Labour & European Law Review
17 May 2017
Following the introduction of the gender pay gap regulations last month, the government has launched a gender pay gap “viewing service” giving the public access to the information that companies publish.
The Equality Act allows employers to discriminate against their employees as long as they can objectively justify it. In Chief Constable of West Midlands Police and ors v Harrod and ors, the Court of Appeal held that the job of tribunals was not to challenge an employer's legitimate decision about how they allocate resources and whether they represent a genuine "need"; but rather to balance it against the impact complained of.
The law provides that where a claimant contacts Acas and enters early conciliation (EC) during the limitation period, the period of EC stops the clock when calculating the time limit. In The Commissioners for HMRC v Garau, the Employment Appeal Tribunal (EAT) held that as the regulations only allow for one certificate, a second certificate could not extend the time period for bringing a claim.