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Legal Terms - equal pay
According to the *Equality Act of 2010, men and women working in the same job shall get the same compensation for similar or equally valuable work. Employees are considered to be in the same employment if they work for the same employer or a related one and are employed by the same establishment (or if one works at an establishment that incorporates the other's). Additionally, the enterprises must be ones where employees of the relevant type or those in general adhere to the terms and conditions of employment. According to the Equal Pay Act of 1970 (as amended), "like work" is defined as work that is substantially similar, meaning that any distinctions between a man's and a woman's work are not practically significant (see also Capper Pass Ltd v Lawton [1976] IRLR 366 (EAT)). According to Eaton Ltd. v. Nuttall [1977] IRLR 71 (EAT), work is evaluated as equivalent when the employer has conducted a study to assess his employees' occupations in terms of the ability, effort, and responsibility needed of them, and the woman's job is awarded the same grade as the man's. An employment tribunal appoints an impartial expert to assess the two positions to determine if they are equally valuable if the employer does not have a job-evaluation plan.
Even though the nature of the work they do differs, women are entitled to equal pay when the employer's job-grading system or the expert's report acknowledges that their jobs are just as demanding as men's. It is possible to contest an employer's job-evaluation system on the grounds that it discriminates (Case C-237/85 Rummler v. Dato-Druck Gmbh [1986] ECR 2101). Also see gender wage gap and equality clause. The Enterprise and Regulatory Reform Act of 2013 permits the creation of regulations requiring an employment tribunal to mandate equal pay audits for employers who have been found to have violated the legislation. According to regulations, if an employer violates an equal pay audit order, an employment tribunal may compel them to pay a fine of up to £5,000. Publication of audit results is not mandatory for firms. A Statutory Code of Practice on Equal Pay, produced by the Equality and Human Rights Commission, may be used as evidence in any trial.
According to the *Equality Act of 2010, men and women working in the same job shall get the same compensation for similar or equally valuable work. Employees are considered to be in the same employment if they work for the same employer or a related one and are employed by the same establishment (or if one works at an establishment that incorporates the other's). Additionally, the enterprises must be ones where employees of the relevant type or those in general adhere to the terms and conditions of employment. According to the Equal Pay Act of 1970 (as amended), "like work" is defined as work that is substantially similar, meaning that any distinctions between a man's and a woman's work are not practically significant (see also Capper Pass Ltd v Lawton [1976] IRLR 366 (EAT)). According to Eaton Ltd. v. Nuttall [1977] IRLR 71 (EAT), work is evaluated as equivalent when the employer has conducted a study to assess his employees' occupations in terms of the ability, effort, and responsibility needed of them, and the woman's job is awarded the same grade as the man's. An employment tribunal appoints an impartial expert to assess the two positions to determine if they are equally valuable if the employer does not have a job-evaluation plan.
Even though the nature of the work they do differs, women are entitled to equal pay when the employer's job-grading system or the expert's report acknowledges that their jobs are just as demanding as men's. It is possible to contest an employer's job-evaluation system on the grounds that it discriminates (Case C-237/85 Rummler v. Dato-Druck Gmbh [1986] ECR 2101). Also see gender wage gap and equality clause. The Enterprise and Regulatory Reform Act of 2013 permits the creation of regulations requiring an employment tribunal to mandate equal pay audits for employers who have been found to have violated the legislation. According to regulations, if an employer violates an equal pay audit order, an employment tribunal may compel them to pay a fine of up to £5,000. Publication of audit results is not mandatory for firms. A Statutory Code of Practice on Equal Pay, produced by the Equality and Human Rights Commission, may be used as evidence in any trial.
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Legal Terms - equal treatment
The European Union's treaties stipulate that citizens of one EU state who relocate to another must be treated according to the same standards as those of the state they are working in. There must be *free movement of labor among EU member states and no discrimination with regard to wages, social security, or tax breaks. Also see equal pay.
The European Union's treaties stipulate that citizens of one EU state who relocate to another must be treated according to the same standards as those of the state they are working in. There must be *free movement of labor among EU member states and no discrimination with regard to wages, social security, or tax breaks. Also see equal pay.
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Legal Terms - The Equal Opportunities Commission (EOC)
It is a body created by the Sex Discrimination Acts of 1975 and 1986 with the goals of promoting equality of opportunity for men and women, eradicating discrimination based on marital status or sex, and monitoring the implementation of the Acts and the Equal Pay Act of 1970. The EOC's operations have been incorporated into the *Equality and Human Rights Act since October 2007.
It is a body created by the Sex Discrimination Acts of 1975 and 1986 with the goals of promoting equality of opportunity for men and women, eradicating discrimination based on marital status or sex, and monitoring the implementation of the Acts and the Equal Pay Act of 1970. The EOC's operations have been incorporated into the *Equality and Human Rights Act since October 2007.
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Legal Terms - equality clause
A provision in a *contract of employment that states that the terms of a woman's contract, including but not limited to compensation, must put her in no less advantageous position than a man if she is employed on similar work to that of a man in the same employment or on work rated as equivalent or of equal value to his. According to the Equality Act of 2010, a contract that does not contain such a clause (either directly or through a collective agreement) is deemed to contain one; for more information on the application and limitations of the aforementioned clauses, see Hayward v. Camell Laird Shipbuilders Limited (No 2) [1988] IRLR 257 (HL) and Degnan and others v. Redcar & Cleveland Borough Council [2005] EWCA Civ 726.
A provision in a *contract of employment that states that the terms of a woman's contract, including but not limited to compensation, must put her in no less advantageous position than a man if she is employed on similar work to that of a man in the same employment or on work rated as equivalent or of equal value to his. According to the Equality Act of 2010, a contract that does not contain such a clause (either directly or through a collective agreement) is deemed to contain one; for more information on the application and limitations of the aforementioned clauses, see Hayward v. Camell Laird Shipbuilders Limited (No 2) [1988] IRLR 257 (HL) and Degnan and others v. Redcar & Cleveland Borough Council [2005] EWCA Civ 726.
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Legal Terms – Equality Duty
Public bodies (such as local councils) are required by the *Equality Act 2010 to give certain issues careful consideration when performing their duties. These include: (1) putting an end to behavior that the Act forbids; (2) promoting equality of opportunity between individuals who possess a "protected characteristic" and those who do not; and (3) cultivating positive relationships between those who possess a protected characteristic and those who do not. The equality responsibility now applies to all of the Act's protected characteristics, with the exception of marriage and civil partnerships, which are exempt from the second and third items. Previously, it only applied to race, disability, and sex. Regulations may impose particular obligations on public organizations in addition to the general responsibility. People do not have the right to sue the public body for not fulfilling their obligation. The *Equality and Human Rights Commission is in charge of enforcement. However, an individual or group may enforce the responsibility through *judicial review (R (Williams) v Surrey County Council [2012] EWHC 867 (QB)). [From Latin: aequitas est quasi aequalitas, equity is as it were equality]
Public bodies (such as local councils) are required by the *Equality Act 2010 to give certain issues careful consideration when performing their duties. These include: (1) putting an end to behavior that the Act forbids; (2) promoting equality of opportunity between individuals who possess a "protected characteristic" and those who do not; and (3) cultivating positive relationships between those who possess a protected characteristic and those who do not. The equality responsibility now applies to all of the Act's protected characteristics, with the exception of marriage and civil partnerships, which are exempt from the second and third items. Previously, it only applied to race, disability, and sex. Regulations may impose particular obligations on public organizations in addition to the general responsibility. People do not have the right to sue the public body for not fulfilling their obligation. The *Equality and Human Rights Commission is in charge of enforcement. However, an individual or group may enforce the responsibility through *judicial review (R (Williams) v Surrey County Council [2012] EWHC 867 (QB)). [From Latin: aequitas est quasi aequalitas, equity is as it were equality]
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Legal Terms - Equity is equality
A *maximum of equity that stipulates that individuals who are entitled to property must divide it equally if there are no other grounds for doing so.
A *maximum of equity that stipulates that individuals who are entitled to property must divide it equally if there are no other grounds for doing so.
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Legal Terms - equality of arms
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
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Legal Terms – Environmental Taxes
The UK government claims that three taxes are intended to incentivize companies to conduct their operations in a more ecologically responsible manner. The first is the aggregates levy, which is levied on the commercial mining of rock, gravel, and sand (Finance Act 2001 ss 16–49); the second is the climate change levy, which is levied on the supply of coal, coke, gas, and electricity, all of which are thought to contribute to global warming (Finance Act 2000 sch 6); and the third is the landfill tax, which is levied on the commercial disposal of waste (Finance Act 1996 ss 39–71).
The UK government claims that three taxes are intended to incentivize companies to conduct their operations in a more ecologically responsible manner. The first is the aggregates levy, which is levied on the commercial mining of rock, gravel, and sand (Finance Act 2001 ss 16–49); the second is the climate change levy, which is levied on the supply of coal, coke, gas, and electricity, all of which are thought to contribute to global warming (Finance Act 2000 sch 6); and the third is the landfill tax, which is levied on the commercial disposal of waste (Finance Act 1996 ss 39–71).
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Legal Terms - Equality Act 2010
An Act that unifies, harmonizes, and expands the entire set of laws enacted to prohibit different forms of *discrimination. Age, handicap, *gender reassignment, marriage and civil partnerships, pregnancy and motherhood, race, religion or belief, sex, and sexual orientation are among the nine protected factors listed in the Equality Act that may serve as the foundation for illegal discrimination. The Act does this by repealing and replacing all previous laws pertaining to these topics. In addition to employment, the Act also extends to transportation, education, and the supply of products and services. Direct and indirect discrimination are both possible (see indirect discrimination). It can result from a person's association with someone who possesses a protected characteristic (for instance, when someone is treated less favorably because their child is disabled) or from an incorrect assumption that someone has a protected characteristic (for instance, treating someone less favorably because they are thought to be gay).
The Act also addresses harassment and victimization. Employers are prohibited from victimizing or discriminating against candidates or staff members based on any of the protected traits. Additionally, harassing job candidates or workers is illegal. Pregnancy and maternity discrimination, as well as discrimination that occurs when an employer does not provide a disabled employee with *reasonable accommodations, are covered by special regulations. Decisions about who to hire and under what conditions, access to training, promotions, and other rewards, as well as termination or any other negative outcome, can all be considered forms of discrimination in the workplace. The clauses pertaining to *equal pay (referred to as "equality of terms" in the Act) address sex discrimination in compensation. The Act also renders unenforceable any employment agreements that forbid employees from telling others how much they make or that attempt to stop employees from questioning coworkers about their salaries in order to determine whether a pay disparity is related to a protected trait (for instance, sex; see gender pay gap).
When one of several equally qualified applicants is a member of a group identified by one or more of the protected characteristics and is known or believed to be socially or economically disadvantaged or the target of discrimination, employers may, but are not required to, take positive action under the Act. Positive discrimination, which is still illegal, is not the same as this kind of positive activity. In the context of employment, there are several exceptions, such as when possessing one of the protected traits is a legitimate occupational necessity and can be supported as a proportionate way to accomplish a legitimate goal (e.g., hiring a female carer to provide care for a female patient). Additionally, there are particular exceptions that apply in the cases of age and religion or belief. With the exception of marriage and civil partnerships, the Act extends the public sector's obligation to provide equality to all protected characteristics. People who are subjected to discrimination under the Act may file a complaint in the courts for issues pertaining to the supply of goods and services or in the *employment tribunal for issues pertaining to employment. Additionally, the *Equality and Human Rights Commission has enforcement authority. Over the years, European statutes and case law have had a significant impact on the area. Although socioeconomic discrimination (based on class, money, or wealth) is not illegal under the Equality Act, it may infringe Article 14 of the *European Convention on Human Rights or amount to indirect discrimination based on one of the nine protected characteristics.
An Act that unifies, harmonizes, and expands the entire set of laws enacted to prohibit different forms of *discrimination. Age, handicap, *gender reassignment, marriage and civil partnerships, pregnancy and motherhood, race, religion or belief, sex, and sexual orientation are among the nine protected factors listed in the Equality Act that may serve as the foundation for illegal discrimination. The Act does this by repealing and replacing all previous laws pertaining to these topics. In addition to employment, the Act also extends to transportation, education, and the supply of products and services. Direct and indirect discrimination are both possible (see indirect discrimination). It can result from a person's association with someone who possesses a protected characteristic (for instance, when someone is treated less favorably because their child is disabled) or from an incorrect assumption that someone has a protected characteristic (for instance, treating someone less favorably because they are thought to be gay).
The Act also addresses harassment and victimization. Employers are prohibited from victimizing or discriminating against candidates or staff members based on any of the protected traits. Additionally, harassing job candidates or workers is illegal. Pregnancy and maternity discrimination, as well as discrimination that occurs when an employer does not provide a disabled employee with *reasonable accommodations, are covered by special regulations. Decisions about who to hire and under what conditions, access to training, promotions, and other rewards, as well as termination or any other negative outcome, can all be considered forms of discrimination in the workplace. The clauses pertaining to *equal pay (referred to as "equality of terms" in the Act) address sex discrimination in compensation. The Act also renders unenforceable any employment agreements that forbid employees from telling others how much they make or that attempt to stop employees from questioning coworkers about their salaries in order to determine whether a pay disparity is related to a protected trait (for instance, sex; see gender pay gap).
When one of several equally qualified applicants is a member of a group identified by one or more of the protected characteristics and is known or believed to be socially or economically disadvantaged or the target of discrimination, employers may, but are not required to, take positive action under the Act. Positive discrimination, which is still illegal, is not the same as this kind of positive activity. In the context of employment, there are several exceptions, such as when possessing one of the protected traits is a legitimate occupational necessity and can be supported as a proportionate way to accomplish a legitimate goal (e.g., hiring a female carer to provide care for a female patient). Additionally, there are particular exceptions that apply in the cases of age and religion or belief. With the exception of marriage and civil partnerships, the Act extends the public sector's obligation to provide equality to all protected characteristics. People who are subjected to discrimination under the Act may file a complaint in the courts for issues pertaining to the supply of goods and services or in the *employment tribunal for issues pertaining to employment. Additionally, the *Equality and Human Rights Commission has enforcement authority. Over the years, European statutes and case law have had a significant impact on the area. Although socioeconomic discrimination (based on class, money, or wealth) is not illegal under the Equality Act, it may infringe Article 14 of the *European Convention on Human Rights or amount to indirect discrimination based on one of the nine protected characteristics.
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Legal Terms - The Equality Act 2006
created the Equality and Human Rights Commission (EHRC), a non-departmental public organization. Although it is independent of the government, it is responsible for its public monies. The Commission assumes responsibility for equality in the areas of age, sexual orientation, and religion or belief, combining the work of three former independent bodies: the Disability Rights Commission, the Equal Opportunities Commission, and the Commission for Racial Equality. In addition to protecting, enforcing, and promoting equality across the nine "protected characteristics"—age, disability, gender, race, religion and belief, pregnancy and maternity, marriage and civil partnerships, sexual orientation, and gender reassignment—the Commission's mandate includes monitoring and advancing human rights. Investigations into general equality issues (such as sex discrimination in the financial sector) and evaluations of public bodies' adherence to the public sector equality responsibility are among its enforcement capabilities. In fact, the EHRC is authorized by the Equality Act 2006 to initiate judicial review procedures against public bodies in accordance with the *Human Rights Act. Because the EHRC does not need that one be an alleged *victim of a human rights violation in order to take action, this is an especially potent instrument.
created the Equality and Human Rights Commission (EHRC), a non-departmental public organization. Although it is independent of the government, it is responsible for its public monies. The Commission assumes responsibility for equality in the areas of age, sexual orientation, and religion or belief, combining the work of three former independent bodies: the Disability Rights Commission, the Equal Opportunities Commission, and the Commission for Racial Equality. In addition to protecting, enforcing, and promoting equality across the nine "protected characteristics"—age, disability, gender, race, religion and belief, pregnancy and maternity, marriage and civil partnerships, sexual orientation, and gender reassignment—the Commission's mandate includes monitoring and advancing human rights. Investigations into general equality issues (such as sex discrimination in the financial sector) and evaluations of public bodies' adherence to the public sector equality responsibility are among its enforcement capabilities. In fact, the EHRC is authorized by the Equality Act 2006 to initiate judicial review procedures against public bodies in accordance with the *Human Rights Act. Because the EHRC does not need that one be an alleged *victim of a human rights violation in order to take action, this is an especially potent instrument.
