Are Litigation and Collective Bargaining Complements or Substitutes for Achieving Gender Equality? A Study of the British Equal Pay Act

Deakin, Simon; Butlin, Sarah Fraser; McLaughlin, Colm; Polanska, Aleksandra

doi:10.2139/ssrn.2575741

Cited by 19 publications

(27 citation statements)

References 20 publications

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“…Hence, they have developed proactive practices in order to address union victimization issues. However, these organizational responses to law proceed from different relationships with litigation over time, seen as a substitute or complement to collective bargaining (Deakin et al, 2015). In the Automobile.inc case, the internalization of law is a direct result of litigation (group action in the 1990s and one individual case in the 2000s), whereas for Energy.inc and Navy.inc organizational responses existed before legal action.…”

Section: Discussionmentioning

confidence: 99%

“…Their interactions are often complicated and can vary over time. Studies on equal pay have demonstrated that litigation can be a trigger for more proactive 'rights practices' in the UK public sector (Deakin et al, 2015;Guillaume, 2015b), but it also develops on the back of existing collective agreements. Moreover, organizations can respond at TEMPLE UNIV on June 5, 2016 eid.sagepub.com Downloaded from to legal constraints in very different ways depending on other internal and external pressures such as the proximity to the public sphere, the presence of a human resource department and the level of unionization (Edelman, 1992).…”

Section: The Internalization Of Law: Processes Actors and Meaningsmentioning

confidence: 99%

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The promises and pitfalls of collective bargaining for ending the victimization of trade union activists: Lessons from France

Guillaume¹,

Pochic

Chappe

2016

Economic and Industrial Democracy

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International audienceThe broadening of the anti-discrimination legislation and the growing use of litigation have put pressure on organizations to respond to the law by elaborating formal rules and, in the case of France, negotiating collective agreements on union rights. This article addresses the issue of union victimization by investigating the various organizational responses to anti-discrimination law. By focusing on in-depth case studies over a long period of time, it offers new insights into the processes whereby law is internalized and how they interact with litigation over time, and also highlights the active, contested and changing role of HR professionals and trade unionists in the shaping of organizational responses

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Section: Discussionmentioning

confidence: 99%

Section: The Internalization Of Law: Processes Actors and Meaningsmentioning

confidence: 99%

The promises and pitfalls of collective bargaining for ending the victimization of trade union activists: Lessons from France

Guillaume¹,

Pochic

Chappe

2016

Economic and Industrial Democracy

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“…The article addresses the interplay between the four dimensions of substantive equality in the fight over carers' pay. It builds on studies such as those focused on the British Equal Pay Act that suggest the path to pay equity is not a straightforward story of one form of regulation substituting for another (Deakin, Butlin, McLaughlin, & Polanska, 2015). The analysis also provides support for the idea that political commitment rather than just a reliance on technical solutions will achieve redistribution to minimize gender pay inequity (Rubery & Grimshaw, 2015).…”

Section: Substantive Equality: a Theoretical Frameworkmentioning

confidence: 95%

Achieving pay equity: Strategic mobilization for substantive equality in Aotearoa New Zealand

McGregor

Davies

2018

Gender Work & Organization

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In an unprecedented move the New Zealand Government in 2017 announced a $2 billion pay equity settlement for 55,000 healthcare workers in aged and disability residential care and home and community support services. The settlement reversed the Government's previous austerity stance that pay equity for carers was too expensive, and that pay parity in the sector was out of the question. The political concession followed five years of intensive equal pay feminist activism. While pay equity settlements overseas have generally used either legal opportunity structures or government intervention, this article argues it was the combination of complementary and intersecting elements of mobilization that led to the negotiated settlement. These elements include a statutory human rights inquiry; legal opportunity; civil society coalition building; increased women's voice; and a government‐led negotiated settlement. The novel theoretical contribution of this article is its empirical support for the concept of substantive equality.

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“…In many countries, progress on the gender pay gap has been slow, reflecting macro-institutional and micro-level tensions in the contested employment relationship (Rubery and Smith 2015). In the British case, for example, awareness of the limits of a litigation-based approach led in the early 2000s to new regulatory approaches, although initiatives in the Equality Act 2010 have only partly been enacted (Deakin et al 2015). Most scholars and activists agree that basic information about the gender breakdown of wages and other aspects of working life is a necessary first step in addressing any inequalities (see, e.g., Bohnet 2016), but they may disagree about how to interpret that information and what to do about it.…”

Section: Introductionmentioning

confidence: 99%

Bargained Equality: The Strengths and Weaknesses of Workplace Gender Equality Agreements and Plans in France

Milner

Demilly

Pochic

2018

Brit J Industrial Rel

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‘Bargained equality’ reflects wider characteristics of French employment relations whereby state‐driven collective bargaining is a major mode of regulation but is based on weak workplace bargaining cultures outside the largest firms. This article focuses on duties on French employers to bargain on gender equality. It presents findings of a project evaluating workplace agreements and plans on gender equality, based on a sample of 186 agreements submitted in 2014–2015, in 10 sectors, and in‐depth interviews in 20 companies. Despite a rise in formal compliance due to stronger enforcement since 2012, our analysis shows that most companies submitting plans or agreements do not systematically address quantitative measurement of pay or other gender gaps. As well as sectoral differences, the analysis also identifies ‘generational effects’: processes of change which occur as collective agreements expire and are replaced are dependent on local dynamics of bargaining. Based on this analysis, we argue that attention should be paid to the resources available to local bargaining actors, in order to promote an equality agenda.

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Are Litigation and Collective Bargaining Complements or Substitutes for Achieving Gender Equality? A Study of the British Equal Pay Act

Cited by 19 publications

References 20 publications

The promises and pitfalls of collective bargaining for ending the victimization of trade union activists: Lessons from France

The promises and pitfalls of collective bargaining for ending the victimization of trade union activists: Lessons from France

Achieving pay equity: Strategic mobilization for substantive equality in Aotearoa New Zealand

Bargained Equality: The Strengths and Weaknesses of Workplace Gender Equality Agreements and Plans in France

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