Employment Equality Act 1998

Entitlement to equal remuneration.

19

19. (1) It shall be a term of the contract under which A is employed that, subject to this Act, A shall at any time be entitled to the same rate of remuneration for the work which A is employed to do as B who, at that or any other relevant time, is employed to do like work by the same or an associated employer.

F40 [ (2) In this section relevant time , in relation to a particular time, is any time (including a time before the commencement of this section) during the 3 years which precede, or the 3 years which follow, the particular time. ]

(3) For the purposes of this Part, where B’s employer is an associated employer of A’s employer, A and B shall not be regarded as employed to do like work unless they both have the same or reasonably comparable terms and conditions of employment.

F41 [ (4) ( a ) Indirect discrimination occurs where an F42 [ apparently neutral provision would put ] persons of a particular gender (being As or Bs) at a particular disadvantage in respect of remuneration compared with other employees of their employer.

  ( b ) Where paragraph (a) applies, the persons referred to in that paragraph shall each be treated for the purposes of subsection (1) as complying or, as the case may be, not complying with the provision concerned, whichever results in the higher remuneration, unless the provision is objectively justified by a legitimate aim and the means of achieving the aim are appropriate and necessary.

  ( c ) In any proceedings statistics are admissible for the purpose of determining whether this subsection applies in relation to A or B. ]

(5) Subject to subsection (4), nothing in this Part shall prevent an employer from paying, on grounds other than the gender ground, different rates of remuneration to different employees.

Annotations:

Amendments:

F40

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 12(a), commenced on enactment.

F41

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 12(b), commenced on enactment.

F42

Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 8, S.I. No. 610 of 2015.

Editorial Notes:

E19

Previous affecting provision: subs. (4)(d) substituted (18.07.2001) by European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001), reg. 4(a); superseded as per F-note above.