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

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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