EQUAL PAY FOR EQUAL WORK #IWD2017

International Women’s Day is being celebrated today, on Wednesday 8^th March. This gives Northern Ireland, together with the rest of the world, the opportunity to acknowledge the huge contribution that women make to our society. Although women’s rights have greatly improved over the years, many challenges still remain.

As recently as Monday MPs gathered to discuss sexist workplace dress codes following a petition launched after Nicola Thorp was told to go home from her receptionist job after refusing to wear high heels. Clearly inequality remains an issue even in 2017.

CURRENT CHALLENGES

Within an employment law context, women in Northern Ireland continue to also experience issues with regards to:

• Equal Pay
• Flexible Working
• Sex Discrimination
• Sexual Harassment
• Pregnancy Discrimination
• Unlawful Deduction of Wages

EQUAL PAY

The issue of Equal Pay remains despite more than four decades since the Equal Pay Act came into force. Of all the injustices women face in the workplace arguably Equal Pay for Equal Work is the most damaging to progress. It was at the heart of a case which recently went before an Industrial Tribunal in Northern Ireland, namely the case of Paczkowska & Golygowska v Avoca Handweavers (NI) Limited (Case Ref 01128/15IT & 01130/15IT).

This case involved two female barristas who were employed at Avoca’s Arthur Street Café in Belfast. Both females alleged that despite the fact they performed the same work, their male colleague had always received a significantly higher rate of pay.

In pursuing their claim, the claimants alleged that the disparity in their pay was on the basis of their sex and accordingly they sought protection under the Equal Pay Act (Northern Ireland) 1970.

In response, the Respondent asserted a ‘material factor’ defence. In doing so, it was argued that the disparity in pay was actually as a result of the male colleague’s length of service and market factors and not on the basis of his gender.

In reaching its decision, the Tribunal reminded itself that,

“the purpose of the equal pay law is not to ensure employees are paid equally for equal work but to ensure the elimination of discrimination on the ground of sex. Therefore, if there is not any discrimination on the ground of sex there is not a valid equal pay claim”

Ultimately, the Tribunal in this case was not persuaded that the Respondent had established a material factor defence. As a result, the Respondent was unable to rebut the presumption that the disparity in pay was due to the difference in sex.

The claimants were therefore successful in their equal pay claim against their employer.

EQUALITY COMMISSION SUPPORT

It is worth noting that both claimants in the aforementioned case were backed by the Equality Commission for Northern Ireland. Commenting on the outcome of the case, Dr Evelyn Collins, Chief Executive of the Equality Commission, stated:

“The law governing equal pay can seem complex, but its essence is very simple –men and women doing equal work for the same employer should get the same reward for it”

The Equality Commission has also published a short guide on Sex Discrimination and Equal Pay in Northern Ireland which provides a useful introduction to this area.

OPPORTUNITY FOR REVIEW

According to a recent report by PwC it could take until 2041 to fully close the gender pay gap in the UK, although it is somewhat reassuring to see Northern Ireland named in the report as the region making the most progress on the issue of equal pay.

As we celebrate International Woman’s Day, I invite employers in Northern Ireland to familiarise themselves with their obligations and review their policies, practices and procedures to ensure that their female employees are afforded the protection they are entitled to. The theme of International Women’s Day 2017 is #BeBoldForChange and further information and resources are available from www.internationalwomensday.com/BeBold

Emma McIlveen, Barrister at Law