Discrimination in Employment

Discrimination in Employment

Equal Pay Act passed in 1970. This implemented the European principle

of Equal pay contained in Treaty of Rome Article 119 (now 141) and

sets out a broad definition of pay.

Although the EPA is limited in application in that the comparison is

between a man and a woman presently employed by the same employer,

Article 119 of the Treaty of Rome which requires 'equal pay for

identical work' between the sexes confers a similar right to every

worker in the Common Market.

* Equality clause - By virtue of s1 (1) the equality clause is an

implied term in every contract of employment.

If Sharon is successful in her claim for equal pay, the equality

clause will be activated. This means that any term less favourable in

her contract than that of the comparators becomes as favourable and

any term not included in her contract that is Phil's contract will be

included. The effect is that Sharon's pay will rise and she will have

the same perk as Phil of the company car.

It is important to note here that the Act requires a term-by-term

comparison between the applicant and the comparator's contract of

employment. This issue came up in the case of Hayward v. Cammell Laird

Shipbuilders [1988]. Miss Hayward won her claim, but question arose as

to what she was entitled to. She claimed the same rate of basic pay as

her chosen comparator as a term of contract under the equality clause,

but her employers objected to this pointing out that though her basic

pay was less; other terms in her contract were actually more

favourable than her comparators, such as sick pay and more holiday

benefits. Thus, if the con...

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...e job calls for a man for reasons of physiology

(excluding strength or stamina) or, in dramatic performances or other

entertainment, for reasons of authenticity, so that the essential

nature of the job would be materially different if carried out by a

woman'. So it is lawful to insist that a model for women's clothes be

female, or that a Tarzanogram performer be male. Physical strength and

stamina are expressly excluded: employers may need people capable of

lifting heavy weights for a particular job, but they cannot assume

that only men will be able to do so.

Disability Discrimination

Under DDA s5 (1) an employer discriminates, if for a reason which

relates to a person's disability, he treats that person less

favourably than he would a person without a disability, and that

discrimination is not justified.