Gender Pay Gap Proposals must meet Windsor Framework obligations

March 14, 2025

The Human Rights Consortium (HRC) has made a submission to the Department for Communities’ consultation on The Gender Pay Gap Information Regulations and called for progress on the Gender Pay gap to keep pace with EU developments in this field in line with current duties under the Windsor Framework. As a coalition dedicated to promoting and advancing human rights in Northern Ireland, we are committed to ensuring that gender pay disparities are addressed effectively and in compliance with international and domestic legal obligations.

Consultation Submission

In our response, (available below) we welcomed the Department’s initiative to tackle gender pay disparities and emphasized the importance of incorporating the European Union’s Pay Transparency Directive (Directive (EU) 2023/970) into Northern Ireland law. This directive, adopted in 2023, strengthens the principle of equal pay for equal work or work of equal value between men and women through enhanced pay transparency and enforcement mechanisms. By integrating these provisions, Northern Ireland would not only fulfil its legal obligations under the Windsor Framework but also significantly advance gender equality in the workplace.

Article 2 of the Windsor Framework

One of our primary concerns is the failure to consider duties under Article 2 of the Windsor Framework in the development of the Department’s approach to these regulations. Article 2(1) of the Framework commits the UK to ensuring that certain rights, safeguards, and equality of opportunity protections in Northern Ireland are not diminished as a result of the UK’s withdrawal from the EU. This includes an ongoing commitment to dynamic alignment with EU equality directives listed in Annex 1 of the Framework, such as Directive 2006/54/EC on equal opportunities and equal treatment of men and women in employment and occupation.

The EU Pay Transparency Directive amends Directive 2006/54/EC to enhance pay transparency and enforcement mechanisms. As such, the UK is obligated under Article 13(3) of the Windsor Framework to ensure that Northern Ireland’s law keeps pace with these amendments. However, upon reviewing the Department’s consultation documents and equality screening materials, we did not find any reference to Article 2 of the Windsor Framework. This oversight is concerning, as it suggests that the Department may not be actively screening policy and legislative proposals for compliance with Article 2.

Article 2 in Policy Development

We recommended that the Department for Communities implements a robust mechanism to ensure all future policy and legislative proposals are thoroughly evaluated for compliance with Article 2 obligations. Such screening is essential, as it would highlight the existing duty to transpose the EU Pay Transparency Directive into Northern Ireland law. By doing so, public authorities in Northern Ireland can demonstrate a robust commitment to closing the gender pay gap and ensuring compliance with international obligations and domestic legal duties.

The Pay Transparency Directive introduces several key measures that go beyond the current proposals in The Gender Pay Gap Information Regulations. In light of the UK’s commitments under the Windsor Framework and the enhanced protections offered by the EU Pay Transparency Directive, we urged the Department for Communities to take immediate steps to incorporate the Directive into Northern Ireland law. This action will not only ensure compliance with legal obligations but also significantly advance gender equality in the workplace.

The approach to the consultation highlights a broader issue in the lack of Article 2 screening within the development of such proposals. We want to see the Department of Communities and other departments’ within the Northern Ireland Executive working to ensure a full examination of Article 2 within their processes moving forward.