Employers have to off the same treatment to both women and men in regards to their terms and conditions of employment if they:
- Employed to carry out ‘like work’ – activities that are broadly the same
- Employed to do carry out work that is equivalent this is under the equivalent study
- Employed to carry out work that is regarded to be the same skill, effort and hold the same decision making responsibilities
Employees are in their right to compare their terms and conditions with a comparable contract. A comparable contract is a person of a different sex who is employed by the same organisation doing work of equal worth. It is possible for an employer to defend their case if they can show genuine reason for any difference and is not based solely on their sex.
In addition to this employees are in the right to find out how their wage is put together e.g. is there a bonus scheme present, if so everyone should be aware how they can earn a bonus and be aware of its calculation.
The Equality Act 2010 confirms that employees are in their right to request for employees pay to be kept confidential from anyone outside of the organisation.
Identifiable terms and conditions can cover a wide spectrum including:
- Overtime rates
- Basic pay
- Performance related bonus
- Annual leave entitlements
- Pension scheme
- Non monetary terms
- Hours of work
If an employee believes that their pay is not in comparison to someone else of an equal role they can request further information to help them identify why there is a difference.
If it cannot be resolved on an informal basis or via a grievance procedure then an employee can take the dispute to an employment tribunal under the Equality Act 2010 while working in their job or for up to six months following termination of employment.