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Equal Pay

The average pay gap between women's and men's wages in Scotland is 15%. For black and minority ethnic women, women with disabilities and geographically isolated women the pay gap is even wider.

Part-time working also substantially affects females, as a result of the low value generally placed on many part-time jobs.

Employers must give men and women equal treatment in the terms and conditions of their employment contract including pay if they are employed on:

  • 'like work' i.e. work that is the same or of a broadly similar nature;
  • work rated as equivalent under a job evaluation study; or
  • work found to be of equal value, under such headings as effort, skill and decision making.

Individuals who make a complaint to an employment tribunal under the Equal Pay Act 1970, may claim arrears of renumeration (which includes sick pay, holiday pay, bonuses, overtime etc as well as 'pay') for a period of up to five years in Scotland (six across the rest of the UK) before the date of their tribunal application.

The Part-Time Workers Regulations give part-time male and female workers a right to the same pay and terms and condtions of employment (contractual and non-contractual) on a pro-rata basis as full-time workers, with a similar contract, doing the same or broadly similar work, unless any difference can be objectively justified.

To ensure equal pay employers should carry out a review of their pay structures including all benefits and remedy any unjustifiable pay differences between male and female staff.

Links

ACAS
The Advisory, Conciliation and Arbitration Service (ACAS) provides helps resolve disputes between employers and employees.
Close the Gap
Partnership project giving advice and information on equal pay.
Government Equality Office
Takes on responsibility for the Government’s overall strategy and priorities on equality issues.
Equality and Human Rights Commission
An independent body established to eliminate discrimination on the grounds of sex or marital status.
Scottish Trades Union Congress
Co-ordinates, develops and articulates the views and policies of the trade union movement in Scotland.
Low Pay Commission
An independent statutory non departmental public body set up under the National Minimum Wage Act 1998 to advise the Government about the National Minimum Wage.