Discrimination in Employment Essay - 1803 Words

Discrimination in Employment Equal Pay Act passed in 1970. This implemented the European principle of Equal pay contained in Treaty of Rome Article 119 (now 141) and sets out a broad definition of pay. Although the EPA is limited in application in that the comparison is between a man and a woman presently employed by the same employer, Article 119 of the Treaty of Rome which requires equal pay for identical work between the sexes confers a similar right to every worker in the Common Market. * Equality clause - By virtue of s1 (1) the equality clause is an implied term in every contract of employment. If Sharon is successful in her claim for equal pay, the equality clause†¦show more content†¦The Court of Appeal opted for the package approach, but the House of Lords held that by way of s1 (2) the contracts should be examined term-by-term. * Male comparator The EPA is based on comparison with a named comparator. The applicant is free to choose her male comparator as in Ainsworth v. Glass Tubes and components Ltd [1977], but it may not be a hypothetical male (Defrenne v. SABENA [1976]). It was established by the European Court in McCarthy v. Smith [1981] that the applicant could compare herself with a predecessor under Article 119. Under s1 (6) the applicants male comparator must be: (a) Employed by her employer or an associated employer and; (b) Employed at the same establishment or; (c) Employed at a different establishment in Great Britain and common terms and conditions are observed for that class of employee. Phil is a valid male comparator for Sharon as they are both shift managers employed by the same work. * Sharons route to equal pay claim There are three ways to claim equal pay: like work, work rated equivalent and work of equal value. The route of equal pay that Sharon should claim under is like work, defined in s1 (4) as work of the same or a broadly similar nature. 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