15th December 2021

Employment Law Advent Calendar: Day 15

It’s the 15th of December and I’m having snow much fun with my Employment Law Advent Calen-deer. Look behind door number 15 for who or what is there to help employers make everything in the workplace tremendous this Christmas.

It’s 5 Gold Rings

Equal pay for equal work is a subject that is never far from the headlines and as this is a time of year when employees can be working overtime or receiving Christmas bonuses, it is important that employers are aware of their obligations.

What should employers be aware of?

The Equality Act 2010 sets out that men and women in the same employment performing like work, work rated as equivalent or work or equal value must receive equal pay, unless any difference in pay can be justified.

Equal pay applies to all contractual terms including basic pay, non-discretionary bonuses, overtime and allowance, benefits in kind and performance-related benefits.

The Equality Act protects employees if they have conversations about pay for the purposes of establishing if there is an issue about equal pay.

What can employers do to avoid claims?

  • Adopt transparent pay structures and processes.
  • Be aware of conscious and unconscious bias and how it may be affecting any decisions relating to pay.
  • Carry out pay audits to check consistency and take legal advice if there’s any doubt at all about their findings. This is a complex issue and can be prove to be very expensive if claims are made by employees.

Make sure you elf a merry little Christmas and contact a member of the Blackadders Employment Team working in Aberdeen, Dundee, Edinburgh, Glasgow, Perth and across Scotland for help and advice.

Donna Reynolds, Partner
Accredited by the Law Society of Scotland as a Specialist in Employment Law & Discrimination Law
Employment Law
Blackadders LLP


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