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 favourable contract term to someone of the opposite sex in a comparable job.
Contract 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.
Equal Pay Claims
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 bringing 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 favourable term or terms that you
- Assess whether the difference in terms can be justified by the employer. This is known as the genuine material factor defence and will establish at the employment tribunal whether the difference in pay is due to sex discrimination.
Equal Pay Lawyers
If you need advice relating to equal pay our specialist employment team can help you with the undernoted. You can arrange a free telephone consultation with one of our experts by calling 0800 0891331.
- Identifying a comparator
- Types of claim
- Genuine Material Factor defences
- Time Limits