Equal Pay
Legally, both men and women must be paid equally for doing equal work. Equal work is the same job, or jobs that are similar or which are considered to be of equal value to the employer. Equal pay does not only apply to basic salary and wages, but also includes any packages and benefits that comes with the job, i.e. pensions, sick pay, working hours, and annual leave allowance.
Who can bring an equal pay claim?
Anyone working under a contract to provide personal services such as employees, agency workers, casual workers and self-employed individuals can bring an equal pay claim. The Equal Pay Act 1970 was initially introduced to ensure that women were not paid less than men because of their sex; however both men and women are now protected.
Who is a comparator?
The comparator must be of the opposite gender to the person bringing the claim, so there must be an actual person that the person bringing the claim can be compared to. It can be a current or previous employee, and they must be (or have been) working in the same employment.
Are there any time limits with bringing an equal pay claim?
Yes – the time limit to bring an equal pay claim in the Employment Tribunal is six months, and this claim can be brought during the employment. Unlike other employment claims, the time limit cannot be extended with Equal pay claims.
What if the reason why men and women are paid different is not their gender?
There are several material factors that can be a defence as to why men and women are getting paid differently. The employer will have to show that the reason is material, and that it is not the difference of sex. The material factors could be: different hours of work; rewarding productivity; geographical reasons; additional responsibilities and length of service.
What should I do if I am being paid unfairly?
If you think you aren’t being paid fairly in comparison to someone of the opposite sex, you can talk, or write, to your employer to try to resolve the issue informally. If unsuccessful, you may have to make a claim to the employment tribunal for lost earnings. Before doing so, it is advisable to seek legal advice as Equal Pay is a complex area of law.
If you have any further questions on equal pay, the issues raised in this article or any aspect of employment law, please contact our employment team.