Gender pay audits merely identify equal pay problems, not solve them

Public sector claimants will be able to bring equal pay cases before the High Court, but private sector claimants still face obstacles, says Darren Newman

02 Nov 2012

To see the celebrations of the claimants in the case of Birmingham City Council v Abdullah and Ors [2012] UKSC 47 following last week’s Supreme Court decision, you would think that they had just won an equal pay case – but they haven’t. They have simply won the right to bring their claims in the High Court rather than the employment tribunal where they would be time-barred.

Equal pay works differently from discrimination. It isn’t based on a statutory tort, but on the statutory implication of an ‘equality clause’ into a contract of employment. Since the claim is ostensibly based on a breach of contract, it seems natural that the Equal Pay Act &n...

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