ABSTRACT
One of the most signifi cant developments affecting businesses has been the passing of the Equality Act 2010, which brought together all the previous discrimination legislation. Interestingly, the Act identifi ed protected characteristics, including age and disability, which it is illegal to discriminate against. For example, if in an interview Bob is 60 years old and Carl is 45 years old, and you offer the job to Carl because he is younger, then as age is a protected characteristic this would amount to direct age discrimination. This is also the case with pregnancy; for example Emma has just started a new job and discovers that she is pregnant. When she informs her employer, she is dismissed. This is automatically unfair dismissal but is also direct pregnancy discrimination. Emma was dismissed because of her pregnancy, which is a protected characteristic. An employer cannot discriminate against a person, either directly or indirectly, because they have a protected characteristic. The protected characteristics and forms of discrimination are considered in more detail in the chapter. Over the past years there have been a number of cases relating to equal pay, particularly within the public sector, emphasising the need for businesses to fully evaluate and consider the basis for pay levels awarded to staff undertaking different types of work. You will see that equal pay is actually wider than just fi nancial remuneration, and can also include the terms contained within a contract as well. The key here is establishing if work undertaken by the other person (group) is equivalent or of the same value. In this chapter you will fi nd the legislation setting out the basis for equal pay and claims, and how it is applied through the claim procedure.
