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Feminism: Sex and gender discussions

Equal Pay at Work question

4 replies

Justme56 · 25/11/2021 12:06

According to the ACAS website:

'By law, men and women must get equal pay for doing 'equal work' (work with equal pay law classes as the same similar, or equivalent or of equal value). This means that someone must not get less pay compared to someone who is both the opposite sex doing equal work for the same employer.

Take an example where an employer uses the term 'gender' and not 'sex' in their Equality Policy.

What happens in a case where the comparator is between work done between a woman and a trans woman (without a GRC)?

Does the trans woman's sex 'male' or self identified 'female' take precedence?

Assuming if it is the latter the person couldn't be used as a comparator. However, if it is the first what is the situation? Is the company's Equality policy unfit for purpose?

Everything I have found on the web relates to 'sex' equality but not much more. If anyone has any other information that would be great.

OP posts:
Selkiesarereal · 25/11/2021 13:16

Doesn’t matter what the company policy says, it’s the law which is relevant and comparator is based on sex.

CheeseMmmm · 26/11/2021 01:50

No idea.

ACAS gave me incorrect advice when I talked to them about mat pay.

So imo they're shit..!

CheeseMmmm · 26/11/2021 01:56

Are you in a situation where this is relevant?

If not then in practice-

Equal pay challenges are not common and the ones I've read about are all big group things. There was a supermarket one not so long ago. And I remember a local council one ages ago.

So in the end given that, it's really trivial in the scheme of things. And the situation you describe going to be vv rare in the first place.

Plus of course loads of people have no idea of the salary others are on unless specific published pay for certain roles.

Individual claims are... ? I'll have a look.

With work for me massive issue is maternity discrimination.

CheeseMmmm · 26/11/2021 02:02

Some figures in here

www.theguardian.com/inequality/2020/may/25/29000-annual-claims-50-years-equal-pay-act

More than I guessed. 61% settled no tribunal. (Employer gives Dosh for complaint to be withdrawn).

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