Social Media

What do you need to know about equal pay cases?

What do you need to know about equal pay cases?

Below is a summary of the issues that arose in three recent equal pay rulings. In an equal pay claim, a claimant must show that they did like work, work rated as equivalent, or work of equal value to their comparator (who must be of the opposite sex).

Can a woman claim equal pay with more than one comparator?

It is for the woman to select the man or men she wants to be compared with. She can also claim equal pay with more than one comparator. Her employer cannot influence the choice of comparator and the comparator does not have to give his consent to being named in the equal pay claim.

Can a claim for equal pay be brought in civil court?

They therefore brought their claims as breach of contract claims in the county court. A claim for equal pay is always a claim for breach of an employee’s contract, as modified by the statutory equality clause and that claim may be brought like any other contract claim in the civil courts.

What was the Supreme Court decision on equal pay?

The Supreme Court agreed the women could present their claims as a breach of contract claim and benefit from the six-year time limit. They were not abusing the court process and would have no other redress available if not permitted to proceed in the civil courts.

Can a claim for equal pay be heard in the county court?

This decision means that if the time limit for bringing a claim in the Tribunal has passed it may be possible for an equal pay claim to be heard in the ordinary courts (i.e. a County Court or the High Court) rather than the Employment Tribunal.

It is for the woman to select the man or men she wants to be compared with. She can also claim equal pay with more than one comparator. Her employer cannot influence the choice of comparator and the comparator does not have to give his consent to being named in the equal pay claim.

What happens at an Equal Employment Opportunity Commission hearing?

See 29 C.F.R. § 1614.109 (e). The agency shall arrange and pay for a verbatim transcript (provided in electronic format for the Administrative Judge and the complainant, unless otherwise requested) of the hearing proceedings pursuant to 29 C.F.R. § 1614.109 (h) regardless of whether the Administrative Judge issues a decision.

Why was the Equal Pay Act case sent back to trial court?

Instead, the appeals court sent the case back to the trial court for further proceedings based on the majority’s assessment of the application of the Equal Pay Act (EPA) to wages being paid by a state agency. The dissenting judge wrote a detailed and scholarly response to the majority’s opinion that bears some analysis.