Equality of terms

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Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Equality of terms content

Precedents

Policy—equality

1Policy statement1.1The Company is fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating...

18th Jan

Practice notes

Territorial extent and scope of the Equality Act 2010

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Edward Kemp of Littleton Chambers 18th Jan

Practice notes

Equality of terms: defences and exceptions

This Practice Note examines the defences available to an employer in relation to an equality of terms (equal pay) claim and the exceptions that...

18th Jan

Practice notes

Equal pay audits

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

18th Jan

Practice notes

Equality of terms: pregnancy and maternity

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

18th Jan

Practice notes

Equality of terms: definition of 'pay'

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Equality of terms: equal work and comparators

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Equality of terms: how claims work

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Part-time workers—discrimination issues relating to pensions

This Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down on or before 31...

Produced in partnership with Elizabeth Ovey of Radcliffe Chambers 16th Jan

Practice notes

Equality and Human Rights Commission

Statutory frameworkThe Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act...

13th Jan

Precedents

Equality of terms (equal pay)—sample questions

Reasons for believing employee may not have had equality of terms[I believe I have not had equal terms with my comparators because I am employed as a...

5th Dec

Precedents

Policy—equality (short form)

1Policy statement1.1The Company is fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating...

5th Dec

Practice notes

Equal Value Rules (rules applying from Monday 29 July 2013)

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013SI 2013/1237SCHEDULE 3THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF...

5th Dec

Practice notes

Equality of terms: evidence

Three main contentionsIn general, equality of terms claims brought under the Equality Act 2010 rely on one or more of three main contentions (see...

5th Dec

Q&As

Do payments that an employee receives during maternity leave under a discretionary enhanced maternity pay policy or a discretionary bonus scheme need to be adjusted in accordance with Equality Act 2010, s 74 to take account of any increase in the employee’s pay (or in the amount she would have been paid had she not been on maternity leave)?

Employers may agree contractual terms that are more generous than the statutory entitlement for maternity pay.See, for example, Precedent:...

5th Dec

Q&As

Is it discriminatory in all cases not to pay a bonus to a female employee who is on maternity leave? For example, what is the position in relation to a bonus awarded on the basis of team (as opposed to individual) performance?

You may wish to consider:•whether the bonus falls within ‘terms and conditions about remuneration’•the effect of the maternity equality clause,...

5th Dec

Q&As

Can an individual bring an equality of terms (equal pay) claim under the Equality Act 2010 in respect of a comparator who is a person of the same sex as the claimant?

The Equality Act 2010 (EqA 2010) contains provisions designed to achieve equality between men and women in pay and other terms of employment where the...

5th Dec

Q&As

If a part-time employee succeeds in an equal pay (equality of terms) claim, using a full-time comparator, is their award calculated on the difference between their actual pay and (a) that of the full-time comparator or (b) the equal pay they should have received?

Sections 64–66 of the Equality Act 2010 (EqA 2010) imposes an equality clause into a person's (A's) terms of work, or an equality rule into an...

5th Dec

Q&As

Is it lawful to include a pay secrecy clause in a worker’s contract?

There is nothing in principle to prevent an employer from including in the contract of employment (or worker’s contract) a ‘pay secrecy clause’ which...

5th Dec

Q&As

Is it lawful for an employer to operate an enhanced contractual maternity pay scheme under which an employee is obliged to return to work after maternity leave for a minimum period in order to retain the enhanced element of maternity pay she has received, failing which that element becomes repayable?

In relation to contractual maternity pay, employers may agree contractual terms that are more generous than statutory entitlement for maternity pay....

5th Dec

Equality of terms

View Employment by content type:

Latest Employment News

CJEU rules on discrimination within a group of people who have disabilities (VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie)

UK formally triggers Article 50—what is the next target?

Brexit Bulletin—UK preparations in the two months to exit day

Brexit Bulletin—getting to grips with retained EU law

Featured Employment content

Payment in lieu of notice (PILON)

Letter—secondment letter (employer—employee)

The duty of fidelity and fiduciary duties

Letter—from employer placing employee on garden leave

Most recent Equality of terms content

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