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How our equal pay disputes specialists can help

Equal work

It’s unlawful to be paid less than somebody of the opposite sex who carries out ‘equal work’ to you. According to the Equality Act 2010, employers are prohibited from discriminating in this way.

Before you take action, it’s important to fully understand your situation. You may be in a role that isn’t classed as ‘equal work’ to someone else’s of the opposite sex, meaning your claim could be invalid. But what constitutes as ‘equal work’? Read below for more information.

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

equal pay disputes frequently asked questions

What roles should receive equal pay? toggle accordion
Employers should pay male and female employees equally if their roles fall under one of the following categories:
  • ‘Like work’ – work that is either exactly the same or very similar. Any differences in the job role must not be significant. It matters what the actual day-to-day job role is as opposed to what is detailed in the job description. So, even if the job description differs, if the role in reality does not, this can be seen as comparable.
  • ‘Work rated as equivalent’ – work that is rated the same according to job evaluation schemes. This is where the job itself may be different, with varying tasks and priorities, but is rated as equivalent in job evaluation schemes. Work rated as equivalent includes a broad selection of roles, so it’s always best to seek advice if you feel you’re at an unfair disadvantage regarding this.
  • ‘Work of equal value’ – where job roles have equal demands, but the work is different. It is worth noting that this is the most difficult heading to bring a claim for equal pay.

When do I speak to my employer? toggle accordion
It may be worth speaking with your employer in the first instance. A reminder that they have to pay you equally could work, and would prevent you needing to take any further legal action. But this isn’t always the case, and you may find that speaking with your employer doesn’t solve anything. In which case, you may decide to bring an equal pay claim.

How do I claim an equal pay claim? toggle accordion
To bring an equal pay claim, you need to determine a ‘comparator’, or ‘comparators’ of the opposite sex. The comparator is essentially your proof of receiving unequal pay, and needs to be or have been employed by your employer. The comparator does not necessarily need to work in the same location as you; many businesses have hubs in different parts of the UK, so in this instance your employer would need to outline the terms and conditions of your differing locations.

How do I choose a comparator? toggle accordion
This is a decision that needs to be made carefully. It’s important to consider as many people as possible to ensure you have a strong case for your claim. Remember, there is no limit on the number of comparators you can choose, but your claim will become complicated the more comparators you name. Note: You cannot point to hypothetical comparators with equal pay claims. You must be able to point to an actual person, otherwise your claim will not be valid. However, if you feel you’re being discriminated against due to your sex, with this being the reason you believe is behind your unequal contractual pay, you can bring a sex discrimination claim without a physical comparator. This is set out under the Equality Act 2010. After you have proved that your work is ‘equal work’ to that of your comparator’s, your employer must substantiate that the reason for unequal pay does not relate to your sex.

What if my equal pay claim succeeds? toggle accordion
It’s widely known that equal pay claims can be of high value, as you could be entitled to backdated pay for up to six years, starting from the date your claim is raised. However, it is important that you prove you were doing ‘equal work’ for those six years.

How we can help with equal pay disputes

  • Working with you to understand your role and your entitlements in the workplace
  • Identifying what’s happened and how we can help
  • Doing what we can to achieve the best possible outcome

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Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

To learn more about funding your employment claim click here >

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Our equal pay disputes experts are here to guide you

Neha Thethi

Head of Employment

Employment

Lucy Needham

Litigation Legal Assistant

Employment

Other Employment Claims claims we can help with

Contractual advice & disputes → Discrimination at work → Redundancy claims → Whistleblowing claims →

Get in touch with our no win, no fee equal pay disputes solicitors today

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Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.

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