18. Equal pay

2019 ◽  
pp. 302-327
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Good Reason ◽  
Sex Discrimination ◽  
Gender Pay Gap ◽  
Positive Duty ◽  
Equal Pay ◽  
Pay Gap ◽  
Similar Work ◽  
Opposite Sex ◽  
Equal Pay Act ◽  
The Uk

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 The Equal Pay Act, which came into operation in 1975, was repealed in 2010, but its content was effectively transposed into the Equality Act 2010.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.

14. Equal Pay Law

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Sex Equality ◽  
Contract Of Employment ◽  
Opposite Sex ◽  
Equal Work ◽  
The Uk ◽  
Material Factor ◽  
The Eu

This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.

14. Equal Pay Law

2020 ◽  
pp. 549-583
Author(s):  
David Cabrelli
Keyword(s):  
Labour Market ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Sex Equality ◽  
Contract Of Employment ◽  
Opposite Sex ◽  
Equal Work ◽  
The Uk ◽  
Material Factor

This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.

5. Equal Pay

2020 ◽  
pp. 163-176
Author(s):  
Astra Emir
Keyword(s):  
Burden Of Proof ◽  
Sex Discrimination ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Time Limits ◽  
Sex Equality ◽  
Equal Work ◽  
And Gender ◽  
Material Factor

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.

scholarly journals Women's Approaches to Negotiation: The Role of Negotiation in the Gender Pay Gap

2020 ◽  
Author(s):  
Delaney Arth
Keyword(s):  
Wage Structure ◽  
Workplace Culture ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Men And Women ◽  
Compensation Packages ◽  
Equal Pay Act ◽  
Depth Interviews

The gender pay gap has a long and well-documented history. The Equal Pay Act of 1963 was passed in an attempt to combat this gap in wages between men and women, but as of 2019 women still on average earn less than 80% of what their male counterparts do. Countless factors contribute to this discrepancy, from gender norms to workplace culture to wage structure and so much more. Though there is a significant literature discussing the gender pay gap, the majority of it focuses on external barriers to equality, including but not limited to institutional inequality, social norms, and workplace discrimination. Fewer scholars have addressed the internalized barriers to equality in the workplace that women face—such as how gendered norms and expectations may affect workplace behaviors such as negotiating compensation packages. My project employs qualitative content coding and individual breakdown of semi-structured, in-depth interviews to investigate if, how, and why women’s approaches to negotiation may contribute to pay inequity in professional positions. My findings confirm a discrepancy in rates of negotiation between male and female respondents. They also suggest that divergences in the circumstances surrounding negotiations as well as in approaches to negotiation exist between men and women, and among workers with various levels of seniority. Finally, my findings in combination with existing literature suggest a link between negotiation and the gender pay gap.

5. Equal Pay

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Burden Of Proof ◽  
Sex Discrimination ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Time Limits ◽  
Sex Equality ◽  
Equal Work ◽  
And Gender ◽  
Material Factor

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.

Closing the Gender Pay Gap: New Approaches to an Old Problem

2018 ◽  
Vol 50 (4) ◽  
pp. 189-195
Author(s):  
Kurt Stanberry
Keyword(s):  
State Level ◽  
Gender Pay Gap ◽  
Pay Equity ◽  
Federal Law ◽  
Equal Pay ◽  
Pay Gap ◽  
Federal Level ◽  
New Approaches ◽  
Work Concept ◽  
Equal Pay Act

This article addresses new approaches to address a long-standing employment compensation problem—the gender pay gap. Existing approaches, including the Equal Pay Act and Title VII, are more than 50 years old, and have only been marginally successful in resolving this problem. A pay gap based on gender remains a problem today. New approaches include the potential passage of the Paycheck Fairness Act at the federal level and a variety of laws at the state level. Some states have passed pay equity laws that are more successful than the federal law due to the use of the comparable work concept. Additionally, some states have passed laws regulating the asking of salary history questions, as well as the use of non-compete and no-poaching agreements, all of which have a chilling effect on pay equity. The result of the combination of these actions is a probable reduction of the gender pay gap, although eliminating it remains a distant goal.

scholarly journals The changing face of employment relations: equality and diversity

2015 ◽  
Vol 37 (6) ◽  
pp. 705-719 ◽  
Author(s):  
Sian Moore ◽  
Stephanie Tailby
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Labour Market ◽  
Minimum Wage ◽  
Hourly Wage ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Content Type ◽  
The Uk

Purpose – The purpose of this paper is to explore what has happened to the notion and reality of equal pay over the past 50 years, a period in which women have become the majority of trade union members in the UK. It does so in the context of record employment levels based upon women’s increased labour market participation albeit reflecting their continued over-representation in part-time employment, locating the narrowed but persistent overall gender pay gap in the broader picture of pay inequality in the UK. Design/methodology/approach – The paper considers voluntary and legal responses to inequality and the move away from voluntary solutions in the changed environment for unions. Following others it discusses the potential for collective bargaining to be harnessed to equality in work, a potential only partially realised by unions in a period in which their capacity to sustain collective bargaining was weakened. It looks at the introduction of a statutory route to collective bargaining in 2000, the National Minimum Wage from 1999 and at the Equality Act 2010 as legislative solutions to inequality and in terms of radical and liberal models of equality. Findings – The paper suggests that fuller employment based upon women’s increased labour market activity have not delivered an upward pressure on wages and has underpinned rather than closed pay gaps and social divisions. Legal measures have been limited in the extent to which they have secured equal pay and wider social equality, whilst state support for collective solutions to equality has waned. Its replacement by a statutory minimum wage initially closed pay gaps, but appears to have run out of steam as employers accommodate minimum hourly rates through the reorganisation of working time. Social implications – The paper suggests that statutory minima or even voluntary campaigns to lift hourly wage rates may cut across and even supersede wider existing collective bargaining agreements and as such they can reinforce the attack on collective bargaining structures, supporting arguments that this can reduce representation over pay, but also over a range of other issues at work (Ewing and Hendy, 2013), including equality. Originality/value – There are then limitations on a liberal model which is confined to promoting equality at an organisational level in a public sector subject to wider market forces. The fragmentation of bargaining and representation that has resulted will continue if the proposed dismantling of public services goes ahead and its impact upon equality is already suggested in the widening of the gender pay gap in the public sector in 2015.

scholarly journals Equal pay legislation and its impact on the gender pay gap

2011 ◽  
Vol 11 (4) ◽  
pp. 164-186 ◽  
Author(s):  
Laura Gow ◽  
Sam Middlemiss
Keyword(s):  
Comprehensive Analysis ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Legal Rules ◽  
The Law ◽  
The Uk ◽  
Over 40 Years

Equal pay legislation has been in existence for over 40 years in the UK and the legal rules dealing with equal pay have been consolidated and amended recently with the implementation of the Equality Act 2010. However, despite this, problems can still be identified with equal pay in the UK, most notably the continued existence of a sizeable gender pay gap. This article will outline the current legal rules on equal pay and analyse their effectiveness in addressing the issue of the gender pay gap. It is clear that a problem such as the gender pay gap is often caused in society by deeply held stereotypical, discriminatory views and in employment by employers (and some employees) with institutionalised discriminatory attitudes and behaviour. These causes of the gender pay gap militate against it being tackled solely by the law (specifically equality legislation). In this article we will undertake a comprehensive analysis of the topic and establish to what extent the current law can facilitate the necessary changes to eradicate this gap. In areas where it is not sufficiently robust to do this we will analyse what further changes are required through adjustments in the legal rules in the UK. Clearly, much is to be gained from eradicating the gender pay gap. However, there are a number of obstacles to achieving this, which are considered.

scholarly journals Gender pay gap in salary bands among employees in the formal sector of South Africa

2018 ◽  
Vol 16 ◽  
Author(s):  
Adeboye M. Adelekan ◽  
Mark H.R. Bussin
Keyword(s):  
Top Management ◽  
Gender Pay Gap ◽  
Formal Sector ◽  
Pay Gap ◽  
Men And Women ◽  
Representation Of Women ◽  
Similar Work ◽  
The Status ◽  
Managerial Implications ◽  
Value Add

Orientation: The gender pay gap is a worldwide challenge that has persisted despite political will and interventions. Comparably qualified women performing similar work as men continue to earn less. There are conflicting views in the literature regarding the status of the gender pay gap.Research purpose: The purpose of the study was to determine status of the gender pay gap among employees in the same salary band and to establish whether men and women receive similar pay for similar work in the study population.Motivation for study: The status of the gender pay gap would establish the progress made towards closing the gap and guide necessary adjustments to interventions.Research approach/design and method: A quantitative analysis was conducted on the pay information of 217 902 employees collected in a survey from over 700 companies, across 10 job families and 6 industries.Main findings: Men’s pay was consistently higher than that of women in all salary bands except at the 75th and 95th percentile in sub-bands B-lower and B-upper and 25th percentile in sub-band E-upper. The gender pay gap ranged from 8% in band A to 27.1% in sub-band F-upper. The gaps observed in the salary bands were statistically significant (p < 0.0001) except in sub-band E-upper, F-lower and F-upper, indicating convergence towards similar pay for similar work at senior to top management levels. Women were under-represented in all salary bands with the lowest presence in band F, especially sub-band F-upper. Gender, race, job family and industry have a significant effect on income earned in the study sample.Practical/managerial implications: Government’s efforts seemed to have produced minimal results as women are represented in all job families, industries and salary bands. The pay of men and women in senior and top management levels was similar. However, more still needs to be done to achieve the 50% target representation of women in senior management and close the gap at all levels.Contribution/value-add: The number of women at management levels is still very low when compared to their male counterparts. However, the gender pay gap in senior to top management positions are converging towards similar pay for work of similar value.

Sign in / Sign up

Export Citation Format

Share Document