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Equal pay

This topic contains all articles and case reports dealing with Equal Pay. They are shown in reverse chronological order, with the most recently published being listed first.

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Showing results from 1 to 20 of 549

Stable employment relationship explained

Where there is a “stable employment relationship”, the six-month time limit for bringing an equal pay claim is not triggered until the stable employment rela tionship ends. In this case, the Court of Appeal holds that “employment” for this purpose means the nature of the work, rather than the contract under which it is carried out. North Cumbria University Hospitals NHS Trust v Fox (CA, 30 Jun 2010)

Council workers employed at same establishment

The EAT has ruled that female local authority white-collar workers employed in a range of jobs were employed in “the same establishment” as their equal pay comparators, male manual workers, because it was “fair and reasonable” for the council to be treated as a single establishment for this purpose. City of Edinburgh Council v Wilkinson (EAT, 14 Apr 2010)

Compromise agreement held to exclude equal pay claims

In what is believed to be the first case to address the requirements of a compromise agreement under the amended s.77 of the Sex Discrimination Act, an employment tribunal holds that the claimants had entered into a valid agreement that excluded the jurisdiction of the tribunal in relation to claims that related to the period covered by the agreement. McWilliam and others v Glasgow City Council (ET S/132316/07 and others, 12 May 2010)

Employers resistant to pay gap reporting

The expectation that employers will measure their gender pay gap and publicly report the results seems overly optimistic, according to research carried out for the Equality and Human Rights Commission.

Diary: Equal pay play

The touring theatrical company Mikron has been commissioned by the TUC to write a script to mark the 40th anniversary of the Equal Pay Act.

Bonusability and equal pay

An employment tribunal finds that the reasons put forward by the respondents in this case as to why the comparator male groups were paid various bonuses, which were not paid to the female claimants, were “sham”. Barker and others v Birmingham City Council (26 Apr 2010, ET/3921)

EC campaigns to reduce gender pay gap

Plans to reduce significantly the pay gap between men and women over the next five years have been announced by the European Commission.

Confusion over whether back pay is pensionable

A recent amendment to the Local Government Pension Scheme (LGPS), which is backdated to apply from April 2008, appears to exclude equal pay settlements in local government from pensionable pay.

25 years of equality reporting

To mark the 25th anniversary of Equal Opportunities Review, and our 200th edition, we asked our editorial advisory panel members to reflect on the changes that have taken place since EOR first started in April/May 1985. (...more)

Collective bargaining as a defence to discrimination claims

Attempts by employers to shift the blame to trade unions where employees bring discrimination claims are examined by Bronwyn McKenna. (...more)

Diary: Gibson heresy

A few readers have asked me to elaborate on a point I made in the March 2010 issue in writing up the Court of Appeal’s judgment in the equal pay case of Gibson v Sheffield City Council. (...more)

European Commission proposes to reduce gender pay gap

The European Commission plans to raise awareness among employers, encourage initiatives to promote gender equality and support the development of tools to measure the gender pay gap, but new legal measures are not ruled out.

Equal pay impact assessments: a useful investment

Equality impact assessments are required to be undertaken in the public sector, but Sue Hastings argues that assessments could usefully be carried out by both public and private sector organisations. ...(more)

Local government equal pay: an overview of recent case law

Equal pay in local government has given rise to numerous legal challenges, with some cases taking many years to be concluded. Jennifer Eady QC and Kara Loraine give a selective overview of recent case law.

Conducting equal pay audits at the Learning and Skills Council

The Learning and Skills Council has found equal pay audits to be an essential good practice tool for highlighting equal pay issues, keeping costs down and maintaining a uniform approach to pay across the country-wide organisation. Carol Foster examines the council’s pay policy and procedures.

EHRC proposals for gender pay reporting

The EHRC has released proposals outlining voluntary reporting measures that organisations with 250 or more employees may use to publish information on pay differentials between male and female employees.

Armstrong reconsidered

The Court of Appeal has ruled that a local authority is obliged to objectively justify a productivity scheme under which male-dominated manual jobs received bonuses but female jobs such as carers, care workers and school meals staff did not. In so doing, however, a majority of the Court of Appeal held that the controversial case of Armstrong v Newcastle upon Tyne Hospital NHS Trust was correctly decided. Gibson v Sheffield City Council (10 Feb 2010, CA)

Moderation of job evaluations was not indirectly discriminatory

This case shows the benefit of having independent moderation of the scores under a job evaluation scheme. The claimant in this case claimed that the purpose of the moderation was to maintain the status quo, whereas the tribunal found that there no evidence that the moderator, who was not an employee of the respondent, had altered the scores with the intention of creating a gap between the claimant and her comparator. Ivanoff v City West Housing Trust Limited (28 Oct 2009, ET/2402804/08)

Genuine material factor defence fails

The need to monitor pay and to have transparent pay systems are emphasised in this case, where an employment tribunal concludes that the respondent did not consciously breach the Equal Pay Act but lacked understanding of the importance of adopting and using appropriate pay systems. Hastings v Davisons Solicitors (22 Sep 2009, ET/1305947/08 and ET/1309616/08)

NMW impacts on women's pay

The latest government report on the national minimum wage (NMW) argues that it has helped reduce gender inequality by lifting more women than men to a higher wage rate.


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