Uk Employment Law and Eu Influence Essay

The Equal Pay Act set in the United States in 1963 is a labor law removes the wage inequality between men and women. This was a law that was specifically designed so that everyone is required to be paid the same amount. If a man and a woman are both working the same job title in the same work place there should not be any difference in the amount of pay received. The creation of this law was much more important than many people realized, because women were completing the same jobs but offered less money because of their gender and not quality of their work.The sole purpose of the equal pay is give women the same ability to make a living as a male, which closes the gender pay gap and keeps women for being paid 78 cents on a dollar. This pay act helps hold the employer accountable for making sure no one is not being compensated for things in their job description. In this paper I will speaking about The EEOC Sues Checkers and the Phillips V. Marietta Corp which are two specific cases that shows how people have been discriminated against because of their gender, this highlights the importance of The Equal Pay Act and what it actually stands for.

The Equal Pay Act 1970 (1984)- says that women must be paid the same as men when they are doing the same job.

The second reading of the debate of the bill, machinists got be to cited next to MP Shirley Summerskill due to playing an important part in history for the struggle of equal pay. When the UK joined the European union in 1973, became under the subject of article 119 of the 1957 treaty of Rome. That specifies that men and women should receive equal pay for equal work. All the women were in the union; it was a strong force to backed them up. In 1983, the “Equal Value Amendment Regulations” passed as an amendment to the Equal Pay Act. The European Court of Justice had found that UK legislation was not sufficient to provide for equal work for equal value for all employees. The new legislation gave women the right to go to an employment tribunal on a new ground: that they felt their work was of equal value to men in the same organization. The women at Ford used this to challenge Ford’s discriminatory job evaluation scheme, but the employment tribunal ruled against them and turned down their appeal in 1984. With their renewed hopes once again unfulfilled by the law, the women at Ford took strike action in December 1984. (Source 4)

Origins of employment law date back to the 14th century, with the first labour legislation, the Ordinance of Labourers, being passed in 1349. It maintained wages at rates to be fixed from time to time by justice of the peace. However, it is not really until the early 19th century that we see a significant increase in change in employment law, and an ever-increasing speed of change and innovation, giving more and more legal protection to workers.

(4) Are Article 119 and the equal pay directive of direct effect in the circumstances of this case?

The applied principle for this issue is labor (chapter 9, section 1) since a majority of the workforce is made up of men. While a larger proportion of women are entering the workforce, uneven representation across occupations and industries carries on. Uneven pay is also amongst one of the factors that causes an unspoken discrimination towards

• EU Law = Working Time Directive (2003/88/EC). Protects workforces’ health and safety, working hours must meet minimum standards related in the EU. Northern Ireland government policy states employment law should be generally in line with the law in Great Britain. The only main distinction was discrimination on grounds of religious belief and political opinion.

- Describe the role played by the tribunal and courts systems in enforcing employment law

Most EU law is also introduced into UK law via statutes. European Union directive can be interpreted into domestic law as it is less specific and most European Union influence on UK employment law has been through directives.

Equal Pay The Equality Act 2010, which encompasses the Equal Act 1970, made it unlawful to pay men and women differently if they were employed in :

However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.

Chapter 43.2 Under the Equal Pay Act Equal work is defined as paying both gender employees’, male and female, the same/equal amount of pay in terms of skills, efforts, responsibility and working conditions.

The Equal Pay Act and its subsequent amendments provide for members of one sex to claim equal pay with a member of the opposite sex who is doing like work, or work of a different nature which can be shown to be similar in terms of the requirements for skill and effort , that is work of equal value. The Equal Pay Act is dealt with in more detail in Chapter 11, which examines payment systems and the evaluation systems and the evaluation jobs. The major points to be made here is that it would be unlawful to advertise different pay rates for men and women doing the same work, or to offer employees of one sex disadvantageous terms and conditions.

the submission of equal pay regime did not operate as a “pay equity” scheme that would require comparison across industries or entire occupations. The defendant view was that a employment agreement provided equal pay if there was no element of differentiation in the rates an employer paid its female employees and its male employees for the work or class of work’, where they had similar skills, responsibilities an service. Waalkens said that paying four males at the same rate as women carers was not submitted as a complete defence, but as highly relevant evidence the Court must

The general principal behind this act is to ensure employees welfare and quality of life is safeguarded. Employees should therefore welcome and support any effort by the organization to adhere to its recommendation. Furthermore, adhering to this law ensures compensation discrimination is avoided. This is especially true considering FLSA was amended by the Equal Pay Act (EPA) in 1963. As a result, employers are restricted from paying unequal salary based on ones gender. Employees should be compensated equally provided they perform similar jobs, encompassing similar responsibilities and under same conditions (Ross, 2011).