The Equality and Human Rights Commission (EHRC) wants employers in Great Britain to answer pay-information requests in pay-discrimination claims, addressing a gap because relevant records are held by employers.
In its Oct. 27 response to a government consultation, the EHRC recommended bringing back a statutory questionnaire for such claims. Workers could ask about comparable employees’ annual basic pay and hours, bonus and overtime terms, job descriptions and job-evaluation records. They could follow up if an employer’s answer appeared inaccurate or incomplete.
The commission said employers should face a legal deadline to respond. It argued that the questionnaire would have little value if employers could simply decline to answer. Timely disclosure, it said, could help resolve disputes earlier and reduce workers’ reliance on an Equal Pay Regulatory and Enforcement Unit as their only route to pay data.
The EHRC said information needed to assess possible discrimination is often held by employers. A response requirement could give workers access to that evidence, while also exposing an individual’s pay when a comparison group is small. The commission called for safeguards for personal data. It said most employers already keep pay records electronically and argued that a reply duty should not create a disproportionate burden.
The EHRC described the proposal as a return to an earlier statutory questionnaire system. It also cited the Equal Pay Bill introduced in January 2020, which proposed a right to comparator pay information; the bill never reached a second reading.
The commission separately recommended barring employers from asking job applicants about their salary history or expected pay. It said the change could help reduce pay gaps and discrimination against women.
The government consultation has closed. The government says responses will inform its next steps, and the consultation page gives no date for a decision.
