Equal Pay
This Act relates to equal pay as between men and women. Complaints about pay or other contract terms (e.g. pensions) as they differ between men and women are the concern of the Equal Opportunities Commission (Tel 08456 015901) that promotes equal treatment for men as well as women rather than imply that the problems are all one way.
The Equal Opportunities Commissions Code of Practice on Equal Pay came into effect on 6 March 1997. In essence it requires employers to:
1. review current pay structures and policy
2. introduce equal pay policies
3. ensure pay structures and grades are transparent
4. change practices which are likely to result in discrimination in pay
5. establish a continuous monitoring procedure and on-going assessment to prevent development of bad practices
6. deal with any discrepancies in pay levels between male and female staff.
The Code will be admissible in evidence in any tribunal proceedings.
By virtue of the Employment Act 2002 the Secretary of State has prescribed a form of questionnaire that employees may use to obtain information from their employer where they feel they might have a claim under the Equal Pay Act. Forms have also been prescribed that the employer may use to respond.
The Questionaire and any replies may be admissible in evidence in any subsequent Employment Tribunal hearing.
If a Tribunal considers that an employer deliberately and without reasonable excuse omitted to reply in the time allowed or replied in an evasive or equivocal manner it may draw any inferences it considers just or equitable. Clearly such questionnaires should not be ignored but dealt with fairly and promptly.
All PBS Information Sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
equal pay