Employment law – Equal
Pay
Claims are usually taken to ET and if successful the result in awards of compensation which can go
back for a period of up to 6 years
Step 1: Define Equal Pay
Right to equal pay allows a person of either sex to make comparison with the contractual entitlements
enjoyed by a named comparator in the same employment doing like work
S 66 EA 2010 – right to asset that the contract under which you are employed contains a sex equality
clause
o may be an express clause, if not then the Act implies one into every contract
applies to all contractual terms including wages and salaries, non-discretionary bonuses, holiday pay,
sick pay, overtime, shift patterns and occupational benefits and to non-monetary terms such as leave
entitlements or access to sports and social benefits
Step 2: Types of Claim
Like Work – s 65(1)(a)
Two people are regarded as doing like work if s 65(2)
a) They do work of the same or a broadly similar nature; and if
b) There is no difference or no important difference in the tasks they actually perform
Work related as equivalent – s 65(1)(b)
Rated as equivalent to B’s work if s 65(4)
a) Both are given equal value to the job in terms of the demands made on a worker; or
b) Both jobs would be given equal value in those terms were the evaluation not made a sex-specific
system
Equality clause will operate in favour of a woman if a job evaluation study has been commissioned and her
job is rated as of equal value with that of a man in the same employment
It must be shown that it has been rated as equivalent under a job evaluation study that meets the standard
laid down in the legislation, particularly by s 80(5)
Job ranking – most simple method. Each job is considered as a whole is then given a ranking in relation to all
other jobs. Ranking table is then drawn up and the ranked jobs grouped into grade. Pay levels fixed for
each pay grade.
Equal Value – s 65(1)(c)
Woman can show that her work is of an equal value to that of a man in the same employment
Pay
Claims are usually taken to ET and if successful the result in awards of compensation which can go
back for a period of up to 6 years
Step 1: Define Equal Pay
Right to equal pay allows a person of either sex to make comparison with the contractual entitlements
enjoyed by a named comparator in the same employment doing like work
S 66 EA 2010 – right to asset that the contract under which you are employed contains a sex equality
clause
o may be an express clause, if not then the Act implies one into every contract
applies to all contractual terms including wages and salaries, non-discretionary bonuses, holiday pay,
sick pay, overtime, shift patterns and occupational benefits and to non-monetary terms such as leave
entitlements or access to sports and social benefits
Step 2: Types of Claim
Like Work – s 65(1)(a)
Two people are regarded as doing like work if s 65(2)
a) They do work of the same or a broadly similar nature; and if
b) There is no difference or no important difference in the tasks they actually perform
Work related as equivalent – s 65(1)(b)
Rated as equivalent to B’s work if s 65(4)
a) Both are given equal value to the job in terms of the demands made on a worker; or
b) Both jobs would be given equal value in those terms were the evaluation not made a sex-specific
system
Equality clause will operate in favour of a woman if a job evaluation study has been commissioned and her
job is rated as of equal value with that of a man in the same employment
It must be shown that it has been rated as equivalent under a job evaluation study that meets the standard
laid down in the legislation, particularly by s 80(5)
Job ranking – most simple method. Each job is considered as a whole is then given a ranking in relation to all
other jobs. Ranking table is then drawn up and the ranked jobs grouped into grade. Pay levels fixed for
each pay grade.
Equal Value – s 65(1)(c)
Woman can show that her work is of an equal value to that of a man in the same employment
