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Employees

Dismissals and Redundancy

Dismissing An Employee

Sacked for Striking

Dismissing Striking Staff

Constructive Dismissal

Making a Constructive Dismissal

Garden Leave

Redundancy

Unfair Dismissal

Wrongful Dismissal

Compensation for Unfair Dismissal

Time off

Employers, Employees and Maternity Leave

Last Minute Holiday Requests

New Employee Sick Notes

Absent From Work and Natural Disasters

Flexible Working in Employment

Long Term Illness at Work

Maternity Rights

Maternity Leave Pay

Paternal Leave

Statutory Sick Pay

Request Time Off for Training

Contracts

Employers With Employees Working From Home

Changing Employment Terms

Employment Contracts

Working Time Regulations

Employee Secondment

Social Workers Licensing Requirements

Pay

UK Minimum Wage

Deductions From Wages

Equal Pay

Unpaid Internships and Employment Law

Hotel Cleaners Paid By Rooms Cleaned

Trade Unions

Conditions for Over Time

Disciplinary Matters

Use of Facebook at Work

Bullying at Work

Employment Tribunals

Private Internet Use at Work

ACAS

Corporate Manslaughter

Medical Evidence in Disciplinaries

Employee Fraud

Employee Giving Company Bad Name

Recruitment

Employer Access to Medical Records

Employment Checks for Minor Criminal Convictions

Security Vetting

Legal Issues Working With Children and Vulnerable Adults

Child Abuse Overseas UK Employment Law

Lying on a Job Application

British Workers Rights Over Foreigners

Blacklisting Trade Union Members

Employment Agencies

Employment Agencies

Employment Agency Withholding Pay

Employment Agency Withholding Pay

Employment Agencies Charging

Health and Safety

Health and Safety at Work

Health and Safety at Work Act

Building Work Health and Safety

Noise at Work

Protective Equipment at Work

Electricity at Work

Driving for a Living and the Law

Being a Security Guard

 

 

 

Under law both men an women are entitled to equal pay. In addition to basic salary or wages pay is also deemed to include contractual benefits, such as pension contributions and bonuses. The Equal Pay Act is part of employment law and should be treated as separate from general discrimination law.

The Equal Pay Act 1970

Three important introductory points need to be made. First, there is a very strong European Union legal framework designed to prevent inequalities in pay on the ground of sex. Second, the Equal Pay Act relates only to sex discrimination. It does not deal with other grounds of discrimination in pay, for example race. Third, there is a clear distinction between the coverage of the Sex Discrimination Act and the Equal Pay Act .

The Equal Pay Act 1970 operates by inserting an equality clause into the contract of employment etc: 'If the terms of a contract under which a woman is employed at an establishment in Great Britain do not include……an equality clause they shall be deemed to include one'.

What is an equality clause?

An equality clause is a provision which relates to terms (whether concerned with pay or not) of a contract……and has the effect that…...

Employment

The claimant must be “employed” and must establish a comparison with a person in the “same employment”. This means that they must be employed by the same or associated employer either at the same establishment or at some other establishment where common terms apply. Employment is defined more widely than the contract of employment, as in the SDA. Companies are associated where one has control of the other or both are under the control of a third person.

Comparison

The comparison must be on the basis of one of the following:

Like Work

Here the complainant alleges that the work she is doing is the same as or broadly similar to that done by a male comparator. Any differences must not be of practical importance, that is, must not be such as to justify a pay difference.

Equally-Rated Work

This is where the work is different but is equally-weighted under an analytical job evaluation scheme (or would be if the scheme was not discriminatory). An unequal rating produced by an analytical, non-discriminatory job evaluation scheme in effect gives an employer a defence under the Equal Pay Act.

Equal Value Work

This is where the work is different and it is not shown to be equally-rated (s1 (2)(c)). An employment tribunal may require a report from an independent job evaluation expert to help them decide the matter.

Insertion of equality clause into contract

Once one of the above comparisons has been established, an equality clause is inserted into the contract, but subject to the employer’s defence.

The Employer’s defence

The employer’s defence is that the difference in pay is genuinely due to a “material factor” which is something other than sex. Skills, training, valid experience, but also economic factors can be such a factor. Where a material factor is shown, the equality clause does not operate.

The European Union legal framework

The principle of equal pay

Article 141 of the Treaty of Rome 1957, which set up the European Economic Community (now the wider European Union) establishes the principle of ‘equal pay for equal work’. This means that there must be no sex discrimination in pay where the work is the same or of equal value. Treaties of the EU are its legal basis.

Remedies

Application is to be made to an employment tribunal while still employed or within 6 months of termination but there is some flexibility, for example, where the employer deliberately concealed relevant facts from the complainant.

A questionnaire procedure similar to the SDA may be used.

Please note that for equal value claims there is a separate procedure before employment tribunals, involving the use of an independent expert. The expert carries out a job evaluation exercise. Whether to use an expert is decided by the tribunal.

Remedy: arrears or damages for a period of up to 6 years (5 years in Scotland). This is measured backwards from the date of the application. Damages for injury to feelings are not payable: (City of Newcastle upon Tyne v Allan.)

An employee may obtain compensation under the SDA from a trades union where it has been party to pay discrimination. In Allen v GMB it was found that the union’s actions in relation to back-pay settlements of past pay discrimination amounted to indirect sex discrimination under SDA.

Summary: The general scheme of the Equal Pay Act 1970

 

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