Equality of Terms

2021 ◽  
pp. 209-223
Author(s):  
Rhodri McDonald ◽  
Sophie Buckley
Keyword(s):  
Pension Scheme ◽  
Occupational Pension ◽  
Eu Law ◽  
Equal Pay ◽  
Men And Women ◽  
Sex Equality ◽  
Equal Work ◽  
Pension Benefits ◽  
Conditions Of Employment

This chapter explores Part 5, Chapter 3 of the Equality Act 2010, which deals with equality in contractual terms and conditions of employment and occupational pension scheme rules. It deals with all aspects of equal pay law, i.e. the rules requiring that men and women doing equal work should have equal contractual and pension benefits. The chapter begins by briefly setting these provisions in context, addressing their relationship with discrimination law and EU law. It then looks at the sex equality clause (contract terms) and sex equality rule (pensions). Finally, the chapter concludes with a consideration of the maternity equality clause and maternity equality rule.

27. Discrimination

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Social Security ◽  
Gender Equality ◽  
Equal Treatment ◽  
Occupational Pension ◽  
Eu Law ◽  
The European Union ◽  
Equal Pay ◽  
Self Employment ◽  
Equal Work

This chapter examines European Union (EU) law on discrimination. It provides an overview of provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). The chapter explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113, Directive 2000/43 and Directive 2000/78.

25. Discrimination

2020 ◽  
pp. 580-630
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Sexual Orientation ◽  
Equal Treatment ◽  
Occupational Pension ◽  
The European Union ◽  
Equal Pay ◽  
Self Employment ◽  
Sex Equality ◽  
Equal Work ◽  
Definition Of

This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).

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.

Men and Women Should Receive Equal Pay for Equal Work

1975 ◽  
Vol 7 (4) ◽  
pp. 53-60 ◽  
Author(s):  
Chin Chi-tsu ◽  
Hung Sung
Keyword(s):  
Equal Pay ◽  
Men And Women ◽  
Equal Work

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.

The Equal Pay Act: The First 30 Years

1997 ◽  
Vol 26 (3) ◽  
pp. 335-344 ◽  
Author(s):  
Suzanne M. Crampton ◽  
John W. Hodge ◽  
Jitendra M. Mishra
Keyword(s):  
Civil Rights ◽  
Wage Differentials ◽  
Equal Pay ◽  
Men And Women ◽  
Civil Rights Act ◽  
Pay Disparity ◽  
Women's Wages ◽  
Equal Work ◽  
Equal Pay Act

Historically, women have been paid less than men. This pay disparity between men and women exists even when women hold similar jobs and are comparable to men with regard to seniority and experience. The goal of the Equal Pay Act of 1963 and the Civil Rights Act of 1964 was to change this situation. The Equal Pay Act states that men and women should receive the same pay for equal work. Three decades have passed but women's wages remain less than wages for men in equal positions. The focus of this paper is a discussion of the Equal Pay Act on wage differentials between men and women. Strategies will be presented that organizations can follow to minimize compensation disparities.

scholarly journals Equality without improvement? A case study of the impact of the Belgian unified status among blue-collar and white-collar workers on their occupational pensions

2021 ◽  
pp. 138826272110319
Author(s):  
Sarah Knoops
Keyword(s):  
White Collar ◽  
Pension Scheme ◽  
Occupational Pension ◽  
Equal Pay ◽  
Occupational Pensions ◽  
Pension Schemes ◽  
White Collar Workers ◽  
High Level ◽  
The Impact

The long-standing EU acquis of equal pay between male and female workers still proves to be a source of inspiration in the fight against discrimination, even in matters beyond the EU’s competence. This article deals with differences in status between blue- and white-collar workers, which have been haunting many Member States even as technological progress erodes its justification. Although this ground was never protected by EU law, a case study of the Belgian unified status with regard to occupational pensions (the second pension pillar), clearly shows the impact of the jurisprudence of the CJEU. In line with this EU case law, there is no requirement to grant the most beneficial pension scheme to all employees, which could lead to equal, but nevertheless very modest occupational pensions. Based on the preliminary results, we can predict that the Belgian unified status will have a positive effect on the number of blue- and white-collar workers affiliated to a pension scheme. It is, however, unlikely that the high level of benefits of the most generous pension schemes will be retained after harmonisation, considering the financial impact on the employer. It is therefore to be expected that the unified status will indeed lead to equal occupational pension schemes between blue- and white-collar workers, but fail to act as a lever to improve the quality of the second pension pillar in Belgium.

Combining work and family life: the pension penalty of caring

2003 ◽  
Vol 23 (5) ◽  
pp. 583-601 ◽  
Author(s):  
MARIA EVANDROU ◽  
KAREN GLASER
Keyword(s):  
Family Care ◽  
Later Life ◽  
Work And Family ◽  
Pension Scheme ◽  
Occupational Pension ◽  
Paid Work ◽  
Family Responsibilities ◽  
Men And Women ◽  
Pension Income ◽  
Care Giving

This paper uses work and caring history information from the British Family and Working Lives Survey (1994/5) to examine the provision of family care and its impact upon the employment and the subsequent state and private pension entitlement among mid-life men and women. Combining paid employment with care-giving was not an option for a significant minority of women with caring responsibilities in mid-life. One-in-five mid-life women who have ever had caring responsibilities reported that, upon starting caring, they stopped work altogether, and another one-in-five reported that they worked fewer hours, earned less money or could only work restricted hours. Fewer men and women who stopped work as a result of caring were members of an occupational pension scheme than other groups; and they had accumulated fewer years of contributions than their counterparts who continued working, with direct implications for their level of pension income in later life. The extension of employers' schemes to help workers balance paid work and family responsibilities would facilitate more carers remaining in the labour market, as would an explicit carers' dimension within the new ‘Working Tax Credit’. Consideration should also be given to extending credits for second tier pensions to working carers who provide care for over 16 hours a week and who earn below the lower earnings limit. This will ensure that carers who juggle low paid work and care are not penalised for working, and that their unpaid contribution to society is recognised.

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.

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