equality clause

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A clause in a contract of employment stipulating that if a woman is employed on similar work to that of a man in the same employment, or on work rated as equivalent or of equal value to his, the terms of her contract must place her in no less favourable a position than the man. A contract not containing such a clause (either directly or as a result of some collective agreement) is deemed to include one by virtue of the Equal Pay Act 1970 as amended by the Sex Discrimination Acts 1975 and 1986 and by the Equal Pay (Amendment) Regulations 1983. However, the clause does not affect certain statutory requirements concerning the employment of women (e.g. with respect to health and safety requirements) or their maternity rights. Case: (Hayward v Cammell Laird Shipbuilders Ltd [1988] IAC 894 (HL). See also equal pay; sex discrimination.

Subjects: Law.

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