What is equal work?Ī woman performing 'equal work' to a man is entitled to equal pay. For example, issues such as the terms of a job offer, promotions, discretionary pay rises and discretionary bonuses. Sex discrimination law covers matters which are not included in the contract. For example, matters such as basic pay, automatic pay progression, sick pay, hours of work, performance-related pay and holiday pay would all tend to be contained in a contract, and so fall within equal pay law. It can sometimes be difficult to determine which law applies to a particular set of facts.Įqual pay law covers pay or other terms that are regulated by a contract of employment. Please click 'download files' to read the full inbrief.Įqual pay law is essentially a type of sex discrimination law.
The Equality Act 2010 now refers to equal pay as 'equality of terms', but everyone still tends to refer to it as equal pay. We refer in this inbrief to a woman bringing an equal pay claim by comparing herself with a male colleague, but the principles apply equally in reverse- a man can also bring an equal pay claim based on a comparison with a female colleague. This inbrief provides a general summary of the main features of equal pay law and highlights some practical issues for employers.