EQUAL PAY FOR WORK OF EQUAL VALUE, GENDER PAY GAP AND AUDITS.

2021 ◽  
pp. 125-134
Author(s):  
Rafael García García ◽  
Miriam Judit Gómez Romero
Keyword(s):  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap

Employment Rights and Duties, Statutory Office Holders, and Volunteers

2021 ◽  
pp. 57-80
Author(s):  
Elizabeth George ◽  
Karen Jackson
Keyword(s):  
Police Officers ◽  
Occupational Pension ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Pension Schemes ◽  
And Gender ◽  
Employment Rights

This chapter examines Part 5 of the Equality Act 2010, which prohibits discrimination, harassment, and victimization in employment and analogous situations. It contains provisions regarding those who are not strictly employees but who are also protected from discrimination in the course of performing their duties such as police officers, partners, barristers and advocates, and other office holders. Part 5 also contains the Occupational Pension Schemes provisions. Meanwhile, Chapter 3 of Part 5 contains the provisions relating to equal pay, pregnancy and maternity pay, restrictions on pay discussions, and gender pay gap information. The Act consolidates and replaces the previous anti-discrimination legislation which is largely replicated in the Act, with some notable amendments. These amendments are intended to unify the level of protection across all of the protected characteristics and to resolve any anomalies, for example around disability-related discrimination.

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.

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.

Pay equity and marginalized women

2018 ◽  
Vol 33 (2) ◽  
pp. 123-137 ◽  
Author(s):  
Roopkiran Kohout ◽  
Parbudyal Singh
Keyword(s):  
Gender Pay Gap ◽  
Pay Equity ◽  
Equal Pay ◽  
Pay Gap ◽  
Content Type ◽  
Cultural Challenges ◽  
Qualitative Research Study ◽  
Organizational Barriers ◽  
Marginalized Women ◽  
Experiences Of Women

Purpose The purpose of this paper is to examine the experiences of marginalized women in achieving equal pay for work of equal value. The research focuses on Ontario, Canada, as this is a leading jurisdiction globally in implementing legislation on pay equity. It provides an opportunity to understand the lived experiences of women whom scholars have identified as particularly vulnerable in workplaces. Design/methodology/approach This is a qualitative research study. Twenty-three interviews were conducted with women defined as marginalized. Thematic analysis was used to analyze the data. Findings Three themes resulted from the analysis: early employment experiences, cultural challenges at work and inequities in pay. The authors found that not only do structural and organizational barriers limit the ability of marginalized women to achieve parity in the workplace but there also is a hidden social element that requires further investigation. Originality/value The gender pay gap is wider for marginalized women, even after three decades since pay equity legislation was implemented in Ontario. There is a dearth of research on why this is the case. This study adds to the literature by focusing on a broader set of factors, in addition to legislation, that must be considered when focusing on solutions to the gender pay gap.

scholarly journals Pursuing equal pay: The perspectives of female engineers and potential policy interventions

2016 ◽  
Vol 59 (1) ◽  
pp. 3-21 ◽  
Author(s):  
Judy McGregor ◽  
Sharyn Graham Davies ◽  
Lynne S Giddings ◽  
Judith Pringle
Keyword(s):  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Individual Level ◽  
Women In Engineering ◽  
New Public ◽  
Family Demands ◽  
And Mathematics ◽  
The Individual ◽  
The Cost

The gender pay gap of higher paid women working in traditionally male-dominated sectors has received less analysis in equal pay research than low paid, female-dominated and undervalued women’s work. This article explores equal pay from the perspectives of female engineers, well paid women working in a Science, Technology, Engineering and Mathematics (STEM) sector in New Zealand, who perform work of the same or like nature to male engineers but who are paid less for doing so. It explores the gender pay gap against the complex intersections of labour market de-regulation, family demands, work and the ‘cost of being female’ that women in engineering must constantly navigate. The research uses quantitative pay data in the sector disaggregated by gender, and new qualitative data from focus groups and interviews with 22 female engineers. It finds a surprising lack of transparency around pay and remuneration in the sector at the individual level which negatively impacts on women. The article concludes by recommending new public policy initiatives for equal pay in sectors like engineering, where individualised negotiation and bargaining is embedded in neo-liberalism.

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.

Barriers to ‘equal pay for work of equal value’ for women in Japan: Assessing the potential for change

2020 ◽  
Vol 62 (4) ◽  
pp. 630-650
Author(s):  
Ayaka Beniyama
Keyword(s):  
Japanese Version ◽  
Gender Pay Gap ◽  
Job Evaluation ◽  
Wage Setting ◽  
Equal Pay ◽  
Pay Gap ◽  
Work Style ◽  
Evaluation Models ◽  
Equal Work ◽  
Legislative Measures

This article examines barriers to the principle of equal remuneration for work of equal value in Japan, reviewing impediments to the implementation of the International Labour Organisation’s Equal Remuneration Convention, and assessing whether the 2018 Work Style Reform Act–which seeks to reduce pay disparities between regular and non-regular workers through a Japanese version of ‘equal pay for equal work’–provides an alternative avenue through which stronger notions of work value and equality might become integrated into Japanese wage-setting norms and practices. This has implications for the gender pay gap, which could be addressed more effectively within a regulatory framework recognising equal pay for equal (value) work as a legal norm, as well as narrowed indirectly through improving remuneration for non-regular workers (the majority of whom are women). The analysis highlights the limits of the new legislative measures, arguing that in spite of some potential for improving pay for non-regular workers, they lack important features conducive to the pursuit of gender pay equality, in particular non-biased concepts of value, effective job evaluation models and a more inclusive gender/human rights perspective.

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.

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