Equal Pay and the Equality Act 2010: An Accidental Paradox in Need of Change?

Abstract

The approach in the United Kingdom to sex-based equal pay has for a long time been distinct from general sex discrimination and from equal pay based on other protected characteristics. This dichotomy allows for a greater focus on sex-based equal pay, in a distinct statutory regime, but also risks creating unnecessary, unintended and detrimental distinctions. This article outlines the different legislative approaches adopted in pursuit of related public policy goals regarding equality and explores, and suggests legislative and interpretative solutions to, a significant issue whereby problematic wording in the Equality Act 2010, and judicial interpretation of it, could unjustifiably leave sex-based claimants in a worse position than those with other protected characteristics with regard to both to injury to feelings and constructive dismissal.