Employees - Equal Pay
The Legal Definition Of Equal Pay
"The Equality Act 2010 implies into a contract of employment conditions of equal pay and equal terms and conditions, where a worker is performing like work, which is rated as equivalent and of equal value as work undertaken by an employee of the opposite sex." Read More.What You Should Do If You Believe You Have An Equal Pay Claim
More About Equal Pay
Requirements For A Claim Regarding Equal Pay
In bringing a claim, under the Equality Act, a worker must be able to compare themselves to an actual person who can be past, present or a successor of the worker and of the opposite sex.
An employer may have a valid defence to a claim under the Equality Act, if he can show that the difference in pay has occurred for a reason which is a material factor, unconnected with sex.
Another defence available to an employer is that a job evaluation has been undertaken, which concludes that the worker and their comparator are doing work, which is materially different.
Most inequality in pay, terms and conditions, have historically arisen as a result of indirect discriminatory practices.
Equal Pay Proceedings In The Employment Tribunal
Due to the complexity and time-consuming nature of claims relating to inequality of pay, the Employment Tribunals have divided the claims into four procedural steps to simplify and reduce the length of time involved in bringing matters to final hearing.
Expert evidence will nearly always be required, although it is ultimately the Tribunal that decides whether or not work is of equal value.