Equal pay for equal work meaning

In this edition: Employment contract Pay Protected characteristics Prohibited conduct (discrimination etc) Prohibited conduct protection at work Equality of terms (equal pay) Employment Appeal Tribunal Governance and regulatory Immigration Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract UKSC upholds claimants’ appeal and restores injunction in Tesco ‘fire and rehire’ case In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, Tesco moved to end employees’ contracts to remove their ‘retained pay’—a contractual financial entitlement accepted as permanent—and to offer re-engagement on new terms excluding that pay. Working with the union, USDAW, several employees obtained a High Court injunction restraining Tesco from dismissing them in order to take away the retained pay entitlement. The Court of Appeal, however, allowed Tesco’s appeal against that order. The Supreme Court has since backed the claimants’ appeal and...

In this issue: Horizon scanning Employment contract Tax Prohibited conduct protection at work Prohibited conduct (discrimination etc) Diversity and gender pay gap Maternity, parents and carers Individual rights arising from trade union membership Bribery, modern slavery, tax evasion and fraud Unfair dismissal Settlement Employment tribunals Employment Appeal Tribunal Immigration LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers Horizon scanning The PM’s Office confirms the State Opening of Parliament, together with the King’s Speech, will occur on 17 July 2024. The new Parliament is summoned for 9 July 2024 to choose the Speaker and administer oaths to members. See: LNB News 30/05/2024 60. Employment contract Heathrow Express has not succeeded in its appeal concerning lifelong rail perks. In Adekoya v Heathrow Express Operating Co Ltd [2024] EAT 72, the EAT found the company must again defend breach of contract...

Aird and others v (1) Asda Stores Ltd, (2) Brierley and others [2024] EAT 52 What are the practical implications of this case? This ruling provides an uncommon illustration of a case management direction within group litigation before the employment tribunal. Although there are no formal Rule 36 orders in place designating ‘lead claimants’ in the Asda equal pay litigation, the matters of selected sample claimants are being tried first, with all remaining claims paused until determinations are made in those cases. It is highly improbable that any participant, Asda included, will be allowed to re‑argue issues determined through the sample claims. The appeal addresses the circumstances of solicitors acting for certain claimants whose proceedings are stayed (within the Calder Multiple). On one side, those claimants and their lawyers gain from the work undertaken and expenditure incurred by others in advancing the hearings of the sample claims (within the Brierley Multiple). On the other side, they are likely to be held to the results of proceedings in which...

This Practice Note considers how equal pay (equality of terms) applies to women who are pregnant or on ordinary or additional maternity leave (OML/AML). It also examines key elements relevant to pregnancy and maternity within equal pay law, including: the implied maternity equality clause, covering its impact and the duration of the protected period the principle that a comparator is unnecessary for pregnancy- and maternity-related equal pay claims how pay rises, bonuses and pension contributions are handled during maternity leave and on returning to work A woman away from work on maternity leave occupies a distinct position that merits particular protection, yet is not comparable to a man who is actually working. Consequently, she is not entitled to full pay during maternity leave, notwithstanding the equal pay principle in the Treaty on the Functioning of the European Union. That said, being on maternity leave does not remove all equal pay entitlements for the duration of the absence (see: Effect of maternity...

This Practice Note considers equal pay audits, under the Equality Act 2010 (EqA 2010) provisions providing equality of pay An equal pay audit is a mechanism employers use to spot possible workplace discrimination arising from unequal pay for equal work. Some employers choose to conduct them on a voluntary basis. Carrying one out can enable an employer to: demonstrate its commitment to achieving and promoting equal pay compare the pay of protected groups who are performing equal work investigate the cause of any gaps identified by reference to a protected characteristic (most commonly gender) identify steps to close any gaps identified that cannot be legally justified use the findings and action points identified as a risk assessment for pay structures reduce potential equal pay breaches going forward Most employers do, unintentionally, have some gaps in pay that are brought to light by an audit. While many of these might be capable of objective justification, employers may nevertheless be...

This Practice Note cites decisions of the Court of Justice of the European Union. For advice on the extent to which EU rulings bind the courts of the United Kingdom, consult Practice Note: Assimilated law — Assimilated case law. The legislative framework Two distinct legislative strands must be assessed when considering part-time workers and discrimination. The first concerns equal treatment as between men and women. Because, historically, women have been more likely than men to work part-time, employment conditions, including pension scheme terms, that treat part-time staff less favourably may amount to discrimination against women. The second concerns measures directed specifically at safeguarding part-time workers. Equal treatment legislation Provisions intended to guarantee equality for men and women in relation to pension schemes have a long history. The current domestic position is contained in section 67 of the Equality Act 2010 (EqA 2010), which stipulates that any pension scheme lacking a sex equality rule is to be regarded as if such a rule were included. This ensures...

[ Insert in para 6.1 of response form ET3: ] Paragraph 1 of the Grounds of Claim is accepted. It is denied that the Claimant carries out like work to that of [ insert names of comparators ]. The Claimant’s duties were materially different from those of [ insert names ] in the following ways: [ insert details ]. OR It is denied that a valid job evaluation exercise assessed the Claimant’s work as equivalent to that of [ insert name of comparator ]...

Reasons for believing employee may not have had equality of terms I contend my terms are not on a par with my comparators. I hold the role of [ insert claimant’s job ] yet am paid less than comparators who are [ insert comparator’s job ]. At my workplace, other [ insert claimant’s job ] are almost entirely [ female OR male ]. The comparators, being [ insert comparators’ job ], are wholly [ male OR female ]. They are awarded productivity bonuses that are not given to [ insert claimant’s job ]. Alternatively, I serve as [ insert claimant’s job ]; my immediate predecessor was [ male OR female ], and I understand [ he OR she OR they ] received a superior remuneration package to mine, including bonuses. Comparators Provide the names or job titles of the selected comparators. Other questions Include any additional questions. Entitlement to claim Do you acknowledge that I am an [ employee OR public...

1 Introduction 1.1 The Company pledges to build the capabilities and knowledge of its people through training and development initiatives, supporting the business and its aims and objectives. 1.2 This document outlines the Company’s policy on providing training and study leave to all employees, and clearly explains in detail the steps and procedures to follow when applying for both courses and study leave [ and financial assistance to support training ]. 1.3 The Company upholds equal opportunity in employment for all its employees and will ensure that no employee is prevented or refused access to training because of race, colour, nationality, ethnic or national origin, gender, disability, sexual orientation, religion or belief, or age. 1.4 This policy aims to be as thorough and comprehensive as possible. However, if anything remains unclear, or you have any further questions about the policy, please contact [ the HR department ]...

The Equality Act 2010 (EqA 2010) The Equality Act 2010 (EqA 2010) sets out measures to secure equality between men and women in pay and other employment terms where an employee’s work matches that of a comparator of the opposite sex. It accomplishes this by implying a sex equality clause into the employee’s contract of employment, ensuring that the contract reflects the comparator’s terms. This mechanism is intended to guarantee parity of conditions between the employee and their comparator...