What are equal pay claims?

Finding out that you don’t receive the same pay or benefits as a colleague of the opposite sex doing the same job is often incredibly frustrating and can often leave you feeling undervalued. No matter what your gender, everyone deserves to be properly paid for the work that they do and be made to feel like an equal amongst colleagues of the opposite sex.

Where this isn’t the case, and you believe your employer has been paying you unfairly, you could be entitled to make a claim. Our equal pay solicitors are here to support you and ensure that you get the pay you deserve.

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What does the law say about equal pay claims?

The Equality Act 2010 is designed to ensure that people get equal pay for equal work, regardless of their gender. It does so by providing for a sex equality clause to be inserted into every employee's contract of employment. If you believe that you're being paid less than someone of the opposite sex for doing the same or a comparable job, we may be able to help you make an equal pay dispute claim against your employer.

Naturally, while you deserve to receive pay equality, you probably also wish to preserve the best possible relationship with your employer. That's why our initial approach to your employer will usually be a gentle reminder of their responsibilities under the Equality Act 2010, which makes gender discrimination illegal in England and Wales. In many cases this is enough to resolve instances of pay inequality. However, where there's a clear case of pay inequality based on gender, the option to proceed to an employment tribunal is always open.

If you believe that you're not receiving equal pay to colleagues of the opposite sex who perform essentially the same role, talk to us today about starting an equal pay dispute.

Who can make an equal pay claim?

Anyone who can prove that they have been paid less than colleagues of the opposite sex for doing ‘equal work’ can make an equal pay claim. According to equality legislation, ‘equal work’ is defined as the same or similar job roles that provide the same or equivalent value to the business.

It is crucial to be aware that ‘equal pay’ doesn’t just apply to your basic salary. Other benefits such as holiday entitlement, sick pay, pensions, commissions or contractual benefits can also be included.

There are some cases where it can be deemed acceptable to pay colleagues completing the same or equivalent tasks different salaries. Such circumstances include:

• Location (jobs in London, for instance, generally pay more as the cost of living is higher in the capital)
• Your colleague may have more experience or qualifications that justify a higher salary
• Market rates for job roles can fluctuate – if your colleague was hired during a skills shortage, for example, they may be paid more to ensure that they accepted the role

How to make an equal pay claim

To make an equal pay claim successfully, you’ll need to be able to prove that your pay differs from a colleague of the opposite sex, completing the same or equivalent work. This person is known as a ‘comparator’.. You can use more than one comparator to make your case, and these people can be currently employed or they can be individuals who used to be employed by your employer.

If it is deemed there is enough evidence to suggest that your employer wilfully paid you less due to your gender, you could also be entitled to make a claim for sex discrimination.

Making your case can be complex, so it is a good idea to seek expert legal guidance. Our equal pay solicitors have supported hundreds of clients in their equal pay claims, fighting to secure the compensation and future security people deserve.

To find out how we can support you, get in touch with our team on 0330 041 5869 or request a call back online.

What happens if I win an equal pay dispute?

The most important outcome of any successful equal pay dispute is that once discrimination on the grounds of gender has been established, the Equal Pay Act will require an equality clause to be written into your contract, ensuring equal pay and equal treatment in every aspect of your contract.

From this point, you should start to be paid the same as colleagues of the opposite sex who do a comparable job. Just as importantly, winning your equal pay dispute gives you the legal right to claim arrears for up to six years prior to the start of the proceedings. Even if the pay inequality in your workplace is only marginal, it can add up to a substantial sum by the time it has been multiplied by six years, or 72 months.

To talk to one of our experienced employment law solicitors about starting an equal pay dispute against your employer today, you can call us on 0330 041 5869 or contact us and we'll call you.

Why choose Slater and Gordon’s equal pay solicitors

Being paid less for the same work because of your gender can feel frustrating and belittling. No one should be made to feel lesser because of who they are. If you believe your employer has not been treating you fairly, our equal pay solicitors are here to fight by your side for your right to fair pay and treatment.

Our employment team have an outstanding track record of success in handling equal pay cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.