Perpetuating Harm: A Qualitative Analysis of UK Employment Tribunals in Equal Pay Disputes and the Promise of Restorative Justice

Abstract

Despite nearly six decades of UK legislation to enforce equal pay and gender discrimination, including the Equal Pay Act 1970 (Sections 1–3) and Equality Act 2010 (Sections 64–80), women continue to face systemic barriers to justice that undermines meaningful access to justice. This qualitative narrative analysis reveals how judicial complexities, such as the ‘equal value’ evaluation process, procedural challenges, and pervasive gender bias work in tandem with organizational cover-ups that compound the discrimination women experience within the tribunal system. The study highlights the devastating personal consequences that face women following the lasting psychological harm that stems from employers’ use of protracted litigation tactics, as well as the judiciary’s insufficient engagement with substantive equality principles. We contextualize these findings through a close analysis of primary legal sources and pivotal case law, including the landmark Next Retail equal pay decision, highlighting the dual role of legal frameworks in both facilitating and limiting avenues for redress. In conclusion, this paper calls for a bold reimagining of workplace justice—one that not only reduces harm to claimants but also embraces the transformative potential of restorative justice, thoughtfully adapted to employment settings. Coupled with gender mainstreaming strategies, these approaches offer a powerful blueprint for dismantling deep-rooted structural inequalities which the authors believe will support the fostering of truly equitable workplaces across the UK. We also champion the advancement of robust empirical research to design innovative, practical models that seamlessly integrate restorative justice principles within existing legal frameworks.