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The Regulation of Women's Pay: From Individual Rights to Reflexive Law?

Author

Listed:
  • Simon Deakin
  • Colm McLaughlin

Abstract

Legislation mandating equality of pay between women and men was among the earliest forms of sex discrimination legislation to be adopted in Britain. However, the model embodied in the Equal Pay Act 1970 is increasingly being questioned: the law is, at one and the same time, highly complex and difficult to apply, while apparently contributing little to the further narrowing of the pay gap. As a result there is a growing debate about whether a shift in regulatory strategy is needed, away from direct legal enforcement to a more flexible approach, based around the concept of 'reflexive law'. This paper provides an assessment of whether reflexive approaches are likely to work in the equal pay area.

Suggested Citation

  • Simon Deakin & Colm McLaughlin, 2007. "The Regulation of Women's Pay: From Individual Rights to Reflexive Law?," Working Papers wp350, Centre for Business Research, University of Cambridge.
    • Handle: RePEc:cbr:cbrwps:wp350
    Note: PRO-2
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    File URL: https://www.jbs.cam.ac.uk/cbrwp350/
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    More about this item

    Keywords

    equal pay; sex discrimination; reflexive law;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • J7 - Labor and Demographic Economics - - Labor Discrimination

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