Equality of terms (equal pay)

This subtopic examines the concept of equal pay referred to as 'equality of terms' under the Equality Act 2010 (EqA 2010). The EqA 2010 contains provisions designed to achieve equality between men and women in pay and other terms of employment where the work of an employee and his or her comparator—a person of the opposite sex—is 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.

Territorial extent and scope of the Equality Act 2010

The provisions of an Act of Parliament will have:

•
territorial extent—this is the area within which those provisions are law, and
•
territorial application—this means the persons and matters in relation to which the provisions operate

EqA 2010 declares its territorial extent expressly, clearly and unequivocally, but is silent as to its territorial application or scope.

The Explanatory Notes to the EqA 2010 say as follows:

'As far as territorial application is concerned, in relation to Part 5 (work) and following the precedent

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