As an HR professional or business leader, you’re likely aware of the sweeping changes coming to pay practices across the European Union. One of the key provisions of the new EU Directive prohibits employers from asking candidates about their salary history.  

In this article, we’ll guide you through what this means for your recruitment process and how it contributes to greater pay transparency. Whether you’re preparing for compliance or simply looking to stay ahead of the curve, understanding these changes is essential for your organisation’s future success.

Why Ban Salary History Questions? 

You may have relied on salary history to inform your offers in the past, but here’s why this practice can be problematic: 

  • Historical biases: Past salaries may reflect discriminatory practices or undervaluation of certain roles in other organisations. 
  • Negotiation disadvantage: Some candidates may be more confident than others, meaning their pay is determined by their ability to negotiate, rather than their capabilities, skills or experience. 
  • Widening of pay gaps: Basing new salaries on previous pay can maintain or widen existing gender and ethnic pay gaps. 

By prohibiting these questions, you’re being asked to shift your focus to the value of the work performed, rather than an individual’s pay history.

Eu directive - salary history - pay transparency

Challenges You Might Face 

While the goals of the EU Directive are commendable, you might encounter some challenges when making changes to your recruitment process: 

  • Determining competitive offers: You may find it more challenging to gauge what constitutes a competitive offer for top candidates. You’ll need to rely more heavily on market data and internal equity considerations. 
  • Managing candidate expectations: Some people may still volunteer their salary history or have inflated expectations based on their previous pay. You’ll need to develop strategies to manage these conversations diplomatically while staying compliant with the new rules. 
  • Addressing international recruitment: For roles that involve recruiting across borders, you may face complexities in applying the rule consistently, especially when dealing with countries outside the EU that don’t have similar restrictions. 
  • Overcoming hiring manager resistance: Some may be accustomed to using salary history as a quick way to assess a candidate’s level or to eliminate those outside your budget. You’ll need to help them adapt to new ways of evaluating candidates and setting pay.
     

What This Means for Employers 

As you adapt to these new rules, you’ll need to adjust your recruitment practices. Here are some key considerations: 

  1. Focus on skills and experience: You should evaluate candidates based on relevant experience, capability and the value they bring to the role. 
  1. Establish clear pay ranges: You should develop and communicate transparent salary bands/pay ranges for each position. 
  1. Train your hiring managers: Ensure your recruiters and interviewers understand the new rules and alternative ways to discuss pay for each role. 
  1. Review your pay structures: You’ll want to conduct regular pay reviews and audits to ensure fair pay across your workforce.
     

Embracing Pay Transparency 

Remember, the ban on salary history questions is just one aspect of the broader push for pay transparency under the EU Directive. You’ll also need to consider: 

  • Providing salary information in job adverts 
  • Granting employees the right to request information about pay levels 
  • Mandatory reporting on gender pay gaps for larger companies 

These steps collectively aim to create a more open dialogue about pay and reward in your organisation and reduce pay disparities. We’ll be posting lots more content on each of the key sections of the legislation, so keep an eye out on our website, Academy and social media.
 

Support Navigating the EU Directive 

As you navigate the changes brought by the EU Pay Transparency Directive, remember that banning salary history questions is a significant step towards fairer pay practices in your organisation.  

By promoting transparency and basing pay on the value of work, you have the opportunity to reduce pay inequity and foster a more equitable work environment. As you adapt to these changes, you’re not just ensuring compliance – you’re positioning your organisation as a leader in fair pay practices.  

At 3R Strategy, we’re here to support you every step of the way as you implement these important changes.