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With reference to the above, I am of the considered opinion that you have a strong case against your employer Vis – à – Vis the unequal payment made to you for services rendered. You have stated that you have been working for Modern Computers Ltd, since the past five years…
This is a clear - cut case of Discrimination based on Sex. When you apprised your personnel manager about this disparity in the salary being paid to you, the personnel manager took no cognizance of your claim.
The legal position with respect to your claim is that The Equal Pay Act of 1970(as amended on July 2003) makes it imperative for employers to pay the same wages for the same work to both men and women and that there should be no discrimination on the basis of gender. Therefore, your employer has transgressed the law. Hence, you can apply to The Employment Tribunal for claiming equal remuneration.
Based on the decisions given by various courts in the United Kingdom in similar cases, I can assure you that you will definitely get remuneration equal to what has been paid to you male colleagues. The number of such gender bias cases is very many and in most of these cases, the applicant has been successful.
Ms. Samrita Kaur has approached our firm in order to obtain legal aid as she is of the opinion that she has been discriminated against by her employer in respect of the remuneration being paid to her, since this was less than what her male colleagues were being paid. In this connection, she further states that her personnel manager chose to ignore her claim for higher remuneration. It is my opinion that under these circumstances, she has no other alternative than to approach The Employment Tribunal to seek redressal for her grievance.
The E.P.A has been interpreted to cover indirect as well as direct sex discrimination. In other words, the E.P.A will be applicable to cases where the pay difference is due to a condition or practice, which applies to men and women but which adversely, affects a considerably larger proportion of one sex than the other and further, when it is not justifiable, irrespective of sex, to apply that condition or practice.
The appropriate statutory procedure to be followed is that the aggrieved woman has to ...
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