equal pay
The requirement of the Equality Act 2010 that men and women in the same employment must be paid at the same rate for like work or work rated as equivalent or of equal value. Employees are regarded as being in the same employment if they work at the same establishment (or if one works at an establishment that includes the other’s) and they work for the same or an associated employer. The establishments must also be those at which the terms and conditions of employment are observed generally or for employees of the relevant description. “Like work” is work that is broadly similar, where any differences between the man and the woman’s work are not of practical importance (Equal Pay Act 1970 (as amended); see also Capper Pass Ltd v Lawton [1976] IRLR 366 (EAT)). Work is rated as equivalent when the employer has undertaken a study to evaluate his employees’ jobs in terms of the skill, effort, and responsibility demanded of them and the woman’s job is given the same grade as the man’s (Eaton Ltd v Nuttall [1977] IRLR 71 (EAT)). If the employer has no job-evaluation scheme, an independent expert is appointed by an employment tribunal to evaluate the two jobs to see if they are of equal value. When the employer’s job-grading system or the expert’s report recognizes that the woman’s job is as demanding as the man’s, they are entitled to equal pay even though the nature of the work they do is different. An employer’s job-evaluation system can be challenged on the basis that it is discriminatory (Case C-237/85 Rummler v Dato-Druck Gmbh [1986] ECR 2101). See also equality clause; gender pay gap.

The Enterprise and Regulatory Reform Act 2013 allows for regulations to be made that will require an employment tribunal to order employers to carry out equal pay audits where they have been found to have breached the law. Regulations provide that an employment tribunal may order an employer to pay a penalty not exceeding £5,000 for failure to comply with an equal pay audit order. Firms are not required to publish the results of any audit.

The Equality and Human Rights Commission has published a Statutory Code of Practice on Equal Pay, and this is admissible as evidence in any tribunal proceedings.

https://www.equalityhumanrights.com/en/publication-download/equal-pay-statutory-code-practice

• The Equality and Human Rights Commission’s Statutory Code of Practice on Equal Pay

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