by Paula Määttä

XI. United Kingdom

E. The role of the social partners

1. Collective agreements and equal pay

The United Kingdom has a weak system of collective bargaining, with no minimum wage. The main form of collective bargaining is the firm-level system, with declining industry-level collective bargaining. It excludes non-union firms and has no extension mechanisms. Since the collective bargaining system is decentralised, pay determination tends to widen differentials between different occupations and sectors, and to disadvantage women. (Rubery & Fagan 1995, pp. 18, 41.)

Under the Equal Pay Act, the implementation of the principle of equal pay means that all discriminatory provisions are supposed to be removed from collective agreements by the organisations of employers and employees. Thus, a primary obligation of employers and trade unions is to ensure that collective bargaining agreements avoid discrimination. Any provision of a collective agreement applying specifically to men or women needs to extend to both men and women. Moreover, no provision should be less favourable in any respect for women.

Until 1993, there were systems of minimum wage protection that were specific to particular types of industries and locations. Industry-level agreements are not binding on non-signatories; in practice, they do not even bind signatories. The majority of workers are dependent upon managerial discretion for pay determination. This voluntary system has been supplemented by the wage councils which set legal minimum wages protecting women against low pay and lack of organization in industries where collective bargaining was not effectively established. This protection has now been abolished. The TUC made a complaint to the European Commission that the decision to abolish wages councils indirectly discriminates against women. (Rubery & Fagan 1995, pp. 18, 41.)

2. Campaigns and seminars

Women are under-represented in trade unions, but unions try to increase women's participation in many ways. They have organised courses and published documents aimed at informing women about unions and their meetings. Some unions have set a quota system to redress the under-representation of women in union delegations to the annual Trades Union Congress. (Dickens 1993, pp. 21-22.)

Many unions are carrying out publicity campaigns to demonstrate that women will benefit from stronger equality measures and better working conditions under union representation. The United Kingdom Transport and General Workers' Union (TGWU) has launched a campaign to recruit and represent as many of the United Kingdom's part-time and temporary workers as possible. In 1991 the TUC also held a conference on this issue. (ILO, 19-23 Nov 1990, 70.; Dickens 1993, p. 15.)

3. Effect of the Equal Pay Act

The existence of the Equal Pay Act places an important, positive, external pressure on unions and employing organisations. A legal right to equal pay may shape the issue as an individual legal matter rather than one to be collectively negotiated. When women enforce their legal rights successfully, it becomes a significant source of pressure for equality bargaining. In 1987, a major food retail company, Sainsbury's, reached an out-of-court settlement with the Union of Shop Distributive and Allied Workers (usdaw) in respect of a claim for equal pay for work of equal value lodged by a checkout operator comparing her job with that of a warehouseman. After this, the union was invited to participate in a job evaluation working group, and its membership, like its salary bill, increased. Similarly, an equal pay case in the banking sector stimulated the revision of payment structures. (Dickens 1993, pp. 15-16.)

Unions use equal pay cases to promote the principle of equal pay. They carry out research and inform negotiators of useful statutory and case law developments for pushing bargaining for pay review. This has happened, for example, in the health service where the unions and the National Health Service (NHS) managers agreed to negotiate a new equality-informed job evaluation scheme. (Dickens 1993, p. 16.)

The TUC has issued a set of guide-lines on equal pay for work of equal value for all their member unions to follow, as well as an equal value negotiator's pack. In addition, they have been running a series of regional seminars on this question to assist negotiators in preparing equal value claims. (ILO, 19-23 Nov. 1990, p. 77.)

4. Aim to raise the salary level of women

The General Municipal and Boilermakers and Allied Trade Union (GMB) has set as a priority the raising of the salary level of the lowest paid to at least 80 per cent of the skilled worker's rate. It was identified that this could be achieved through schemes that reflect the principle of equal pay for work of equal value and the reduction of the number of grades by eliminating the bottom grades in order to counteract job segregation, where women are concentrated in the lowest paid jobs. (ILO, 19-23 Nov. 1990, p. 77.)

5. Women's departments and equality posts

Many unions have women's departments which examine the obstacles encountered by women in obtaining equal treatment in trade union affairs. For example, the TUC established an Equal Rights Department in 1988. They organise special women's conferences and meetings geared to the needs of women trade unionists. They have also incorporated demands for equality into collective bargaining and agreements, and they have developed programmes for enhancing the role of women. (ILO, 19-23 Nov. 1990, p. 74.)

A number of unions have equality posts or equality structures. These are in addition to the usual representative and decision making structures which generally extend from branch to national executive, with a national delegate conference, and include intermediate geographical or industrial/sectoral levels of committees and conferences. For example, The General, Municipal, Boilermakers and Allied Trades Union (GMB) has a national Women's Officer. There is a National Equal Rights Committee which reports to the Central Executive Council. There are also a National Equal Rights Conference and a Regional Equal Rights Conference, which are advisory in nature and attempt to raise issues of particular concern to women members. The Union of Shop Distributive and Allied Workers (usdaw) has a National Women's Officer, a National Women's Committee, Divisional Women's Co-ordinators, and it holds a National Women's Conference. (Dickens 1993, pp. 22-23.)