Equal Pay and the Gender Pay Gap

Jo Stevens Excerpts

Wednesday 1st July 2015 Commons Chamber

[Nicky Morgan]

I respect the hon. Lady’s experience as a magistrate. The fees were introduced during the last Parliament to reduce a £71 million burden on the taxpayer, but, as she may know, on 11 June the Government announced the start of a post-implementation review. We will consider how successful the policy has been in achieving its original objectives, which include the maintaining of access to justice. Of course, those whose claims are successful can recover the fees.

The important question that we shall discuss today, however, is how we can prevent the need for employees to go to tribunals. There should be no discrimination in the first place, in the context of both equal pay for equal work and closing the gender pay gap. I think that the hon. Lady should wait and see how our review progresses.

[Jo Stevens (Cardiff Central) (Lab)]

The Secretary of State mentions a review, but is it not already clear from the 68% drop in the number of claims that the fees are not working?

[Nicky Morgan]

One reason for the introduction of fees was to ensure that people did not have to go through the tribunal process, which, as I suspect we all know from our constituents, is costly, time-consuming and stressful. There are other ways of resolving disputes such as mediation. I do not think it right for us to prejudge what the review will find, and I am not sure that this is the right debate in which to focus on the economic situation with which the Government have had to deal, but the £71 million of taxpayers’ money that we have saved will go towards paying off the deficit and debt that was left to us.

--- Later in debate ---

[Jo Stevens (Cardiff Central) (Lab)]

Before I speak to the motion, I would like to congratulate the hon. Member for Stirling (Steven Paterson) on his impressive first speech. He mentioned a skilful, determined force and superior tactics. I am sure he will be skilful and determined, but I hope that his party will not have too many superior tactics.

I speak today on behalf of the women in my constituency, who earn just 81p for every pound my male constituents earn. It is 45 years since the pioneering Equal Pay Act 1970 and women in Cardiff Central are still paid less than their male counterparts simply because of their gender. I have listened to the debate and I have to say that I do not accept the Secretary of State’s assertion that the wording of the motion conflates equal pay and the gender pay gap. It is the lack of pay equality that leads directly to the gender pay gap itself.

Tackling unequal pay should be at the top of the Government’s agenda, but looking at their record with the Liberal Democrats over the past five years I do not hold out much hope. Pay discrimination is still an everyday experience for women in Cardiff Central and across the UK. Employers who discriminate against women by paying them less know they can do so without condemnation, let alone any concrete action. Those employers’ actions are unlawful, not illegal, but opportunities for remedying this are, as we have heard today many times, being reduced.

We know that despite the progressive intentions of those who pioneered equal pay legislation 45 years ago, the law has not achieved what it intended. With many colleagues from the Labour Benches past and present, I have championed the campaign for equal pay. During my law degree in the mid 1980s, I wrote a thesis on the equal pay legislation, analysing how, and in my view why, it had not succeeded at that time in delivering pay equality for women. After graduating, I practised as a solicitor in a UK-wide law firm that has represented tens of thousands of working women who have suffered pay discrimination. As a director of that law firm, I led equal pay auditing and pay transparency reporting. I can say that it is an easy thing to do. It beggars belief that only 300 companies have chosen to do the same.

Despite progressive intentions in the late 1960s, the law still does not deliver pay equality for women. The previous Labour Government delivered the Equality Act 2010, providing an opportunity for those on the Government Benches to implement pay transparency. However, the Conservative party has never prioritised pay transparency, never mind pay equality. The coalition Government had to be dragged kicking and screaming earlier this year, by my hon. Friend the Member for Ashfield (Gloria De Piero), to agree to implement a pay transparency requirement for employers with more than 250 employees. At the same time, however, the Conservatives, along with their Liberal Democrat colleagues, ensured it was made even more difficult for women to fight equal pay claims by introducing prohibitive employment tribunal fees. As with much else that the Conservative party does—public spending cuts, welfare cuts, pension reform—it is always women who seem to bear the brunt. The figures on employment tribunal claims speak for themselves, with a 68% drop in claims being brought since fees were introduced.

For those women who can afford to bring tribunal claims and for those women who are trade union members and are lucky enough to have the backing of their trade unions, equal pay cases, as my hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) so eloquently explained, take far too long to litigate because of the evidential burden. Cases take years rather than months, and they require a woman to prove that her job is of equal value to that of a male comparator. Even job evaluation experts, however, cannot and very often do not agree on that requirement, and the result is no change for women and no change in pay inequality. That is why we need the Government to support this motion. We urgently need reform of equal pay legislation, and we must have employment tribunal fees abolished.

It is clear that pay discrimination is institutionalised across the UK. The Government need to listen and to act, because even in circumstances where equal pay is achieved, it does not deal with the underlying issue of unfair pay. As my hon. Friend the Member for Ashfield has said, the headline figure published by the Office for National Statistics is the full-time pay gap rather than the pay gap for full and part-time workers together. So, for example, in Wales, men hold nearly two thirds of all available full-time jobs and women hold 80% of the part-time jobs. Those part-time jobs are not only lower paid, but tend to be jobs that are under-valued compared to others. I am sure that Members across the House will agree that specific action to tackle institutionalised pay discrimination in this country is long overdue. By supporting this motion, the Government could demonstrate their commitment to action—rather than simply words.