|
This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).
The information in this section of the Diversity Toolkit has been compiled Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Equal Pay
Summary
There is a statutory obligation on employers to treat men and women equally in their terms and conditions of employment when they carry out the same or broadly similar work or work of equal value. Employers may have a defence if they can demonstrate that the variation is due to a material difference between the positions, provided that the difference is not sex-related.
Questions and Answers
Question
Doris and Bill work as machinists for their employer. Bill has been employed for 20 years whilst Doris has only been there for 10 years. Bill is paid £1 an hour more than Doris. Is this legal?
Answer
No, length of service is irrelevant. If Bill and Doris are dealing with the same work, they should be paid at the same rate.
Question
Molly has been appointed to a managerial position by her employer. It is a new position but she has similar authority with regard to decision-making as her male colleagues in managerial positions and she is required to, and does, work as hard as they do. Is she entitled to the same level of pay as they are?
Answer
Yes, it seems that her work is of equal value to that of her male counterparts.
Question
EFG Limited employs a large number of part-time workers. As a general rule, there are the same number of female workers as male and they are all paid the same rate. Is this lawful?
Answer
Under the equal pay provisions, yes, it is lawful, although care is now needed in the treatment of part-timers. The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 provide for part-timers to receive pro rata rights to those of full-time workers in relation to contractual pay and benefits, and to otherwise be treated no less favourably than their full-time equivalents unless this can be justified on objective grounds.
Question
An employer has an equality clause in its staff handbook. An employee disagrees with the employer's interpretation of it. What action may be taken?
Answer
The employer may seek a declaration from an employment tribunal which will set out the rights of both the employer and the employee in relation to the provision.
Question
An employer does not have any written provision about equal treatment. Is this lawful?
Answer
Yes, it is lawful, although perhaps not advisable. Employers should comply with recommendations in the Equal Opportunities Commission (EOC) Code of Practice on Equal Pay as the code is admissible in evidence if a claim is made under the Act.
Question
Can a woman compare her pay with a male predecessor if there is no comparable man currently in employment?
Answer
Yes. Case law has demonstrated that a woman can compare her pay and conditions with those of a predecessor, or a successor, in the same employment. In the case of Kells v Pilkington plc (2002) EAT 1435/00 , the EAT held that a comparison could even be made with someone who had allegedly performed work of equal value to the claimant more than six years earlier.
Question
An employer is being asked to disclose confidential information about a colleague's pay package in an equal pay questionnaire. How should the employer respond?
Answer
Employers are expected to answer the questionnaire as fully as possible. However, if the information is confidential and that colleague does not want it to be disclosed, the employer will need to consider how much information can be given. In many cases, employers will be able to answer detailed questions in general terms whilst still preserving the anonymity and confidence of their workers. In some cases, employers may not feel able to disclose specific information that they believe is confidential. If the case proceeds to a tribunal complaint, tribunals may order disclosure of relevant information if they believe it is in the interests of justice to do so.
Key Facts
