Equal pay protections should be extended to race and disability, says CILEX

1 July 2025

Equal pay protections should be extended to race and disability, with pay gap reporting for race and disability made mandatory in line with gender pay gap reporting, says CILEX (Chartered Institute of Legal Executives).

The introduction of an Independent Equality Pay Enforcement Unit, stronger penalties for breaches of equal pay legislation, streamlining of employment tribunal processes and greater powers for the Equality and Human Rights Commission (EHRC) should all also be considered in order to combat pay inequalities.

At present it is only possible to bring an equal pay claim on the basis of gender, while those who believe they are paid less due to race or disability must pursue a more costly, full discrimination claim.

Responding to an Office for Equality and Opportunity consultation on existing equality legislation and possible equality law reform, CILEX says the same rights should be extended to tackle the persistent ethnicity and disability pay gap present in the UK. Gender pay gap reporting applies to businesses with at least 250 staff.

Relying on voluntary pay gap reporting alone – currently undertaken by only 15% of employers for ethnicity and 10% for disability – would not be sufficient to “tackle the root causes of pay discrimination across disability and race in the UK”. CILEX acknowledges that this would need to be backed up by practical guidance and support for businesses on meaningful data collection that is both accurate and inclusive of diverse groups of employees, and on how to rectify pay disparities.

Given one of the main barriers for making an equal pay claim is the length and complexity of the current employment tribunal process, CILEX agrees with the introduction of an Independent Equality Pay Enforcement Unit, which if properly resourced, could “significantly reduce the time and costs of litigation”.

CILEX also recommends greater powers for the EHRC to enforce strong and immediate sanctions for non-compliance. Given that many employees do not bring claims due to fear of “retaliation or victimisation”, it argues as well that other individuals or organisations – such as charities and trade unions – should be able to bring claims on their behalf, including through group actions or representative claims.

CILEX called on the government to revisit current legislative gaps in the Equality Act 2010 that omit combined and dual discrimination, recommending that discussions around section 14 – which prohibits direct discrimination because of a combination of two protected characteristics but has never been brought into force – take place to resolve this lack of legislative protection that can result in additional time, cost and emotional distress for both claimant and employer.

CILEX President Yanthé Richardson says: “Tackling the pay inequality and discrimination that continues to persist in the UK when it comes to race and disability is a priority and CILEX strongly supports bringing in further protections under equal pay legislation alongside stronger enforcement powers and measures to make it more straightforward for employees to bring a claim.

“Mandatory reporting would not only provide valuable data to highlight where pay disparities are appearing and why, it would also drive behavioural change. We have seen the impact gender pay gap reporting has had on reducing pay discrimination and so broadening this to encompass race and disability will force businesses to tackle the undoubted pay gaps that exist.”

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ENDS

For further information, please contact:

Louise Eckersley, Black Letter Communications on 0203 567 1208 or email at [email protected]

Kerry Jack, Black Letter Communications on 07525 756 599 or email at [email protected]

Notes to editors:

CILEX (The Chartered Institute of Legal Executives) is one of the three main professional bodies covering the legal profession in England and Wales. The approximately 18,000 -strong membership is made up of CILEX Lawyers, Chartered Legal Executives, paralegals and other legal professionals.

CILEX pioneered the non-university route into law and recently launched the CILEX Professional Qualification (CPQ), a new approach to on-the-job training that marries legal knowledge with the practical skills, behaviours and commercial awareness needed by lawyers in the 2020s.

The CPQ is a progressive qualification framework that creates a workforce of specialist legal professionals, providing a career ladder from Paralegal through to Advanced Paralegal and ultimately full qualification as a CILEX Lawyer. CILEX Lawyers can become partners in law firms, coroners, judges or advocates in open court.

CILEX members come from more diverse backgrounds than other parts of the legal profession:

• 76% of its lawyers are women
• 16% are from ethnic minority backgrounds
  • 8% are Asian or Asian British
  • 5% are Black or Black British
  • 3% are from a mixed ethnic background
• 77% attended state schools
• 63% come from families where neither parent attended university
• Only 3% of its members have a parent who is a lawyer.

CILEX members are regulated through an independent body, CILEx Regulation. It is the only regulator covering paralegals.