The Equality Act 2010 (“the Act”) implies a sex equality clause into everyone’s contract of employment, modifying any term that is less favourable to someone of the opposite sex. The provisions of the Act cover all contractual terms such as salary, contractual bonus payments and sick pay entitlement. Complaints concerning non-contractual matters such as access to promotion and discretionary bonus payments are normally brought as sex discrimination claims.
The Act entitles an employee doing equal work to a colleague of the opposite sex in the same employment to claim equal pay where s/he can show that s/he is employed on:
- Work which is the same or broadly similar, known as ‘like work’; or
- Work which is rated as equal under a job evaluation scheme; or
- Work which is of equal value (work which is different but of equal value in terms of the demands of the job when factors such as effort, skill and decision making are considered).
We have substantial experience of defending equal pay claims on behalf of companies and partnerships. Equal pay claims involve lengthy and complex procedures.
- Drafting clauses, policies and internal procedures on diversity and equality
- Providing internal training on diversity in the workplace