Equal Pay Quiz Questions

Quiz/Revision Flashcards of Equal Pay

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  • Created by: kayleigh
  • Created on: 18-04-18 14:46
What Act governs equal pay?
Part 5; Chapter 3 of the Equality Act 2010 which replaced the Equal Pay Act 1970
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What does s66 of the Equality Act 2010 state?
A sexual equality clause is automatically placed into an employment contract
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What terms are covered by the Sexual Equality clause?
Holiday Entitlement; Sick Pay; Overtime; Non-Monetary Benefits (Company Car etc)
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What are the 3 areas of comparison in an equal pay claim?
Like work; Work rated as equivalent; Work of equal value
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What is like work?
Work which is the same or broadly similar and any differences are of no practical importance
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What statute governs like work?
s65(2) & (3)
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What can be used to differentiate like work?
Additional duties; Different responsibility level; Different skills; Different qualifications
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What was decided in Capper Pass Ltd v Lawton?
It gave the courts a wide discretion when looking at if work is broadly similar
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What did Shield v Coomes (Holdings) decide?
This gave the courts a wide discretion when looking at the practical importance. If the different task in the role did not occur very often then it should be disregarded
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What did Dugdale v Kraft Foods Ltd decide?
You must look at the job which is done, not the time at which it is done
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What is work rated as equivalent?
Not like work, but a valid JES has rated her job as equivalent to a man in terms of demand (e.g. effort, skill & decision-making)
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What is a JES?
A job evaluation survey
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What is need to be a valid JES?
To be thorough; Encompass both the women's and her comparator's job; Take into account factors only connected with the requirements of the job
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What happened in Evesham v North Hertfordshire Health Authority?
A speech therapist compared herself to a child psychologist because of the demands of the role
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What must be considered when looking at work rated as equivalent?
Effort; Manual/Mental Content; Qualifications; Decision-Making
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What section governs work rated as equivalent?
s65(4)
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What is work of equal value?
Work that is neither like the comparators nor rated as equivalent, but nevertheless equal in terms of demands reference to factors such as effort, skill and decision-making
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Does JES rate the jobs for the test of work of equal value?
No
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Why have equal value claims been controversial?
Because there was always delays. The average case lasted 2 and a 1/2 years!
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Who is the comparator in an equal pay claim?
You do NOT have to identify the man by name at first, but will do eventually. The comparator must be someone in the same employment
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Does the employee's comparator have to work for the company at the same time?
No. It can be you PREDESSOR, but NOT you successor. This was seen in Levertons v Clwyd County Council & British Coal Corporation v Smith
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What section and case allows you to claim against you predessor?
s64(2) and the case of Macarthys v Smith
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What does Walton Centre for Neurology & Bewley state?
You can NOT claim against your successor
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What sections define the same employment or establishment?
s79(3)(a) & (b) and s79(4)(a) & (b)
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What happened in Brierley & Others v ASDA Stores Ltd?
7000 claimants claims against the distribution depot. They were working in a different job and in different places, but it was under the same establishment so the claim was allowed
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What are the 2 legal tests for the same establishment?
UK same employment test; EU single source of terms and conditions in the form of a 'single body' representative for any inequality and capable of restoring equal treatment
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What does City of Edinburgh Council v Wilkinson and Others decide?
Establishment is not restricted to a single physical location
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What did North v Dumfries & Galloway Council decide?
Establishment is not restricted to a single physical location
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What does s69 Equality Act 2010 show?
A claim will not succeed if the employer can show the difference in pay is genuinely due to a material factor which does not itself discriminate against her directly or indirectly
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Do you need a comparator for DIRECT discrimination
No, as shown under s71 Equality Act 2010
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What are the defences to direct discrimination?
There is none
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What section governs indirect discrimination?
s69(2)
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What are the defences to indirect discrimination?
Where it is shown to be a proportionate means of achieving a legitimate aim
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What are the justifiable factors?
Christie & OThers v John E Haith shows a requirement for male employees to lift heavy loads is justifiable. Other factors include: Geographical differences and unsocial hours
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What does Gibson & Ors v Sheffield County Council show?
The employer must act proportionally
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What does Redcar & Cleveland BC v Bainbridge and Others show?
The employer must act proportionally
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In defence to an equal pay claim, what must the employer prove?
It's the REAL reason for the difference & not a sham; It is causative of the difference in pay; It is material that is significant & relevant; It does not involve direct or indirect sex discrimination
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What happens if the reason for the difference in pay is tainted by sex?
Then a sexual discrimination case can be made
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What are damages if an equal pay claim is successful?
Arrears in pay or damages for the contravention of the Equality Clause
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What does s2(4) of the Equality Act 2010 show?
The claim must be brought within 6 months of the end of employment
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What does s2(5) of the Equality Act 2010 show?
The claim must be resolved within 2 years
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What does s132(4) of the Equality Act 2010 show?
Arrears can be paid up to 6 years
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What happens if the employer loses a claim?
They must conduct an audit to identify action to be taken to avoid breaches and they must publish the results under the Equality Act 2010 (Equal Pay Audits)
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Other cards in this set

Card 2

Front

What does s66 of the Equality Act 2010 state?

Back

A sexual equality clause is automatically placed into an employment contract

Card 3

Front

What terms are covered by the Sexual Equality clause?

Back

Preview of the front of card 3

Card 4

Front

What are the 3 areas of comparison in an equal pay claim?

Back

Preview of the front of card 4

Card 5

Front

What is like work?

Back

Preview of the front of card 5
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