The definition of discrimination is ‘singling out of a person or group for special favour or disfavour based upon the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, gender or sexual orientation’. The discrimination can be direct, indirect, by victimisation or harassment.
The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 imposed a duty on all companies, that employ more than 250 employees, to report to the Government the difference between the mean hourly rate of pay of male full-pay relevant employees and that of female full-pay relevant employees.
The deadline for reporting the relevant data was the 4th April 2018 for all private and voluntary sector companies, and 30th March 2018 for public sector companies.
Since the figures have been submitted it has been widely reported that nearly 8 out of 10 companies and public-sector bodies pay male employees more than female employees. Figures submitted from the public-sector organisations highlight that nine in 10 organisations paid male employees more than female employees with an overall gender pay gap of 14%.
The gender pay gap shows the difference in the average pay between all men and women in a workforce. The reporting requirements have seen the matter raised in the media with many high profile male television presenters being identified as receiving more pay than their female counterparts.
Equal pay deals with the pay differences between men and women who carry out the same jobs, similar jobs or work of equal value. It is unlawful to pay people unequally based upon their gender.
If an employee thinks they are not receiving the same equal pay as one of their colleagues, for performing the same job, then this is clearly discrimination based upon their gender.
The Equality Act 2010 provides that it is unlawful to discriminate against a person based upon:
gender reassignment discrimination;
marriage and civil partnership discrimination;
pregnancy and maternity discrimination;
race and racist discrimination;
religion or belief discrimination;
gender or sex discrimination;
sexual orientation discrimination;
These areas are termed protected characteristics.
It is therefore possible for discrimination to be applicable to a wide range of behaviours. There are also certain types of exceptions that are afforded under The Equality Act 2010, such as a male cannot claim discrimination if a female college is afforded special treatment in connection with pregnancy or childbirth.
In certain criminal offences the offences can be aggravated if there was a racial aggravating factor. If offences are racially aggravated, then the sentences imposed will be significantly higher.
If you believe that you have been discriminated against because of one of t
hese protected characteristics do not endure the discrimination any longer. Contact our dedicated team of lawyers who will be able to assist you with your matter.
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Alternatively, you can contact each of our offices on 020 3292 1306 (London); 0121 259 0005 (Birmingham); 01223 420252 (Cambridge); 01865 784098 (Oxford); 01858 414284 (Market Harborough); 0116 208 1495 (Leicester).