pregnant women and women on maternity leave, the Committee asks the Government to provide information on practical use of the new code by employers. Noting also the court rulings concerning equal pay in the Government’s report, the Committee asks the Government to continue to provide information on court cases dealing with equal pay claims, including cases where the code of practice on equal pay has been used as evidence.

4. The Committee notes the information referred to in the Government’s report on the action undertaken, in cooperation with the Equal Opportunities Commission (EOC), to further equal pay and to equip workers and employers to undertake equal pay reviews. It notes in particular the launching by the EOC and Opportunity Now (an employers’ organization committed to gender equality) of an equal pay forum, including in Northern Ireland, and asks the Government to continue to provide information on how it cooperates with the social partners in promoting the principle of the Convention as well as information on the results achieved in this regard by each equal pay forum.

5. The Committee notes that the Equal Opportunities Commission for Northern Ireland is developing an equal pay toolkit to assist employers in carrying out pay reviews and asks the Government to supply a copy of the kit, once completed.

6. With respect to tendering in the public sector, the Committee notes that the new Guidance on best value and procurement. Handling of workforce matters in contracting provides that best value authorities in England (and some in Wales) have to observe the requirements of existing equality legislation and recommends that in the procurement process they take account of the practices of potential service providers in respect of equal opportunities, where it is relevant to the delivery of the service under the contract. The Guidance also provides that contractors should be excluded from the tendering exercise if they have been convicted of a criminal offence, have committed an act of grave misconduct or have breached the requirements of discrimination legislation. Noting further the various legislative and other initiatives in England, Wales and Scotland to improve the treatment of employees working on local government contracts, including the proposed reform of the Transfer of Undertakings (Protection of Employment) Regulations, 1981 (TUPE), the Committee asks the Government to provide information on the impact of these initiatives on the application of the principle of equal remuneration for work of equal value in public tendering, and to provide copies of any relevant circulars, guidance or implementation orders adopted under section 19 of the Local Government Act of 1999.