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Trade unions, equal pay and the law in the UK

Author

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  • Hazel Conley

    (Queen Mary, University of London, UK)

Abstract

Trade unions in the UK have traditionally followed a voluntarist strategy that has preferred collective bargaining and avoided the use of the law wherever possible. The exception to this has been in relation to the pursuit of equal pay between women and men. This article examines this apparent contradiction by examining the ways in which British trade unions have used the equality legislation in the past to secure equal pay through the courts. The article further considers recent legislative changes that, by adopting a reflexive approach, appeared to open up ways for equality bargaining to take place. Unfortunately the conclusion is not a positive one as political conservatism in relation to equality and judicial animosity towards trade unions have secured the status quo, ironically forcing trade unions to continue to use adversarial legal methods to pursue equal pay.

Suggested Citation

  • Hazel Conley, 2014. "Trade unions, equal pay and the law in the UK," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 35(2), pages 309-323, May.
    • Handle: RePEc:sae:ecoind:v:35:y:2014:i:2:p:309-323
    DOI: 10.1177/0143831X13480410
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    References listed on IDEAS

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    1. Miguel Martínez Lucio & Robert Perrett, 2009. "The Diversity and Politics of Trade Unions' Responses to Minority Ethnic and Migrant Workers: The Context of the UK," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 30(3), pages 324-347, August.
    2. Trevor Colling & Linda Dickens, 1998. "Selling the Case for Gender Equality: Deregulation and Equality Bargaining," British Journal of Industrial Relations, London School of Economics, vol. 36(3), pages 389-411, September.
    3. Francine D. Blau & Lawrence M. Kahn, 2003. "Understanding International Differences in the Gender Pay Gap," Journal of Labor Economics, University of Chicago Press, vol. 21(1), pages 106-144, January.
    4. Chris Howell, 1996. "Women as the Paradigmatic Trade Unionists? New Work, New Workers and New Trade Union Strategies in Conservative Britain," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 17(4), pages 511-543, November.
    5. Linda Dickens, 2007. "The Road is Long: Thirty Years of Equality Legislation in Britain," British Journal of Industrial Relations, London School of Economics, vol. 45(3), pages 463-494, September.
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    Cited by:

    1. Tessa Wright & Hazel Conley, 2020. "Advancing gender equality in the construction sector through public procurement: Making effective use of responsive regulation," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 41(4), pages 975-996, November.
    2. Laura William & Ian Cunningham, 2021. "Evaluating the role of trade unions and civil society organisations in supporting graduate educated disabled workers," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 42(3), pages 648-666, August.

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