Equal Remuneration Convention, 1951 (No. 100) - Isle of Man

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Isle of Man

The Committee notes the Government’s first report.

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that the Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind; and payments made directly as well as indirectly by the employer to the worker which arise out of the worker’s employment. In this regard, it notes: (1) that section 14.2 of the Statutory Code of Practice on Employment – which does not impose legal obligations, nor is an authoritative statement of the law (section 1.14 of the Code) – indicates that “Pay includes basic pay; non-discretionary bonuses; overtime rates and allowances; performance related benefits; severance and redundancy pay; access to pension schemes; benefits under pension schemes; hours of work; company cars; sick pay; and fringe benefits such as travel allowances”; but (2) that there is no legally binding provision which defines the term “remuneration”, including its components. The Committee asks the Government to indicate if there exists a legally binding definition of the term “remuneration”, as well as its components, and to provide a copy of the legal text concerned.

Articles 1 and 2. Gender pay gap. The Committee notes the statistical information contained in the Earnings Survey Report 2021 according to which the average gender pay gap varied from 31 per cent in 2016 to 18.5 per cent in 2021; whereas the median gender pay gap varied from 15.5 to 7.5 per cent (approximate figures based on full-time earnings) in those years, respectively. It also notes the information contained in the draft Code of Practice on Equal Pay according to which the sectors with the widest gender pay gaps are general manufacturing, utilities, medical and health services, tourist accommodation, banking, and wholesale and retail distribution. The Committee asks the Government to continue providing information, including statistical information, on the gender pay gap and the measures taken to reduce this gap.

Article 3. Objective job evaluation. The Committee notes the information provided by the Government: (1) that rates of remuneration are determined either between employers and workers or through collective bargaining where such arrangements are in place; and (2) that a job evaluation study is conducted to determine whether work carried out is like work, work rated as equivalent, or work of equal value. The Committee requests the Government to provide information on the measures taken in order to ensure the objective evaluation of jobs (methods used) so that rates of remuneration are set without discrimination based on sex.

Enforcement. The Committee notes that, according to Section 70 of the Equality Act of 2017: (1) the Department for Enterprise may make regulations which require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees; and (2) these regulations may make provision for a failure to comply with the regulations. The Committee asks the Government to indicate if such regulations have been adopted by the Department of Enterprise and, if so, to provide a copy.