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Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender?

Downie, Margaret

Authors

Margaret Downie



Abstract

UK law treats equal pay claims based on gender (brought under the equal pay provisions of Part 5 Chapter 3 of the Equality Act 2010) differently from equal pay claims based on other protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sexual orientation (brought under the general discrimination provisions in Chapter 2 of that Act). This article considers the impact of the differences on each group of claimants. It concludes that the separate system of equal pay for the protected characteristic of sex ignores other inequalities of pay and that the inconsistent way the United Kingdom treats these issues leads to inequality among disadvantaged groups. It recommends that the United Kingdom should take a more consistent approach to pay gaps.

Citation

DOWNIE, M. 2019. Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? International journal of decrimination and the law [online], 19(1), pages 4-25. Available from: https://doi.org/10.1177/1358229118817163

Journal Article Type Article
Acceptance Date Nov 16, 2018
Online Publication Date Jan 8, 2019
Publication Date Mar 31, 2019
Deposit Date Jan 17, 2019
Publicly Available Date Jan 17, 2019
Journal International journal of discrimination and the law
Print ISSN 1358-2291
Electronic ISSN 2047-9468
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 19
Issue 1
Pages 4-25
DOI https://doi.org/10.1177/1358229118817163
Keywords Equal pay; Pay gaps; Protected characteristics; Transparency; Remedies
Public URL http://hdl.handle.net/10059/3264

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