Abstract
Trade unions in the UK have traditionally followed a voluntarist strategy that has preferred collective bargaining and avoided the use of the law wherever possible. The exception to this has been in relation to the pursuit of equal pay between women and men. This article examines this apparent contradiction by examining the ways in which British trade unions have used the equality legislation in the past to secure equal pay through the courts. The article further considers recent legislative changes that, by adopting a reflexive approach, appeared to open up ways for equality bargaining to take place. Unfortunately the conclusion is not a positive one as political conservatism in relation to equality and judicial animosity towards trade unions have secured the status quo, ironically forcing trade unions to continue to use adversarial legal methods to pursue equal pay.
Highlights
It is not controversial to argue that trade unions in the UK have a chequered history in relation to equality
Whilst pay is clearly a central issue for most trade union collective bargaining agendas, it does beg the question of why in the UK equal pay for women is often sought through legislative means
The aim of this paper is to explore these issues in greater detail
Summary
It is not controversial to argue that trade unions in the UK have a chequered history in relation to equality. Some of the most important victories for equality in the UK have come about in relation to the trade unions’ influence on, and use of, the law. Most of these victories have been in relation to the battle for equal pay for women. Whilst pay is clearly a central issue for most trade union collective bargaining agendas, it does beg the question of why in the UK equal pay for women is often sought through legislative means. It is important to point out that recent events have served as a reminder that even equal pay legislation can have a powerful sting in the tail for trade unions
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