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Remuneration
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Entitlement to equal remuneration.
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19.—(1) It shall be a term of the contract under which A is employed that, subject to this Act, A shall at any time be entitled to the same rate of remuneration for the work which A is employed to do as B who, at that or any other relevant time, is employed to do like work by the same or an associated employer.
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(2) In this section—
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(a) “employed” includes, in addition to employment under a contract of employment, employment under a contract personally to execute any work or labour, and
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(b) in relation to a particular time, a relevant time is any time (including a time before the commencement of this Act) during the 3 years which precede, or the 3 years which follow, the particular time.
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(3) For the purposes of this Part, where B's employer is an associated employer of A's employer, A and B shall not be regarded as employed to do like work unless they both have the same or reasonably comparable terms and conditions of employment.
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(4) Where a term of a contract or a criterion applied to employees (including A and B)—
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(a) applies to all the employees of a particular employer or to a particular class of such employees (including A and B),
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(b) is such that the remuneration of those employees who fulfil the term or criterion is different from that of those who do not,
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(c) is such that the proportion of employees who are disadvantaged by the term or criterion is substantially higher in the case of those of the same sex as A than in the case of those of the same sex as B, and
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(d) cannot be justified by objective factors unrelated to A's sex,
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then, for the purpose of subsection (1), A and B shall each be treated as fulfilling or, as the case may be, as not fulfilling the term or criterion, whichever results in the higher remuneration.
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(5) Subject to subsection (4), nothing in this Part shall prevent an employer from paying, on grounds other than the gender ground, different rates of remuneration to different employees.
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