EMPLOYMENT LAW EDINBURGH

Do you need to speak to a specialist employment lawyer in Edinburgh?

nowinnofee 500 Finalist1

 

Contact Us

Invalid Input
Invalid Input
Invalid Input
Invalid Input
What type of help do you need? Invalid Input

Pick tick to confirm you have read this.
Anti-spam Verification(*)
Invalid Input

Employment Lawyers Edinburgh

For advice on all aspects of employment law, contact us today.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
Posted by on in Employment Law
  • Font size: Larger Smaller
  • Hits: 2309
  • 0 Comments

Awards and Remedies in Equal Pay Claims

If you are successful in making an equal pay claim, there are a number of actions the Employment Tribunal may take.

The Tribunal may

• Make a declaration relating to the rights of the claimant and their employer in relation to the claim brought. An example of this would be where the court makes a declaration that the claimant is entitled to a pay rise to bring their pay to the level of that of the comparator, or that any beneficial term not included in the claimants contract that is in thatof a comparator should be included.

• The tribunal may also order the employer to pay arrears of pay, or make a payment of damages to the claimant.

The Tribunal can make a declaration even if it decides not to award any compensation to the claimant. However, unlike in a sex discrimination, claim the Employment Tribunal is unable to make an award for injury to feelings.

The Employment Tribunal can award arrears of pay or any damages it deems appropriate, backdated not longer than five years from the date that proceedings were brought to the Employment Tribunal.

Similar to other discrimination cases, awards for equal pay can be made subject to interest. Such an award for arrears of pay usually will only attract interest for about half the arrears period. Interest is to be calculated as simple interest, accruing day to day in accordance with prescribed statutory rates. This is currently set at 8 per cent.

As regards tax, there is guidance for employers published by hMRC as to the tax implications of awards of arrears of pay.

Post-Employment Tribunal Equal Pay Audits

One of the consequences for employers if they lose an equal pay cliam is that under the Equality Act 2010 (Equal Pay Audits) Regulations 2014, where an Employment Tribunal finds an employer guilty of pay discrimination, the Tribunal is obliged order the employer to carry out an equal pay audit. There are certain exceptions to this rule, a Tribunal must not order an audit if:

• Such an audit has already been carried out in the previous three years and meets the requirements of the regulations

• It is clear that action is required to avoid equal pay breaches occurring or continuing and thus an audit is not required to reveal this

• The breach gives no reason to assume there may be other breaches – it appears to be a one off incident.

• The disadvantages of carrying out an audit would outweigh its benefits.

 

Employment Lawyers Edinburgh

Whether you are an employee or an employer in need of advice in relation to a an equal pay claim or any other employment law issue in Edinburgh, Scotland. Employment Law Edinburgh's team of specialist Employment solicitors can help. To get in touch, you can either call us on 0131 516 7728 or complete our enquiry form.