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

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.

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.

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

Isle of Man

The Committee notes the Government’s first report.

Article 1(1)(a) of the Convention. Discrimination based on political opinion and social origins. The Committee notes the Government’s statement according to which: (1) the Isle of Man has no specific employment and occupation legislation in respect of discrimination on the grounds of political opinion or social origin; and (2) there are currently no plans to bring forward legislation in relation to discrimination on these grounds but if the United Kingdom of Great Britain and Northern Ireland were to enact new legislation in this area, careful consideration would be given to the issue. The Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see CEACR 2012 General Survey on fundamental Conventions, paragraph 853). These include political opinion and social origin. The Committee therefore asks the Government to take the necessary measures to ensure that at least all the prohibited grounds of discrimination specified in Article 1(1)(a) are included in the legislation and that, in the meantime, workers are protected in practice against discrimination based on their social origin and political opinion. In this regard, the Committee asks the Government to provide concrete examples of how cases alleging discrimination based on social origin and political opinion are dealt with by courts and tribunals, including information on the number of such cases and their outcomes.

Sexual Harassment. The Committee notes that the definition of sexual harassment contained in the legislation does not include the concept of sexual harassment “quid pro quo”. Over the years, the Committee has consistently expressed the view that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment (see CEACR 2012 General Survey, paragraph 789, for further guidance in this regard). The Committee encourages the Government to take measures to include in its legislation the concept of sexual harassment “quid pro quo” as prohibited action in employment and occupation and to provide information on any progress made in this regard.

Article 1(1)(b). Other grounds of discrimination. Real or perceived HIV status. The Committee notes that schedule 1, paragraph 6(1) of the Equality Act 2017 provides that cancer, HIV infection and multiple sclerosis are each a disability. The Committee also notes that Section A9 of the “Guidance on matters to be taken into account in determining questions relating to the definition of disability” explains that the person is protected by the Act effectively from the point of diagnosis. The Committee recalls that the HIV and AIDS Recommendation, 2010 (No. 200) provides considerable guidance in terms of addressing discrimination based on HIV and AIDS. The resolution adopted by the International Labour Conference upon the adoption of the Recommendation, calls for the promotion of the extension under Article 1(1)(b) of Convention No. 111 “so that the protection afforded under the Convention is extended to real or perceived HIV status” (see CEACR 2012 General Survey, paragraph 812). The Committee asks the Government to provide information on the measures taken or envisaged to ensure that persons benefit from protection against discrimination, not only based on HIV status (as diagnosed) but also based on perceived HIV status.

Article 1(3). Definition of employment and occupation. The Committee notes that the definitions of “employment” and “profession” (which includes “a vocation and occupation”) contained in sections 3(2) and 75 of the Equality Act 2017, do not mention “access to vocational training, access to employment and to particular occupations, and terms and conditions of employment” as specified under Article 1(3) of the Convention. The Committee asks the government to clarify: (i) whether the concepts of “employment” and “profession” effectively include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; and (ii) which is the legal provision guaranteeing such inclusion.

Article 2. National Policy on Equality. Gender equality in employment and occupation. The Committee notes the Government’s indication that it is currently developing an “Equality Strategy” to embed the legislation. The Committee also observes that the Employee Handbook on Promoting Equal Opportunities (June 2019) refers to a “Draft Fairness at work Policy” dated 2014. The Committee asks the Government to: (i) provide information on the status and progress made towards adopting the Equality Strategy (and to provide a copy once adopted); and (ii) indicate if, pending the adoption of the new strategy, the 2014 “Draft Fairness at work Policy” is applicable.

Article 3(d)–(f). Effective application of the national policy. The Committee notes the information provided by the Government it its report. The Committee asks the Government to indicate in its next report: (i) which is the national authority in charge of directly controlling the effective implementation of the national equality strategy (once adopted); (ii) how it is ensured that this policy is applied in the activities of vocational guidance, vocational training and placement services; and (iii) the actions taken in pursuance of the policy and the results secured by such actions.

Enforcement. The Committee notes the statistical information provided by the Government on ethnicity, nationality, and the employed resident population disaggregated by sex and occupational sector. It also notes the information in the Employee Handbook that “One of the measures put in place for promoting equal opportunities and fairness at work for all is a network of Contact Officers established across the public service. Each government Department, Office and Board has employees who are designated as Contact Officers to assist in cases of alleged unfair treatment or unlawful discrimination, including harassment and bullying.” The Committee asks the Government to continue to provide statistical information or any other type of information which could help in assessing the application of the Convention in law and in practice (such as reports from the Labour Inspection). It also asks the Government to provide information on the activities of the network of Contact Officers in the public sector.