Open consultation

Annex A: Full list of consultation questions

Published 14 July 2026

Applies to England, Scotland and Wales

Annex A contains all the consultation questions in one place. You cannot respond to the consultation on this page.


To see the questions and submit your responses, see ‘How to respond’ on the consultation page on GOV.UK.

Pay transparency 

Pay transparency in recruitment

Question 1: Do you agree or disagree with the proposal to require employers to publish pay information either in job adverts, or in writing to the candidate before the interview (if there is no job advert)?

Question 2: Please explain your answer

Question 3: What pay information or conditions would be proportionate for this requirement? Examples might include salary, collective bargaining provisions, annual adjustments, or other financial benefits.

Question 4: What level of pay information should employers be required to publish in job adverts or disclose before an interview? For example, should a pay range, specific salary or benchmark rate be required?

Job evaluations and pay audits

Exceptions to the requirement that an Employment Tribunal order an equal pay audit

Question 5: Do you agree or disagree with the proposal to reduce the list of current exceptions of when an Employment Tribunal must order an equal pay audit after finding an equal pay breach?

Question 6: Please explain your answer

Mandating that an employment tribunal must order the implementation of a non-discriminatory job evaluation scheme

Question 7: Do you agree or disagree with the proposal that an Employment Tribunal must also order the implementation of a non-discriminatory job evaluation scheme alongside an equal pay audit, where it has found an equal pay breach?

Question 8: Please explain your answer

Standard questionnaire in pay discrimination disputes

Question 9: Do you agree or disagree with introducing a new statutory questionnaire for pay discrimination claims only?

Question 10: Please explain your answer

Question 11: What questions do you think should be included in a statutory questionnaire to facilitate the early resolution of cases?

Question 12: What steps would you recommend taking to ensure the questionnaire procedure is as efficient as possible?

Pay transparency: impacts and scope

Question 13: If the proposals set out in this chapter were implemented, how might employers change how they operate? For example, regarding recruitment practices or pay and conditions

Question 14: If the proposals set out in this chapter were implemented, what costs do you think employers would face, if any? For example, wage, administrative or legal costs.

Question 15: Are there any proposals set out in this chapter that may take employers more than a year to implement?

Question 16: Please explain your answer, including how long you think any proposal may take to implement?

Question 17: Are there other changes to pay transparency that you would recommend the government considers?

Pay discrimination enforcement

Equal Pay Regulatory and Enforcement Unit

Question 18: What specific steps or guidance should be taken to improve clarity about when an employer can lawfully pay people differently for equal work, particularly regarding the application of the material factor defence?

Question 19: Please explain your answer, including any specific elements, examples or guidance you think the government should consider.

Institutional home of the Unit

Question 20: Where do you think the Equal Pay Regulatory and Enforcement Unit should be based?
 

• EHRC
• Fair Work Agency
• Other government agency
• New, independent body
• Other, please specify

Question 21: Please explain your answer.

New Unit powers to support enforcement activities 

Question 22: Do you agree or disagree that the Unit should have the ability to require the disclosure of evidence before triggering a formal investigation process? For example, verbal evidence, pay data and information.

Question 23: Please explain your answer 

Question 24: Do you agree or disagree that the existing investigation powers should be strengthened to enable the Unit to require that a job evaluation scheme and/or equal pay audit be undertaken as part of the investigation process, where this would help to establish whether pay discrimination has occurred?

Question 25: Please explain your answer

Question 26: Do you agree or disagree that the Unit should have the ability to require those subject to inquiry recommendations to respond to them and provide updates on implementation?

Question 27: Please explain your answer

Question 28: Do you think the Unit should have additional new powers or capabilities to help secure remedies for workers beyond our proposal?

Question 29: Please explain your answer 

Pay discrimination enforcement: impacts 

Question 30: If the proposals set out in this chapter were implemented, how might employers change how they operate? For example, regarding recruitment practices or pay and conditions

Question 31: If the proposals set out in this chapter were implemented, what costs do you think employers would face, if any? For example, wage, administrative or legal costs. 

Question 32: Are there any proposals set out in this chapter that may take employers more than a year to implement?

Question 33: Please explain your answer, including how long you think any proposal may take to implement.

Question 34: Are there other changes to improve the enforcement of pay discrimination that the government should consider?

Making the right to equal pay effective for ethnic minority and disabled people 

Question 35: Do you agree or disagree that the Equality Act 2010’s protections against pay discrimination on the basis of race and disability, and those it provides under the equal pay scheme against pay discrimination on the basis of sex, should be broadly levelled-up to provide equal protection as far as possible?

Question 36: Please explain your answer 

Levelling-up direct and indirect discrimination provisions relating to race or disability 

Modification of contractual terms

Question 37: Do you agree or disagree that Employment Tribunals should be able to require the modification of the terms of a claimant’s contract in successful discrimination claims relating to pay on the grounds of race or disability?

Question 38: Please explain your answer

Question 39: What limitations or safeguards should be considered for this power, if any?

Equal pay audits

Question 40: Do you agree or disagree that existing requirements should be widened so that employers found to have discriminated in terms of pay on the basis of race or disability can be required to undertake an equal pay audit and job evaluation scheme?

Question 41: Please explain your answer

Question 42: To support employers with pay audits covering sex, race and/or disability, what main areas should the guidance cover?

Equivalence of work 

Question 43: Do you agree or disagree with the proposal to allow claims for race and disability pay discrimination where the work is not materially similar but is of equal value?

Question 44: Please explain your answer

For employers and businesses:

Question 45: Do disabled employees in your organisation mostly work in specific roles? (For example do they work in specific roles within technology and IT)

Question 46: [If yes to question 45] Which roles do disabled employees work in?

Question 47: [If yes to question 45] Approximately how many disabled people are employed in these roles?

Question 48: [If yes to question 45] Do you think any of these roles would require a formal job evaluation to establish if there is equal pay for equal work?

Question 49: Do employees from ethnic minority groups in your organisation mostly work in specific roles?

Question 50: [If yes to question 49] Which roles do employees from ethnic minority groups work in?

Question 51: [If yes to question 49] Approximately how many people from ethnic minority groups are employed in these roles?

Question 52: [If yes to question 49] Do you think any of these roles would require a formal job evaluation to establish if there is equal pay for equal work?

Levelling up the equal pay scheme 

Hypothetical comparators

Question 53: Do you agree or disagree with the proposal to allow hypothetical comparators in equal pay claims in the 2 prescribed, limited scenarios described above (successor comparisons and improvement in terms)?

Question 54: Please explain your answer

Question 55: Are there any other scenarios where the use of a hypothetical comparator should be considered?

Question 56: If yes, what are those scenarios?

Time limits

Question 57: Do you agree or disagree with providing discretion to the judiciary to extend time limits for bringing equal pay claims ‘on a just and equitable basis’?

Question 58: Please explain your answer

Making the right to equal pay effective for ethnic minority and disabled people: impacts

Question 59: If the proposals set out in this chapter were implemented, how might employers change how they operate? For example, regarding recruitment practices or pay and conditions. 

Question 60: If the proposals set out in this chapter were implemented, what costs do you think employers would face, if any? For example, wage, administrative or legal costs.

Question 61: Are there any proposals set out in this chapter that may take employers more than a year to implement?

Question 62: Please explain your answer, including how long you think any proposal may take to implement

Question 63: Are there other changes that you think the government should consider?

Promoting pay equality in contractual arrangements

Outsourcing

Question 64: Do you agree or disagree with the proposal to introduce a new duty on contracting parties to take all reasonable steps to uphold pay equality in contractual arrangements?

Question 65: Please explain your answer

Question 66: Do you agree or disagree that the Equal Pay Regulatory and Enforcement Unit should be able to enforce this duty?

Question 67: Please explain your answer

Question 68: Do you agree or disagree that the duty to take all reasonable steps should apply to all parties involved in the outsourcing arrangement? This would mean that the principal(s), outsourced service provider(s) and intermediaries in more complex chains could be liable for a breach.

Question 69: Please explain your answer

Question 70: What specific steps do you think would be reasonable and proportionate for either a small, medium or large employer to take to fulfill this duty?

Question 71: Do you agree or disagree that contracting parties should not be required to pay compensation but should be required to take reasonable steps to ensure ongoing pay equality in their contractual arrangements?

Question 72:  What remedies do you believe should be available to a claimant when a contracting party is found to be in breach of this duty? Please provide details on the types of remedies or corrective actions you would like to see implemented.

For businesses and employers only:

Question 73: Does your business act as an external service provider that supplies labour or services to another organisation?

Question 74: [If yes to question 73] Do you think your business would need to review the contractual terms of your employees to meet these proposals?

Question 75: Does your business act as a ‘principal’ by commissioning and receiving work or services that are fulfilled by outsourced workers through external providers?

Question 76: [If yes to question 75] Do you think your business would need to review the contractual terms of your employees to meet these proposals?

Promoting pay equality in contractual arrangements: impacts

Question 77: If the proposals set out in this chapter were implemented, how might employers change how they operate? For example, regarding recruitment practices or pay and conditions.

Question 78: If the proposals set out in this chapter were implemented, what costs do you think businesses would face, if any? For example, wage, administrative or legal costs.

Question 79: Are there any proposals set out in this chapter that may take businesses more than a year to implement?

Question 80: Please explain your answer including how long you think any proposal may take to implement?

Question 81: Are there other changes aimed at promoting pay equality in contractual arrangements that you think the government should consider?

Geographical scope 

Question 82: Do you agree or disagree that the proposed measures should retain the same geographical scope as the discrimination and equal pay provisions of the Equality Act 2010 (applying to England, Wales, and Scotland)?

Demographic section

Part 1: Information about you or your organisation 

Demographic question 1: 

Which of the following are you responding as? 

• An employer or business (Please refer to section A) 
• An organisation or network which represents employers or employees (Please refer to section B) 
• Other organisation (for example a charity or research organisation) (Please refer to section C)
• An individual (Please refer to section D) 

Section A: about your business

Demographic question 2: 

Please provide your organisation’s name:

Demographic question 3: 

Approximately what is the size of your organisation? 

• Micro (1 to 9 employees) 
• Small (10 to 49 employees)
• Medium (50 to 249 employees) 
• Large (250+ employees)
• Do not know 

Demographic question 4: 

Where is your organisation mostly located? 

• Great Britain (England, Scotland and Wales)
• Northern Ireland 
• Outside the UK

Demographic question 5: 

Which sector does your organisation best fit into??

• Public sector 
• Private sector 
• Voluntary sector (for example, a charity or not-for-profit organisation) 
• Other (please specify):

Demographic question 6:

Does your business provide services or staff that have been outsourced from another business or public body?

Demographic question 7: 

Which industrial sector does your organisation best fit into? 

• Agriculture, forestry and fishing
• Mining and quarrying
• Manufacturing
• Electricity, gas, steam and air conditioning supply
• Water supply, sewerage, waste management and remediation activities
• Construction
• Wholesale and retail trade
• Transportation and storage
• Accommodation and food service activities
• Publishing, broadcasting, and content production and distribution activities
• Telecommunication, computer programming, consulting, computing infrastructure and other information service activities
• Financial and insurance activities
• Real estate activities
• Professional, scientific and technical activities
• Administrative and support service activities
• Public administration and defence, compulsory social security
• Education
• Human health and social work activities
• Arts, sports and recreation
• Other service activities
• Activities of households as employers and undifferentiated goods – and service-producing activities of households for own use
• Activities of extraterritorial organisations and bodies

Section B: about your organisation or network [employee or employer representative organisation or network] 

Demographic question 8: 

Please provide your organisation or network’s name:

Demographic question 9: 

What type of organisation or network do you mostly represent? 

• An employee representative organisation or network 
• An employer representative organisation or network 
• Both an employee and employer representative organisation or network
• Other (please specify):

Demographic question 10: 

Approximately how many members does your organisation or network represent? 

• 1 to 9 members
• 10 to 49 members 
• 50 to 249 members
• 250+ members or more 
• Do not know 

Demographic question 11: 

Where are most of your members located?? 

• Great Britain (England, Scotland and Wales)
• Northern Ireland 
• Outside the UK

Demographic question 12: 

Which sector does your organisation best fit into?

• Public sector  
• Private sector 
• Voluntary sector (for example, a charity or not-for-profit organisation)
• Other (please specify)

Demographic question 13: 

What type of organisation are you mainly?

• Disabled people’s representative organisation or network 
• Ethnic minority representative organisation or network 
• Women’s representative organisation or network 
• Other representative organisation or network
• Trade union 
• Other (please specify):

Demographic question 14: 

Which industrial sector does your organisation best fit into? 

• Agriculture, forestry and fishing
• Mining and quarrying
• Manufacturing
• Electricity, gas, steam and air conditioning supply
• Water supply, sewerage, waste management and remediation activities
• Construction
• Wholesale and retail trade
• Transportation and storage
• Accommodation and food service activities
• Publishing, broadcasting, and content production and distribution activities
• Telecommunication, computer programming, consulting, computing infrastructure and other information service activities
• Financial and insurance activities
• Real estate activities
• Professional, scientific and technical activities
• Administrative and support service activities
• Public administration and defence, compulsory social security
• Education
• Human health and social work activities
• Arts, sports and recreation
• Other service activities
• Activities of households as employers and undifferentiated goods – and service-producing activities of households for own use
• Activities of extraterritorial organisations and bodies

Section C: about your organisation (other) 

Demographic question 15: 

Please provide your organisation’s name: 

Demographic question 16: 

Where is your organisation mostly located?

• Great Britain (England, Wales and Scotland) 
• Northern Ireland 
• Outside the UK

Demographic question 17: 

Which sector does your organisation best fit into?

• Public sector 
• Private sector 
• Voluntary sector (for example, a charity or not-for-profit organisation) 
• Other (please specify):

Demographic question 18: 

Which industrial sector does your organisation best fit into?

• Agriculture, forestry and fishing
• Mining and quarrying
• Manufacturing
• Electricity, gas, steam and air conditioning supply
• Water supply, sewerage, waste management and remediation activities
• Construction
• Wholesale and retail trade
• Transportation and storage
• Accommodation and food service activities
• Publishing, broadcasting, and content production and distribution activities
• Telecommunication, computer programming, consulting, computing infrastructure and other information service activities
• Financial and insurance activities
• Real estate activities
• Professional, scientific and technical activities
• Administrative and support service activities
• Public administration and defence, compulsory social security
• Education
• Human health and social work activities
• Arts, sports and recreation
• Other service activities
• Activities of households as employers and undifferentiated goods – and service-producing activities of households for own use
• Activities of extraterritorial organisations and bodies

Section D: about you (individual) 

Demographic question 19: 

In what capacity are you responding in: 

• As an individual – my responses reflect my own views 
• On behalf of someone else – my responses reflect the views of someone else

Demographic question 19: 

What is your sex? 

• Female 
• Male 
• Prefer not to say 

Demographic question 20: 

What is your age? 

• 0 to 15
• 16 to 64 
• 65 to 74
• 75 plus
• Prefer not to say 

Demographic question 21: 

What is your ethnic group? Choose one option that best describes your ethnic group or background. 

White 

• English, Welsh, Scottish, Northern Irish, British 
• Irish 
• Gypsy or Irish Traveller 
• Roma 
• Any other White background 

Mixed or multiple ethnic groups 

• White and Black Caribbean 
• White and Black African 
• White and Asian 
• Any other Mixed or multiple ethnic background 

Asian or Asian British 

• Bangladeshi 
• Chinese  
• Indian 
• Pakistani 
• Any other Asian background 

Black Black British, Caribbean or African 

• Caribbean 
• African 
• Any other Black, Black British, Caribbean or African background 

Other ethnic groups 

• Arab 
• Other ethnic group 

Prefer not to say

Demographic question 22: 

Do you have any physical or mental health conditions or illnesses lasting or expected to last for 12 months or more 

• Yes
• No
• Don’t know
• Prefer not to say

Demographic question 23: 

Does your condition or illness/do any of your conditions or illnesses reduce your ability to carry out day-to-day activities?

• Yes, alot 
• Yes, a little
• Not at all

Demographic question 24: 

Where do you mostly work? If you are currently not in work, please indicate where you live most of the time. 

• Great Britain (England, Scotland and Wales)
• Northern Ireland 
• Outside the UK

Part 2: updates 

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