Indirect discrimination and equal pay

Sometimes the employer’s reason for paying more is indirectly discriminatory. For example, different pay rates based on length of service may discriminate against women because time off for childcare means it takes longer to accumulate the same amount of continuous service, or shift premium payments reward anti-social hours, that are better suited to most men than to women with caring responsibilities.

Employers can justify indirect discrimination where they can show it is a proportionate means of achieving a legitimate aim, for example, attracting people to work in difficult locations or over awkward hours, to make sure there are enough workers to cover night shifts and weekends.

For examples and tribunal cases, see LRD’s annual employment law guide Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1723).