All things being equal? Womens' pay unlikely to bridge the gap for over 50 years.

The Times reported today 19.08.10, that  at current rates of closure of the inequality gap, womens' pay is unlikely to reach that of comparable mens' pay until 2067. This is despite the passing of the Equal Pay Act in 1970.

In October 2010, the most significant change to discrimination legislation since the Equal Pay Act of the 1970's takes place when the Equality Act 2010 (the Act) comes into force.

The legislation relating to discrimination law is very complex and there are numerous relevant statutes, statutory instruments and European Directives. These are set out under separate headings below. Most of the legislation listed below will be entirely replaced by the new Act once it is fully in force.

 Main statute

• Equality Act 2010
• Equal Pay Act 1970*
• Sex Discrimination Act 1975*
• Race Relations Act 1976* - as amended by the Race Relations (Amendment) Act 2000
• Disability Discrimination Act 1995*
• Equality Act 2006*

Statutory instruments

Age discrimination

• The Employment Equality (Age) Regulations 2006 (SI 2006/1031)*
• The Employment Equality (Age) (Amendment) Regulations 2006 (SI 2006/2408)
• The Employment Equality (Age) (Consequential Amendments) Regulations 2007 (SI 2007/825)

Disability discrimination

• The Disability Discrimination (Meaning of Disability) Regulations 1996 (SI 1996/1455)
• The Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003 (SI 2003/712)
• The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (SI 2003/1673)

Equal pay

• The Equal Pay (Question and Replies) Order 2003 (SI 2003/722)
• The Equal Pay Act 1970 (Amendment) Regulations 2003 (SI 2003/1656)
• The Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005 (SI 2005/1923)

Race discrimination

• The Race Relations Act 1976 (Statutory Duties) Order 2001 (SI 2001/3458)
• The Race Relations Act 1976 (Amendment) Regulations 2003 (SI 2003/1626)

Religious discrimination

• The Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660)*
• The Employment Equality (Religion or Belief) (Amendment) Regulations 2003 (SI 2003/2828)
• The Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007 (SI 2007/2269)

Sex discrimination

• The Sex Discrimination (Question and Replies) Order 1975 (SI 1975/2048)
• The Sex Discrimination (Gender Reassignment) Regulations 1999 (SI 1999/1102)
• The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (SI 2003/1657)
• The Sex Discrimination Act 1975 (Amendment) Regulations 2008 (SI 2008/656)

Sexual orientation discrimination

• The Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661)*
• The Employment Equality (Sexual Orientation) Regulations (Amendment) Regulations (SI 2003/2827)
• The Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263)
• The Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007 (SI 2007/2269)

Additional statutes and statutory instruments dealing with discrimination

These include:

• The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)
• The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002(SI 2002/2034)
• Employment Rights Act 1996 (sections relating to maternity and dependant carer leave)
• Race Relations (Amendment) Act 2000
• Protection from Harassment Act 1997
• Racial and Religious Hatred Act 2006

European directives:

• Equal Treatment Framework Directive (2000/78/EC)
• Equal Treatment Amendment Directive (2002/73/EC)
• Race Directive (2000/43/EC)
• Directive implementing the principle of equal treatment between men and women in the access to and supply of goods and services (2004/113/EC)
• Directive on equality between men and women in matters of employment and occupation (2006/54)

*Will be replaced by the Equality Act 2010 from October 2010 onwards.

For further information on what the Equality Act 2010 will mean for you or your business, please contact our expert Rebecca Hardy at rh@kidwellssolicitors.co.uk.