Employment law - Equal Pay.

Equal pay law is designed to ensure that men and women receive equal pay and contractual benefits for equal work. In England, Wales and Scotland, equal pay rights are covered by the Equality Act 2010.

Equal pay claims usually concern pay and other contractual terms, including salary, bonuses, pension contributions, holiday pay, overtime, sick pay, redundancy pay, working hours, and contractual benefits. Other types of unfair treatment may be classed as sex discrimination, which can involve different legal tests and shorter time limits.

What Counts as Equal Work?

Under the Equality Act 2010, men and women in the same employment should receive equal pay if they are doing equal work, unless the employer can show that the difference is due to a genuine material factor that is not because of sex.

Equal work can include work that is the same or broadly similar, work that has been rated as equivalent under a job evaluation scheme, or work that is of equal value in terms of the demands made on the employee. This can include factors such as skill, responsibility, effort, experience and working conditions.

Comparing Your Pay With a Colleague

To bring an equal pay claim, it is usually necessary to identify a comparator. This is someone of the opposite sex who is doing equal work but receiving better pay or contractual terms. The comparator need not work at the same site and may be a current or former employee, depending on the circumstances.

It can help to identify more than one possible comparator where evidence is available. A solicitor can help assess whether the roles are legally comparable and whether the pay difference may be challengeable.

Equal Value Claims

Some equal pay claims are based on work of equal value. This means the jobs are different, but the level of skill, effort, responsibility or demands may be equivalent. These cases can be more complex and may require detailed evidence or expert assessment.

If the work is found to be equal, the employer will usually need to explain why the pay difference exists. A difference in pay may be lawful if it is genuinely due to a non-discriminatory reason, such as experience, location, seniority, performance or another material factor.

Time Limits for Equal Pay Claims

Strict time limits apply. Equal pay claims in an employment tribunal usually need to be brought within six months less one day of the end of the employment or the relevant contract. Different rules can apply where employment is continuing, where there has been a change of contract or where the claim is brought in the civil courts.

Sex discrimination claims usually have a shorter time limit, commonly three months less one day from the act complained about. Because the correct type of claim and the deadline can be difficult to assess, it is sensible to get advice as early as possible.

Compensation and Back Pay

If an equal pay claim succeeds, compensation may include arrears of pay and interest. In England and Wales, back pay can usually be paid for up to 6 years from the date the claim is brought. In Scotland, the usual period is five years.

Getting Advice Before Making a Claim

Before starting a formal complaint or tribunal claim, it is advisable to obtain legal advice. You may also be able to speak to ACAS, your trade union or an employment solicitor. ACAS can provide guidance and may assist with early conciliation before an employment tribunal claim is issued.

Find an Employment Solicitor

To find a solicitor who may be able to help with an equal pay claim, use the search facility, select Employment Law and enter your location.