Draft Equality (Race and Disability) Bill
“Legislation on race equality will be published in draft to
enshrine the full right to equal pay in law”
- The draft Bill delivers our manifesto commitments to enshrine
in law the full right to equal pay for ethnic minorities and
disabled people and to introduce mandatory ethnicity and
disability pay reporting. This will seek to create a more equal
society and support a growing economy.
What does the draft Bill do?
- The draft Bill will tackle inequality for ethnic minority and
disabled people by:
-
enshrining in law the full right to equal pay for
ethnic minorities and disabled people, making it
much easier for them to bring unequal pay claims. Claimants
currently face significant barriers when bringing pay
discrimination claims on the grounds of ethnicity or
disability. Enshrining in law the full right to equal pay for
ethnic minorities as well as disabled people will make it
easier for them to bring forward equal pay claims where they
have been underpaid.
-
introducing mandatory ethnicity and disability pay
reporting for larger employers (those with 250+
employees) to help close the ethnicity and disability pay
gaps. Surfacing pay gaps will enable companies to
constructively consider why they exist and how to tackle
them.
Territorial extent and application
- The draft Bill is likely to extend and apply to Great
Britain, mirroring measures in the Equality Act 2010 relating to
equal pay and gender pay reporting.
Key facts
- Most ethnic minority groups earn less than the White British
group. Between 2012 and 2022, for example, Black, African,
Caribbean or Black British employees consistently earned less
than their White counterparts.
- Although there has been growth in employment rates for
disabled people in recent years, disabled people have, on
average, lower incomes than non-disabled people. According to the
Office for National Statistics, there was a gap of 13.8 per cent
in 2021 and 14.1 per cent in 2019 between median pay for disabled
employees and non-disabled employees.
- Building on the success of the gender pay gap reporting,
mandatory ethnicity and disability pay reporting for large
employers will expose pay disparity, encouraging employers to
take action and coupled with additional equal pay protections
allow those who are being underpaid, with greater legal certainty
to make a claim.