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