Abolition of the statutory equal pay questionnaire

[ch 5: page 55]

Equal pay claims have been made less likely following the abolition, on 6 April 2014, of the statutory equal pay questionnaire that enabled a woman to ask her employer for information about pay before deciding whether or not to issue equal pay proceedings.

However, the abolition of the formal questionnaire procedure does not stop a woman asking structured questions in writing about her pay, as new Acas guidance, Asking and responding to questions of discrimination in the workplace, makes clear (www.acas.org.uk/media/pdf/m/p/Asking-and-responding-to-questions-of-discrimination-in-the-workplace.pdf).

Neither does it stop a tribunal taking into account a refusal to answer those questions, or unclear or evasive answers, when deciding whether an employer has engaged in unlawful discrimination.

The new Acas guidance suggests a three-step approach to the questioning process in relation to pay:

• identify your comparator;

• explain how they are doing equal work to you; and

• ask further relevant pay-related questions, such as, how is pay determined by the employer and what is in the comparator’s job description that could explain the difference in pay.