ABSTRACT

The legal requirement of ensuring equality between men and women’s terms of employment can be found in the Equal Pay Act (EPA) 1970, Art 141 (formerly Art 119) of the EC Treaty and EC Directive 75/117 (the Equal Pay Directive). Although these legislative provisions protect men and women alike, the evidence suggests that a woman’s average weekly earnings are only 82% of a man’s earnings (New Earnings Survey 2003, Labour Market Trends). Therefore, in practical terms, most cases for equal pay are brought by women. This is further compounded by the segregation of women into jobs perceived as ‘women’s jobs’, which are traditionally in the service sector and in the lower pay bracket. Job segregation is seen as a major obstacle to equality in employment. The National Minimum Wage Act 1998, discussed in Chapter 14, above, may have an impact in this area. However, there is an argument that the current national minimum wage has been set too low to be effective. (See Sachdev, S and Wilkinson, F, Low Pay, the Working of the Labour Market and the Role of the Minimum Wage, 1998.)

The continued impact of European Community (EC) law in the area of equality cannot be underestimated. Article 141 has direct effect and, therefore, domestic law must be applied and interpreted in the light of the Article. The decision in Jenkins v Kingsgate (Clothing Productions) Ltd (1981) upholds the principle that Art 141 is directly applicable in the national courts. Directive 75/117, whilst not in itself being enforceable against individual employers, requires Member States to amend their laws so as to comply with the Directive. Article 141 requires each Member State to ensure that the principle of equal pay for both male and female workers, and for equal work or work of equal value, is applied (Art 1). ‘Pay’ for this purpose means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or kind, which the worker receives, directly or indirectly, in respect of his or her employment (for example, a company car).