Date lodged: 18 May 2018
To ask the Scottish Government whether the law on equal pay is enforceable in the private sector and, if so, what action it can take to remind employers of their obligations.
Answered by: Angela Constance 5 June 2018
The Equality Act 2010 gives a right to equal pay between women and men for equal work which applies to all employees, including those employed in the private sector. Disputed claims for equal pay are usually heard by the Employment Tribunal and it is for the tribunal to determine whether or not to uphold an equal pay claim. If an Employment Tribunal upholds an equal pay claim, it may:
- Make a declaration as to the rights of the parties in relation to matters to which the proceedings relate;
- Order an award by way of arrears of pay or damages in relation to the complainant.
The Scottish Government expects all employers to fulfil their legal obligations and encourages employers to adopt fair working practices, including through the Scottish Business Pledge. Later this year, the Scottish Government will publish a Fair Work Action Plan which will identify additional measures that the Scottish Government can take to promote Fair Work.