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Employment LawAn Introduction

Employment Law: An Introduction (5th edn)

Stephen Taylor and Astra Emir
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date: 29 February 2024

p. 30218. Equal paylocked

p. 30218. Equal paylocked

  • Stephen TaylorStephen TaylorCIPD Chief Examiner and Senior Lecturer in Human Resource Management, University of Exeter Business School
  •  and Astra EmirAstra EmirBarrister-at-Law

Abstract

This chapter discusses the evolution of equal pay law in the UK, selection of comparator by the claimant, employer defences and remedies, bringing a claim, bringing equal pay cases using sex discrimination statutes, and critiques of equal pay law. The Equal Pay Act, which came into operation in 1975, was repealed in 2010, but its content was effectively transposed into the Equality Act 2010. A claimant is required to name a comparator of the opposite sex who she claims is paid more than she is, without good reason, despite doing the same work, broadly similar work, work which has been rated as equivalent or work of equal value. Equal pay law has been criticised for failing to bring about equality in pay between men and women. Suggested reforms include placing a positive duty on employers to take action to eliminate unequal pay. The chapter also considers gender pay gap reporting.

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