Sex Discrimination & Equal Pay: Employment Tribunals Get New Powers

The Government has announced that it will soon be a requirement for employers who have lost sex discrimination cases to publish the results of an equal pay audit and make them available for all affected staff, under what will be called the Equality Act 2010 (Equal Pay Audits) Regulations 2014.

The new power for employment tribunals to order the completion of such audits is hoped to bring greater transparency to the way workers are paid and combat any unfair pay policies in the workplace.

It unfortunately still remains the case that, even with equal pay legislation having been in place for decades, claims are brought time and time again in employment tribunals across the country.  Employees can bring a successful claim whenever they can show that the wage they receive is less than a member of the opposite sex for performing work of equal value, unless the employer has had good reason to do so. For example, if the comparator has more experience or better qualifications than the claimant, the employer may well be able to objectively justify greater pay under such circumstances.

The new equal pay audit regulations are set to come into force from 1 October 2014, and is set to give Employment Tribunals complete discretion on all aspects of the audits, so that they can vary this depending on the company.  It is expected that financial penalties of up to £5,000 will be imposed for non-compliance.

Employers will only be able to escape this new duty in very rare and extreme cases where publication of an equal pay audit would mean a breach of a legal obligation.

Need Legal Advice on Sex Discrimination in Glasgow?

Glasgow Employment Law can advise employers and employees offer specialist legal advice in relation to all sex discrimination matters and equal pay issues. To speak to one of our expert employment solicitors based in Glasgow, please complete our online enquiry form. Alternatively, please call 0141 811 0224.