Summary
Summary Equal Pay Notes
- Module
- Employment Law
- Institution
- Edge Hill University (EHU)
Summary of 6 pages for the course Employment Law at EHU (Equal Pay Notes)
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Equal pay Equal pay is governed by the equality act 2010
o This consolidated the provisions of the Equal Pay A t 1970 and the Equal Pay (Amendment)
Regulations 1983
Equal pay provisions must be consistent with Article 157 TFEU
The Equality Act 2010 regulated discrimination in contractual pay in employment.
‘employment’ is defined broadly to cover employees and workers whose contracts require personal
performance of the work.
Provisions of the EA2010
S66 – ‘sex equality clause’ – if the terms of A’s work do not (by whatever means) include a sex equality
clause, they are to be treated as including one
o The effect of s66 of the equality act 2010 is that, where (as required by s64) a woman is
employed on work that is equal to the work that a comparator of the opposite sex does, and
(for whatever reason) her contract of employment does not include a sex equality clause, it is
to be treated as including one.
o If a female employee has a term in her contract that is less favourable than a term in her male
comparator’s contract, that term is modified so as to be not less favourable (to ensure that the
pay and pension provisions operate effectively together, this provisions applies to a term of the
woman’s contract relating to membership of or rights under an occupational pension scheme
only insofar as a sex equality rule would have a sex equality clause would have effect in
relation to the term (s66(3)));
o If the woman’s contract does not contain a term corresponding to a beneficial term in her male
comparator’s contract, her contract is modified so as to include such a term.
o S66(4) where a job evaluation scheme has rated work of an employee and comparator as
equivalent, the equality clause will give the employee the benefit of all the comparator’s terms,
including those that have not been determined by the rating of the work.
S67 – ‘sex equality rule’ – if an occupational pension scheme does not include a sex equality rule, it is to
be treated as including one
o Barber v Guardian Royal Exchange [1990]
o Women are to be treated equally to comparable men (and vice versa) in relation to the terms
on which they are permitted to join the occupational pension scheme.
, o Women are to be treated equally to comparable men (and vice versa) in relation to the terms
on which they are treated once they have joined the scheme.
o 67(7) provides that, if the effect on persons of the same sex of a term as to membership or
treatment under a scheme, or a term conferring a discretion as to those matters, differs
according to their family, marital or civil partnership status, comparison must be made with
persons of the opposite sex who have the same status.
S73 – maternity equality clause -where a woman’s contract of employment does not include a maternity
equality clause, it is to be treated as including one.
o Designed to ensure a woman does not suffer a pay detriment due to maternity
S74 – maternity equality rule – if an occupational pension scheme does not include a maternity equality
rule, it is to be treated as including one.
o Designed to ensure a woman does not suffer a pensions deficit due to maternity.
Equal pay – causes of action
1. Like work – where a woman is employed on like work with a man in the same employment
2. Work rated as equivalent – where a woman is employed on work rated as equivalent with that of a man
in the same employment
3. Work of equal value – where a woman is employed on work of equal value to that of a man in the same
employment.
Like work
S65(2) A’s work is like B’s work if:
o A’s work and B’s work are the same or broadly similar; and
o Such differences as there are between their work are not of practical importance in relation to
the terms of their work.
S65(3) provides that, in making a comparison for the purposes of s65(2) it is necessary to have regard
to:
o The frequency with which differences between their work occur in practice; and
o The nature and extent of the differences
Successful comparisons
o Male and female drivers where the men were more likely to work at weekends
o A woman cook preparing lunches for directors and a male chef cooking breakfast, lunch and
tea for employees
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