Tag Archives: equal pay
UK: Equal pay: out of time tribunal claims can proceed in the High Court
Employers could face a substantial increase in historic equal pay claims. The Supreme Court has upheld the Court of Appeal’s decision that claimants who have failed to meet the time limit for an equal pay claim in the employment tribunal … Continue reading
Filed under Discrimination and equal pay, Jurisdiction: UK
UK BIS reforms: removal of statutory questionnaires and third party harassment provisions
The Enterprise and Regulatory Reform Bill has been amended to reflect the Government’s plans to repeal the provisions in the Equality Act 2010 relating to third party harassment and the discrimination questionnaire procedure (reported in our blog post), despite opposition … Continue reading
Employment law reform: equal pay audits
The government has announced that it is going ahead with its earlier proposal to give employment tribunals power to order pay audits where an employer is found guilty of gender discrimination in relation to contractual or non-contractual pay matters. Tribunals … Continue reading
Inequality in discretionary benefits: Employers may benefit from uncertainty over division between sex discrimination and equal pay claims
Equal pay claims can only be brought where there is a contractual term which is modified or included as a result of the equality clause which statute deems to apply. If there is no such clause, the only option is … Continue reading
Filed under Discrimination and equal pay
Equal pay: out of time tribunal claims can proceed in the High Court
A Court of Appeal ruling means that employers may face equal pay claims brought in the High Court as a breach of contract claim even though a tribunal claim would be out of time. Equal pay claims can be brought … Continue reading
Filed under Discrimination and equal pay
Equal pay: voluntary initiative launched
The Government Equalities Office has published a reporting framework to encourage employers voluntarily to identify barriers to equality of pay, take action to address the issues and report publicly on progress. This is supported by guidance from Acas. The initiative … Continue reading
Filed under Discrimination and equal pay
Equal pay: employers may not need to freeze comparator’s pay to remove TUPE-related pay disparity
Where a pay disparity arises on a TUPE transfer (eg, due to higher transferor pay levels), this may provide the transferee employer with a “material factor” defence to an equal pay claim even where it fails to take any steps … Continue reading
Filed under Discrimination and equal pay, TUPE
Government plans for employment law changes
BIS is consulting until 8 August 2011 on the following proposals: changing the leave available to parents from no earlier than April 2015. Fathers are to have leave to attend two antenatal appointments. Mothers will receive 18 weeks’ maternity leave … Continue reading