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Sex - Protected Characteristic

Key Points

  • Equal pay provisions have been consolidated by the Equality Act 2010.
  • Comparators in sex discrimination cases can be hypothetical.
  • Contractual clauses prohibiting employees from disclosing their salary levels are, in the main, unenforceable to encourage clarity
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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