The Equality Act 2010 contains provisions designed to achieve equality in the workplace and provide protection against discrimination on grounds of sex. The Act aims to ensure equality between men and women in respect of pay and other terms of employment where the work of an employee and their comparator (a person of the opposite sex for this purpose) are equal. It does so by providing for a sex equality clause to be read into the employee’s contract of employment. This is designed to ensure parity of terms between the employee and their comparator. A similar provision, referred to as a sex equality rule, is implied into the terms of pension schemes.
The Act implies an equality clause into a person’s (A) terms of work, or an equality rule into an occupational pension scheme, where A either:
- •
is employed on work that is equal to the work that a comparator of the opposite sex (B) does
- •
holds a personal or public office and does work that is equal to the
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