LGA welcomes proposed review of review of existing equal pay claims rules of procedure

In its response to a government consultation on equal pay and pay discrimination, the LGA warned that a number of local authorities have or are facing “complex, very lengthy and time-consuming” equal pay litigation.

Therefore, the LGA outlined its support for a review of the existing equal pay claims rules of procedure as a “first step” to try and reduce the complexity of claims and to reduce the delays in them being heard in the tribunals.

Responding to the government’s proposals more generally, the LGA said local authorities will always seek to ensure that employees receive equal pay for work of equal value.

It said: “Underpinning this is the use in authorities of non-discriminatory job evaluation and pay auditing processes, which provide an important safeguard in that they help demonstrate that differences in pay are based on legitimate, non-discriminatory factors.

“Where such job evaluation and pay auditing are properly resourced, it helps councils identify and address potential inequalities related to any protected characteristic, before they become disputes or litigation.”

However, the LGA warned that cost pressures on local authorities mean that resources for HR teams are “under pressure”, making it increasingly difficult to maintain, monitor and update evaluations and audits, thereby increasing the risk of claims arising.

Looking at transparency in recruitment, the Association observed that local authorities already “routinely” publish pay information in job adverts and, therefore, the LGA supports “proportionate measures” including through legislation to require employers to publish such information.

It said: “This is not only because the local government sector supports the principle of pay transparency, but also because it will help ensure employers across all sectors are acting consistently in this area.”

Looking at pay audits, the LGA again noted that local authorities already “routinely” carry out pay audits, and that the proposals in this area will “reinforce the importance of regular audits”.

However, it warned that cost pressures on local authorities and their HR teams mean that maintaining such audits on a regular basis is becoming “increasingly difficult”.

The Association said: “Accordingly, while the LGA supports the proposals in this area, this is subject to local authorities being properly funded by Government to ensure such audits can be carried out on a regular basis.”

Turning to pay discrimination enforcement, the LGA welcomed the establishment of the Equal Pay Regulatory and Enforcement Unit, “subject to it being sufficiently resourced and effective to work in a way which reduces the number of equal pay claims brought on an individual basis through the tribunal system”.

The Association said: “In respect of that, effective engagement with local government, early in the unit’s formation, about the sector’s experience in equal pay matters would we believe be of assistance to all parties.”

The Office for Equality and Opportunity consultation closes on 27 October.

Lottie Winson