The UK’s Equality and Human Rights Commission (EHRC) has proposed legal changes to increase pay transparency, potentially giving employees the right to request salary information from their employers about colleagues. The proposals, responding to a government consultation on equal pay reforms, would require employers to respond to questionnaires about colleagues’ pay, including basic salary, bonuses, and working hours. The EHRC also urged a ban on employers asking candidates about their current salary during job applications, arguing it can perpetuate existing pay discrimination.
EHRC Chief Executive John Kirkpatrick told the BBC that employers should not be able to ask about salary history when setting pay, stating that doing so “can embed a history of disadvantage or discrimination in future salaries.” The Fawcett Society has previously argued that asking about salary history risks maintaining historic pay differences due to gender, race, and disability, rewarding perceived worth rather than skills and experience.
The EHRC’s proposals include requiring employers to provide information within a specific timeframe and to explain any differences in earnings. The latest figures from the Office for National Statistics show a 6.8% gender pay gap among full-time employees as of April. The EHRC also previously suggested that publishing salary details in job adverts could help address pay discrimination. EHRC Chairwoman Mary-Ann Stephenson stated that the current equal pay system is too complex and that these reforms are an opportunity to improve it for both workers and employers, but cautioned that any new regulatory unit within the EHRC must be adequately resourced to be effective. A key unresolved question is whether lawmakers will adopt these proposals and provide the EHRC with the necessary resources to enforce them.
Our reading is that the EHRC is attempting to proactively address systemic pay discrimination by proposing changes to increase transparency and remove potentially biased information from salary negotiations. The proposals, while responding to a government consultation, highlight a perceived inadequacy in the current system and a need for greater enforcement powers. The differing details across news outlets suggest a nuanced story where certain points, like the Fawcett Society’s research, are not universally reported.
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