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Sex Equality Clause


Lawdit Solicitors - Expert Author

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28 May 2012

Equal pay as straightforward as it may sound is a very complex area in employment law. It is governed by Chapter 3 of Part 5 of the Equality Act 2010 (EqA). Its main purpose is to deter employers from discriminating between men and women and most importantly it implies a 'sex equality clause' into contracts of employment.

'Sex Equality Clause'

Section 66(2) of the EqA defines a 'sex equality clause' in the following way:

'(1) If the terms of A's work do not (by whatever means) include a sex equality clause, they are to be treated as including one.

(2) A sex equality clause is a provision that has the following effect -

(a) If a term of A's is less favorable than a corresponding term of B's is to B, A's term is modified so as not to be less favorable;

(b) If A does not have a term which corresponds to a term of B's that benefits B, A's terms are modified so as to include such a term.'

The clause enables an employee to bring a claim where he or she has been treated less favorably than a comparable employee of the opposite sex with regards to a contractual term. For example, an employee could bring a claim if a comparable employee carrying out equal work was entitled to bonuses under the terms of his or her contract and the employee bringing the claim was not entitled to the same.

Aneela Akbar is a trainee solicitor and can be contacted at Lawdit is a commercial law firm based in Southampton with associate offices in London, Malaga and Rome.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2012-07-17 09:33:00 in Legal Articles

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