The discrimination in pay is regulated by the Equal Pay Act, 1970 and Article 141 of the EC Treaty. Under the provisions of the Equal Pay Act, 1970 besides wages, ‘pay’ also includes other contractual entitlements such as holiday pay, discounts, vouchers and subsidies. When there is a discrimination related to a discretionary payment or allowance, the claim ought to be brought under the Sex Discrimination Act 1975. Pay also covers any benefit whether contractual or not, which is received due to employment relationship.
Each separate contractual term is guided by the principle of equal pay and if required a corresponding term may be inserted in the woman's contract. Occupational pensions are also included in 'pay' and are covered by the Pensions Act 1995. The Equal Pay Act is applicable from the first day of employment irrespective of the number of hours the employee has worked per week and is equally applicable with respect to both men and women. The Equal Pay Act has also protects employees, trainees undergoing vocational training, agency workers and self-employed workers who are personally contracted to undertake the work. The scope of equal pay protection was substantially widened by the European law. The definition of pay under the EC Treaty is much broader and includes such benefits not covered by the Equal Pay Act, 1970. Some other provisions of the European Law include Equal Pay Directive and EC Code of Practice on the Implementation of Equal Pay for Work of Equal Value.