Unlocking Equal Pay

This panel discussion, Unlocking Equal Pay, focuses on a book presentation, “Bridging the Gender Pay Gap through Transparency.”

Romana Wochner is a policymaker at the Chamber of Labor. “Law is social, and it’s not only social, but it’s a very political field.” When she was still studying at the University of Vienna, law was often taught as a given fact, not as something shaped by people’s decisions. If we continue with the idea that laws make ideas become reality, gender equality and the feminist perspective should have an easier path. At least, that’s what we should hope for and work towards, according to her.
Susanne Hirschberg, who owns her own law firm in Zurich, Switzerland, is also a German attorney and the Vice President of the European Women Lawyers Association (EWLA).
Bertha Boateng is Head of Legal and Compliance at Amenfiman Rural Bank in Ghana, Africa. She is also a member of the African Women Law Network and is currently completing her LLM in Corporate Law.
Martina Ernst is the founder of Fair Equal Pay and Salary Negotiations. She is an experienced HR manager and networker specializing in salary negotiations and equal pay.
Colm McLaughlin is a professor of Employment Relations at the UCD School of Business. His research focuses on comparative and institutional employment relations, particularly the effectiveness of different systems of regulation in protecting employment standards.
Alex Patrick is a Lecturer in Law at Middlesex University in London. She holds a PhD in Law from Southampton University, and researches the role of regulatory tools like pay transparency in narrowing the gender pay gap and in highlighting and eliminating unequal pay between women and men performing equal work.

Closing the Gap: A New Book Tackles Gender Pay Inequality

“If you can´t measure something, then you can´t improve it.“ ~ Susanne Hirschberg

These words, shared in a recent presentation by the European Women Lawyers Association (EWLA), underline the urgency of addressing the persistent gender pay gap. Despite over a century of legal frameworks advocating for equal pay for equal work—dating back to the Treaty of Versailles in 1919—the gap remains a stark reality.

In their upcoming book, Bridging the Gender Pay Gap through Transparency, Comparative Approaches, and Key Regulatory Conundrums, EWLA delves into the challenges and solutions surrounding this issue. The book offers a thorough analysis of pay transparency legislation across 14 European jurisdictions, examining its effectiveness and limitations in achieving equity.

One striking theme is the evolution of equal pay legislation, with the EU’s Pay Transparency Directive taking center stage. Set to be implemented by 2026, this directive not only aims to standardize pay transparency but also incorporates intersectionality—acknowledging that discrimination often arises from overlapping identities such as gender, race, and socioeconomic status.

The book also highlights the importance of collaboration. Tackling structural inequalities requires input from scholars, practitioners, political analysts, and business leaders. Notably, it emphasizes the role of “good guys”—male allies essential in challenging patriarchal systems that perpetuate pay disparities.

Beyond legislation, the book explores cultural and structural barriers, such as resistance to equal pay auditing, as detailed in a chapter focusing on the UK. These insights remind us that achieving gender pay equity is not solely a legal battle but a societal one.

This comprehensive resource, grounded in rigorous research and diverse perspectives, is a must-read for those committed to breaking barriers in the legal profession and beyond. With practical tools for attorneys, policymakers, and activists, it equips readers with the facts necessary to drive meaningful change.

As we approach the book’s November release, one thing is clear: closing the gender pay gap isn’t just a matter of fairness—it’s long overdue.

A Systemic Solution for Systemic Problem – Lessons from the UK´s Equal Pay Auditing System

„Equal pay auditing should put the onus on employers to prove they are compliant with equal pay law before a breach occurs. Unequal pay is very rarely an individual issue; it is usually a systemic issue within a particular organization.” ~ Alex Patrick

This insight from a recent presentation on gender pay equality highlights a critical flaw in the UK’s current equal pay auditing system. While the goal is clear—eliminate the gender pay gap—implementing effective measures has proven challenging, especially when the responsibility for enforcing equal pay falls on individual employees, often women.

The UK’s approach to pay transparency relies heavily on voluntary audits, encouraging employers to review their pay systems. The benefits, they are told, include better gender equality, higher employee satisfaction, and increased productivity. Yet, despite these promises, surveys reveal that most employers are uninterested in conducting these audits. Why? The majority believe their pay systems are already fair, an assumption that often overlooks systemic biases embedded within the structures of the organization.

Mandatory audits in the UK, which only kick in after a tribunal has found a company guilty of pay discrimination, have proven even less effective. An employee must first file a claim, navigate a lengthy process, and win in court before an audit is even considered. Given that only a few cases reach a tribunal, this reactive system fails to proactively address pay disparities.

In contrast, other countries in the EU have implemented more robust equal pay auditing schemes that apply to employers over a certain size, often requiring regular audits. These programs help employees identify discriminatory pay practices and encourage employers to share best practices. The transparency they foster can also lead to informal pressure on reluctant employers through „naming and shaming.“

The UK’s system, where audits are triggered only after a breach occurs, demonstrates the need for a proactive approach to closing the gender pay gap. The lesson here is clear: putting the responsibility on employers to ensure pay equality before a problem arises could be the key to driving real change.

Shattering the Glass Ceiling and Tackling the Sticky Floor: Rethinking Gender Pay Equity

„Smashing the glass ceiling is important, but what about the sticky floor keeping women in low-paid jobs?“ – Colm McLaughlin Sophie Tesarik

The ongoing conversation about gender pay equity often emphasizes breaking through the „glass ceiling“—a metaphor for the invisible barriers that prevent women from reaching top-level positions. However, as one scholar of employment relations highlighted in a recent presentation, the „sticky floor“ is an equally pressing issue. It refers to the structural conditions that trap women in low-paid roles and undervalue their work.

This concept forms the foundation of a chapter examining gender pay inequities, co-authored with Cambridge Professor Simon Deakin. The study draws from the UK and New Zealand contexts to explore the effectiveness of policy measures, particularly in balancing hard law with voluntarism—a dynamic debate in gender equality and beyond.

In the UK, voluntary initiatives to improve pay transparency proved largely ineffective. A government campaign launched in 2011 saw 250 employers pledge to disclose pay gaps. Yet, three years later, only four had done so, illustrating the failure of voluntary measures. It wasn’t until reporting became mandatory that any meaningful progress was made. This transition underscores the value of „reflexive regulation,“ which provides flexibility for organizations while maintaining enforceable standards through potential penalties.

New Zealand’s approach offers additional insights. In a landmark case, the courts rejected the argument that equal pay issues were limited to women, recognizing that male workers in undervalued care roles faced similar systemic discrimination. This broader interpretation of pay inequity led to government-backed pay increases of up to 50% for 55,000 workers in the care sector—an unprecedented achievement.

Yet, significant challenges remain. Many pay systems, particularly in fragmented or outsourced labor markets, perpetuate inequality that current legislation struggles to address. The speaker emphasized that achieving pay equity is rarely a „win-win“ scenario. It often involves navigating conflicting interests and resistance, from union negotiations to employer cost concerns.

To dismantle both the glass ceiling and the sticky floor, we need bold, actionable frameworks that recognize the systemic nature of gender pay disparities. Real progress will require more than transparency—it demands accountability and a willingness to confront deeply ingrained biases in labor practices.