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A recent development in Birmingham City Council v Abdulla (2011) has seen leave granted to Birmingham City Council to challenge the Supreme Court later this year, to decide whether claims can be brought in the civil courts where they will be in time, rather than restrict them to the ET where they will be out of time.
In this case 174 women submitted equal pay claims. The group comprised of cle
Blog Article | Last updated: 20/04/2012 11:37:00
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In Sunderland v Brennan and another the Court of Appeal held that the EAT had correctly ruled on the question of whether the employer had established a "genuine material factor" (GMF) defence, in the Sunderland equal pay litigation.
In this case a group of female employers made a claim for equal pay in relation to productivity bonuses against their employer, Sunderland Council. The EAT accepted
Blog Article | Last updated: 11/04/2012 15:02:00
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The law on equal pay formed parted of the government`s Discrimination Law Review that ultimately led to the introduction of the Equality Act 2010 ("the EqA 2010). The main provisions the EqA 2010, including those governing equal pay, came into force on 1 October 2010.
Discrimination HR Resources | Last updated: 05/03/2012 16:55:00
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The Equality Act 2010 ("the EqA") repealed and replaced the Equal Pay Act 1970 with effect from 1 October 2010. The EqA replicates the former legislation to prevent discrimination, as regards terms and conditions of employment, between men and women and introduces some new provisions aimed at reducing pay inequality.
Discrimination HR Resources | Last updated: 22/02/2012 15:25:00
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Legal framework
The Equality Act 2010, which repealed and replaced the Equal Pay Act 1970 from 1 October 2010, provides that a woman is entitled to equal pay with any man in the same employment as her, provided she is employed on:
• like work (i.e. the same work or work which is broadly similar), or
• work that is rated as equivalent under a job evaluation scheme, or
• work which is, in terms of the demands made on her, of equal value to that of the man's.
If one of these situations applies and the woman's contract contains a term which is less favourable than one in a man's contract, a ‘sex equality clause' is implied.
Each term is compared against the same term in the comparator's contract, rather than taking a global package approach.
The sex equality clause has the effect of modifying the term in the woman's contract so that it is no less favourable than the term in the man's contract. This, however, does not apply if any variation between the woman's contract and the man's contract is genuinely due to a material factor unrelated to the difference in sex.
Although the Equality Act refers to women and their treatment relative to men, the provisions apply equally to men and their treatment as compared to women.
Discrimination HR Resources | Last updated: 06/02/2012 16:49:00
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Grievance procedures are aimed at encouraging employers and employees to resolve disputes in the workplace without the need to resort to a tribunal claim as a remedy.
Tribunals must take into account guidance in the Code of Practice on Disciplinary and Grievance Procedures produced by the Arbitration Conciliation and Advisory Service (ACAS) ("the ACAS Code") in respect of all claims to which it relates. This sets down minimum standards for a company to follow.
Discipline & Grievance HR Resources | Last updated: 06/02/2012 16:36:00
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Legal framework
The law prohibiting discrimination in the workplace is principally governed by the Equality Act 2010, which received Royal Assent on 8 April 2010 and the majority of its provisions came into force on 1 October 2010. The Equality Act consolidates the numerous pieces of legislation that had been developed since the 1970s and seeks to adopt a single approach where appropriate. It also strengthens the law in certain areas.
The following have all been repealed and replaced by the Equality Act 2010:
• Equal Pay Act(1970)
• Sex Discrimination Act (1975)
• Race Relations Act (1976)
• Disability Discrimination Act (1995)
• The Employment Equality (Religion or Belief) Regulations (2003)
• The Employment Equality (Sexual Orientation) Regulations (2003)
• Employment Equality (Age) Regulations (2006)
The Equality and Human Rights Commission (the EHRC) is an independent statutory body whose principle aims are to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The ECHR has produced statutory Codes of Practice on meeting the legal obligations under the Equality Act in each of the following areas:
• Employment
• Equal pay, and
• Services, Public Functions and Associations
Discrimination HR Resources | Last updated: 06/02/2012 16:14:00
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Purpose and scope
The purpose of this Equal Pay Policy is to ensure that all employees and job applicants are treated equally and to support the Company's objective of ensuring that it provides equal pay to men and women for the same or broadly similar work, for work rated as equivalent and for work of equal value.
For the purposes of this Policy and in line with relevant legislation:
Pay is defined as "The ordinary basic or minimum wage or salary and any other consideration, whether in cash or kind, which the worker receives directly or indirectly, in respect of his (or her) employment from his (or her) employer". Pay includes basic pay, bonuses and sick pay, as well as other additional benefits, such as pensions, promotion and training opportunities.
Like work is defined as work which is the same or broadly similar.
Work rated as equivalent is defined as work which has achieved the same or a similar number of points under a job evaluation scheme.
Work of equal value is defined as work which is of broadly equal value when compared under headings such as effort, skill and decisions.
The Policy applies to all employees within the Company and, unless otherwise stated, all references to employees include potential employees, former employees, full-time and part-time employees.
This Policy does not form part of your terms and conditions of employment.
Discrimination HR Resources | Last updated: 06/02/2012 15:37:00
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Since the 1970`s, successive UK governments have promoted equal opportunities within the workplace through the introduction of equal pay and discrimination legislation, namely:
Sex Discrimination Act 1975
Race Relations Act 1976
Disability Di
Discrimination HR Resources | Last updated: 06/02/2012 13:55:00
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1. Have you identified where men and women are carrying out:
like work, i.e. work which is the same or broadly similar?
work rated as equivalent under a Job Evaluation Study?
work of equal value in terms of criteria such as skills, knowled
Discrimination HR Resources | Last updated: 16/01/2012 16:14:00
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