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Employment law - Equal Pay.
The Equal Pay Act of 2010 is designed to prevent discrimination in the work place. When it comes to equal pay this normally manifests itself in an employee's salary, bonuses or benefits. Normally any discrimination outside of this is covered as a sex discrimination issue.
The Equality Act states that women must be paid the same as men when undertaking the same work, to establish that you are doing the same work the work needs to be 'broadly similar', if needs be, a job evaluation study can be undertaken to establish this.
It is possible to bring a claim showing that the work you do is of 'equal value' to a colleague, which would be that the demands of the job are the same; it can be difficult to establish proof and may require expert assessment.
How to make a claim.
You will need to identify the member of staff and their role in the company, if possible identify multiple examples, the member of staff does not need to be working on the same site as you, nor presently employed.
You will need to establish that the work is comparable and request that your employer proves that the reason your pay is not the same is based on other factors than your sex.
It is possible to bring a claim if you cannot identify a colleague but you believe there is discrimination, your employment solicitors will be able to give guidance on this.
With all claims there are time limits involved, whilst you are employed you can make a claim or within a six month period from the end of your contract, if you are outside of this time frame you may still be able to make a claim through the courts but not at an employment tribunal.
If you are unsure on time frames and the process you can go to the ACAS website and view the code of conduct, speak to your solicitor or union representative.
We would recommend that before you begin your complaints procedure you obtain advice.
Complications can arise over the type of claim you have, is it sex discrimination or equal pay if your claim is classed as sex discrimination the time frame is shorter (three months).
ACAS
ACAS, are a publicaly funded organisation who are brilliant in these situations, they can be contacted on their helpline 0300 123 1100 or you can visit their web site
http://www.acas.org.uk/index.aspx?articleid=1811
They should be able to act in conciliation to try to conclude the matter early.
Compensation
You can claim up to six years backdated pay including interest.
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