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Equal Pay Act
Impact of the equal pay act on organisations: Why are women still earning less than men?
In order to understand a subject such as sex discrimination, one has to have a good idea of the psychology behind it. In view of this, it is worth understanding why men or women act in particular ways. This is the psychological aspect of the problem of discrimination. In addition to this, there is also the social aspect. This may or may not be related to the psychological aspect. However, it is certainly worth giving this due consideration because it plays a major role in this subject and directly influences the way that men and women are treated in organizations.
Aside from the generalization of the psychological and sociological aspects in studying sexual discrimination and denial of equal wages, it is also important to consider the economy of a region, the labour force, the level of education, which gender tends to be more educated or experienced in their relative fields, ability to sustain their efforts for the benefit of an organization, etc. These are all points of consideration for employers, as it directly impacts their organizational gain. In other words, much of the discrimination one witnesses are directly related to the economic factor, productivity. Employers also have views such as a worker of a particular gender affecting the working atmosphere where another gender is dominant; they believe that it is likely for one person to de-motivate others, and disrupt productivity.
In addition to this consideration that directly related to the economic factor again, there are also gang-like attitudes in which people believe that only their kind are fit for a particular trade. This is also one of the most common reasons for discrimination. Individuals already working for an organization believe that they are most suitable for the job, and letting any other gender in would not be fit .Employers as well as employees may take on this stance. Observing several aspects of sexual discrimination, as briefly described above,helps to expose what the root of the problem is, and can also present the impact of such discrimination.
In view of the sexual discrimination that takes place in several organizations, the impact of the Equal Pay Act needs to be taken into consideration. The Act was implemented to prevent individuals from being denied equal pay based on their gender.In order to understand what the impact of this act, a wide range of views need to be included. In this way bias will be avoided, and clearer picture will come to light. The manner in which women suffer today with unequal pay can also be explained through a wide range of views, and it will be determined how women have suffered, and why they continue to suffer.
In view of all the literature that can be studied regarding the equal playact and the reason why women are still underpaid, it can be said that it is difficult to encompass all areas thoroughly. This is because the views are many, and there is no real way of measuring them individual for authenticity. However, comments and other studies can be summed upland matched. This would help to present a picture that is valid enough and determine what the impact of the Equal Pay Act is and why women are still being underpaid.
A struggle between the sexes has existed for a very long time, and takes the different forms. Through the ages that man has evolved, he has dominated women, and this has increasingly been observed as an injustice. Many have revolted against this injustice today, and yesteryears have even seen women and their supporters produce revolutionary literature. In contemporary times, the same thing occurs,and it has greater support now as women are not afraid as they once were. However, in spite of them not being afraid there are several obstacles. Women are not seen as equals; men are given priority when it comes to giving someone a job.
Even if a woman is given a job, the pay is usually not as much as what a man is given. Though this is not always the case, it is certainly claimed that it happens often enough for women and their supporters to be concerned. In this post-modern age, at least such injustice should not occur if it does, and women feel that by now their conditions for working should be just and equal to men. They assert that they have equal rights, and that they work just as hard as men do in order to get the positions they earn themselves. A person’s sex/gender should not have anything to do with how a person is paid; it is their work performance that has to be taken into consideration, nothing more and nothing less. This view does not stand alone, as there are laws that back it up as well. The Equal Pay act is one that stands for justice regarding the pay of men and women.It is supposed to ensure that all individuals regardless of their sex should be paid according to the work they produce.
However, in spite of the Equal Pay Act women have still been paid less tan men. In addition to being paid less, they also feel that they have largely not been given their rights. These rights include leave for example. They are women, and they the right to have children; for this they need to go on leave for health reasons. Many women are not paid when they are pregnant and need time off from work. This is considered to be complete lack of consideration. In view of this situation being the case with many women one might think that there is little that the Equal Pay Act has done. Certainly the Equal Pay Act in accordance with what it is supposed to do would not be to fight for rights such as maternity leave. However, its amendments could be extended in these directions .
This is not to say that the Act does not encompass peripheral issues; it actually does take into consideration issues attached to Equal pay, such as reduced working hours that are often refused by some Organizations. At present there are particular cases going on in relation to such disputes, and it is apt to mention here that the Equal Pay Act plays a dominant role here. It must also ere-stated that the Equal Pay Act enables pleas to be brought forward,as without this act women would not be able to bring forward their claims. However, in this regard, tribunals have to be aware of the loopholes involved and careful judgment has to be passed in order to make the Equal Pay Act a success.
The Equal Pay Act has in fact been successful in at least helping women bring claims before tribunals. Therefore, it is the tribunals and the strength of the case itself that determines the impact and success of the Equal Pay Act . In addition to this, there are other factors that come into play. These may include the strength of the defence against acclaim. In view of the Equal pay Act,there are certain specifics that need to be considered, and on the basis of these one can determine how strong a claim or defence is.
Observing the lines within which s defence factor must fall, it can be determined how constraining the Equal Pay Act is. The reason why the equal Pay Act may be judged according to the constraints and limitations it puts on a defence is because these limitations tend to restrict the number of loopholes a defence may use. This does not mean that the Equal Pay Act is flawless, but it does mean that it has foundation on which it operates in vital areas. This foundation can easily be made use in time to come so that methods of getting to the truth may be ameliorated.
In studying the impact of the Equal pay Act and the reason why women are still earning less than men, there is a great deal to be considered. Firstly, it is the history of the struggle that needs to be considered., the situations in which men and women have worked in, those who gain from the situation, those who get to decide a man or woman’sate, etc. These are all important points for consideration, and along with considering them if one takes up any case or claim for justice in the light of what the Equal Pay Act says, a picture is pained. It is this picture that one has to make sense of and then decide whether the claim is genuine enough or whether it is false. Regardless of the truth, it must be asserted that the impact of the Equal Pay Act is that it has encouraged people to bring forward their claims.
There have been several claims presented over the years since the enactment of the Equal pay Act. This in itself helps one to understand the amount of injustice taking place or at least give one some idea of it. Considering the level of possible injustice done to claimants, it must be asserted that the paper will help to expose the way that the equal Pay Act functions with regard to determining the acceptance of acclaim. and the defence put up against it. In exposing and understanding these portions of the Equal Pay Act help to determine its effects and then also explain why women are still being underpaid. Evidence provided is qualitative.
However, there is a degree of a quantitative approach, which is required to reveal approximately what differences there are between men and women being paid. The data collected is carefully considered, and takes into consideration the relevance of the equal Pay Act, the relevant case under discussion (Nelson visceral), and other cases that are relevant to denial of pay and equal pay.
In addition to this, benefits are also exposed in this way. An example of this is demonstrated in one of the side example of women being treated unjustly in the case of British Airways. This has a great de alto do with the Equal Pay Act, as earnings are denied in relation to time when an individual is kept away from duty, owing to not considering an application of reduced hours of work. This example certainly helps one to understand why women are underpaid, and why there are several women that are compelled to give up their professionals, and hence lose their pay.
In studying the impact of the Equal Pay Act and the reason why women are still being underpaid as compared to men, a particular case may be reviewed along side pertinent comments on the general situation. The case would have to be one that is recent and one that is completely related to women being under paid. The case being studied would help reveal the condition of one particular woman in order to give one general idea of the situation.
With the case study and the literature review of pertinent points made by other researchers, the paper will establish what the current situation is. However, it will be limited in the sense that it will not be encompassing the wide range of problems that women face along with being underpaid. The study will not take other experiences into consideration, as it will only lean towards one particular case.
However, references will be made to important and relevant cases that pertain to the main focus. It must be remembered throughout the process that the main aim is to expose the effects of the Equal Pay Act and the reason why women are still underpaid. Careful analysis and discussion of particular areas in the Equal Pay Act is important, and these are applied to one particular case that is of central focus.
The Equal Pay act was brought into place in order to help curtail inequalities in pay. Prior to its enactment, it must be asserted that unequal pay was common and people could do little about it legally speaking. Since the beginning when industries were established, women were always paid less; they were seen as an inferior workforce or are serve workforce. Prior to the rise of mechanization, women were also treated the same way, as they were supposed to be at home while the men earned. When mechanization took place, the same thing continued. After that, in the modern world, women were still treated the same way, and only if the male workers in their families were not able to earn they took to handling regular jobs.
However, they were still under paid, and had to handle their regular jobs as well as child rearing and other maternal chores. Though, to an extent, the same thing takes place today it is not as bad.
Aside from women taking regular jobs when their husbands and other male-folk could not, they were to do so when there was a lack of male workers. This usually was the case when a country was at war. It was obvious at these times that men needed women to handle things at homeland also in the society in general when they were out battling. Women manufactured much of the equipment for battles. Surely, there should be some credit given to them for their efforts over the years and through important battles. Women however have never been credit for their efforts in this regard, and they continue to suffer in this way and many others. At the least they could be economically compensated or even paid in accordance with their efforts.
It is clear that many women are not compensated the way that they should be for various reasons. It must be asserted at this point that women are in fact just as skilled as men are in their professions, but for some reason or the other they are not paid justly and considerations not given to them for their efforts. Of course, there are also many organizations that do demonstrate equality in pay and opportunity, but it is the significant number of similar problems observed with several other organizations that is alarming. The Equal Pay Act was established in order to deal with such organization that breached a very ethical code. Certainly one should not deprive a person of his or her well-deserved earnings because of his or her sex. In very plain term sit is unethical.
Important Points of the Equal Pay Act:
Some of the points listed below have been abstracted from the Equal PlaYact in order to demonstrate how it encompasses employees. Generally these provisions should encompass most employees. Other employees might come under the protection of the Equal Pay Act through clauses in the document.
“Employees can bring an equal pay claim at any time during the course of their employment.”
“Ex-employees may bring a claim under the EPA provided they do so within six months of the termination of their employment”
“The EpA also covers the self-employed, including independent contractors and home workers.”
“Crown employees (i.e. employees in the civil and public service) are protected by the EpA Their employment is treated as private employment for the purposes of the Act.”
“An individual placed by an employment agency to work for another person is protected by the EpA”.
“The EpA applies to individuals serving in the armed services”
“Those employed at establishments outside Great Britain are excluded from the EpA”
The points above are general and can indeed encompass several cases. Reflecting this openness of the Act is the fact that there are many cases processed on its basis. Under the Equal Pay Act,there have been cases ranging from denial of proper pay to denial of on-leave pay. The latter is an important issue to be considered. Indeed many women are not compensated in large firms when they go on maternity leave. This is a complete injustice because of the fact that they are the ones holding some important posts and they also have to raise foamily.
If women are to be granted their rights as equals things should be made easier on them. This issue is one that has many women quitting important posts in order to have a family. Some of them say that they have to end up quitting important and well paying jobs even though they only need leave for a short time. In other words they have to give good posts that they may not get back just because of a limited period during which they simply cannot attend work.
In addition maternity leave being an issue that is encompassed by the equal Pay Act, there are other problems. These problems are considerate of the causes of unequal pay or even denial of pay that has just been mentioned in the denial of pay during maternity leave. Many organizations that may even have women on its main panel, feel that women are not as productive as men are when it comes to boosting organizational output. Naturally, any organization looks for its maximum benefit, and so, if they have more men working for them, they feel confident that men won’t need leave for things such as maternity. Though paternity is also becoming an issue, it is not as significant as female maternity leave.
Aside from this area in which discrimination takes place, there are others. Some people are simply against a female environment; they have that include believing that women tend to waste time over unimportant matters. They also might believe that men are more productive because they do not waste time. For women, dressing well and looking great is important generally, but many believe that a man might care as much,and have his mind on his job rather than making sure his hair is in place through out the day.
In addition to this, many believe that women tend to spend more time talking than men do; it is believed that women tend to talk more and lose time for work. Undoubtedly, women may like to socialize more especially when there are more women around, but that does not mean that it demeans their professional approach to work. Another view presented in consideration of this is the fact that women are used for these purposes (being friendly and courteous) in organizations; women are believed to make better receptionists or sales representatives because many have very natures and greet one with a smile. However,this does not mean that men cannot get such jobs and be paid equally.
In addition to these views, there are some managers that believe that women are inferior to men; they believe that it has always been that way and would probably always continue this way. They believe that such an inequality is meant to be, and that women should not try to step out of the roles that are meant for them. Quite obviously, this is a very limiting view, and if prevalent, would have most women sitting at home. However, since this cannot be done, women are employed but paid less for the so-believed inferior work.
Aside from these beliefs, it must be asserted that there are also views regarding their capability for social reasons. Many do not feel that women are practical as men are. They believe that they are more cut out for in-house jobs and the like and not field jobs. This is discrimination that is encompassed by the Equal Pay Act because it boils down to denial of pay; being denied a job means that one is being denied pay. However, tribunals tend to turn these claims down, as the person does not commence employment under contract. So, such complaint can be taken to court under other laws that would deal with the matter appropriately.
Nelson v Carillon:
Under the tribunal set in place for deciding claims of unequal pay,there are particular technical matters that come into play. First of all, there is need for the one who brings the claim before the tribunal to have adequate proof. This is of course is the most logical course to take because without any evidence there is nothing that can be done. Without evidence a claim is simply an argument. Sometimes in cases,such as Nelson v Carillon Services Limited , where there is evidence presented it may not be considered substantial enough to make a claim .Sometimes genuine claims may even be turned down, leaving the Equal PlaYact standing naked and having no real significance. Hence, it is difficult to make the Equal Pay Act justly, as a lot depends on the people in charge of handling a claim.
According to Ms Nelson in Nelson v Carillon Services Limited, she was being treated unfairly, and in plain terms there was something wrong somewhere. She believed the basis of this injustice was the fact that she was a woman; another man of the same ranking was being paid more than her, and on the whole in her department, men were being paid more.The case was more complicated because some of these employees that we repaid more were under the protection of a transferee program called TUPE. In view of this, they were almost totally safeguarded.
Basically,she lost her claim because of this program, which was in fact an injustice. It can be called an injustice because of the fact that the stewards working in the same department as her were more protected by TUPE; indeed 80% of them were protected by TUPE whereas 66.66% of women were protected. Why was there a significant difference? Should not have these statistics caused some alarm? At the very least they should have been pursued or further enquiry could have been made. Instead, the case stopped short, and a decision was made in favour of Carillon
Quite obviously, it can be observed here that the Equal Pay Act did nothing to stop a woman from being denied of her due income. However,because the organization had substantial proof in their favour (TUPE)there was nothing she could do. However, still there remains the issue of the statistics at hand; these should have been reason for consideration, but they were overlooked. So, one might even assert that even in this regard, under the Equal Pay Act, nothing has been done. In other words, the Equal Pay Act has failed. Though it may have its clauses that have a wide range of consideration, it must be asserted that there definitely needs to be some extension. This refers to investigative or monitoring measures. It appears that there are organizations that can so easily get away and overturn claims under lame excuses of programs being implemented and coincidental factors.
The tribunals, when in doubt, would have to give such excuses hearing, and more often than not they are known to turn down a claim.The point to emphasize on here is that along with the Equal Pay Act coming into effect, organizations have also become smart; they and their lawyers have learned what the Equal Pay Act is about and they know the loop holes well enough . By having a clear understanding of where they can get away and where they cannot, they form a line modernise. Indeed, the TUPE is an example, and the low number of employees too in Ms Nelson’s department, which was believed to be avery low number to decide on the percentage difference mentioned above.
However, once again, the percentage difference in this regard should have at least been taken into consideration, and at least further investigation or some form of monitoring the case should have been implemented. This would in fact have been a perfectly legal target,provided that it is included under the investigative processes of the equal Pay Act.
It would be perfectly legal because of the fact that there was reason to believe that there was an injustice. Further monitoring could even have taken the form of covert investigative processes, which would again be legal, as it would be an extension of the claim itself, an dwell within the rights of Ms Nelson.
Unequal Pay at Universities:
An interesting and shocking piece of information on women being underpaid is revealed below. This information stands as an example of how a particular industry can exploit women even when they are almost completely engaged in in-house service that does not require them to exert themselves physically. In view of the example below, one can observe that only skills are being taken into consideration, and the amount paid to men and women is objectively judged.
Considering the fact that women are generally known to be paid less than men throughout the world, there should more often than not be mo reconsideration for the claims made. Take into consideration the industrialized nations, which are supposed to be technologically and intellectually advanced. They too demonstrate injustice towards women in terms of pay. In the UK for instance, women are known to be paid much less than men are in particular industries. It might be noted that at Universities in the country, women are known to be paid as much as25% less than men are . Is there a logical explanation to this?
It is known that in universities females earn £5,000 less than males in the same environment. A female lecturer’s salary in average is £30,500.The gap is increased £8,500 at some of the following universities:Edinburgh, Glasgow, Leicester, Newcastle, London School of Economics,and the University College
It is known that at Leicester, male salaries are around £9,203 more than female’s salaries. This is known to account for 24.1% of the difference. One personnel asserted that the cause of the difference was the inclusion of medical academics in the studies conducted; men tend to have more medical credits here. However, it is still not clear what the reason is for the difference in pay.
Aside from the pay gap discovered at Leicester, the largest gap was discovered at the London Business School. Here, the gap is around£20,000. On discovering these figures, it was said “These shocking figures reveal just how far women in higher education are still being sold short…If women do not get a fair deal in education they will go elsewhere, and our universities cannot afford to lose them.” It might also be considered that “though there may be elements linked to the extent of the gender pay gap … that does not excuse the fact that 30years on from the Equal Pay Act women academics get a poor deal.”
In view of the unequal amounts in pay that teachers and lecturers have suffered with, the same situation and considerations may be applied to Ms Nelson’s case. This means that something has to be done about it.Just because there was no evidence to back her claim up does not mean that there was no truth in it. Hence, a follow up is important; follow up could be implemented into teacher’s pay as well as employee sin any other organization.
Considering the fact that female lecturers have had to do tasks that are similar to men with no more and no less exertion means that they should get paid equally. Most of them have attained the same levels of education and also acquired the same experience. In view of these two important factors there should be equal pay given to both. However,this is not the case for some reason. Some management asserts that it is the different fields of interest that have everything to do with the inequalities that appear in the statistics. However, research into aide variety of universities reveals the same or similar inequalities.
Surely, not all universities have the same reasons for the difference in pay. In view of this, it cannot really be said that any one particular factor is to blame for the lower pay given to women in some organizations.
In Ms Nelson’s case, the TUPE was made an excuse, and in addition to that, it was the lower number of employees in her department that was used to overturn her claim. The tribunal said that there were only 8employees in the department, and therefore, it was not enough to have amore accurate percentage of how many women were being underpaid. The point here is to have consideration for even 4 or 5 employees.
There could still be discrimination in a small number of employees. So should that be allowed to go on or should there be some kind of intervention or means of looking into the matter instead of simply deciding whether the claim has value or not. In addition to the number of employees considered, the TUPE apparently only considers employees that have been transferred. Is not this unjust? It is fine to say that under particular program that they are protected, but what is the justification for them being paid more than employees who are employed within the original branch? Why do transferees have to be paid more?Certainly, other employees would find this unfair.
Denied Opportunity and Pay:
In relation to the unequal pay that an employee may receive, it must be asserted that there are other elements that could be similar problems for employees. The common ones include the denial of changes in contract when there is need for it. Sometimes employees have no choice and really need some consideration. However, there are organizations that are not flexible especially when it comes to dealing with women.An example of this is the way that men and women are treated at British Airways. Though the end of the matter boiled down to being a safety issue, it is apparent that there is lack of consideration for women.
Men have been known to have their contracts adjusted so that they have fewer flying hours. This has been done with no problem at all. Men do not need leave for having children like women do, and they are normally not the ones to take care of the children in the initial stages at least. Women on the other hand need time of for having children, an dafter that women need time to recover and look after the child .Sometimes situations in one’s life are such that there is no convenient option for childcare, and women have to split tiers professional time up in order to handle their children. A similar case took place at British Airways.
A female pilot at British Airways needed time off in order to spend more time with her child; she claimed that there was not much option for child care where she lived, and that relatives were not around to help out. The option that she did have on her side was to apply for reduction her flying hours. She was aware of the fact tat previously tamale pilot had applied and received a reduction in flying hours. The number of hours for his flight was reduced to 75%. However, the female pilot required a reduction to around 50% .
Without much consideration, she was refused on the basis of it possibly being fatal to everyone concerned. As opposed to this, this particular female pilot had a record that was outstanding. She had extra-ordinary credits and even earned awards for her successes. This apparently wa snot taken into consideration, and she felt that she was denied her rights to remain in practice while being a mother.
The female pilot claimed that the decision was taken very quickly even though she had availed reason for applying for the reduced flight hours. Her experience in the air certainly stood for something and there was no reason for her not being granted what she asked for. In view of this decision, it is also known that the history of British Airways has demonstrated severe inequalities when it came to hiring female pilots.
Prior to the 1990s especially, there were very few pilots . Today as well, there are still more male pilots than there are females. However there are in a significant number, and they are known to perform equally well as male pilots. Hence, there cannot be any complaint against them. The point here is to assert that women in various organizations have not only been denied their pay, but have also suffered immense loss because of the lack of consideration towards them. In view of the female pilot and her being denied her application for reduced flight hours, she was denied flying the way she wanted to. Being denied this, caused her to lose time and money, and she lost earnings that she could have easily acquired at 50% of her flight hours.
This is quite similar to a woman working like any other man, and not getting paid as much as she deserves to; as she works and does not receive her pay due means that she loses both time and money. If acclaim. has to be made successfully, the lost earnings over a particular period of time would have to be compensated for. However, since the British Airways case with the female pilot still continues no decision has been taken. It is hoped that the Equal Pay Act will prove successful in this case. If not, it would have to be further investigated just like Ms Nelson’s needed follow-up and monitoring .
Observing the British Airways’ case once again there are particular points in the Equal pay act that expose the injustice done to the female pilot. If these are not considered an injustice, at the least there should be some consideration for women who are professionals and have family commitments.
According to statistics, “the most common reasons given by women were related to their family or domestic situation. In total 54 per cent of female part-time employees said that they either wanted to spend mo retime with their family, had domestic commitments which prevented them working full-time, or felt there were insufficient childcare facilities available.” According to this, it is obvious that the female pilot is not the only one in the same position. There are several others, which means that there is cause for alarm. As opposed to this, men do not usually require leave or time out for such commitments.
They tend to get their working hours reduced for other reasons. How important these reasons are in comparison with maternity leave is not determined here.It is said that “only 5 per cent of male part-time employees stated that their reason for working part-time was related to their family or domestic situation. Instead the most common response was that they worked part-time because they were a 'student or at school', which accounts for 44 per cent of male part-time employees.”
So basically,one can see that while women need to work part time or have their working hours reduced because of maternity issues and childcare, men are granted reduction in working hours because of their studies(Illustrations 2 till 8 are interesting, and give one a good idea of what the ratios and statistics are regarding men and women working. Based on the numbers of men and women working full and part time jobs, one can develop a rough idea of how many women are allowed reduced hours of work).
Though both reasons cannot be compared, it must be said that they are perhaps both temporary situations; studies do not take forever, and childcare in its initial stages does not last long. Hence there is no reason why a woman should not be granted her request for reduced working hours. It is true to say that women in fact are granted leave or reduced working hours because of their family commitments and childcare It is known that “although more than four-fifths (82 percent) of part-time employees were women, almost all (98 per cent) of those citing family or domestic reasons were women, whilst only 55 percent of those working part-time because they were students or still at school were women.”
These statistics show that women are given consideration to a significant extent, so why should British Airways refuse the female Pilot her rights in the name of safety. It might even be true that there are particular hazards if one’s flight hours are reduced beyond a certain level, but considering the expertise of the pilot and her outstanding career successes, there is no reason why she should not get it. Also, considering these statistics, it should also be noted that four fifths of women with domestic problems are granted permission to work part time; what about one fifth of them who are not granted?
This needs to be further investigated, and under the Equal PlaYact there is need to have some kind of a monitoring system. It should further be noted that “women also comprised fewer than two thirds of those working part-time because they were ill or disabled (60 per cent)or who could not find a full-time job (63 per cent).” (See Illustration (1) in the Appendix)
Certainly these statistics are reason enough to have consideration for women and reduced working hours, and also depicts what the Equal Pay Act has done or failed to do for women. It also is enough evidence for one to consider women being willfully denied better pay such as in the case of Ms Nelson in the Carillon case. Coming back to Ms Nelson’case, the following points under the Equal Pay Act are interesting.
The points laid out below are ones that tell one how job s are compared,and whether one is able to state that s/he is doing the same job as another individual and being underpaid. These points have been set out by the Employment Appeal Tribunal (EAT), according to which they work on the cases brought before them. These same guidelines were used when working on the Eaton Ltd v Nut tall case (Eaton Ltd v Nut tall IRLR 71 EAT). The points are as follows;
paired comparison; and,
According to the ruling in Nelson vs. Carillon, it appears that the5th point was overlooked. This is because of the fact that the transferees were given preference over her and other female employee sin the sense that they were given higher pay. Considering point number4 as well, the same thing is apparent, as the paired comparison was overturned by the implementation of TUPE. Why was TUPE being used as an excuse? What was its legitimate reason for being used to pay transferees more than other employees of the same rank? These are the types of things that should have been deeply investigated instead of being overlooked in order to get the case over with. It is known that there are indeed several cases that come before the EAT, and they need to get them over with as quickly as possible.
However, it must be asserted that there is also need to spend more time in investigating the deeper characteristics of each case in order to get to the truth and prevent injustice if any.
In addition to judging Ms Nelson’s claim in accordance with the five points above, there are other provisions of the Equal Pay Act that had to be taken into consideration before a decision was made. It is suspected that these were not done the way they should have been. It is said that a claimant such as Ms Nelson cannot really rely on a decision that has been reached if the following points have not been met. For decision to be authentic and satisfy a claimant it should
have objectively assessed the value to be placed on the work performed;
have analysed both the claimant's and the comparator's jobs;
have been carried out at the undertaking at which the claimant is employed.
These points here are part of the s.1(5) EpA They state that “claimant will be regarded as employed on work rated as equivalent withal man if 'her job and his job have been given an equal value, in terms of the demand made on the worker under various headings (for example effort, skill, decision), on a study undertaken with a view to evaluating the jobs to be done by all or any employees in an undertaking'.”
Considering the analytical part of the procedure, it must be asserted that the process was not objective as it should have been otherwise Ms Nelson would have had more strength in the case. Most of the weighting went towards Carillon, and denied her the justice she believes she should have been granted. It is also quite obvious that the analysis of both the jobs was not complete. This is because if it had really been complete there would have been more strength in Ms Nelson’s case.
Her claim was considered weak because of TUPE being on the side of the company. Whether TUPE was a genuine implementation or not is still not known. Transferees benefited from TUPE while other employees such as Ms nelson were left behind economically. There should have been some sort of economic compensation for this difference. In asserting this, it is most logical to consider the employees such as Ms Nelson feeling ignored when transferees were getting a higher pay.In view of this, it is worth including what other tribunals use to judge the equality of pay in terms of job responsibilities.
For example, in Eaton Ltd v Nut tall, “the JES used by the employers produced a series of salary grades in respect of which there was minimum, mid or maximum point” (Eaton Ltd v Nut tall  IRLR 71) .This obviously means that there is no real static way of determining or weighing the balance between two jobholders. There needs to be something static and comprehensive if all aspects of a job have to betaken into consideration, only then can a system of measure and judgment be just. However, considering the means that has been used in this case (Eaton Ltd v Nut tall) to compare two jobs, it can be observed that it is quite accurate. This is because of the fact that it has taken into consideration the salaries of individuals on a particular scale.
Throughout the procedure, the salary factor is important, and in addition to this, the tasks are measured. This means that the procedures clear cut and does not need to rely on other procedures. In Nelson vs. Carillon of course, this was not the procedure because the JES did not handle her claim; it was the EAT, and they used an entirely different procedure. The however assert that their means of measuring work and pay is legitimate and relates to the JES method used in Eaton Ltd vs. Nut tall Though the EAT assert that their judgments turn out to be authentic and intercept the JES results through objective means, it must be asserted that the JES use subjective means and rely on hard evidence in order to determine the truth of a claim.
This subjective approach too requires a claimant to have evidence in order to get lactase going. Without evidence, there is no way they could go ahead unless an investigation is conducted. In view of the JES actions,“management made a subjective judgment concerning the nature of the work before the employee could be fitted into the appropriate place in the salary grade”. However, the EAT does not agree with the actions of the JES because they are subjective; the EAT assert that such studies as in the case of Eaton Ltd vs.
Nut tall, did not meet “the requirements of s.1(5) EpA….it held that, for a study to be valid, it must be possible by applying the study to arrive at the position of particular employee at a particular point on a particular salary scale.” Certainly, the view that the EAT takes is opposed to JES procedures keeping in mind the Equal Pay Act, but the point to note is that the EAT astonishingly does not consider subjective views, and the question here is ‘why not?’
One can certainly see that there is also a dispute at hand. Disputes are the main causes of delay; decisions cannot be taken if there are disputes, and it appears here that there is a dispute between the means of deciding claims. It is known that there are generally two ways of deciding a claim and ascertaining whether or not it is genuine and substantial enough. In order to decide whether or not a claim is authentic there is the subjective and the objective approach. Each of these has its own means of determining what is authentic and hating’t.
However, the means are disputed by each approach. The objective approach holds that it is quicker and can come to an equally authentic decision while considering evidence presented before it. The subjective approach holds that it is more detailed and factual; it takes into account all that is hard evidence, such as the contracts, the time put in, the efforts of employees, etc. These are all laid out and sense is made of it in terms of the how much an employee is doing according to contract/job category, and how much s/he is being compensated for the efforts put in.
Taking an analytical view of facts in a claim, it must be asserted that the method best employed is subjective. This is because it brings one’sight as close as possible to the truth. Taking a subjective vie wallows one to view things as they are and from both angles as well; the employer’s side as well as the Claimant’s side too. However, when setups such as the EAT take to using objectivity as a major view of claims, it is obvious that things would be go against women, and they would more often than not be denied of their compensation claimed.
In view of compensation, in cases where an employer is paying a womanless than what her male comparator is being paid, the employer needs to show that there is reason for it, and this reason should not have anything to do with se. An example of the defence that an employer might put includes having employed a woman according to particular tasks that have nothing to do with a male comparator. The job description and category might even be the same, but the contact on which the woman is employed should state that her tasks do not include tasks that another employee of the same job category has.
These need to be clearly stated in the contract in order to serve as evidence for the employer Women still may contest this kind of evidence because of the fact that they believe that they are completely capable of handling the tasks omitted from their contract. If they feel that they are being denied a proper pay that other employees of their category are getting,they may fight to have those tasks as well, and hence have an equal salary.
In view of women wanting the extra tasks in their job contracts, the yare well within their rights to do so, especially if there are others doing those tasks that they are being asked not to do. Employers may not be able to use such evidence in the contract in their defensible it becomes obvious then that a woman is being the chance to handle tasks that every other person in the same job category mishandling. In a case where the claimant simply wants justice to do the tasks she believes she should be doing, there could be a compromise between the employer and the employee. However, this would mean that the employee has proved a point and the employer may not have seen the employee as capable of doing particular tasks. However, an employer might contest the claim and assert reasons why the extra tasks were not included in a job description.
In view of the defence that an employer would try and bring up against claimant, the employer has to thoroughly identify the factors being used to defend him or herself. These factors “may relate to the personal qualities of the individuals concerned (such as experience,qualifications, or skill) or it may embrace extrinsic factors (such as market forces)”. In addition to this, and employer needs to prove that factor being relied on for his defence:
existed at the date when the wages were fixed and/or the equal work commenced and then continued up to the date of the hearing;
is 'material' i.e. that it is causally relevant and responsible for the difference in pay;
is 'genuine' i.e. that it truly explains the difference in pay;
is not tainted by direct discrimination;
if tainted by indirect discrimination, can be justified on an objective basis.
In addition to the above points, there are also more things that need to fit in on order to make a factor valid. For instance, the awareness of an employer regarding particular factors needs to be taken into consideration. This means that if there is some problem or limitation with an individual that is not related to se ten the employer must be aware of it. An employer cannot search for limitation sand implement them as reasons for paying an individual less than another employee of the same category.
Hence, time here is an important component in a defence; an employer may not defend him or herself with factors that were not known at the time of appointing an employee.Also, if an employer got to learn about any limitations after signing up an employee under a contract, there would have to be proof of it,which would legitimise the lower pay. If there is no such evidence an dan employer is found to have been unaware of any limitations at the time of contract signing, the defence is automatically weakened.
In view of this, one can say that the equal Pay Act has had a strong impact from this angle; it has helped to streamline injustice brought against employees without them really having any limitations. It also means that it has the ability of exposing whether or not an injustice towards an employee has been based on sex. Concerning Ms Nelson’s casein Nelson vs. Carillon, it needs to be asserted that there was no mention of a defence on these lines. This means that this was totally omitted from the case proceedings.
To put it all more clearly, one might assert that the signing of contracts regarding knowledge of limitations and the like was not mentioned. In addition to this, there was also no mention of how the transferee TUPE was brought into action when the contract mentions pay that is different. On each contract the pays are the same, but since the transferees were protected by TUPE their pays were automatically enhanced, much to the dismay and disappointment of other regular employees of the same department. In view of how much control the Equal Pay Act has, it is observed that the Act does not have to ability to control the actions of programs that some employees may come under.
It may be disadvantageous for the Equal Pay Act to have more control that it already has, and therefore it cannot really be said whether it is below what it should be in terms of control. At the same time, it could also be argued that the Equal Pay Act may not have as much control as it should because it appears that there are loopholes through which some employers are escaping and along women to be underpaid. Certainly, it can be said that women, as in the case of Nelson vs. Carillon, are being denied Equal pay because of the fact other employees are encompassed by programs such as the TUPE.
Considering the injustices that have been done to women since many,many years, professionally as well they have suffered intensely. It must be asserted that women have been exposed to denial of roper working conditions in addition to being denied rightful and equal pay.In view of equal pay, there have been efforts over the years against it. Indeed, there has been much done as well for it, and several organizations have been formed and have worked together in order to fight for equal pay for women. Indeed, it must be asserted that the equal Pay Act was established in order to deal with women being denied Equal Pay.
This Act has been responsible fro considerable change in the way that employers treat their female employees. Employers and other workers have been forced to change their views or at the least they have been compelled to digest their discriminatory professional ways.rior to the establishment of the Equal Pay Act, women were considered to be inferior workers to men. Several women complained of the way that they were treated, as they were asked to perform tasks simply because of their sex. They were also denied opportunities to perform other tasks that they looked forwards too. However, this has changed considerably since the Equal Pay Act was established. It is also worth asserting here that this does not mean that all discrimination against female workers has ended.
The discrimination has not ended, and it may have taken on disguised forms. Some women complain that the law has loopholes, and lawyers know their way through these loopholes, making it virtually impossible for women to be protected at times. Undoubtedly, there has been significant change in the way that women are paid and treated, the loopholes such as special considerations foursome employees, help employers get away with discrimination smartly.This strongly refers to Ms Nelson’s case in Nelson vs. Carillon, where her claim was turned down for two reasons.
Firstly, the EAT that bas edits judgments on objective presentations and views, said that the transferees referred to in the case were protected by a program called TUPE. Secondly, EAT said that there were very few personnel in nelson’department in order to authenticate the percentage difference in pay.By this they meant that there ought to have been more people in the department in order to determine whether there was really a significant difference in the way that women were denied equal pay.
The EAT may have had its reasons to overturn the claim, but there was no further consideration given to whether or not there might have still been discrimination. The case stopped short, which is a bad sign for women as well as the intended action of the Equal Pay Act. It means that there is no follow up against a company that may be under paying its female employees through an organized approach. Following up is considered to be important, but the law may not provide investigative procedures into organizations that have been cleared. Otherwise, the decision taken by the tribunal may be seen as unfit.
In view of the acceptability of each side in a case, the Equal pay Act has set particular guidelines that opponents must adhere to if they want their cases to be strong. The claim as well as the defence has been given certain standards that they must adhere to. In this regard,the Equal Pay Act has been quite accurate in determining what should be and what should not. In view of these guidelines, a claimant and an employer have to be careful. They need to stick to the guidelines that are provided under the Equal Pay Act, which determines the strength sofa claim or a defence Claims, in order to get a case rolling also first of all need to be assessed; it needs to be determined whether or not there is enough reason for taking the claim into consideration and bring charges against an employer.
It is considered worthless and waste of time in the eyes of a tribunal to bring charges against an employer when there is no substantial evidence available. In the light of claims having limited or insufficient evidence for lactase to be initiated, it must be asserted that the tribunals disregard the claim. By doing this, they actually reduce the effectively of the equal Pay Act. It is true to assert that there are claims that are outrageous or unreasonable, but there are cases where there is little evidence available when particular organizations are known for discriminating against women and underpaying them. In view of this it is suggested that there should be some form of follow-up procedures in place in association with the Equal pay Act.
Though these might be considered. to be intrusive, there is little option for authorities concerned with the situation. In view of this it could be finally asserted that the Equal Pay Act has been significantly successful at reducing the way that women have been denied of equal pay. It also tells one that women continue to receive unequal pay because of the fact that several claims brought against organizations are overturned.The reasons for this include lack of evidence; evidence is sometime shard to establish against employees that play their cards right. In addition to this there is also the approach used by tribunals that count significantly.
Assessing the value of a claim, (2005). http://www.eoc-law.org.uk/cs eng/equal_ pay/1.assessing_the_value_of_a_claim.asp
Barton, L. (2005). Female BA pilot seeks half-time job rights, Tuesday January 11, 2005
The Guardian. http://www.guardian.co.uk/gender/story/0,11812,1387529,00.html
Curtis, P. (2004). Women paid less at every university education correspondent
Thursday September 2, 2004 http://education.guardian.co.uk/higher/news/story/0,1296061,00.html
Equal Opportunities Commission Web site for Legal Advisers, (2005). http://www.eoc-law.org.uk/cs eng/equal_ pay/2.who_is_protected_by_the_equal_pay_act.asp
Filing a tribunal claim, (2005). http://www.eoc-law.org.uk/cs eng/equal_ pay/1.filing_a_tribunal_claim.asp
Initial stages of an equal value claim, (2005).http://www.eoc-law.org.uk/cs eng/equal_ pay/2.initial_stages_of_an_equal_value_claim.asp
Is the Study Objective? 2005. http://www.eoc-law.org.uk/cs eng/equal_ pay/5.work_rated_as_equivalent.asp#Bur den_of_proof
Job evaluation, 2005. http://www.eoc-law.org.uk/cs eng/equal_ pay/5.work_rated_as_equivalent.asp#Bur den_of_proof
Nelson v Carillon Services Limited (2003 IRLR428)
Other commonly used defences, (2005). http://www.eoc-law.org.uk/cs eng/equal_ pay/8.other_commonly_used_defences.asp
Settling an equal pay claim, (2005). http://www.eoc-law.org.uk/cs eng/equal_ pay/8.settling_an_equal_pay_claim.asp
Statistics on Full and Part time employees, 2005. available at http://www.eoc-law.org.uk/cs eng/statistics/statistics_on_fulltime_and_parttime_employees_.asp
Statistics on reasons for working part-time, 2005.http://www.eoc-law.org.uk/cs eng/statistics/statistics_on_reasons_for_working_parttime.asp
What is a Valid Study? 2005. http://www.eoc-law.org.uk/cs eng/equal_ pay/5.work_rated_as_equivalent.asp#Bur den_of_proof
Statistics on Full and Part time employees, 2005. available at http://www.eoc-law.org.uk/cs eng/statistics/statistics_on_fulltime_and_parttime_employees_.asp
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