Equal pay

Women working full time earn on average 17% per hour less than men working full time. The gap for part time women is even more shocking – a staggering 36%.

The Equal Pay Act 1970 and the Equality Act 2010 deal with differences of pay between men and women.   The claim is, in effect, one of sex discrimination and does not relate to some wider concept of equal or fair pay. The legislation provides that employers must not give a more favorable term to someone of the opposite sex in a comparable job

Terms can include basic pay, bonuses, pensions, company car, sick pay, holidays, extra allowances, health insurance, commission, pay progression and severance pay. This list is non exhaustive and can potentially include any term of employment.

To bring an equal pay claim the law requires that you:

• Identify an appropriate comparator of the opposite sex
• The comparator must work for the same employer as the claimant (person brining the claim) and their work must be equal to yours.
• Compare your terms and conditions with that of your comparator and show that the comparator has a more favorable term or terms that you.
• Asses whether the difference in terms can be justified by the employer. This is known as the genuine material factor defense and will establish at the employment tribunal whether the difference in pay is due to sex discrimination.

Click the links below for further information on Equal Pay Claims:

• Identifying a comparator
• Types of claim
• Genuine Material Factor defences
• Time Limits
• COMPENSATION
• Equal Pay Questionnaires

If you consider that you may have an equal pay claim please contact us on 0800 028 78 28. We can offer you free initial advice and can take on your claim on a no win no fee agreement.