Equal pay and discrimination

Pay differences and personnel decisions need legally defensible criteria. Job titles alone do not establish whether work is equal or of equal value.

Clear criteria and accountable decisions

Identify the affected group, existing rules and responsible decision-makers. Statutes, collective terms, works agreements and individual promises need to be considered together. Directors, senior executives and other employees may fall under different rules. A single corporate policy does not remove these differences.

Before implementation, define criteria, procedures and review mechanisms. Selection, pay and personnel decisions must be legally defensible and free of unlawful discrimination. Digital processes require particular attention to purpose, data access and human responsibility. Review representative participation early enough for it to influence the planned arrangement.

Documents and practical implementation

Useful documents include policies, process descriptions, contracts and technical specifications where relevant. Distinguish changes required before implementation from issues addressed through clearer responsibilities or documentation. Training and review of actual practice help maintain compliance. A changed system, purpose or organisation may require a new assessment rather than relying indefinitely on an earlier approval.

Four practical examples

These illustrative situations highlight the issues to examine. The outcome depends on the agreement and the facts that can be established.

Example 1

Two similar roles have different pay. Compare duties and the documented reasons for the difference.

Example 2

A bonus formula disadvantages one group. Assess indirect discrimination and possible justification.

Example 3

A complaint is received after recruitment. Preserve records and examine applicable claim deadlines.

Example 4

A pay review uses sensitive personnel data. Restrict access while providing the information legally required.

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Deutsch · Reviewed on 13 November 2026.

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