Understanding the variations of unions’ litigation strategies to promote equal pay: reflection on the British case

Despite their traditional mistrust of the use of the law and their uneasy relationship with the concept of equality, British trade unions have used the law in various ways in order to advance both gender and pay equality. Since 1970, some trade unionists have been making use of European legislation to improve legal norms and build a strong body of case law. They have developed legal expertise and detailed knowledge of the practicalities of the law and have supported numerous claims. However this use of litigation has not developed consistently over time and across unions. Litigation has been quite controversial within the trade union movement. This article seeks to investigate what are the conditions under which some trade unionists have decided to rely upon litigation to further their female members’ interests, depending on the time period. The article emphasises the crucial role these local trade unionists have played in the development of equal pay litigation. The paper builds on a ‘developmental approach’ that differentiates several ‘stages’ or phases in which union’s litigation strategies for equal pay figure differently.