Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act

Simon Deakin, Sarah Fraser Butlin, Colm McLaughlin and Aleksandra Polanska

Cambridge Journal of Economics, 2015, vol. 39, issue 2, 381-403

Abstract: We present a socio-legal case study of the recent equal pay litigation wave in Britain, which saw an unprecedented increase in the number of claims, triggered in part by the entry of no-win, no-fee law firms into this part of the legal services market. Although the rise in litigation led to greater adversarialism in pay bargaining, litigation and collective bargaining mostly operated as complementary mechanisms in advancing an equality agenda. Although there are limits to the effectiveness of law-driven strategies in the face of organisational pressures to canalise and diffuse human rights, litigation may be a more potent force for social change than some recent accounts have suggested.

Date: 2015
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