Equal Pay, Litigation and Reflexive Regulation: The Case of the UK Local Authority Sector

Abstract

Abstract This article contributes to the debate over reflexive regulation in relation to equality by focusing on attempts in the UK local authority sector to bring about equal pay through the implementation of the 1997 Single Status Agreement. This was a national agreement between local government employers and public sector unions that was to be implemented at local level following a local level job evaluation and grading process. Examined through the lens of reflexive regulation, the agreement can be understood as an attempt by the actors to engage in reflexive deliberation in order to give effect to the values of equal pay enshrined in legislation. The implementation process, however, was challenged by significant levels of litigation. In drawing on interview data with actors involved in the implementation of single status and litigation, the paper highlights both the potential of reflexive regulation and some of its limitation. Three issues in particular emerge for the theory of reflexive regulation: the tension between collective solutions and hard law; the extent to which existing power relations can be challenged through deliberation; and the bridging institutions that might be needed for reflexive regulation to function effectively.