Commentary

(b) Statutory constraints on freedom of contract

Division BI Pay
| Commentary

(b) Statutory constraints on freedom of contract

| Commentary

(b)     Statutory constraints on freedom of contract

There are a number of statutory provisions which constrain the freedom of the parties to reach agreement on the level of remuneration, the method of payment and the amount of holiday pay due. For example, the Equality Act 2010 prohibits differential rates of pay between the sexes by implying a sex equality clause in every contract of employment (see K [151] ff), and the Act's anti-discrimination provisions (preventing age, race and other forms of discrimination) can also have an impact on differential pay rates (see for example Naeem v

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