Equal Pay Handbook

Practice area: Employment law
ISBN: 9780414029873
Published by IDS, August 2011

Available formats
Paperback
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Description

This IDS Employment Law Equal Pay Handbook covers:

  • Offers a comprehensive examination of the equal pay provisions in the Equality Act 2010 and the relevant case law
  • Considers how the provisions differ from their predecessors in the Equal Pay Act 1970
  • Explains the concept of pay, and the concepts of ‘like work’; ‘work rated as equivalent’ and ‘work of equal value’
  • Examines the ‘sex equality clause’
  • Provides a clear, concise explanation of how equal pay law works
  • Deals with the enforcement of equal pay claims in employment tribunals and the civil courts
Contents

Law in context

  • The gender pay gap
  • Growth in public sector claims
  • UK gender equality legislation
  • Codes of Practice
  • European Union law
  • EU gender equality measures

Right to equal pay

  • How do equal pay claims work?
  • Who is covered?
  • The sex equality clause
  • Permissible discrimination
  • Occupational pension schemes
  • Maternity

The concept of ‘pay’

  • Definitions
  • Wages
  • Bonuses
  • Pay increases/merit pay
  • Sick pay
  • Maternity pay
  • Fringe benefits
  • Allowances
  • Severance payments
  • Unfair dismissal compensation
  • Occupational pensions

Comparators

  • Opposite sex
  • ‘Same employment’ or ‘single source’
  • Hypothetical comparators
  • Predecessors and successors
  • Comparator requirement set aside
  • Choosing a comparator

Like work

  • Meaning of ‘like work’
  • Same or broadly similar work
  • Differences of practical importance
  • Pleading ‘like’, ‘equivalent’ and ‘equal value’ work

Work rated as equivalent

  • What is job evaluation?
  • Job evaluation – general requirements
  • Discrimination in the evaluation exercise
  • Alternative claims

 

 

Work of equal value

  • Scope of ‘equal value’
  • Equal value procedure
  • Stage 1 equal value hearing
  • Stage 2 equal value hearing
  • The independent expert
  • Stage 3 equal value hearing

Material factor defence

  • Preliminary issues
  • ‘Material’ factor
  • Taint of sex discrimination
  • Showing objective justification
  • Specific material factors

Enforcement

  • Jurisdiction of tribunals
  • Time limits
  • Repeal of the statutory dispute resolution procedures
  • Statutory questionnaire procedure
  • Pay secrecy clauses
  • Burden of proof
  • Remedies
  • Costs
  • Settlements
  • Legal advice and financial assistance
  • Equality and Human Rights Commission
  • Representative actions

Equal pay audits

  • Why carry out equal pay audits?
  • A model equal pay audit
  • Potentially discriminatory features of
  • pay systems

Victimisation

  • Scope of provisions
  • Protected acts
  • Detriment
  • Detriment ‘because’ of protected act
  • Proving victimisation