Reform UK’s proposed Women and Motherhood Protection Act could cost female workers money by weakening equal pay protections, according to the Trades Union Congress (TUC), which has labeled the plans a “smokescreen” for slashing women’s rights. The legislation, unveiled ahead of the Makerfield byelection, claims to “restore equality before the law” but would remove protections for equal pay for work of equal value—a cornerstone of UK employment law since 1970. Legal experts warn the changes could disproportionately affect women in lower-paid sectors, reversing decades of progress in closing the gender pay gap.
The proposal, announced by Reform UK leader Nigel Farage, has drawn sharp criticism from labor groups, who argue it contradicts the party’s stated commitment to women’s rights. The TUC’s general secretary, Paul Nowak, described the plans as “shameless and deceptive,” while employment lawyers say the legislation could expose women to pay discrimination without clear recourse. Meanwhile, Reform UK insists the bill aims to “level the playing field” by ending what it calls “unfair advantages” in equal pay claims.
With the UK’s gender pay gap currently standing at 15.4%—meaning women earn £6,000 less annually on average than men—the timing of the proposal has raised concerns about political opportunism ahead of the byelection. The legislation would replace the Equal Pay Act 1970, which guarantees equal pay for equal work, with a narrower focus on “direct discrimination” cases. Critics warn this shift could make it harder for women to challenge pay disparities in roles that require similar skills or effort but are traditionally female-dominated.
What the Women and Motherhood Protection Act Would Change
The proposed act introduces three key measures:
- Narrowing equal pay claims: Under current law, workers can challenge pay differences if their roles are of “equal value,” even if the tasks differ. The Reform UK bill would restrict claims to cases of “direct discrimination,” limiting protections to scenarios where pay disparities are explicitly tied to gender.
- Removing “equal value” protections: This would eliminate the ability to compare pay across roles that demand similar skills or effort but are not identical. For example, a nurse and a teaching assistant—both requiring high levels of care and responsibility—could no longer challenge pay gaps under the new law.
- Strengthening “motherhood penalties”: While the bill’s name suggests protections for mothers, critics argue it would do little to address the motherhood pay penalty, where women often face career setbacks after having children. Instead, it could make it easier for employers to justify lower pay for women in roles traditionally held by mothers.
According to the TUC, the changes could cost women an estimated £2.8 billion annually in lost earnings, based on analysis of sectors where pay disparities are most pronounced. The Institute for Fiscal Studies (IFS) has also raised concerns, noting that the legislation could exacerbate inequalities in public-sector jobs, where women are overrepresented in lower-paid roles.
Why Unions and Legal Experts Are Alarmed
The TUC’s warning comes as Reform UK seeks to position itself as a defender of workers’ rights, particularly in regions like Makerfield, where economic struggles are acute. However, legal experts say the bill’s language is deliberately vague, leaving room for employers to exploit loopholes.
“This isn’t about equality—it’s about making it easier for businesses to pay women less,” said Fawcett Society director Sam Smethers. “The Equal Pay Act has been a hard-won victory for women, and rolling it back would be a step backward for gender equality.”
Employment lawyer David Renton, a partner at Addleshaw Goddard, warned that the bill’s focus on “direct discrimination” could create a “postcode lottery” in equal pay enforcement. “Without clear guidelines on what constitutes ‘equal value,’ tribunals will struggle to deliver consistent rulings,” he said. “Women in lower-paid sectors—like care work or retail—will be the first to suffer.”
Reform UK has not provided a full legal analysis of the bill’s potential impact, but party spokesperson Richard Tice defended the proposal, stating: “We are not against equal pay—we are against the abuse of the system. Many women are being paid less because of outdated laws that don’t reflect the realities of the modern workplace.”
How the Proposal Compares to Existing Equal Pay Laws
The UK’s current equal pay framework is built on two pillars:
- Equal Pay Act 1970: Mandates equal pay for equal work, including work rated as of “equal value.” This has been used to challenge pay disparities in roles like nursing and teaching, where women are overrepresented.
- Gender Pay Gap Reporting (2017): Requires large employers to publish annual pay gap data, increasing transparency and public pressure on companies to address inequalities.
Reform UK’s bill would scrap the “equal value” clause, aligning the UK more closely with systems in the US and Australia, where equal pay claims are limited to identical roles. However, these countries have seen persistent pay gaps—in the US, women earn 82 cents for every dollar men earn, while in Australia, the gap is 14.1%.
Critics argue the UK’s broader protections have contributed to a narrowing pay gap, particularly in public-sector jobs. Since 2010, the gap in full-time pay has shrunk from 19.2% to 15.4%, though progress has stalled in recent years. The Office for National Statistics (ONS) attributes this partly to stronger enforcement of equal pay laws.
What Happens Next: The Legislative Process
Reform UK’s bill is currently in the pre-legislative stage, meaning it has not yet been introduced as formal legislation. However, the party’s push for the Women and Motherhood Protection Act comes as the UK government faces pressure to address economic inequality, particularly in Makerfield, where unemployment remains above the national average.
If the bill proceeds, it would require approval from the House of Commons and the House of Lords, where opposition from Labour and the Liberal Democrats is likely. The TUC has already announced plans to lobby MPs against the proposal, while women’s rights groups are preparing legal challenges to test its constitutionality.
The next key date is June 12, 2024, when the Makerfield byelection results will be announced. Reform UK’s performance in the election could influence the political momentum behind the bill, though legal experts say the legislation’s fate will ultimately hinge on parliamentary scrutiny rather than electoral outcomes.
Key Takeaways: Who Wins and Who Loses?
- Women in lower-paid sectors: Most at risk of pay cuts, particularly in care work, retail, and hospitality, where roles are often undervalued.
- Public-sector workers: Could see pay disparities widen in roles like nursing and teaching, where equal value claims have historically been successful.
- Employers in male-dominated industries: May face fewer challenges to pay gaps, though the long-term reputational risks remain unclear.
- Legal protections for mothers: The bill’s name is misleading—it does little to address the motherhood pay penalty and could make it harder to challenge pay discrimination tied to caregiving.
For readers concerned about the bill’s impact, the UK Government’s equal pay guidance and the TUC’s equal pay resources provide steps to take if pay discrimination is suspected. The Advisory, Conciliation and Arbitration Service (Acas) also offers free mediation for workplace disputes.
As the debate intensifies, one thing is clear: the Women and Motherhood Protection Act is not just about legal technicalities—it’s a test of whether the UK is willing to roll back hard-won rights for women in the name of economic flexibility. With the gender pay gap still a stubborn reality, the stakes could not be higher.
What do you think? Should equal pay protections be strengthened or reformed? Share your views in the comments below.