Can unions challenge the gender pay gap?

The women on the tills and the men in the warehouse may have different job titles. That does not settle what their work is worth. A union can help you get the pay evidence, negotiate fair rates and pursue an equal pay claim. You do not have to wait for your employer to volunteer a solution.

The pay gap is not the same as unequal pay

A gender pay gap compares men’s and women’s average earnings. Equal pay law asks whether you receive worse contractual pay or benefits than someone of the other sex doing equal work. Either sex can bring a claim.

The ONS April 2025 figures put the UK median hourly gap for full-time employees at 6.9%, down from 7.1% in 2024. Across all employees, including part-time staff, it was 13.1%. Full-time median hourly earnings were £20.27 for men and £18.87 for women. These are national figures, not proof that two people doing equal work receive different pay.

Your employer can report a small gap while still paying a particular woman unlawfully less. A large gap can reflect women being concentrated in lower-paid grades, even where everyone in each grade receives the same rate. Ask about both the rates and who gets into the better-paid jobs.

Related detail on the reporting duty is in our Gender pay gap reporting: who must report? guide, and the claim route is explained in Equal pay: can colleagues be paid differently?

How to get the pay information

You can ask colleagues about their pay. A recognised union has a separate statutory route to information needed for bargaining. Neither gives you permission to take someone else’s personnel records.

1. Your right to talk about pay

Under section 77 of the Equality Act 2010, a contract cannot enforce a ban on sharing or seeking pay information to find out whether pay is connected to a protected characteristic, including sex. The protection covers workers as well as employees. A zero-hours label does not remove it.

The law also protects against victimisation for relevant pay discussions, including asking a colleague and receiving their answer. It is not blanket permission to publish everyone’s wages. Tell your colleague why you are asking, let them decide what to share, and keep a record of any threat, disciplinary action or lost shifts afterwards.

2. The union right to pay data

If an independent union is recognised for your group of workers, section 181 of the Trade Union and Labour Relations (Consolidation) Act 1992 requires the employer to disclose information without which bargaining would be materially impeded, where good industrial relations practice calls for disclosure. Recognition can be voluntary or statutory. The right concerns the workers and bargaining matters covered by that recognition.

Your rep can request rates and pay bands, allowances, bonuses and progression criteria, with figures broken down by sex where they meet that test. Ask for the information that will expose the problem. For a cleaning team, that might mean comparing cleaners’ grades with maintenance grades rather than asking for one company-wide average.

There are limits. Section 182 excludes information specifically about an individual unless they consent. It also protects certain confidential information and does not require compilation work out of reasonable proportion to the information’s bargaining value. The union cannot simply demand every named worker’s payslip.

If the employer refuses, the union can complain to the Central Arbitration Committee. The CAC can decide whether the disclosure duty has been breached and what information should be supplied; further statutory remedies exist for continued non-compliance. Our guide to bargaining information explains the process.

3. Use the evidence to negotiate the rates

A useful bargaining demand names what must change. That could be one rate for the same grade, a review of how caring and cleaning skills are valued, access to paid training, or promotion criteria that do not shut out part-time staff.

Compare the whole pay package. A warehouse night allowance might explain part of a difference; it does not automatically explain the basic rate, bonuses or every other benefit. Ask the employer to account for each difference rather than treating one explanation as an answer to everything.

Get agreed rates, progression rules and implementation dates in writing. A collective agreement is normally not itself legally enforceable unless it expressly says otherwise. Suitable pay terms can become part of your individual contract, where you can enforce them. Do not assume every promise in an agreement has that effect.

Negotiate, litigate, or both

Bargaining can improve pay across a workforce. An equal pay claim challenges a particular unlawful difference and can recover arrears. You can pursue both, but talks must not be allowed to run down a claim deadline.

The law recognises three kinds of equal work: like work, work rated as equivalent under a job evaluation scheme, and work of equal value. Equal value looks at demands such as skill, effort and responsibility. Different job titles do not rule it out. Your comparator normally works for the same or an associated employer; comparisons across different workplaces need legal advice about the applicable terms.

If a woman establishes equal work and worse terms, the employer must explain the difference through a material factor defence. A reason tainted by direct sex discrimination will not do. Where a factor disadvantages women as a group, the employer may also have to objectively justify it. “That is what the market pays” is not an automatic defence.

For a council care assistant, a male refuse worker may be worth investigating as a comparator. For a cleaner employed by a contractor, the maintenance worker employed directly by the building owner is not automatically available. Working on the same site is not enough. Give your union the names of the employers as well as the job descriptions.

A 2024 tribunal ruling involving more than 3,500 Next shop workers shows why different jobs can be compared. The predominantly female retail staff challenged higher warehouse pay after a six-year legal fight. The reported estimate of more than £30 million in back pay was not a statement that every claimant had received their money. A tribunal stage victory and a completed payout are different things.

How to get a union recognised where you work

Recognition gives a union the standing to bargain for a defined group of workers, the bargaining unit. You can join a union and seek its help before it is recognised. The employer’s refusal to recognise it does not stop you bringing an equal pay claim.

1. Contact the union for your sector. Try Usdaw for retail, UNISON for care and NHS support, or Unite and GMB for workplaces such as hospitality, food production and logistics. Ask whether your employer already recognises a union. Membership protection does not depend on length of service, though the law distinguishes workers’ detriment rights from employees’ dismissal rights.
2. Ask the union about voluntary recognition. It can write to the employer proposing the group it will represent and the matters it wants to bargain over. An employer can agree without a CAC application, including at a small workplace.
3. Check the statutory route if the employer refuses. The 21-worker threshold applies to the employer together with associated employers. It is not a minimum size for your proposed unit. It can be met on the request date or as an average over the preceding 13 weeks. The union normally needs at least 10% membership within the proposed bargaining unit. Other admissibility rules still apply.
4. Build support for any ballot. For new applications from 6 April 2026, the union no longer has to demonstrate that most workers are likely to favour recognition at the application stage. If the CAC orders a ballot, a simple majority of votes cast is enough. A 300-worker unit needs at least 30 members for the membership test; that alone does not secure recognition.
5. Make pay evidence the first bargaining demand. Statutory recognition covers pay, hours and holidays. Ask for the relevant breakdown, a joint equal pay review and written rates. Recognition obliges bargaining; it does not oblige the employer to accept every pay demand.

See our guides to union recognition and joining a union for the wider process.

What the pay gap report can tell you

In Great Britain, private and voluntary-sector employers with at least 250 employees on the 5 April snapshot date must publish the required statistics by 4 April the following year. They report mean and median hourly pay gaps, mean and median bonus gaps, the proportions receiving bonuses and the proportions in each pay quartile. Publication is not an equal pay audit.

Public bodies covered by the 2017 public-sector reporting rules use a 31 March snapshot and a 30 March deadline the following year. Separate Scottish duties can apply below the 250 threshold. Smaller private employers can report voluntarily, and equal pay law still applies to them. Agency staff generally count towards the agency’s reporting headcount, not the hirer’s.

Look up the employer’s legal name on the GOV.UK gender pay gap service. A care home or restaurant may be one site within a much larger reporting employer. Read the pay quartiles as well as the headline gap. If women fill the lowest-paid quarter, ask what keeps them there and what the employer will change.

On 1 October 2026, gender pay gap and menopause action plans are voluntary. Making them mandatory is scheduled for March 2027 in public authorities and April 2027 for private and voluntary-sector employers. A union need not wait for that duty to negotiate a plan with dates and named responsibilities.

Protect your claim while you negotiate

For an ordinary equal pay claim in Great Britain, section 129 of the Equality Act sets a six-month qualifying period beginning with the last day of employment. This was already the equal pay rule before October 2026. You can claim while still employed; you do not have to resign first.

Notify Acas for early conciliation before filing a tribunal claim unless an exemption applies. Timely notification pauses the limitation clock and can extend the filing deadline. It does not give you a fresh six months after conciliation. A grievance or pay negotiation does not stop the clock.

The start date can be more complicated where contracts change, a stable working relationship ends, facts were concealed or incapacity is involved. Separate sex discrimination or retaliation claims can have different deadlines and transitional rules. Ask your union’s legal service or Acas to calculate each deadline rather than working from the headline alone.

1. Keep the evidence you can lawfully access. Save your payslips, contract, job description, rotas, allowances and messages about pay. Write down the duties you actually perform, including responsibility for people, stock or equipment.
2. Put the question in writing. You might write, “Please explain why my basic hourly rate differs from the warehouse grade, and how the skills and responsibilities of each role were assessed.” Ask colleagues whether they are willing to share their own rates for an equal pay check.
3. Ask a rep to assess the comparison. Give them the employers’ names, the pay components and the jobs involved. If you have no union support, seek advice from Acas, Citizens Advice or a law centre. Check legal funding before committing to a group claim.
4. Protect the deadline independently of the grievance. Contact Acas promptly if a claim may be needed. If your employer cuts shifts or threatens you after protected pay discussions or union activity, keep the evidence and seek advice about a separate claim.

A tribunal can determine unequal pay and award arrears. The CAC handles recognition and bargaining-disclosure disputes, not your individual equal pay award. The EHRC oversees compliance with the gender pay gap reporting duty. These are different routes; a complaint about a missing report will not recover your unpaid wages.

What is changing, and when

These are the relevant Employment Rights Act 2025 changes as at 1 October 2026. Scheduled reforms are not rights you can use today.

1. 6 April 2026In force. Recognition rules simplified

   The majority-likely-support test and the ballot requirement for support from 40% of the whole unit were removed for new applications. Voluntary gender pay gap and menopause action plans also opened.

2. 1 October 2026In force. Most tribunal time limits extended

   Most three-month claim limits increased to six months, with transitional rules for earlier events. Ordinary equal pay claims already had their separate six-month rule.

3. 30 October 2026Scheduled. Workplace access and rep rights

   New union workplace access rules, stronger facilities and time-off rights for some reps, and protection against industrial-action detriment are due. They are not yet in force at this article’s review date.

4. 1 January 2027Scheduled. Employers must tell workers about unions

   The duty to inform workers of their right to join a trade union is due to begin.

A new Adult Social Care Negotiating Body is scheduled to start in October 2026. Establishing a body is not the same as a new pay rate taking effect. Mandatory gender pay gap and menopause action plans are scheduled for March 2027 in public authorities and April 2027 for private and voluntary-sector employers; electronic recognition ballots are scheduled for August 2027, under the timetable updated on 22 October 2026.

Scotland and Northern Ireland

In Scotland, the Equality Act and GB recognition rules apply, but equal pay arrears are generally limited to five years rather than six. Listed Scottish public authorities with at least 20 employees also have a separate duty to publish gender pay gap information every two years.

Northern Ireland has its own equal pay law and industrial tribunal system. It also has a statutory recognition procedure through the Industrial Court, not the GB CAC. Do not use the GB recognition reforms or reporting timetable as a statement of Northern Ireland law. Seek local advice from the Labour Relations Agency or Equality Commission for Northern Ireland, and read our Northern Ireland guide.

Questions people ask

Can my contract stop me discussing pay?

In Great Britain, not where the discussion meets section 77’s purpose of checking whether pay is connected to a protected characteristic, including sex. Relevant discussions are also protected against victimisation. It is not a general right to disclose confidential records about other people.

Does a published gap prove unlawful unequal pay?

No. A workforce average cannot settle an individual equal pay claim. You need to examine the contractual terms and the equal-work comparison. A small reported gap does not rule out unlawful unequal pay either.

Can shop floor staff compare with warehouse staff?

Different jobs can be work of equal value. The employer and comparator rules must also be met, and the employer can raise a material factor defence. Ask a union adviser to assess the jobs, terms and hourly rates together.

Can I get help if the union is not recognised?

Yes. A union can advise or represent members without recognition, subject to its membership and legal-support rules. Recognition is needed for the statutory bargaining-disclosure route, not for an individual equal pay claim. Joining does not guarantee funding for a dispute that already exists.

Do agency and zero-hours staff have equal pay rights?

A zero-hours contract does not by itself remove equal pay protection. The Equality Act’s employment definition is wider than the ordinary employee category. Agency arrangements need closer advice about who employs you, the available comparator and any separate contract-worker discrimination claim. Do not assume you can compare automatically with the hirer’s permanent staff. Genuine self-employment does not normally carry an equality-clause claim.

How long do I have to claim?

Ordinary GB equal pay claims normally have a six-month qualifying period beginning with the last day of employment, subject to early conciliation and special rules. You can act while still employed. Do not let an internal grievance delay advice or Acas notification.

Sources

1. Equality Act 2010, equality of terms, legislation.gov.uk. Equal work, comparators and the material factor defence.
2. Equality Act 2010, section 77, legislation.gov.uk. Protected pay discussions.
3. Equality Act 2010, section 129 and section 132, legislation.gov.uk. Equal pay time limits and arrears.
4. Equal pay advice for employees, Acas. Evidence and comparator requirements.
5. Trade Union and Labour Relations (Consolidation) Act 1992, sections 181 to 185, legislation.gov.uk. Bargaining information and disclosure remedies.
6. Section 182 disclosure restrictions, legislation.gov.uk. Individual consent and other exceptions.
7. Schedule A1 recognition procedure, legislation.gov.uk. Employer headcount and the required membership percentage.
8. Recognition changes from 6 April 2026, Central Arbitration Committee.
9. Section 179, collective agreements, legislation.gov.uk. Presumption against legal enforceability.
10. Gender Pay Gap Information Regulations 2017 and reporting and action-plan guidance, legislation.gov.uk and GOV.UK.
11. Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, as amended, legislation.gov.uk. Scottish public-sector reporting duties.
12. Gender pay gap in the UK: 2025, ONS. April 2025 median gaps and hourly earnings.
13. Trade union membership UK 1995 to 2025, DBT, May 2026. Collective-agreement coverage and membership by weekly earnings.
14. Employment tribunals in crisis, Work Rights Centre, June 2026. December 2025 open caseload and annual increase.
15. Next workers win equal pay claim, BBC, August 2024. Tribunal ruling and reported back-pay estimate.
16. Employment Rights Act 2025 timetable, Acas. In-force and scheduled reforms.
17. Trade Union and Labour Relations (Northern Ireland) Order 1995, Schedule 1A, legislation.gov.uk. Northern Ireland statutory recognition.