RESEARCH: Equality Act 2010 (1)

https://www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-equal-work-what-law-says
Article published on 15th July 2019

Page directed at employers.
Relevant to Great Britain.

Overview

• Article is a concise overview of the legal implications of equal pay and a guide to some of the important terms and principles in the Equality Act 2010.

Equality Act 2010

• 'equality of terms' provisions of the Equality Act 2010.
• Act gives a right to equal pay between women and men for equal work. Covers individuals in the same employment, and includes equality in pay and all other contractual terms.
• Act implies a sex equality clause automatically into all contracts of employment, ensuring that a woman's contractual terms are no less favourable than a man's.

Pay includes the complete pay and benefits packages

• basic pay
• non-discretionary bonuses
• overtime rates and allowances
• performance-related benefits
• severance and redundancy pay
• access to pension schemes
• benefits under pension schemes
• hours of work
• company cars
• sick pay
• fringe benefits such as travel allowance
• benefits in kid

All employees have a right to equal pay

• The equal pay provisions in the act apply to men and women. However, to avoid repetition and for clarity this is written as though the claimant is a woman comparing her work and pay those of a man.
• The right of women and men to receive equal pay work applies to:

1. all employees (including apprentices and those working from home), whether on full-time, part-time, casual or temporary contracts, regardless of length of services.
2. other workers (e.g: self-employed) whose contracts require personal performance of the work.
3. employment carried out within Great Britain or where there is a sufficiently close link between the employment relationship and the UK.

Equal pay in the same employment

• A woman can claim equal pay with a man working:

1. for the same employer at the same workplace.
2. for the same employer but at a different workplace where common terms and conditions apply.
3. for an associated employer.

• EU law also allows a woman to compare herself to a man who is not in the same employment but where the difference in the in pay is attributable to 'a single source' which has the power to rectify the difference.

What is a comparator?

• For a woman to claim equal pay, she needs to be able to compare her pay to a man carrying out equal work (a 'comparator').
• Woman to select man to be compared with.
• Can claim off of more than one comparator.
• Her employer cannot influence the choice of comparator(s) and the comparator does not have to give consent.

(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)