Tag archives: equal pay

Ethnicity pay gap reporting in the UK

As reported in an earlier post, the UK Government introduced mandatory gender pay gap reporting in 2017.

An independent review conducted in 2017, Race in the workplace, made a number of recommendations for removing the barriers to workplace progression faced by ethnic minorities including the introduction of mandatory reporting of ethnicity pay data. At that time the UK Government expressed a preference for a voluntary approach to ethnicity pay reporting.

However, following a later report revealing that very few employers collect ethnicity pay data, the Government has decided that mandatory ethnicity pay reporting is necessary to enable employers to … Continue Reading

Bericht zur Gleichstellung und Entgeltgleichheit erstmals in 2018 aufzustellen!

Die Umsetzung guter Vorsätze: Erstmaliger Entgeltbericht nach dem Entgelttransparenzgesetz

Ganz oben auf der To-Do-Liste für 2018 steht – neben den Vorsätzen für das neue Jahr – für viele Unternehmen die erstmalige Aufstellung des Berichts zur Gleichstellung und Entgeltgleichheit nach dem Entgelttransparenzgesetz. Der Bericht ist im Jahr 2018 erstmals zu erstellen – Berichtszeitraum ist dabei das Kalenderjahr 2016 – und dem nächsten Lagebericht nach § 289 HGB als Anlage beizufügen sowie im Bundesanzeiger zu veröffentlichen.

Wer ist betroffen?

Betroffen sind alle Arbeitgeber mit in der Regel mehr als 500 Beschäftigten, die zur Erstellung eines Lageberichts (§§ 264 und 289 HGB) verpflichtet … Continue Reading

What rights and protections are there for part-time workers in the UK?

In the UK, before June 2000 there was no express protection for part-time workers against less favourable treatment when compared with those who work full time. Their only options for legal redress were by way of an equal pay or sex discrimination claim. In 2000 the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (the Regulations) came into force providing specific protection for part-time employees and workers.

What is a part-time worker?

In the Regulations, a part-time worker is defined as a person who is paid wholly or in part by reference to the time they work, and who is … Continue Reading

Fair P(l)ay in Germany? – What measures are in place (or proposed) to address gender pay inequality in the workplace

This post was also contributed by Ebru Tirel, Trainee, Norton Rose Fulbright LLP (Munich).

In Germany, “Equal Pay Day” is widely observed. It marks the day from which women are deemed to start to earn wages in that calendar year, where men have started to earn wages since January 1st. This year, Equal Pay Day was on 19 March.

According to a report of the German Federal Statistical Office DESTATIS dated 16 March 2016 regarding the gender pay gap in 2015, women earn 21 percent less than men. This inequality is due to various factors: Women often choose professions in … Continue Reading

What protection do employees have against discrimination on grounds of gender in France?

Discrimination based on an employee’s gender is a sensitive topic in France as, in spite of the numerous laws voted with the intention of tackling this issue, the national institute of statistics and information about economy recently disclosed that the global gap in average remuneration between men and women was still approximately 19% in 2013, although on the basis of equivalent positions and conditions (business sector, age, employment category, working conditions), the gap was around 10%. The good news however, is that the gap is narrowing each year.

Employees’ protection against discrimination based on gender is principally ensured through the … Continue Reading

What protection do employees have from discrimination on grounds of gender in the UK?

Although discrimination on grounds of gender – or sex – regarding pay and other contractual terms of employment was first made unlawful in Great Britain in 1970 under the Equal Pay Act, sex discrimination in respect of all aspects of the employment relationship was first made unlawful in 1975. The current law on sex discrimination is now set out in the Equality Act 2010 (the Act) which provides for protection from discrimination in the workplace on the grounds of a number of protected characteristics including disability, race, sex, age, sexual orientation, pregnancy and maternity, religion or belief, gender reassignment and … Continue Reading

Equal job, equal pay (and equal pay increase)

The legal context

Remuneration is a fairly sensitive matter in France. Although the determination of the level of remuneration of employees is not strictly regulated (only minimum levels of remuneration are provided by the law and by the relevant collective bargaining agreement), the freedom of employers is limited by the “equal job, equal pay” principle and by the prohibition of discrimination on remuneration.

More specifically, case law now requires that variable pay based on performance should be set on the basis of objective criteria and calculation methods fixed at the beginning of the relevant performance period, and communicated clearly in … Continue Reading

What protection from discrimination do employees have on the grounds of sexual orientation?

This article was written by Yusuf Peer, an Associate at Norton Rose Fulbright South Africa

South Africa has a long history of discrimination, primarily based on race, due to its former apartheid policies. In addition to race however, there is also a history of discrimination and intolerance based on other grounds such as gender and sexual orientation.

On the fall of apartheid, the Constitution of Republic of South Africa, 1996 (Constitution) was enacted in order to undo the injustices of the past, and to protect and promote human dignity, equality and freedom. One of the rights enshrined in … Continue Reading

The Small Business, Enterprise and Employment Act 2015 – new employment legislation in the UK

The Small Business, Enterprise and Employment Act 2015 (the SBEEA) received Royal Assent in the UK on 26 March 2015, although most of the employment provisions contained in Part 11 require a commencement order to bring them into force. It is therefore not certain when many of the provisions listed below will have effect. The exception is the provisions on employment tribunal postponements which came into force on 26 March 2015 .

 

  • Equal Pay Transparency: Section 147 of the SBEEA requires that as soon as possible and by no later than 26 March 2016 regulations must be made
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