Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Isle of Man

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2021)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Discrimination based on political opinion and social origins. The Committee notes that, in its report, the Government reiterates that it does not intend to introduce provisions prohibiting discrimination on the grounds of “political opinion” or “social origin”, unless corresponding legislative developments occur in the United Kingdom. The Committee once again requests the Government to take the necessary measures to ensure that all the grounds of discrimination listed in Article 1(1)(a) are covered by legislation and that, in the meantime, workers are effectively protected in practice against discrimination based on social origin and political opinion. It thus requests the Government to provide concrete examples of cases alleging such discrimination, including their outcomes before courts and tribunals.

Sexual harassment. The Committee notes the Government’s clarification that section 27 of the Equality Act 2017, although not explicitly referring to “quid pro quo” sexual harassment, prohibits detriment arising from the rejection of unwanted sexual conduct. The Government adds that this aligns with the United Kingdom Equality Act and related guidance, which recognizes promises made in exchange for sexual favours as sexual harassment. The Committee points out, however, that the absence of an explicit reference to quid pro quo sexual harassment may limit legal clarity and protection (2012 General Survey on Fundamental Convention, para. 789). It therefore encourages the Government to expressly include quid pro quo sexual harassment as a prohibited form of discrimination in employment and occupation, and requests information on any legislative or policy developments, as well as examples of relevant cases before the Employment and Equality Tribunal.

Article 1(1)(b). Other grounds of discrimination. Real or perceived HIV status. The Committee notes the information provided by the Government in reply to its previous request concerning measures taken to protect against discrimination based on perceived HIV status. The Committee takes note of this information which addresses its previous request.

Article 1(3). Definition of employment and occupation. The Committee acknowledges the Government’s clarification that section 49 of the Equality Act 2017 prohibits discrimination by employment service providers and that “employment services” include vocational training, guidance, and job placement. It further notes that the Statutory Code of Practice specifies that such services cover training for employment, work experience, careers guidance, public employment services, and recruitment agencies. The Committee recalls that, under Article 1(3) of the Convention, the terms “employment” and “occupation” must be interpreted broadly to cover all aspects of terms and conditions of employment. It notes that the definitions in sections 3(2) and 75 of the Equality Act 2017 do not explicitly reflect this scope. The Committee therefore requests the Government to indicate whether the legislative definitions in section 3(2) and 75 of the Equality Act 2017 are interpreted in practice to reflect the full range of elements envisaged in Article 1(3) of the Convention, and to provide references to any relevant provisions, case law, or administrative guidance.

Article 2. National Policy on Equality. Gender equality in employment and occupation. The Committee notes the Government’s indication that no further progress has been made towards the adoption of an Equality Strategy since its last report, but that the Statutory Code of Practice on Employment under the Equality Act 2017 was published in 2019 and remains in force. It further notes that the “Fairness at Work Policy and Guidance”, which originated as a 2014 draft policy, was formally published in 2015 and last reviewed in April 2022. Recalling that Article 2 of the Convention requires the adoption and pursuit of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, the Committee emphasizes the importance of a clear, coordinated, and proactive equality strategy, particularly with regard to gender equality (see 2012 General Survey on fundamental Conventions, para. 732). The Committee requests the Government to provide updated information on the status of the Equality Strategy and to confirm whether the 2022-reviewed Fairness at Work Policy continues to guide equality practices across the public service.

Article 3(d)–(f). Effective application of the national policy. The Committee notes the Government’s indication that, if adopted, overall responsibility for the Equality Strategy would lie with the Cabinet Office, while equality in employment would remain under the Department for Enterprise. It also notes that all public authorities, as defined under section 143(9) of the Equality Act 2017, are subject to the Public Sector Equality Duty. Regarding access to vocational guidance, training, and placement services, individuals may lodge complaints before the Employment and Equality Tribunal. The Committee requests the Government to provide information on the measures taken to ensure the implementation of the equality policy in vocational guidance, training, and placement services.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. Gender pay gap. The Committee notes with interest the updated statistical information provided by the Government, according to which the average gender pay gap in the Isle of Man has decreased from 31 per cent in 2016 to 12 per cent in 2023, and the median gender pay gap from 16 per cent to 5 per cent over the same period. The Committee asks the Government: (i) to report on measures taken or envisaged to further reduce the gender pay gap, particularly in the sectors where disparities remain most pronounced; and (ii) to continue providing updated statistical information on the gender pay gap, disaggregated by sector and occupation where possible.

Article 1(a). Definition of remuneration. Legislation. The Committee notes the Government’s indication that although the term “remuneration” is not defined in legally binding legislation, section 3 of the Equality Act 2017 provides a definition of the term “pay” which is functionally equivalent. The Act defines “pay” as “the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly from the worker’s employer”. The Committee observes that while this definition is substantially similar and conform in substance to the Convention definition of ‘remuneration’, it lacks the legal qualifier – “arising out of the worker’s employment” – which ensures that any payment or benefit linked to the employment relationship (not just regular wages) is included. The Committee therefore requests the Government: (i) to indicate how the existing definition of “pay” is applied so as to ensure that all elements of remuneration covered by Article 1(b) of the Convention, including indirect and non-wage benefits arising from employment, are encompassed; and (ii) to consider amending the legislation to fully align the definition of “pay” with the Convention definition of ‘remuneration’.

Article 3. Objective job evaluation. The Government reports that the public sector uses several job evaluation systems, including the Job Evaluation Grading System (JEGS), Industrial JEGS, and Manx Pay Terms and Conditions (MPTC). JEGS is an analytical points-based system used in the United Kingdom Civil Service, it assesses jobs against seven factors (knowledge, skills and experience; communication; problem-solving; decision-making; autonomy; resource management; and impact) to determine grade and relative weight. The MPTC determines a role’s “weight” and assign it to a pay band, but this is separate from its actual pay. In the private sector, companies follow ACAS (Advisory, Conciliation and Arbitration Service) guidance, which promotes systematic comparison of job worth through defined factor plans, factual job descriptions, and evaluation panels. The goal is to assess the job rather than the individual, ensuring fair, unbiased pay systems. The Committee takes note of this information which addresses its previous request.

Conventions Nos 100 and 111 – Application in p ractice

Enforcement. Convention No. 111. The Committee notes the Government’s statistical data on complaints submitted to the Employment and Equality Tribunal under the Equality Act 2017 from 2022 to mid-2024, disaggregated by protected characteristic, type of discrimination, and sector. It notes that in 2023 the Tribunal received 87 complaints, of which 33 involved discrimination, 29 related to work and 4 related to goods and services, with the most frequently cited protected characteristics being sex (6 cases), race (5 cases) and age (4 cases); in 2024 (as at 12 July), 43 complaints were lodged, 19 involving discrimination (13 work-related, 5 related to goods and services, and 1 related to education), with disability (7 cases) and sex (5 cases) most frequently invoked.

Convention No. 100. The Committee recalls that under Section 70 of the Equality Act 2017, the Department for Enterprise may require employers to publish pay information to identify gender-based pay differences, with provisions for non-compliance. It notes, however, that no such regulations have yet been adopted and that no new decisions affecting the Convention’s application have been reported.

The Committee requests updated statistical data to assess the two Conventions’ practical implementation.