
Equal Pay Act 1970
This covers sex discrimination in pay including, wages, holiday pay, discounts, vouchers and subsidies. It covers all contractual terms but does not cover pensions.
Equal pay cases are receiving a fair amount of media attention at the moment, particularly within local government. This carries implications for trade unions, especially connected to the bargaining agenda where conflict arises between collective bargaining and protecting rights under the EPA.
Three main types of equal pay claims:
• Like work
• Work rated as equivalent and
• Work of equal value
A comparator of the opposite sex is necessary when taking an equal pay case. It is possible to use a predecessor or successor as a comparator.
Like work
• If two jobs are the same or broadly similar and any differences between them are not of practical importance in relation to terms and conditions of employment.
• Work can be like work even if the woman does more than the male she is using as her comparator.
Work rated as Equivalent
• Where a woman’s work has been rated as equivalent to that of her comparator under a valid job evaluation scheme.
Work of Equal Value
• The two jobs being compared must have no similarities
• This claim would involve a comparison of the two jobs under headings such as effort, skill and decision
• This claim can be made using comparators paid under different grading schemes, collective agreements or job evaluation schemes
• An independent expert is used to evaluate the jobs and report to the court
The employer has the chance to defend the claim by showing that there is a genuine and material explanation for the pay difference.
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