EMPLOYMENT LAW

Employment Law

Employment Law

Britain's Employment law has been through a number of amendments in the last 4 decades. The most significant change came with the Equal Pay Act 1970. Women employed in an establishment in Great Britain are protected by the Equal Pay Act 1970. The woman must be employed on like work, work rated as equivalent or work for equal value with a man in the same employment.

Women's rights should be similar and justified accordingly.An equality clause is implied into the woman's contract of employment which will entitle her to equal contractual benefits to her male comparator. However, the equality clause does not operate in respect of a variation between the woman's and the man's contract of employment if the employer proves that the variation is genuinely due to a material factor which is not the difference of sex In the case ofTo determine whether the job is the same or broadly similar, the tribunal should consider the work that is actually done and not the one required under the contract of employment.

The next stage is to consider whether any differences between the things done by the woman and her comparator are of practical importance in relation to the terms and conditions of employment based on what is actually done and not the contract of employment. In the case of Maidment v Cooper & Co (Birmingham) Ltd [1978] ICR 1094 Shields v E Coombes (Holdings) Ltd [1978] ICR 1159 Redland Roof Tiles Ltd v Harper [1977] ICR 349, EAT Capper overtake Ltd v Lawton [1977] ICR 83 HL 13, 385 A woman who brings an equal pay claim must first choose her comparator or comparators.

This is an significant step. If it turns out that women are not employed in a similar capacity like men. However, the work of equal value in reference to the the claim will fail. It is for women to compete accordingly. Women need not limit themselves to one comparator; a number may be chosen to limit the risk that a particular man will be found to be in an anomalous situation such that no comparison can be made or so that there is genuine material factor defence available to the employer. Enderby v Frecnhay Health Authority and another (Case C-127/92) [1993] IRLR 591, it was held that terms of an employment contract relating to pay should be viewed independently, and not as a whole. The premise is that this prevents unjust comparisons between a woman and her comparator, given that it may be possible for a contract of a woman could be viewed as favourable compared to a man if the terms were not considered individually.

A term in relation to pay may be modified, even if the contract appears to be favourable as a whole In the case of Equal Pay Act 1070, s 1(2)(c) Hayward v Cammell Laird Shipbuilders Ltd [1988] AC 894 Digest 20(1) 1044: The burden of proof in cases relating to sex discrimination in pay is that ...