Britain’s Equality and Human Rights Commission (EHRC) has urged the government to ban employers from asking job applicants about their previous salaries, arguing that such questions perpetuate existing pay inequalities. The commission also called for greater transparency in pay practices, including requiring employers to disclose salary information of current employees.
The EHRC made its recommendations in response to a recent government consultation aimed at reforming equal pay laws. The government’s proposals include mandating that companies publish salary details in job adverts or provide the information in writing before interviews if no advert is placed. Additionally, plans were outlined to create a new enforcement unit and introduce measures to accelerate the resolution of pay disputes, which can often take years to settle.
Mary-Ann Stephenson, chair of the EHRC, described the current system as overly complex and difficult for workers to navigate, often limiting their opportunities. Stephenson praised the government’s move to require salary disclosure in job postings as a positive step but emphasized that employers should not be allowed to inquire about candidates’ salary history or expectations. She argued that such practices risk embedding existing inequalities into new roles, rather than addressing them.
In addition to opposing salary history questions, the EHRC recommended strengthening the government’s proposal for a statutory pay questionnaire. This tool would enable workers to request pay information from employers to identify potential discrimination before pursuing legal action. However, the commission stressed that the questionnaire would only be effective if employers were legally required to respond promptly. It also expressed readiness to host the proposed Equal Pay Regulation and Enforcement Unit, though it noted that sufficient funding would be essential for its success.
Supporting the EHRC’s concerns, research by the Fawcett Society cited in the commission’s submission found that 58% of women and 54% of men believed questions about previous earnings contributed to them receiving lower wages.
The government’s consultation, launched in July, acknowledged widespread challenges within the current equal pay system, describing it as excessively complex. Over 10,000 equal pay claims are brought before employment tribunals annually, with some disputes lasting a decade or more.
The EHRC’s proposals seek to simplify pay transparency and enforcement, with the goal of reducing pay discrimination and enabling workers to challenge unfair treatment more effectively. The government is expected to consider the commission’s feedback as it finalizes legislative reforms on equal pay.