The legislation governing equal pay as between men and women is contained in the Equality Act 2010. Also relevant is the Equality and Human Rights Commission’s Code of Practice on equal pay.

Adherence to Codes of Practice can be taken into account by tribunals, who may draw adverse inferences about the employer in the event of evidence of non-compliance.

Equal pay is a longstanding and important piece of employment law. This topic looks at the rationale and background to the legislation in pay disparity and examines the important concepts of the right to equal pay, the meaning of “like work” and job comparisons and the need for an opposite sex comparator. The legal developments in equal pay law resulting from the many tribunal cases is covered in detail and defences to an equal pay claim are also considered.

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