Workplace Pay Gaps

Ben Obese-Jecty Excerpts

Tuesday 7th January 2025 Westminster Hall

[Ben Obese-Jecty (Huntingdon) (Con)]

It is a pleasure to see you in the Chair for this debate, Sir Roger. I congratulate the hon. Member for Brent East (Dawn Butler) on securing today’s debate, which marks Ethnicity Pay Gap Day.

We have heard from a host of Members this morning on the impact of pay gaps in the workplace. The hon. Members for Brent East and for Dewsbury and Batley (Iqbal Mohamed) both asked what can be done to hold companies that do not address identified pay gaps to account. The hon. Members for Walthamstow (Ms Creasy) and for Montgomeryshire and Glyndŵr (Steve Witherden) addressed the rights of parents and the motherhood pay gap. The hon. Member for Ealing Southall (Deirdre Costigan) spoke about the disability pay gap and improving the working lives of disabled workers. The hon. Members for Strangford (Jim Shannon) and for Alloa and Grangemouth (Brian Leishman) spoke about regional pay gaps in Northern Ireland and Scotland respectively. These are important topics in an area where there is still work to be done, despite the progress made over the last half a century, first by addressing gender pay discrimination and, more recently, by addressing discrimination based on ethnicity and disability. The Labour party’s manifesto pledged to address the issue of pay gaps and stated that it intended to build upon the existing legislation.

Paying men and women different pay for the same work has been prohibited in Great Britain since the Equal Pay Act 1970—legislation that has since been superseded by the Equality Act 2010. Gender pay gap reporting was introduced by the Conservative Government in 2017, through world-leading legislation that made it statutory for organisations with 250 or more employees to report annually on their gender pay gap. Since 2017, the gender pay gap has declined steadily from 18.4% to 13.1% in 2024. I ask the Minister: do the Government anticipate that trend continuing and, to that end, do they believe that the introduction of additional legislation will close the remaining gap more quickly or have no impact on the current trajectory?

Data from the Office for National Statistics on the gender pay gap from 2024 show that it was highest in skilled trades and occupations, and lowest in caring, leisure and other service occupations. Although the Government’s new legislation will seek to ensure that gender pay disparities are eradicated within organisations, what plans do the Government have to address the differing pay gaps across industries?

The gender pay gap is much higher for full-time employees aged 40 years or over than it is for employees aged below 40 years. There are a variety of reasons for why that might be the case. Although I do not have a breakdown for the rationale for that observation, one reason might be the impact of motherhood on careers and earning potential. What steps are the Government taking to address the gender pay gap within that demographic? It is notable that, in occupations where pay generally increases with age, the proportion of women decreases. Additionally, the difference in pay between the sexes is largest among higher earners.

In May 2021, the Labour party pledged to modernise pay laws to give women the right to know what their male counterparts earn, as alluded to by the hon. Members for Brent East and for Walthamstow. Although that detail did not make it into the manifesto—not that that has stopped the Government from implementing some of their other recent policies—do the Government still intend to introduce that right, and if so, will the Minister outline how such a policy would work in practice? Can the Minister provide assurances that private sector pay will remain confidential and not subject to inquiry by co-workers by law?

Close to home, we see how this presents itself in our political parties. In 2023, the Conservative party had a mean gender pay gap of minus 1.8%. Labour party reporting shows that it has a mean gender pay gap of 2% and that:

“The gender pay gap for men and women therefore shows that on average, men’s hourly earnings are higher than women’s within the Party. There has been a change from the -2% recorded in 2022.”

Can the Minister outline what steps have been taken to address the seemingly worsening gender pay gap within the party of Government since the 2023 report was published?

[Ms Creasy]

I am pleased to hear that the shadow Minister thinks that gender pay gap reporting is something that should drive change. Does he therefore want to apologise for the fact that the only business reporting that his party’s Government abolished, during the pandemic, was gender pay gap reporting? If he thinks the gender pay gap is such an important metric, does he now recognise that that move sent a terrible message about this data?

[Ben Obese-Jecty]

Obviously, that was before my time in this House, so I am not completely au fait with the detail the hon. Member is referring to, but I will come back to her with some clarification.

I was unable to find a Labour gender pay gap report for 2024, nor could I find any ethnicity or disability pay gap reporting, so I ask the Minister whether she can provide an update on the 2024 pay gap figures for gender, ethnicity and disability for Labour party employees. It would be reassuring to see the party of Government lead by example, by placing itself in the vanguard of organisations that voluntarily provide such clear data ahead of the introduction of the legal requirement to do so.

On race, Labour’s manifesto pledged to introduce a landmark race equality Act to enshrine in law the full right to equal pay for black, Asian and other ethnic minority people. The Minister for Women and Equalities, the right hon. Member for Houghton and Sunderland South (Bridget Phillipson), pledged 18 months ago that such an Act would form a core part of Labour’s plans in government. The aspect of that Act applicable to this debate is the Government’s commitment to fine companies that do not act on data highlighting a racial pay disparity. The right hon. Lady stated that that was a Labour priority, yet as we approach the six-month point of Labour being in office, I ask the Minister who here today to clarify when that Act will be brought before the House and when companies can be expected to have to implement ethnicity pay gap reporting. Labour first made the pledge to introduce ethnicity pay gap reporting in 2021, in a document that has now been deleted from the Labour party website, but I ask the Minister to say how such a policy is likely to be implemented.

In March 2022, the previous Government published “Inclusive Britain”, its response to the Commission on Race and Ethnic Disparities. Action 16, which directly addressed ethnicity pay gap reporting and responded to recommendation 9 in the report, was to

“Investigate what causes existing ethnic pay disparities.”

It stated:

“We will address the challenges with ethnicity pay gap reporting to support employers who want to demonstrate and drive greater fairness in the workplace.”

It also said that the Department for Business, Energy and Industrial Strategy would

“publish guidance to employers on voluntary ethnicity pay reporting in summer 2022. This guidance, which will include case studies of those companies who are already reporting, will give employers the tools to understand and tackle pay gaps within their organisations and build trust with employees.”

The previous Government published their guidance to employers in April 2023. I ask the Minister whether this Government will retain the existing guidance and use the measures already in place. Once reporting becomes mandatory, how will the Government ensure that enough workers disclose their ethnicity to make reporting accurate? Can she give assurances that employees will not be forced to disclose their ethnicity on record? How will the legislation improve individual situations if an ethnicity pay gap is identified? Will employees on the wrong side of an identified ethnicity pay gap be informed of their specific circumstances, or will they be left to see the gap identified in the reporting and then have to rely upon the organisation’s action plan to redress any imbalance?

In January 2023, the then Labour party chairman, who is now the Minister for Women and Equalities, addressed the reported 9% ethnicity pay gap within the Labour party between its black and minority staff, and its white staff. She stated:

“Labour is determined to close these pay gaps, not just among our own staff.”

Two years later, and ahead of mandatory ethnicity pay gap reporting being introduced, I ask the Minister to say whether the Labour party has now addressed its own ethnicity pay gap. The Guardian reported in November that senior Labour MPs were frustrated that

“there were no senior black staff members at the very centre of a Labour Government.”

It would appear that the party of Government still has some work to do.

Lastly, the disability pay gap receives far less scrutiny than either the gender pay gap or the ethnicity pay gap. As someone with a close relative who is a wheelchair user, it is easy for me to see how disabilities, both visible and hidden, can be overlooked. The Government pledged in their manifesto to introduce a full right to equal pay for disabled people, as well as mandatory disability pay gap reporting for large employers.

A TUC report from last November highlighted the current disability pay gap, and we would all benefit if that gap was closed. Can the Minister say when the Government intend to introduce mandatory disability pay gap reporting and also how the mandatory action plans will be used to address identified gaps?

A proactive step would be to introduce reasonable adjustments passports to ensure that the impact of employees’ disabilities is documented. Adjustments can be agreed and any future potential adjustments can be identified. An employer then has a clear record of adjustments that have been agreed upon, which can be easily communicated to new managers. I believe Labour also pledged to improve access in its manifesto, so can the Minister outline what progress has been made in that regard?

ONS data for 2023 showed that the disability pay gap was 12.7%. Unlike the gender pay gap, the disability pay gap has remained constant for around a decade, as highlighted by the hon. Member for Ealing Southall (Deirdre Costigan). That gap is actually wider for men, at 15.5%, than it is for women, at 9.6%. It is also wider for full-time employees than it is for part- time employees. The ONS’s disability pay gap analysis showed that disabled men earn a median hourly pay that is similar to that of non-disabled women. The ONS data also showed that the biggest impact is on those with autism, epilepsy or learning difficulties. Disabled employees with autism had one of the widest pay gaps, with a 27.9% difference, and those with epilepsy had a 26.9% difference.

I ask the Minister what steps the Government are taking to reduce those categories of pay gap with the highest difference. Given the increase in instances of autism in children with special educational needs and disabilities, I ask the Minister: what steps are being taken now to ensure that a better structure is in place for what is likely to be an increase in those disabilities in the workforce?

There is still progress to be made on addressing pay gaps in our workforce. I look forward to the Minister’s response and await clarity from her on the steps the Government have pledged to take to address those issues.