Calculation of part-timer's severance payment objectively justified

Article Abstract:

The British Court of Appeal ruled in Barry v. Midland Bank that calculating severance payments by reference to final pay, meaning that a part-time employee who was previously full-time did not have this service reflected in her severance payment, did not have a disproportionately adverse effect on women and was objectively justified if there was indirect discrimination. The form of the severance pay scheme was appropriate and reasonably necessary to achieve its aims, cushioning employees for the loss of employment and rewarding them for their loyalty.

Part-time employment, Part time employment, Severance pay

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Defences and remedies: Equal Pay, part 3

Article Abstract:

An employer accused of sexual discrimination under Equal Pay Act 1970 can claim a material factor defense under s.1(3) of the act by proving the probability that the difference in treatment was not influenced by gender. All the differences between the woman and her comparator including skill level and personal qualities can be used to establish differences. If the woman's claim of discrimination is established she is entitled to the declaration of an equality clause and a back pay of upto two years prior to her filing her claim.

Sex discrimination against women

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Unequal pay for equal work

Article Abstract:

A woman needs to prove that she is being paid less than her male comparator for same work or like work to make a prima facie case of unequal pay for equal work under section 1(2) of the Equal Pay Act 1970. The jobs of men and women should be evaluated by a objective and non-discriminatory job evaluation study as equivalent for it to be acceptable in a case. A tribunal can make a determination of whether the work of men and women are of equal value and an expert opinion may be used to make this determination.

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