HL Deb 21 January 2004 vol 657 cc140-1WA
Viscount Astor

asked Her Majesty's Government:

Whether, under the provisions of the Equal Pay Act 1970, benefits such as free accommodation can be taken into account in determining equal pay. [HL757]

Lord Sainsbury of Turville

Under the Equal Pay Act 1970, contractual benefits such as free accommodation can be taken into account in determining equal pay. The Equal Pay Act applies to all terms of the contract of employment (whether concerned with pay or not). The Sex Discrimination Act 1975 prohibits sex discrimination in relation to non-contractual benefits provided by an employer.

Viscount Astor

asked Her Majesty's Government:

Whether, under the provisions of the Equal Pay Act 1970, benefits other than free accommodation can be taken into account in determining equal pay. [HL758]

Lord Sainsbury of Turville

Under the Equal Pay Act, any benefits that are provided in accordance with the contract of employment can be taken into account in determining equal pay. The Equal Pay Act gives men and women in the same employment doing equal work the right to equality in all terms of their contract of employment. This means that even though a man and a woman are receiving the same basic rate of pay, there may still be a breach of the Equal Pay Act if other contractual benefits (such as a company car, holidays, private health care etc) are not provided on an equal basis. The right to equality does not apply where the difference in the terms is due to a material reason other than the difference of sex.