Do we have to include non-contractual benefits, like discretionary bonuses, in working out the comparison?

 

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11. Do we have to include non-contractual benefits, like discretionary bonuses, in working out the comparison?

Non-contractual benefits - such as:
  • Discretionary bonuses.
  • Training.
  • Promotion.
are not covered under the Equal Pay Act, but they are covered under the Sex Discrimination Act. Awards under the Equal Pay Act are limited to the amounts that would have been paid, backdated by up to six years (five years in Scotland). Awards under the Sex Discrimination Act are potentially unlimited, and can include substantial amounts for hurt feelings. Legal advice may therefore be desirable.