What is it about?
Equal Pay as between the sexes is dealt with in a separate way from equal pay between other protected characteristics. This can be advantageous is some ways but also potentially disadvantageous. This article highlights some of the disadvantages, considers if there is any justification for them and suggests means to avoid them, including minor legislative change.
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Why is it important?
The difference in approach inherent in Equal Pay sex claims under the British Equality Act 2010 can close off recompenses or claims (e.g. constructive dismissal) which are available to other characteristics - but this, as shown, need not be the case.
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This page is a summary of: Equal Pay and the Equality Act 2010: An Accidental Paradox in Need of Change?, Liverpool Law Review, July 2023, Springer Science + Business Media,
DOI: 10.1007/s10991-023-09339-5.
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