One reason why the Equality Act 2010 (and Equal Pay Act 1970) has failed to eradicate inequality in the workplace can be highlighted through its complaints led process. Thus, Burton provides that an equal pay claim requires the employee to make a claim through a lengthy and costly process . In the case of Armstrong v Newcastle upon Tyn NHS Hospital Trust a complaint under the Equal Pay Act 1970 was made in 2001, but only reached the Court of Appeal in 2006 on a preliminary issue. Therefore, the complaints led process of the Equality Act 2010 would deter a potential claimant from making a claim as a risk of the costs and time and only to have their claim reach the court of appeal on a preliminary issue. Although, the Equality Act 2010 does …show more content…
This can be attributed to the rate of success before a tribunal. Thus, “In 2008–09, as many as 20,148 equal pay claims were disposed of by tribunals, but only 36 were successful before a tribunal: while a mere 20 out 20,100 were successful in 2009–10” . Therefore, these figures emphasise that a complaint led model has allowed some employers in the private sector to not have to fulfil their duties under the equality legislation, which is why countless women have been unable to receive their rightful pay. Consequently, causing inequality in the workplace. Although, following the decision of Briely and others v Asda Stores Ltd where the Employment Tribunal held that the claimants could use deport workers as comparators, even though the common terms had been negotiated in different ways for different terms, since this did not preclude there being a significant correlation in a broad way between the terms of the retail workers and depot workers. Employment Judge Ryan provides that “if a single employer were able to set up a different negotiating arrangement and rely upon that fact to maintain there were not common terms it creates a path to subvert the legislation” . Therefore, this case emphasises a potential issue for private employers as a result of the employment tribunal approach of whether terms and conditions have a common source, which may have a …show more content…
For instance, in the case Brieley and others v Asda Stores Ltd the claimants comprised of 7000 claimants. Therefore, the potential remedy would have a significant implication on the employer. Thus, Padely estimated that the total value of claims could exceed £100million . Therefore, if legislation, such as the Equality Act 2010 , already had a proactive system in place this would not only benefit the employees but it would also benefit employers from having such an avalanche of claims. Although, such a decision could have a positive effect on Job evaluation schemes that are undertaken by private employers – which would also have an impact on reducing the gender pay gap. However, in the case of Hartlepool BC v Llewellyn the employment tribunal held that if a claimant’s pay has been increased as a result of a successful equal pay claim, that individual may then be used as a comparator by another employee of the opposite sex whose pay has not yet been increased. Therefore, one successful claim could impact the whole workplace, and if the claim was so serious could result in the business having to
Throughout the world, discrimination in all forms has continued to be a constant struggle; whether it’s racial, gender based, religion, beliefs, appearance or anything that makes one person different from another, it’s an everyday occurrence. A major place that discrimination is occurring at is in the workplace. One of the largest problems discrimination issues is believed to be gender. Women, who have the same amount of experience as men are not getting paid at the same rate as men, these women also are equally trained and educated. According to the article Gender Pay, it was discovered in 2007 that a woman makes 81 cents for every dollar a man earns.(“Gender Pay”) . This shouldn’t be happening in today’s society for the fact the society lived in today is suppose to be more accepting. Men are viewed as being more popular, valuable and having higher powers than women. The Reason Discrimination is involved in the equal pay equal work is because of the significance it has to how some businesses pay their employees.
Marshall, Shelley, 2004. Enterprise Bargaining, Managerial Prerogative and the Protection of Workers Rights. An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 199, Vol.22(3), , p.299.
money. This is down to The Equal Pay Act 1970 but also comes into the
The Australian Human Rights Commission (2011:p1) states that “Gender equality is a principal that lies at the heart of a fair and productive society”. If gender equality is the heart of a fair and productive society than the laws and regulations in place must be the key in maintaining a fair and productive society. If regulations and laws are not frequently discussed, debated and reviewed than issues such as sex discrimination in particular can be sufficiently dealt with or ignored. The Carter v Linuki Pty t/as Aussie & Anor [2005] NSWADTAP 40 (22 August 2005) will be used to demonstrate the regulations surrounding sexual discrimination. In this paper a thoroughly investigation into the recent changes in laws and regulations encompassing sexual discrimination will be conducted in relation to the case provided. By using the elements of the case the Sex Discrimination Act 1984 (Cth) (SDA) will be applied to the facts presented in order to explain the regulation surrounding this issue. Since the case involves a work related situation where the employee was discriminated on the basis of gender the SDA will be used. A Brief description on the impact of exclusion will be provided to demonstrate the causal link between exclusion and gender discrimination. Firstly, the case’s elements will now be analysed.
The first legislation I am going to be talking about is the Pay Equity Act. The act was passed in order to restore sex-based wage discrimination in Ontario workplaces. The Equity Act applies to all public sector employees and private. In general the act identifies the rate of pay by comparing payment to female job classes with those paid to male job classes of similar value. In non-unionized workplaces, employers are having the freedom to review the Pay Equity Plan and make recommendations in order to change it. An example of the Pay Equity Act would be if you have a female and male both working as a swampier for an oil field company. They both have the same job responsibilities and work the same hours. If the boss of the company where to pay the male more because he was stronger and in general male and pay the women less that would be a violation. The women would have the right to contact Human Resources and file a complaint against her boss, and get the same rate of pay prior to the male. The Pay equity act in my opinion is important in the workplace because it creates equality and minimizes stereotypes against women in the workplace. You never want to be in a business or visit one that has an awkward atmosphere related to se...
In my experience I have not dealt with The Equal Pay Act nor, was I educated enough to be aware of the detail that this act is consisted of. I was working for a well know profitable bank which I will not name or maybe I should. The situation was, as a top employee, I had more responsibilities than the other employees. The business consisted of both female and male, the ratio was one out of eight were males, therefore the women were dominating in employees and in management. The majority of employees were handling regular customer service calls. I myself dealt with Small Business, Home Equity, Consumer Loans, and the Spanish service calls. I received the same pay as the other employees and was not able to advance into management with the recognition of the extra duties that I was performing.
Women have faced gender wage discrimination for decades. The gender pay gap is the difference between what a male and a female earns. It happens when a man and a woman standing next to each other doing the same job for the same number of hours get paid different salaries. On average, full-time working- women earn just “77 cents for every dollar a man earn.” When you compare a woman and a man doing the same job, “the pay gap narrows to 81 percent (81%)” (Rosin). Fifty-one years ago, in order to stop the gender gap discrimination, Congress enacted the Equal Pay Act of 1963. The act states that all women should receive “equal pay for equal work”. Unfortunately, even in 2014 the gender pay gap persists and even at the highest echelons of the corporate; therefore, the equal pay act is a failure.
This will give women the tools needed to argue for a higher pay rate, and will help lower the wage gap. If a female worker goes to her boss with statistical evidence that she earns less than her male associates, the chances that her boss will award her a higher salary significantly increase. The law will make it almost impossible for companies to pay their male workers more than their female workers (Glynn para. 7). Furthermore, a law requiring employees to share their salaries will bring to light other forms of wage discrimination.
Victoria. (2006). How Much of Remaining Gender Pay Gap is Result of Discrimination and How Much is Due to Individual Choices? International Journal of Urban Labour and Leaisure , 7 (2).
The Equal Pay Act (part of the Fair Labor Standards Act), forbids employers to compensate women differently for jobs that are “substantially equal”, that is, almost identical. Traditionally, women have worked in different occupations than men; these occupations tend to be substantially different, pay less and confer less authority.
Closing the wage gap between men and women is a continuing struggle today in nations all over the world. In many occupations, women are paid less overall than their male counterparts. One nation, however, is making strides to bring this disparity in wages into the light. British law will soon require large companies to publish information about the salaries paid to their male and female employees. While this is a great step forward in recognizing the gender pay gap, many women also face many other obstacles to getting equal pay, such as the “Mommy Tax” that reporter Ann Crittenden talks about in her piece of the same name (Kirk and Okazawa-Rey 337).
Women’s right to equal pay or gender pay gap has been a subject of discussion over the years in the united states, women perform similar jobs to men, but are paid
Every employee wants maximise their salaries and benefits based on particular skills and the rewards available in different employment. Most employees also want to continue their employment (ACCA F9). However, when sexual discrimination was happened in a company, there...
This involves measurements such as The Equal Pay Act of 1963 which required women to receive equal pay for the equal work they did as men, some people however have found this act to be a failure due to the unfair treatment towards women in the workplace still evident in this time.
One argument concludes that while there may be unequal pay in a said work place, the equal pay has nothing to do with gender. Kate O’Beirne, an author who addresses the feminist movement, says in her novel, “The claim that women face widespread wage discrimination is myth.” Instead, she argues that the idea is simply a tool used to boost the movement for feminists. She argues that since the Equal Pay Act of 1963, it is illegal for any businesses to not equally pay their women workers to their men workers if they are doing the same work. While this might be a valid point, it does not mean that businesses will not break the law to take the cheaper route. It was found in 2014 that women that were working full time were paid 79 percent of what men earned. The gender gap has progressed since the 1970s but has since slowed down. Progression does not mean resolution; the gap has not completely closed.