Equal Pay The current framework

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Equal PayThe current framework

• Emma Hawksworth
• Russell Jones Walker

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equal pay for equal work

• Article 141 (formerly Article 119) of the Treaty
  of Rome
• Each member state shall ensure that the
  principle of equal pay for male and female
  workers for equal work or work of equal value is
  applied

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Equal Pay Act 1970

• sex discrimination as to pay and benefits
• salary
• contractual benefits
• not discretionary terms eg bonus
• overlap with SDA discriminatory treatment

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Equal Pay Act 1970

• a woman employed in like work, work rated as
  equivalent or work of equal value to that of a
  man
• difference in pay
• is the difference in pay genuinely due to a
  material factor which is not the difference in
  sex?

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equal work

• onus on claimant to show employed on
• like work
• work rated as equivalent
• work of equal value
• to that of a man

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like work

• the same or broadly similar nature
• differences are not of practical importance in
  relation to terms and conditions of employment
• frequency, nature and extent of differences in
  practice
• broad interpretation

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work rated as equivalent

• work rated as equivalent under an analytical job
  evaluation study
• would have been rated as equivalent but for the
  study not setting different values for men and
  women

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work of equal value

• work which is different but which is of equal
  value in terms of the demands of the job
• complex claims
• appointment of independent expert
• multiple hearings

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comparator

• opposite sex
• actual comparator required
• same employer
• same location
• different location with common terms
• predecessor/successor

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genuine material factor

• burden shifts to employer
• genuine material factor
• genuine, not sham
• reason for difference in pay
• not the difference of sex
• material i.e. significant and relevant

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objective justification

• if tainted by discrimination, employer must
  justify
• objective justification
• corresponds to a legitimate need on the
• part of the employer
• reasonably necessary and proportionate way to
  meet that need
• extent of justification required in other cases
  currently unclear

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making a claim

• questionnaire
• before claim or within 21 days of lodging
• no requirement to respond but inferences may be
  drawn
• response within 8 weeks

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making a claim

• time limits
• at any time whilst still in employment
• or within 6 months of termination of employment
• grievance complaint, 3 month extension

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making a claim

• remedy
• equalisation of terms by equality clause
• no levelling down
• permanent amendment to terms
• backdated pay/benefits for 6 years