Equal Pay

About This Project

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If a person of a particular sex (A) is employed on work that is equal to the work of a comparator of the opposite sex (B), then a sex equality clause (if the terms of A’s work do not include one) is implied by virtue of section 66 of the Equality Act 2010.

 

Such a sex equality clause has the effect of modifying any term of A’s contract:

  1. which is less favourable to a corresponding term of B’s contract, so as not to be less favourable; or
  2. where B has a beneficial term in his or her contract and A has no corresponding term, to include such a term.

Work that is equal to B’s work means:

  1. Like B’s work; where A and B’s work are the same or broadly similar and any difference between their work are not of practical importance in relation to the terms of their work. On a comparison between A and B’s work, it is necessary to have regard to the frequency with which differences between their work occur in practice;
  2. Rated equivalent to B’s work in a job evaluation study which gives an equal value to A and B’s job in terms of the demands made on a worker based on a non sex-specific system; or
  3. Work that is of equal value; where work is neither like B’s work nor rated equivalent to B’s work but nevertheless is equal to B’s work in terms of the demands made on A by reference to factors such as effort, skill and decision-making.

The sex equality clause in A’s terms has no effect if the employer shows that:

  1. the difference is because of a material factor which does not involve treating A less favourably than B because of A’s sex; and
  2. If the factor puts A and persons of the same sex doing work equal to A’s work at a particular disadvantage when compared with persons of the opposite sex doing work equal to A’s, the factor is a proportionate means of achieving a legitimate aim.
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