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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?
Click here for our information on
Equal Pay Act Questionaires

The Information Commissioners Office (ico)
Telephone: 0303 123 1113.
The helpline is open from 9am to 5pm, Monday to Friday
Information Commissioners Department
http://www.ico.gov.uk/

 


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