Equal pay
The Equal
Pay Act of 1970 makes it unlawful for employers to discriminate
between men and women in their pay and conditions where they are
doing the same or similar work; work rated as equivalent; or work
of equal value. The Act applies to both men and women but does
not give anyone the right to claim equal pay with a person of the
same sex - any comparison must be with a person of the opposite
sex. The Equal Pay Act was passed in 1970, when the pay gap between
men and women stood at 37%. It covers both pay and other terms and
conditions such as piecework, output and bonus payments, holidays
and sick leave.
European law has extended the concept of equal
pay to include redundancy payments, travel concessions, employers’
pension contributions and occupational pension benefits. This means
that even though a man and a woman are receiving the same basic
rate of pay there may still be a breach of the principle of equal
pay because other benefits (such as a company car, private health
care etc) are not provided on an equal basis. The Equal Pay Act
applies to pay or benefits provided by the contract of employment.
The Sex Discrimination Act covers non-contractual arrangements
including benefits such as access to a workplace nursery or travel
concessions.
The equal pay questionnaire, which came into
effect on 6 April 2003, is intended to help individuals who believe
they may not have received equal pay to request key information
from their employers to establish whether this is the case and, if
so, the reasons why. Please click the link below to access
the equal pay questionnaire:
Equal Pay
Questionnaire
Anyone with an equal pay complaint can use the
equal pay questionnaire to find out whether they have received
equal pay but it is likely to be in everyone’s interest to try and
resolve any problems within the workplace.
Anyone who considers that they have been
discriminated against under the Equal Pay Act can make a claim to
an employment tribunal. There is no age or length of service
requirement to present a claim, and the applicant does not have to
work any specified number of hours.
There are strict time limits within which a
claim must be brought. An application can be made:
• at any time while the applicant is doing the job to which the
claim
relates; or
• within 6 months of leaving that job.
The time limit for bringing an equal pay claim
can be extended in cases where the employer has deliberately
concealed information or the applicant has been under a disability.
See Workplace Guidance on Amendments to the Equal Pay Act and Sex
Discrimination Act (July 2003).
Post Your Pay Gap