Pay Related Discrimination

 

  • Gender based discrimination – Both male and female employees are entitled to the same pay where they are doing “like work”.

 

  • Male and Female employees are entitled to the same remuneration for “like work” regardless of age, sexual orientation, etc.

 

  • An employee has a right to receive the same rate of remuneration as another person employed on like work by the same employer or an associated employer (comparator) in the same place. Like work is regarded as:

 

  1. Where both perform the same work under the same or similar conditions, or where each is in every respect interchangeable with the other in relation to that work; or

 

  1. Where the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each occur only infrequently or are of small importance in relation to the work as a whole; or

 

  1. Where the work performed by one is equal in value to that performed by the other in terms of the demands it makes in relation to such matters as skill, physical or mental effort, responsibility and working conditions.

 

Work of Equal Value

The purpose of work of equal value is to allow jobs which are radically different in content to be demonstrated that the work performed by the claimants and the comparators are equally demanding.

 

This covers a weighing of varying factors e.g. the amount of skill, physical or mental effort, responsibility and the quality of working conditions.  Should any of these be of a higher value, employers will then be able to successfully differentiate on pay to individual employees.