Employment Law – Equal Pay

I found this article relating to Employment Law which I thought may be of interest. So here it is for you

For over 30 years there has been the right to equal pay, but there still seems to be an equality issue in employment today. The pay gap between men and women working in full time employment is around 15% which rises to 27% for women aged over 40 years old. The Equality Act covers cases of discrimination in employees’ terms of employment contract, and is really only applicable where there is a comparator of the opposite sex. Pay includes basic pay, overtime rates, commission, non-discretionary bonuses, sick pay, redundancy pay, hours of work and paid holiday, access to and benefits under pension schemes, and fringe benefits.

An equal treatment must be given when women are employed to do the same work as men, on work rated as equivalent under a hob evaluation scheme and when they are employed on work of equal value to that carried out by men. There is an implied equality term in every employment contract that gives men and women an equal pay treatment. It applies to all employees and workers, full time or part time, permanent or casual and it does not depend on how long the employee has been working at the company.

The work has to be the same or broadly similar to that of the opposite sex, and any difference between the things that he or she does, and things that he or she does not do which is very important. When looking at an equal pay dispute, an employment tribunal will look at the skills, qualifications and knowledge needed for the work that is meant to be done, as well as the degree of responsibility involved in undertaking this work. The tribunal will also tend to look at any differences between that the claimant and the defendant do, and whether these comparisons and differences are important in relation to the terms and conditions of employment.

The people that you will be compared with to claim for equal pay are called comparators. These are the people whom you claim to being paid more than you. Those employees will be in the same workplace, not is not essential, so long as the employer works under similar terms and conditions. Where the claimant and the defendant are employed in different workplaces and there are no common work terms, then there cannot be the same employment unless there is a possibility of the comparator being employed at his or her company in the same or similar job and the terms of employment is similar to those under which employees of that class are employed at that company.

 

I am a legal writer covering advice on topics of law including euqal pay, for further text and similar works visit employment law or contact a solicitor today.For more legal advice and information, and for free legal resources I suggest you visit lawontheweb.co.uk.
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