Equal Pay and Flexible Working Bill was introduced in the House of Lords on 8th December 2008.
BASIC POSITION
CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.
This 3 clause Bill contains three proposals:
- Equal Pay. The Bill ensures that for it to be lawful for men and women to be paid differently for the same work (or work of equal value or work rated as equivalent) because of a "material factor other than the difference of sex", that factor must be objectively justified as reasonable (see Sex discrimination/equal pay and terms of employment/defence of ''genuine material factor'' ).
- Equal Pay. The Bill provides that if an employer loses an equal pay case brought by an individual employee then the employer must carry out a general equal pay audit and make the results available in a manner to be prescribed (see Sex discrimination/equal pay and terms of employment/a general introductory note ).
- Requests for Flexible Working arrangements. In May 2008 the government indicated that the right to request flexible working is to be extended to all those with parental responsibility for children aged 16 and under. In January 2009 the government confirmed that this extension will come into effect on 6th April 2009 (see notes at Flexible Working/2003 rules ). This private member's Equal Pay and Flexible Working Bill seems to go a little further - it proposes by cl 2 the complete removal of age limits leaving only the requirement that the person concerned must be a child and must be one "in respect of whom the employee satisifes prescribed consitions as to relationship".
Clause 3(2) states that the Bill will come into effect two months after it is passed. Presumably the intention is that it will be passed on 6th February 2009 to give effect to the government's stated intention to implement the "flexible working" changes on 6th April 2009.
See generall notes at Sex discrimination/equal pay and terms of employment and/or at Flexible Working/2003 rules
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updated October2009