Men and women have the right to be paid equally for doing the same work or work of equal value. The principle is simple – but equal pay is a complex area of law. QualitySolicitors can advise you on your rights and your prospects of success

Can I bring a claim for equal pay?

Under the Equal Pay Act 1970, all employees are deemed to have an ‘equality’ clause in their contract of employment. This means that their terms and conditions must be equal.

Both men and women can bring claims for equal pay.

In order to succeed with a claim, you must have a ‘comparator’ of the opposite sex whose terms and conditions are better than yours. The comparator must be employed by the same employer as you (or an associated employer). They must also be carrying out a comparable job to you.

What is a comparable job?

Your job and your comparator’s job must fit into one of the following categories:

• Like work
  
  The actual work carried out by the comparator is the same or broadly similar to yours. Any differences are relatively unimportant.
   
• Work rated as equivalent
  
  The comparator’s job is rated equivalent to your job under a job evaluation scheme.
   
• Work of equal value
  
  In terms of the demands made on you and the comparator, the work is of equal value. The demands of the job can include the effort, skill and decision-making that is required.

Could my employer justify unequal pay rates?

If you convince the Employment Tribunal Judge that you fit into one of the 3 categories, then it falls to your employer to defend the claim. They can do this by showing that any difference in pay is likely to be due to a genuine material difference other than sex.

How far back can my claim go?

You can claim arrears of pay for up to 6 years.

Is there a deadline for bringing an equal pay claim?

Your claim should be brought within 6 months of your leaving your employment. This period can be extended if your employer deliberately concealed information about pay levels, or if the Tribunal Judge thinks an extension would be fair.

What about inequalities that are not to do with pay?

Unfair treatment outside your terms and conditions of employment may amount to discrimination.