Job Evaluation Good Practice Guide - The Civil Service

Annex 1Equal Pay Legislation – A SummaryThe law relating to sex discrimination in pay is contained in both EuropeanCommunity law and in UK statute. UK legislation is required to conform with EC law.The domestic legal framework for equal pay for work of equal value is provided bythe Equal Pay Act 1970 as amended by the Equal Pay (Amendment) Regulations1983, plus the relevant case law. The Act is given effect in the first instance throughemployment tribunals. Claims are generally taken under domestic law wherepossible, but in some circumstances claims may be referred to the European Court ofJustice.In essence, this legislation makes gender discrimination in pay and conditions ofservice unlawful. An employee in the United Kingdom is entitled to claim pay andconditions equal to that of an employee of the opposite sex, in the same employingorganisation, where:• the work that they do is the same, or broadly similar (known as ‘like work’); or• the work is rated as equivalent under a job evaluation scheme;or• the work is of ‘equal value’.Under the Equal Value Amendment to the Act, claims can be made where the work isof ‘equal value’ in terms of the demands made on the job under various headings(e.g. skills and decision making).If a claim for equal pay is made, employers may be called upon to explain and justifytheir pay practices. In general, employers will find it difficult to defend a case unlessthey use an analytical job evaluation scheme.Claims based on equal value can be brought, however, even if there are no jobevaluation arrangements in place in the organisation. In cases where an analyticaljob evaluation scheme is not being used by the employer, a tribunal can appoint anindependent expert to assess equality using an analytical job evaluationmethodology.10