Law Assignment: Adoption of Equal Pay Legislation For Gender Equality
Question
Task: Write a law assignment critically evaluating the implementation and adoption of Equal Pay legislation in regard to gender equality perspective within the workplace in UK.
Answer
Introduction
Case analysis and proper interpretation of legal rules are essential in case of law research work as it ensures that a specific topic has been researches properly. The law assignment has focused on the two key sources for identifying legal aspects of topic “Critical evaluation of the implementation and adoption of Equal Pay legislation with respect to the gender equality perspective within the workplace in the UK” including various websites and journals. Primary sources of English law are judgements in any practical case, statute law, EU directives and treaties. In the current research study, the researcher has considered all sources of English law to conduct the study profoundly.
Locating Primary Sources in including Advanced searching of Databases
Based on different websites, five case laws are identified which are relevant to the gender equality in case paying wages. These case laws include:
• Strathclyde Regional Council vs. Wallace (1998)
• Home Office vs. Bailey (2005)
• Hayward vs. Cammell Laird Shipbuilders Ltd. (1988)
• Capper Pass Ltd. vs. Lawton (1977)
On the other hand, the Equal Pay Act details 2010 have been considered from official website of the UK government. Furthermore, two peer reviewed journals including “Economic and Industrial Democracy” and “Work, Employment and Society” are considered to analyze properly the rules of Equal pay Act.
The advanced searching of database has been considered to get case law details properly and based on case laws as well as analysis of Equality Act 2010 the appropriate result has been identified regarding the topic. The statute law details of the UK and EU directives regarding equal payment both have been considered in the research. In case of identifying EU directives, EEC treaty 1957 and official website of European commission both have been considered. The Equal pay legislation and four cases regarding equal payment are mentioned in the analysis and it has provided an overview regarding importance equal payment to the employees. Based on these case analyses, it has been identified that Equal Pay Act is essential for maintaining social equality in the workplace.
Analysis of different Cases
a. Identification of Judgement (Bundle of full texts)
Strathclyde Regional Council vs. Wallace (1998)
Based on the judgement of the case if difference in payment has been made with proper reasons, No question would arise according to the Equal Pay Act 1970 regarding sex discrimination in payment. The House Lord has stated that Employer can defence the appeal of woman teachers under the section 1(3) of the Equal Pay Act 1970. The key text of the Judgement is subsection (3) can be applied effectively to defend the case but employer has to prove that discrimination in payment of wages has been made for the reason excluding sex discrimination .
Home Office vs. Bailey (2005)
Based on this case, it is found that almost 2000 employees of prison service have appealed to the court regarding equal payment under the Act of 1970. According to female employees, the amount of wages is comparatively lower than male employees and they have filed the allegation that discriminating policy has been adopted by the employer. The key provision of the Equal Pay Act 1970 is Equal treatment is essential in case of men and women employees within the same employment . Another important text of this case is “An equality Clause shall not operate in relation to a variation between man’s and woman’s contract.”
Hayward vs. Cammell Laird Shipbuilders Ltd. (1988)
The case reveals that appellant has made the allegation regarding sex discrimination in the payment of wages. She has claimed more wages as her payment was lower than the wages of male employees. The applicant’s allegation has not been accepted by the court as the comparison has been made between the basic pay and overtime rates of male and female employees. The key text of this case is it is not necessary for the overall female employees’ contract to be less beneficial than the overall man’s contract .
Capper Pass Ltd. vs. Lawton (1977)
In this case also the question has been raised regarding in equal payment of wages to male and female employees in Capper Pass Ltd. In this context, the important text according to section 1(3) of Equal Pay Act is the section 1 cannot deal with the statement whether woman is employed on like work with a man or not. Furthermore, another essential text that has been identified from the case is it is difficult to prevent the discrimination in the payment of wages to male and female employeesby “Equal Pay Act” positively . The case has provided solution regarding dispute resolution process according to section 1(4) of the Equal Pay Act 1970. In this case, the special consideration has been provided regarding hours worked and it is said that equality is needed to be maintained in the hours working.
b. Important Passages of above mentioned cases
The case of Hayward vs. Cammell Laird Shipbuilders Ltd clearly depicts that sex discrimination or gender inequalityin the payment of wages within the workplace cannot be considered but if that is done with proper logic then the appeal cannot be made. Based on Lord Justice Peter Gibson’s analysis the first passage of the case decision is important. The reason is in this part details of court appeal has been discussed from which the key matter regarding the case is identified. The Case Lawton vs. Capper Pass Ltd. reveals that the 10th passage is important as it has mentioned that it is difficult to prevent sex discrimination in the payment of wages based on the act. Hence, other comprehensive solution is essential for overcoming the issue properly. Furthermore, the importance of equality treatment has been clearly mentioned in the passage from which it can be stated that the equality in the payment of wages is needed to be maintained. The analysis of the case Strathclyde Regional Council vs. Wallace depicts that 5th passage of the case is important as this passage has focused on the equal payment to the female and male employees. In case of same employment, the discrimination policy cannot be accepted at all but if the employment type is different within the same organization, the discrimination can be accepted with proper logical evidence. The case discussion of Home Office vs. Bailey clearly states that key decision of House of Lords is important as benefits of employment contract of male and female employees are discussed here. Furthermore, European Communities Act 1972 has been considered in the discussion of equal payment to employees .
c. Themes Developed throughout the cases
Thekey theme that has been identified from above mentioned four cases are sex discrimination policy in the same employment is not good for the workplace performance development. Hence, it is essential to the employer to focus on the maintenance of Equality according to the Equal pay Act 1970. Furthermore, the second theme has been identified that law should justify whether the rules of sex discrimination is reasonable or not. Based on these facts, the Equality Act 2010 has been developed and this has been considered in the research. Furthermore, the EEC treaty is also considered here for evaluating the gender inequality in case of making payment to the employees.Key theme depicts that maintenance of equality in the payment is important for ensuring equal growth of all employees within the organisation. On the other hand, in case of different anatomies of job, the sex discrimination policy cannot be considered. These two themes have helped to address the research question that “What are the ways, by which gender pay gap has been implemented in the Equality Act, 2010” Furthermore, other research questions are also addressed considering case analysis. The most important matter is it has been identified that case decisions are used to implement Equality Act 2010. The key focus of the Equality Act 2010 is to consider human rights and this is why human rights commission has prescribed some rules in the act. The consideration of equal payment of wages to the male and female employees within the workplace has been identified in the Equality Act and furthermore, EU directives are also focused on the equal payment to male and female workers.
d. Key issues
i) Ratio Decidendi of Cases (Law based on which judicial decision is given)
Strathclyde Regional Council vs. Wallace (1998)
Based on the case decision of Wallace, it has been identified that the judicial decision has focused on the application of Equal Pay Act 1970. In this case the section 1(3) cannot be applied by the employer as the employer could not shows that the payment of wages has been made unequally excluding the reason of sex discrimination.
Home Office vs. Bailey (2005)
Based on the case of Home Office vs. Bailey (2005), it has been identified that judicial decision has been given based on the Equal Pay Act 1970 in the UK . Here, it is mentioned that the sex discrimination issue could be raised in case of male and female employees while the employment posts are same or they are engaged in the same type of activity. Hence, the section 1 cannot be applied in this case and the key area of the judicial decision is sex discrimination in the payment of wages to male and female employees. The ratio Decidendi analysis of both the cases clearly states that the judicial decisions are same considering Equal Pay Act 1970.
Ratio Decidendi of the case Capper Pass Ltd. vs. Lawton (1977)
The case analysis of Capper Pass Ltd, it has been identified that dispute resolution can be made based on the section 1(4) of the Equal Pay Act 1970 . Hence, here the judicial decision is based on the same act but the section is 1(4) which identified whether the discrimination policy is real or not . The rationale behind this judicial decision is sex discrimination has been considered sometimes in the payment of wages as male workers are engaged in risk job which is not possible by the female workers. This is why the proper evidence to judge payment discrimination between male and female employees is important.
Ratio Decidendi of Hayward vs. Cammell Laird Shipbuilders Ltd. (1988)
Considering the analysis of ratio Decidendi of Hayward case it has been identified that basis pay and overtime rates are same and hence, in this case no discrimination has been found . Here, the judgement has been made considering the rationale of basic pay only. Hence, there is a difference in the rationale of the judgement in this case considering other three cases mentioned in the above.
ii) Is the Ratio Decidendi same for all judges
Considering all four cases, it can be stated that in the Home Office case, the European Communities Act 1972 has been considered but in other cases judicial decision rational are same. In this context, it can be stated that the basic rationale is same in all the cases and it is judgement of inequality in the payment considering proper evidence. Hence, based on Equal Pay Act 1970, the entire judgement has been provided and hence, it can be stated that judicial decisions are almost identical in all cases.
iii) Obiter Dicta in Judgements
Based on the analysis of judgements of all four cases, it has been identified that the obter dicta of the cases were judgement subject to the evidence. This is because it is not possible to provide right judgement regarding the equal payment of wages based on the analysis of sex or gender inequality policy. The appeal of plaintiffs are considered properly by the court and based on the relevance these are used, otherwise appeals are rejected. Hence, the opinion of the judge in all four cases was on the Equal Pay Actand how it can be applied while the gender inequality would be identified in same employment ground. According to the decisions of the court, it has been identified that employment situation is needed to be judged properly for implementing the rule of Equal Pay Act 1970. Considering this view, the Equality act 2010 has been implemented.
iv. Analysis of cases regarding clarification or confusing the law
Four cases analysis clearly depicts that all areas regarding cases are properly clarified rules of Equal pay Act 1970. Furthermore, EEC treaties of 1975 are also considered in the judgement of some cases which has focused on the human rights. The case decision says that gender inequality or sex discrimination is not right in the payment of wages in the workplace but proper evidences are required and situation is needed to be analyzed properly. Hence, in this context, it can be said that the case judgements did not confuse Equal Pay Act 1970 or Equality Act 2010 in the UK. The case judgements have provided accurate clarification regarding discrimination in the payment of wages. On the other hand, it can be said the new area has been focused in Equality Act 2010 is human rights . Hence, each employee in the same employment has an equal right to get appropriate wages from the employer. Judgements in all four cases are not confusing as considering section 1(3) and 1(4) of the Equal Pay Act 1970 has been considered in decision making process. According to the Equality Act 2010, it has been identified that payment is needed to be equal in the normal service as well as contractual service . Considering human rights and based on judgements of these four and other cases, the law regarding Equal Pay Act has been updated.
Based on the case description and decision of courts, it has been clearly identified that the rules and regulations of Equal Pay Act has been clarified after the judgements. It has increased quality of laws and application has been effectively made. Details of section 1 of the Equal Pay Act 1970 are properly identified from the analysis and it has increased the understanding of Law. Furthermore, in case of providing judgement of the caseEU treaties and European Communities Act 1972 both have been identified. These have increased applicability of rules of Equal Pay Act and proper evidence regarding decisions has been identified. These case decisions are not altered as the judgement has been made based on proper evidence. Hence, the Equal Pay Act rules and case decisions have helped to implement Equality Act in 2010 successfully .
v. Dissenting and Convincing Judgements
Based on the four case judgement analyses, it has been identified that all outcomes are convincing in nature and these judgements are not dissenting. This is because; court decisions have focused on the evidence in case of providing appropriate judgement in the unequal payment of wages. Hence, all decisions are subject to proper logic and it has helped to increase the acceptance of decisions to the public. Subsequently, these case decisions have been used provide appropriate decisions to other cases. The EEC treaties are also considered in the decision making process including European Communities Act 1972. Based on convincing judgement, case decisions have increased the importance Equal Pay Act 1970 and discriminating policy in the workplace has been reduced to some extent. Actually, based various sections of Equal Pay Act 1970 and other reasonable facts, the accurate decision has been provided in the court which has made it convincing.
vi. Background of Cases
Case judgements are given by the court considering social background as gender inequality creates social discrimination in the workplace. In case of paying wages, social discrimination policy has been identified and this is why the Equal Pay Act 1970 has been implemented practically. Cases are judged only in terms of social perspective only social inequalities are reduced to some extent. After case decisions, Equality Act has been implemented during the year 2010 and it has helped to enhance social equality as human rights are properly considered here.
Vii. Background of Judges, influenced by practical experiences or not
The case decision analysis and detailed verification of cases clearly depicts that judges are having practical experience. The reason is based on practical view and considering previous rules and regulations, a judge can provide convincing and stable judgement. Considering different reasonable sections of the Act, entire judgement has been given. Hence, under these circumstances, it is completely clear from the study that judges have practical experience, otherwise constructive judgement cannot be provided regarding comprehensive cases. Based on the case results, the application of Equal Pay Act in the UK has been strengthened and transparency in the workplace performance has been developed.
Viii. Why other cases or earlier cases are not followed
In the current study, relevant cases are considered only and other earlier cases are not relevant to the gender equality gap topic. The discriminating policies that are used by employers in the payment of wages to male and female employees are considered in the entire study. Hence, it is clear that earlier irrelevant or lee relevant cases are completely ignored from the entire study. It has helped to identify key areas of the research and effectiveness of the Equal Pay Act 1970 has been properly identified. In this context, it can be stated that other cases are not ignored for policy reasons but these cares are not appropriate with the topic. Hence, the policy reason issue has not been considered in the entire research of cases in the study.
Conclusion
The above analysis shows that case judgements are provided subject to proper evidence and hence the importance of Equal Pay Act 1970 has been increased after the four case judgements. Based on the background of the case analysis, it has been identified that all cases are analysed in social background only for maintaining equality in the society. Based on the detailed judgement analysis, it is found that importance equality is considered in the court decisions but the term that is used in all decisions is “same employment”. It reveals that male and female employees are needed to be considered under same employment policy to provide judgement regarding equal payment.
References
'Almost 50 Years Of Equal Pay Legislation – But The Waiting Continues For Women' (The Conversation, 2020)
Bryson, A., 2017. Pay equity after the Equality Act 2010: does sexual orientation still matter. Work, employment and society, 31(3), pp.483-500.
'Capper Pass Ltd V Lawton | [1977] 2 WLR 26 | United Kingdom Employment Appeal Tribunal | Judgment | Law | Casemine' (Casemine.com, 2020)
Conley, H., 2014. Trade unions, equal pay and the law in the UK.Law assignment Economic and Industrial Democracy, 35(2), pp.309-323.
Equal Pay Legislation And Its Impact On The Gender Pay Gap (2020)
'Equality Act 2010' (Legislation.gov.uk, 2020)
Foubert P, The Gender Pay Gap In Europe From A Legal Perspective (2020)
'Hayward V Cammell Laird Shipbuilders Ltd (No. 2): HL 1988 - Swarb.Co.Uk' (swarb.co.uk, 2020)
'Home Office V Bailey &Ors [2005] EWCA Civ 327 (22 March 2005)' (Bailii.org, 2020)
House Of Lords - Strathclyde Regional Council And Others V. Wallace And Others (Scotland)' (Publications.parliament.uk, 2020)
