Podcast Location:
Download it here [file size: 24.8 MB]
Part of:
Employment Law Report 2011 CPD Training Bundle
Employment Law
CPD Points:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at those interested in equality issues in employment law. It aims to set out a brief history of equal pay and the current state of play following the replacement of the 1970 Act with the Equality Act 2010.

After completing the course you will:
  • Have had a brief history of equal pay in the UK;
  • Know how to go about identifying a comparator;
  • Understand the relationship between the provisions on equal pay in the EA 2010 and the rights contained in Article 157 TFEU;
  • Know about the extent to which the Equality Act applies to other terms in an employment contract besides pay;
  • Understand what counts as remuneration for the purposes of comparing terms and conditions;
  • Know how a complainant can gather sufficient evidence to demonstrate a gender/pay disparity;
  • Know to what extent a gender pay disparity is capable of objective justification;
  • Be aware of the stark disparity between the limitation period for bringing an equal pay claim in the employment tribunal and the civil courts and why this matters.
Intermediate Difficulty: 3 of 5
Case Update
Legal Principles
Sources and References:
  • Equality Act 2010 s71;
  • Equal Pay Act 1970;
  • Walton Centre for Neurology & Neuro Surgery NHS Trust v Bewley [2008] UKEAT 0564_07_2305;
  • Article 157 Treaty for the Functioning of the European Union;
  • Hayward v Cammell Laird Shipbuilders Ltd [1988] IRLR 257 HL;
  • Degnan & Ors v Redcar & Cleveland Borough Council [2005] EWCA Civ 726;
  • Brownbill & Ors v St Helens & Knowsley Hospital NHS Trust [2010] UKEAT 0074_10_0608;
  • Gibson & Ors v Sheffield City Council [2010] EWCA Civ 63;
  • Armstrong v Newcastle upon Tyne Hospital NHS Trust [2006] IRLR 124;
  • Enderby v Frenchay Health Authority and Secretary of State for Health [1993] EUECJ (C-127/92);
  • Abdulla & Ors v Birmingham City Council [2010] EWHC 3303 (QB);
  • Ashby & Ors v Birmingham City Council [2011] EWHC 424 (QB);
  • Hosso v European Credit Management Ltd (Revised) [2011] UKEAT 0475_09_0701;
  • Elidh Hoyland v Asda Stores Ltd [2005] UKEAT 0058_04_2202.

Following the enactment of the Equality Act 2010 and the repeal of the Equal Pay Act 1970 the issue of equality of pay and terms remains a sore issue in employment law. This podcast with two barristers from Matrix Chambers discuss the situation now and what the new law may mean for the future.

Podcast added: 22/07/2011

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