5OS01 Specialist Employment Law Task 2: Managers Toolkit

Scenario 2

2.2 Legal Requirements in Relation to Defencing Equal Pay

In line with Benn (2020) findings, in line with the Equality Act 2010 provides women and men and right for equal pay and reviews. For instance, the case for ARL where an employee noted as being offered £30,000 as opposed to the £25,000 as opposed to others due to being of a different gender.

A good instance for the case law for supporting the equal pay and review is Gibson Versus Sheffield City Council 2010 passed upto the court of appeal level. In this regard, women were evidenced to upto 40% less pay in terms of the allocation in their job roles being reduced. The study findings sourced from court of appeal noted that an entity could play their role in an illegal manner to offer unequal remuneration through an engagement of employees equally.

In regard to equal pay review and aspect of gender reporting, this is a major issue which past research note that from 40 years in the past, they have the right of men and women having equal pay noted. The gender reporting or review is noted in GOV.UK (2022a) as being involved actively in executing similar job functions. By referencing on the pay review and gender pay reporting, the equal pay aspects to be prioritised are;

Basic pay offered
Overtime work remuneration and benefits
Hours of work in the entity
Agreement on pay reviews
Annual leave

For instance, in regard to ARL organisation, facilitating equal pay and review is a significant role in the entity. This is while the pay review aligned with performance-based remuneration with consistency in the pay structure noted. This is in line with the Equality Act 2010 legislation.

4.1 Major Statutory Rights Workers in relation to Pay

A summary of the major statutory rights which workers have in relation pay are as summarised in Table 2;

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