Equal pay for men and women
What does the Equal Pay Act 1970 contain?
The Equal Pay Act 1970 states that "it
is unlawful to offer different pay and conditions where women and men
are doing the same or like work or work rated as equivalent".
"It is also unlawful to offer unequal pay for work of equal value
in terms of demands made under such headings as effort, skill and decision
making". This can apply even where two posts look apparently dissimilar.
Note: The Act does not permit claims
for equal pay with other people of the same sex, or between different
employers.
Anyone who considers they have a reasonable
complaint can submit a claim to an employment tribunal while they are
still doing the job or within six months of leaving it.
What are equal pay questionnaires?
Equal Pay questionnaire procedures are available in individuals' disputes
over matters of:
- Sex
- Race
- Disability Discrimination
The procedure allows individuals to question
their employer on what they believe to be discriminatory treatment
even before an employment tribunal claim has been lodged.
From 6 April 2003 a questionnaire procedure has been introduced into the
Equal Pay Act 1970 in an effort to speed up and simplify equal pay claims
in the hope that the rate of settlement of such claims will be increased.
The procedure allows an individual to request key information from their
employer to establish whether they are receiving equal pay and, if they
are not, the reasons why. The questions and replies can be admitted as
evidence in subsequent tribunal proceedings and although an employer is
not legally bound to respond a deliberate failure to do so without good
reason will allow a tribunal to draw any inference it considers just and
equitable.
What are the implications for employers,
who receive these questionnaires, regarding confidentiality and the Data
Protection Act?
Employers are expected to answer the questionnaire as fully as possible.
They may sometimes be asked to provide information that is confidential.
An example could be details of a colleague's pay package. Such information
is confidential, and if that colleague does not want it to be disclosed,
the employer may wish to take legal advice regarding the confidentiality
and data protection implications. It is possible that in many cases employers
will be able to answer detailed questions in general terms whilst still
preserving the anonymity and confidence of their workers.
Where can you get more information?
For further details, the Code of Practice on Equal Pay and information
on equal pay questionnaires contact:
Equal Opportunities Commission
Telephone: 0845 601 5901
www.eoc.org.uk
The Information Commissioners Department
Telephone: 01625 545 745
www.dataprotection.gov.uk
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