UK

Labour plans to give ethnic minorities and disabled ‘full right to equal pay’

Amy Gibbons
Mon, 5 February 2024 

Labour wants to make it easier for minority groups to bring a claim against their employer - william87/iStock Editorial

Labour is proposing to put race on the same footing as sex in equal pay claims in order to “root out” inequality.

Under the reforms, ethnic minorities and disabled people would have a “full right to equal pay” enshrined in law, bringing their legal protections on par with those of women.

In the party’s view, this would make it easier for people from minority groups to bring a claim against their employer because they would no longer have to prove “direct discrimination”.

But Kemi Badenoch, the equalities minister, suggested the change would be pointless because it is “obviously already illegal to pay someone less because of their race”.

She claimed the plans would “set people against each other”, create a “bonanza for dodgy activist lawyers” and waste millions on “red tape”.

Currently, while everyone can sue on the basis of discrimination, women have a right to equal pay for work of “equal value” written into the Equality Act 2010.

This means they are entitled to make a claim if they suspect they are being paid less than a man for a job deemed to have equal worth, even if it is technically a different role – for example, a cashier versus a warehouse worker.

‘Pointless red tape’

Labour would expand this right to include black, Asian and minority ethnic people, as well as disabled people.

It is already illegal to pay these groups less based on their protected characteristics, but they currently have to prove “direct discrimination” to sue. The reforms would allow them to make an equal pay claim instead.

Writing on social media, Mrs Badenoch said: “Labour’s proposed new race law will set people against each other and see millions wasted on pointless red tape.

“It is obviously already illegal to pay someone less because of their race. The new law would be a bonanza for dodgy, activist lawyers.”

Darren Newman, an employment lawyer, suggested that making an equal pay claim can be more complicated partly because it requires “finding an actual comparator – rather than a hypothetical one – employed on ‘equal work’”.

In a blog post, he wrote that most equal pay cases “eventually boil down to the question of whether the pay is discriminatory” anyway, adding: “It is not at all clear that an equal pay claim is better than a discrimination claim. It is, however, undoubtedly more complex.”

Racism ‘sewn into fabric of system itself’

The move forms one of the central policies in Labour’s proposed Race Equality Act, designed to deliver economic growth that “everyone can have a stake in”.

Separately, the party would enact existing “dual discrimination” laws, aimed at streamlining the process for people who wish to sue on multiple fronts. For example, the reforms would allow a black woman to make one claim for sexism and racism, rather than two.

But Mr Newman said it would be “nonsense on stilts” to claim this was beneficial, adding: “The idea that a claimant in these circumstances has to bring two separate tribunal claims is gloriously wrongheaded. There is only one act of discrimination and only one claim, even if it can be expressed in two different ways.”

The measures, written into the Equality Act, are currently lying dormant. The change would probably be made through secondary legislation. Labour said the reforms would also benefit women going through the menopause because they could bring a claim on the basis of sex and age at the same time.

However, some critics said the proposals did not go far enough.

Dr Shabna Begum, the head of the Runnymede Trust, an equality think tank, told The Guardian: “The plans fall short of addressing the formidable scale of inequalities that shape the experiences and opportunities of people of colour.

“Committing to address structural racial inequality needs to understand that racism doesn’t simply arise when the system fails – but that racism is actually sewn into the very fabric of the system itself.

“Labour must use the Race Equality Act as a platform to commit to an ambitious, cross-governmental approach supported with sustained investment addressing the unacceptable – and in some cases worsening – disparities in health, housing, wealth and policing, faced by so many communities of colour.”

What are the laws for equal pay? Labour expected to grant equal pay rights for ethnic minorities


Lola Christina Alao
Mon, 5 February 2024 

Labour said any changes they would make if they won the next general election would be gradually introduced to give employers time to adjust (Getty Images)

Labour has outlined its plans to extend full rights to equal pay to ethnic minority workers and disabled people if it wins the next general election.

Women currently have stronger protections on pay than other groups. Under the party's new plans, equal pay claims on the basis of ethnicity and disability would reportedly be treated in the same way as those made on the basis of gender.

Keir Starmer is expected to reveal updated plans for the draft Race Equality Act on Monday. The proposed changes would also enact protections against “dual discrimination”, in which people face prejudice due to a combination of protected characteristics, according to The Guardian.


However, Minister for Equalities Kemi Badenoch said this would "be a bonanza for dodgy, activist lawyers".

She said the proposed legislation would "set people against each other and see millions wasted on pointless red tape".

"It is obviously already illegal to pay someone less because of their race," Badenoch added.

Labour said any changes they would make if they won the next general election would be gradually introduced to give employers time to adjust.

The party has also established a race equality taskforce, led by Baroness Lawrence and co-chaired by shadow equalities secretary Anneliese Dodds.

"It has never been more important to deliver race equality," Ms Dodds told The Guardian on Sunday.

She added: "Inequality has soared under the Tories and too many black, Asian and ethnic minority families are working harder and harder for less and less. This is holding back their families and holding back the economy.

"We are proud of our achievements in government, from the landmark Equality Act [in 2010] to strengthening protections against discrimination. The next Labour government will go further to ensure no matter where you live in the UK, and whatever your background, you can thrive."

When was the equal pay act?

The original Equal Pay Act was passed on 29 May 1970, and came into force on 29 December 1975.

Who does it apply to?

It established that men and women should be paid equally for the same work, or work of a broadly similar nature.

How is it different from the Sex Discrimination Act 1975 and Race Relations Act 1976?

The Equal Pay Act, Sex Discrimination Act, and Race Relations Act are now all combined.

The Equality Act, came into force in October 2010, and merged and replaced the following legislation:

Equal Pay Act 1970;


Sex Discrimination Act 1975;


Race Relations Act 1976;


Disability Discrimination Act 1995;


Employment Equality (Religion or Belief) Regulations 2003;


Employment Equality (Sexual Orientation) Regulations 2003;


Employment Equality (Age) Regulations 2006;


Part 2, Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007.

The Equality Act legally protects people from discrimination in the workplace and in wider society.