This is the Acas Executive response to the Office for Equality and Opportunity (OEO) consultation on equal pay and pay discrimination. It was submitted on 23 October 2026.
About Acas and this response
Acas welcomes the opportunity to respond to the government's consultation on reform of the equal pay and pay discrimination framework.
Acas is a statutory, non-departmental public body with a duty to improve employment relations in Great Britain. We provide free and impartial advice to employers and workers, support the resolution of workplace disputes, and conciliate in employment tribunal claims – including those about equal pay.
This response focuses on areas where Acas's operational experience can add most value, and does not answer every consultation question.
Acas does not hold publicly available data specifically on equal pay claims. And while Acas data on pay and discrimination can provide useful context, it should not be treated as a direct measure of the prevalence or characteristics of equal pay claims.
Overall position
Acas supports the aims of:
- preventing pay discrimination
- enabling earlier and more effective resolution
- reducing the cost, delay and uncertainty associated with protracted litigation
Reform should give workers practical routes to understand and enforce their rights while giving employers clear, proportionate and workable expectations. The framework should be:
- accessible
- written in plain language
- designed to support compliance and early resolution, rather than create avoidable procedural disputes
Pay transparency
Acas supports greater pay transparency. Clear information about pay can:
- promote inclusion
- help applicants make informed decisions
- encourage employers to examine whether their pay practices are fair and consistent
Any requirements around pay transparency should be sufficiently specific to prevent unintended consequences or exploitable loopholes. For example, transparency about base salary alone may not reveal significant variation in bonuses, allowances or other contractual benefits. The design of any duty should therefore consider the full remuneration package, while remaining proportionate and practicable for employers of different sizes and sectors.
Job evaluation, equal pay audits and questionnaires
Job evaluation schemes and equal pay audits can help employers identify and address unjustified disparities before they develop into disputes. Any standard approach should be technically robust but straightforward to use, including for smaller employers and people without specialist legal or reward expertise. Guidance should:
- include practical worked examples showing how to identify and assess disparities
- select appropriate comparators
- evaluate jobs
- consider the material factors relied on to explain differences
- develop and monitor an action plan
Acas supports the principle of a standard questionnaire to help parties exchange relevant information at an early stage. It should be easy to find, accessible, concise and written in clear language, explaining what information is sought and why. The process should encourage focused disclosure and constructive discussion without becoming an onerous pre-litigation exercise or a source of satellite disputes. Acas would welcome the opportunity to share insight about the information that can assist conciliation and promote settlement.
Extending equal pay protections
In principle, Acas supports strengthening protection against pay discrimination because of race or disability, and addressing gaps affecting outsourced workers. Any extension should provide an effective and accessible remedy without importing unnecessary complexity from the existing equal pay regime. The interaction with existing discrimination law must be clearly explained so that workers, employers, advisers and tribunals can understand which route applies, what must be established, the available remedies and the relevant time limits.
The reforms should also reflect the distinct nature of disability discrimination. Pay differences may arise in circumstances involving reasonable adjustments, disability-related absence, or amended hours or duties. Reform and accompanying guidance should avoid discouraging employers from making lawful adjustments or taking positive steps to remove disadvantage. The framework should distinguish clearly between discriminatory pay practices and justified differences, while ensuring that evidential and procedural requirements do not make the right ineffective in practice.
Any new process should:
- be reasonable, accessible and proportionate
- not impose avoidable burdens on workers or employers
- be accompanied by clear transitional arrangements, practical guidance and sufficient time for organisations to prepare
The impact on groups who may face barriers to asserting their rights should be assessed, including disabled workers and people with limited access to legal or specialist support.
Enforcement
Acas recognises the potential value of a specialist Equal Pay Regulatory and Enforcement Unit in improving compliance and reducing over-reliance on individuals bringing long and complex claims. Acas does not take a position on the Unit's institutional home or on the precise scope of its statutory powers. The central considerations should be whether the chosen body has the independence, expertise, resources and powers needed to act effectively, and whether its activity complements rather than duplicates the roles of existing bodies.
The enforcement model should support early compliance and resolution, with clear routes for information-sharing, referral and coordination between the Unit, Acas, HM Courts and Tribunals Service and other relevant bodies. Parties should understand how regulatory activity interacts with internal workplace procedures, Acas early conciliation and tribunal proceedings. Safeguards will also be needed to minimise duplicated requests or parallel processes.
Acas would welcome the opportunity to work with the Equal Pay Regulatory and Enforcement Unit to provide insight into how disputes progress, where issues arise and what types of intervention may impact dispute resolution.
Guidance and further engagement
Acas would be pleased to support the Office for Equality and Opportunity as proposals are developed. This could include:
- sharing operational insight where available
- advising on how disputes progress and where early intervention might assist
- contributing to the design and user-testing of questionnaires and guidance
Acas would also welcome the opportunity to participate in the planned reviews of procedural rules and the independent panel of experts.