Equal Pay Law Advice

Introduction to equal pay 

Women are generally entitled to the same pay as male colleagues doing a similar job; circumstances where this is not the case can give rise to a claim for equal pay. 

Equal pay claims can fall into two categories – a straightforward sex discrimination claim or a claim under The Equality Act 2010 (the ‘EqA’). It can be difficult to establish which is the better option to pursue – disputes over issues like pay, benefits and bonuses will clearly fall under the EqA but in some cases may also constitute sex discrimination. As a result, claimants often pursue dual claims.

Equal pay claims under The Equality Act 2010 

The equality provisions of the EqA will cover everything that is included in the employment contract, including salary, holiday and sick pay, bonuses, overtime, and benefits like work-related pensions and health insurance.

The wording of the EqA states that women can claim pay that is equal to that of their male colleagues, as long as they are in the same employment and doing:

1. Like work i.e. work that is exactly the same or very similar to an employee of the opposite sex, where any differences in roles are not ‘of practical importance in relation to the terms of their work’.
2. Work rated as equivalent to an employee of the opposite sex under an analytical job evaluation scheme (or where a study is in itself discriminatory, work that would have been rated equivalent were it not for the discriminatory study).
3. Work of equal value i.e. the job is not the same but is equivalent in terms of what is required of the employee in terms of skills, effort, decision making etc.

Making a claim under The Equality Act 2010

An employee must bring a claim under the EqA whilst still employed under the same terms (i.e. the same contract) as the one from which the equal pay claim has arisen. If the employee has changed roles within the same company, or transferred employment, this can be treated as the end of the employment, in which case the employee will have six months in which to make the claim to the Employment Tribunal. Where the employment contract has definitively come to an end, an employee will also have six months within which to make the claim. Even where an internal grievance procedure is underway, these time limits may not automatically be extended.

The ACAS Code of Practice on Discipline and Grievance Procedures provides guidance on how to deal with disputes in the workplace. It is an important procedure to follow and failure to do so can result in penalties for both employer and employee, for example, an employee’s compensation can be reduced by 25% if the claim is successful. Where the matter that is the subject of the claim took place before 6 April 2009, a different set of rules may apply.

The process of making a claim

1. The employee must be able to identify a colleague of the opposite sex to use as a point of comparison. This should be someone employed by the same – or an associated employer – but does not have to be someone who is currently in that employment (for example, it could be a predecessor). There is no limit to the number of people who can be used as a comparison but the more people involved, the more complicated the case becomes.
2. The employee must show that their work is equal to that of the person they have chosen as a comparison. A questionnaire may be used, both to establish how much pay the employee is receiving in contrast to the person they have chosen as their point of comparison, and also to try and establish whether the employer feels the two are doing ‘equal work.’

A questionnaire is usually sent to an employer either before the claim is filed with an Employment Tribunal, or 28 days after filing. Any response should be provided within eight weeks. Although an employer does not have to respond, a tribunal may infer from a delay or a lack of response that there has been pay discrimination.

1. Once the employee has made their claim, it is then down to the employer to establish that the difference in pay is not related to that person’s sex.
2. Where an employee is successful in a claim for equal pay, compensation is in the form of backdated pay and interest for up to six years from the date the claim was lodged – as long as the employee can demonstrate they were doing equal work during that time.

Employment law advice about equal pay claims

Both men and women can make an equal pay claim, and everyone is entitled to equal pay for equal work regardless of gender. Seeking legal advice can help you to determine whether you should bring an equal pay claim or a sex discrimination claim to the Employment Tribunal. It may be advised that you make a dual claim and an employment lawyer can provide you with some tailored advice. They can also provide you with some clarity as to where you stand in the eyes of the law and what compensation you may be entitled to. 

Fill in the claim questionnaire below and our team of employment law specialists will get back to you as soon as possible to discuss equal pay claims with you in more detail.