Equal pay for equal work

legal updates

Jeremy Vine was paid almost seven times more than Samira Ahmed for what the Tribunal concluded were ‘minor differences’ in their work.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Samira Ahmed won her equal pay claim against the BBC when the Employment Tribunal unanimously agreed that Ahmed’s work presenting the BBC programme Newswatch, was equal to that of Jeremy Vine as presenter of Points of View.

Jeremy Vine was paid almost seven times more than Samira Ahmed for what the Tribunal concluded were ‘minor differences’ in their work.  The BBC’s argument the difference was justified as Jeremy Vine has the ‘glint in his eye’, required for the presentation of Points Of View, fell on deaf ears when the ET would not accept that a ‘glint in the eye’ is a skill or experience.  

The Tribunal found Samira Ahmed’s work to be of equal value after the BBC failed to show any valid reason for the difference in pay and failed to prove any sex discrimination was not involved.  

In considering whether employee’s work is equal, the focus should be on what each of them does and if there are any differences between what they do, the nature and extent of those differences and the frequency with which they occur.  This can include responsibility.  A number of factors should be taken into account to determine whether the work performed is of equal value, such as the nature of the activities, the training required to carry them out and the working conditions in which the work is carried out.  The rebuttable presumption of sex discrimination arises when the gender-based comparison shows that a woman doing work equivalent or of equal value to that of a man is being paid or treated less favourably.  The burden is upon the employer to prove the difference is not the ‘difference of sex’. 

The gender pay gap has been news for some time, since changes to the Equality Act came into force in April 2017, and companies with more than 250 employees have been legally required to report their gender pay gap figures by the end of the financial year.  The gender pay gap is the average difference between hourly wages for men and women and is caused by numerous things, such as having fewer women in senior or more high-earning roles or more women working part-time.  The Gender Pay gap and Equal Pay are not the same thing.  Equal pay has been a legal requirement since the Equal Pay Act was introduced in 1970, but unlawful sex discrimination in pay remains common, as this landmark case has shown. 

The National Union of Journalists say the outcome of the Samira Ahmed case should be a ‘wake-up call’ to all employers and that stamping out the scourge of unequal pay at work should be a priority of all employers. 

However, many employers still fail to provide transparency about their pay structures and pay awards, with the TUC reporting this week that one in five workers are contractually banned from revealing their pay.  Pay secrecy clauses and a lack of pay transparency can lead to a lack of trust and a suspicion amongst employees that there is in fact, no rationale behind pay differences within an organisation.

HowdenCompetitive, comprehensive, quick

One of the largest independent specialist motor trade brokers in the UK. Our extensive history of supplying insurance to the motor trade means we understand your business needs. By partnering with a specialist insurance broker like us, you get exactly what you need to protect your business.

Polly DaviesLegal AdvisorRead More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Changes to Flexible Working

Unveil the new landscape of flexible working rights with the Employment Relations (Flexible Working) Act 2023, now granting ‘day-one’ rights to employees and setting a precedent for more adaptable workplace practices effective from 6 April 2024.

New employment legislation effective from 6 April 2024

Enhanced employee rights, offering day-one entitlements to carer’s leave, flexible working arrangements, and extended redundancy protection for pregnant employees and those on family leave.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.