Power to order equal pay audits welcome, but too limited says TUC

The new powers under the Equality Act to order equal pay audits are welcome, but will only ever apply to a handful of employers, and only after the law has already been breached, says the TUC in its response to a government consultation.

In its response the TUC also criticises the exclusion of small businesses and start-up companies from the provision as well as the range of exemptions from being required to conduct an audit under s.139A(5). They are all unnecessary and further weaken the already very limited application of the section.

The TUC therefore continues to call for compulsory equal pay audits as required by section 78 of the Equality Act 2010 - a part of the Act the government has never enacted. At a minimum, the government should review the current voluntary approaches to ensuring equal pay which the TUC believes are not leading to the level of change needed.

The TUC response to the government consultation on the regulations for ordering equal pay audits argues that:

Regulations should narrow the circumstances under which a company does not have to conduct an equal pay audit

As a starting position, audits should cover the entire workplace and meet indicative timelines, unless a tribunal judge decides otherwise;

Employment tribunal judges, rather than independent auditors should sign-off on equal pay audits; and

Disclosure of the order and audit should be made to the workplace, recognised trade unions and the Equality and Human Rights Commission.

Download the TUC's consultation response on equal pay audits.