is employed on work that is equal to the work that a comparator of the opposite sex (B) does, or.A similar provision-referred to as a sex equality rule-is implied into the terms of pension schemes.The EqA 2010 imposes an equality clause into a person's (A's) terms of work, or an equality rule into an occupational pension scheme, where A: This is designed to ensure parity of terms between the employee and their comparator. It does so by providing for a sex equality clause to be read into the employee’s contract of employment. This Practice Note examines the mechanism that is used in equal pay claims, known as equality of terms claims under the Equality Act 2010 (EqA 2010).Prerequisites for an equal pay claimThe EqA 2010 contains provisions designed to achieve equality between men and women in pay and other terms of employment where the work of an employee and their comparator-a person of the opposite sex-is equal. Underhill LJ did, however, express the provisional view that the EAT in this However, the Court of Appeal declined to decide this issue as it was not necessary to the outcome of the appeal. In Brierley the question arose as to whether Article 157 TFEU affords employees a directly enforceable right to equal pay in equal value cases (ie where the claimant’s comparator is someone doing a different job). Article 157 TFEU has direct effect, enabling a court or tribunal to disapply any barriers in domestic law that are incompatible with it. Directive 76/207/EEC, the Equal Treatment Directive does not apply to 'pay'.The principle of equal pay for equal work has been said to be fundamental to the foundations of the European Union. This Practice Note examines the principle of equal pay for equal work under the Equality Act 2010 (EqA 2010) and, in particular, what 'pay' includes.The principle of equal pay for equal workArticle 157 of the Treaty on the Functioning of the European Union (TFEU) (previously Article 141 of the Treaty of Rome) establishes the principle that a worker is entitled to equal pay for equal work.European law distinguishes between equal pay (provided for under Directive 75/117/EEC, the Equal Pay Directive) and equal treatment between men and women (provided for by Directive 76/207/EEC,the Equal Treatment Directive and subsequent directives). View the related practice notes about Equal pay for equal work Equal pay: definition of pay
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