1. The Equality Bill A solution to the crisis in equal pay? The UNISON Perspective Liane Venner, UNISON Head of Membership Participation

2. Current problems equal pay law: Gender pay gap is stubborn: full time pay gap is 16.4%, part time pay gap is 13.2% Pay discrimination is hidden No obligations on employers for transparency Gender segregation Legal processes are slow – cases lasting 10 years+ Equal pay not law not compatible with other discrimination law e.g. no hypothetical comparators Law is individualised: burden on individual applicant

3. The public sector story UNISON 45,000+ equal pay cases Back pay Protection The gender equality duty requires public authorities to consider the need to have an objective to address the causes of any pay gap Procurement = contracting out of equal pay?

4. Equality Bill proposals: Secrecy clauses to be outlawed if involved in a “relevant pay discussion” Employers to have to publish differences in pay between men and women For private sector with 250+ employees. To be voluntary provision until 2013. EHRC consulting on metrics of reporting For public sector with 150 employees Clause 66 Material factor defence – retrograde step codifying Armstrong Procurement processes to have to take due regard of equality provisions

5. What’s missing … Real measures to close the gender pay gap, will voluntarism work? Mandatory pay audits Representative actions Hypothetical comparators in indirect discrimination cases Consideration of Employment Tribunal recommendations in equal pay cases Guarantee that Equality Schemes and Equality Impact Assessments will remain in the public sector duty

6. And also.. The specific requirement to address the gender pay gap within the public sector duty Procurement requirements to be spelt out in secondary legislation rather than on face of the Bill No statutory recognition for trade union equality representatives

7. UNISON/Fawcett campaign: Supporting and welcoming the Equality Bill Mandatory pay audits Representative actions – speeding up cases, removing exposure of individuals Hypothetical comparators in equal pay cases Consideration of Employment Tribunal recommendations Correction of Clause 66, the material factor defence Recognition of the continuing scandal of the gender pay gap

8. Conclusion Code of practice on equal pay will be vital A potential political battleground ……. More than a glass half full?