Did you mean to type: Equal Pay Act W? (44 results)
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...h around a quarter of those citing it as ‘endemic’. Of those surveyed, 58% had come across real-life situations of pay inequality in the workplace. Three-quarters (76%) believed that discrepancies between the salaries of male and female workers doing the same job still exist 40 years after the Equal Pay Act 1970. Jim Lister, head of employment at Pannone, said: “It’s always been a surprise to me that equal pay claims have largely been limited to the public sector and I envisage claims in the private sector will be a big theme in the next few years.” The Pannone study follows a report earlier thi...
News | 15 Oct 2010
A recent decision of the Employment Appeal Tribunal (EAT) has adopted a broad interpretation of the meaning of the 'same establishment', for the purposes of an equal pay claim brought by a group of female employees seeking equal pay to their male counterparts. The Equal Pay Act 1970 implies an equality clause into any employment contract so that female staff can benefit from equivalent contractual terms and conditions as their male counterparts (doing the same or similar work), provided they are employed at the 'same establishment'. A group of 42 women in a recent case wer...
Case | 21 Jun 2010
...this presumption if it is successful in demonstrating that the difference in pay is not due to the difference in sex, but in fact due to a genuine material factor (a GMF) which has nothing to do with the sex of the claimant or her male comparator the `GMF defence', provided in section one of the Equal Pay Act 1970. In pleading this defence, the employer must show that the reason for the pay difference is: · · · significant and relevant and caused the disparity; not due to direct or indirect sex discrimination; and represents a significant and relevant difference between the circumstances of the female cla...
News analysis | 11 May 2010
...ing the decision of the employment tribunal and the EAT.FactsMs Morton was the headmistress of a Scottish primary school. Primary school teachers (who, statistically, are mostly female) are paid less than secondary school teachers (who, statistically, are mostly male). She brought a claim under the Equal Pay Act 1970, citing a male headmaster of a secondary school as one of her comparators. The headmaster was employed by a different education authority (one of 32 in Scotland). However, terms as to pay are negotiated nationally, not by each education authority separately, and bind all the educations authorities....
Case | 19 Feb 2002
The Government’s Equal Pay and Flexible Working Bill, which amends the Equal Pay Act 1970, received its first reading in the House of Lords this week.The Bill contains three proposals: The Bill makes it unlawful for men and women to be paid differently for the same work (or work of equal value or work rated as equivalent), unless doing so can be objectively justified because of ‘reaso...
News | 11 Dec 2008
... a job evaluation study placed the claimant, with a score of 274 points, into the same pay band as four male employees with scores of 296, 298 and 305 points. After that date, the jobs of the claimant and the male employees were “rated as equivalent” within the meaning of section 1(2)(b) of the Equal Pay Act 1970, and the claimant brought a claim, pursuant to section 1(2)(c), contending that she was also entitled to equality of pay prior to 1 October 2004, on the ground that she was then employed on work of “equal value”. The Employment Tribunal directed, pursuant to section 2A, that an independent expe...
Case | 3 Dec 2008
Last year, the Employment Appeal Tribunal (EAT) ruled that a tribunal had been wrong to decide that the Equal Pay Act 1970 required West Midlands Police to pay night-work bonuses to two employees whose child-care arrangements prevented them working nights. In a succinct (by equal pay standards) judgment, the Court of Appeal has upheld the EAT's decision.BackgroundTwo women police officers brought claims against the Ch...
Case | 7 Nov 2008
...ho worked rotating shifts over a 24-hour period seven days a week in demanding and difficult operational roles. The claimants, women police officers, were not rostered for night time shifts because it was incompatible with their child care responsibilities. On their claims under section 1(1) of the Equal Pay Act 1970 for equality of pay with a male comparator doing like work and receiving the special payment for night shifts, an employment tribunal, upholding the claims, found that the pay practice had a disparate impact on women; that, although the 24-hour shift system corresponded to a real need, the same obj...
Case | 28 Feb 2008
The Equal Pay Act 1970 has been in force for over 26 years, and its purpose is to eliminate discrimination between men and women in terms of their pay and contracts of employment where they are doing: work that is the same or broadly similar; or work rated as equivalent under a job evaluation study; or work of e...
Briefing | 27 Feb 2008
...ropolitan Borough Council v Anderson [2007] The claimants were employed as school support staff in the appellant council's community schools, their rate of pay being determined by a collective agreement applicable to local government employees. In their claims for equal pay under section 1 of the Equal Pay Act 1970 their chosen comparators were men on the same grade as the claimants, and therefore undertaking equivalent-rated work with the council, though not in schools, whose earnings were significantly higher because of bonus payments. The Employment Tribunal found that the bonus payments were either sham...
Case | 16 Aug 2007
... claimants, who were employed by the appellant council in positions such as caterers and care workers, claimed equal pay with male comparators employed as road sweepers. The basis of their claims was that their jobs were "rated as equivalent" with the comparators, pursuant to section 1(2)(b) of the Equal Pay Act 1970, notwithstanding that a nationally agreed job evaluation study between local authorities and trade unions placed the comparators on a lower grade, though in fact the comparators received more pay than the claimants as a result of supplementary payments. The employment tribunal held that the claiman...
Case | 26 Oct 2007
...mployees, on the basis that, had they been receiving the higher equal pay at that time, they would have had the benefit of the protection arrangements if their pay was reduced in the evaluation exercise. The tribunal found that the council's genuine material factor defence under section 1(3) of the Equal Pay Act 1970 failed with respect to those comparators whose bonuses no longer represented genuine productivity arrangements and that, accordingly, the White Book claimants were entitled to receive the same pay as those comparators, as were the Purple Book claimants provided they established work of equal value....
Case | 25 Oct 2007
...mployees, on the basis that, had they been receiving the higher equal pay at that time, they would have had the benefit of the protection arrangements if their pay was reduced in the evaluation exercise. The Tribunal found that the council's genuine material factor defence under section 1(3) of the Equal Pay Act 1970 failed with respect to those comparators whose bonuses no longer represented genuine productivity arrangements and that, accordingly, the White Book claimants were entitled to receive the same pay as those comparators, as were the Purple Book claimants provided they established work of equal value....
Case | 24 Oct 2007
...hould not exploit that vulnerability in their attempts to do so". Michelle Cronin, the women's solicitor at Thompsons says: "As Baroness Hale says in today's judgement, women workers have suffered injustice in the labour market for centuries. There is still an unacceptable gender pay gap. The Equal Pay Act 1970 provides a mechanism by which women workers can establish that their work is "equivalent" to that of male colleagues and the right to claim equal pay. That the victims of the injustice of unequal pay are then victimised for pursuing that right is disgraceful. "Today's judgement should make clear ...
Case | 25 Apr 2007
In what has been hailed as a “landmark decision”, the Court of Appeal has upheld a ruling allowing equal pay claims to be heard in the High Court as well as at an Employment Tribunal. The decision means this will be the first time this has been made possible since the Equal Pay Act was introduced in 1970. It is significant because cases must normally be heard within six months at Employment Tribuna...
Case | 1 Dec 2011
... receiving £625,000 compared to £655,000 for the men's. Prime Minister Tony Blair, Culture, Media and Sport Secretary Tessa Jowell and tennis player Venus Williams have all expressed their concern and called for the prize money to be equalised. In an effort to equalise pay in the workplace, the Equal Pay Act 1970 came into force in 1975. The Act made it unlawful for employers to discriminate between men and women in terms of their pay and conditions where they are doing the same or similar work; work rated as equivalent; or work of equal value. In its report, published in February, the Women and Work Co...
News | 29 Jun 2006
In Sharp v Caledonia Group Services Limited the appellant had her claim under the Equal Pay Act 1970 dismissed by an employment tribunal on the grounds that the employer had successfully showed that the difference in pay was due to a genuine material factor and was not based on sex. The employer argued that the reason the male comparator earned more than the appellant was because of "historical co...
Case | 18 Jan 2006
New figures which detail the rates at which male and female salaries are increasing suggest that UK businesses are still more than five decades away from paying men and women equally. This is according to a new report published by the Chartered Management Institute (CMI). The 2010 National Management Salary Survey shows that female salaries increased by 2.8% over the last 12 months, compared to 2.3% for men. However, with the average UK salary for a male manager currently £...
News | 19 Aug 2010
...ed down judgment holding that damages for non-pecuniary loss (i.e. injury to feelings, aggravated damages etc.) cannot be recovered in Equal Pay Act claims, unlike in Sex Discrimination Act claims. The EAT, noting the absence of a specific provision allowing awards for injury to feelings in the Equal Pay Act 1970, emphasised that an Equal Pay claim is based on contract, whereas a discrimination claim is based on a statutory tort. Thus the quantification of damages follows a different approach.
Case | 17 May 2005
... beginning of the pay reference period and the end of maternity leave to be included when the amount of maternity leave is calculated - whether or not the pay rise is backdated to the period covered by the reference pay. The Court of Appeal has now concluded the drama by stating that s.1 of the Equal Pay Act 1970, insofar as it requires a pregnant woman to cite a male comparator, should be disapplied (meaning that no comparator is needed if it can be shown that the reason for not paying the pay increase is because of the woman's pregnancy). This adopts the House of Lords' approach in Webb -v- EMO Cargo. ...
Case | 3 May 2005