We may be able to help you pursue a No Win, No Fee claim for compensation.
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Employers are under a legal obligation to give men and women equal pay and equal treatment in other terms of their employment if one of three situations apply;
- They are employed to do work of the same or broadly similar nature (Like work)
- They perform work rated as equivalent under a job evaluation study
- Their work requires the same effort, skill or decision making (Work of equal value)
In these circumstances, there needs to be equality on all aspects of pay and benefits. This includes;
- Basic Pay
- Annual leave entitlements
- Overtime Pay
- Pension scheme entitlements
- Hours of work
If you are concerned that somebody of the opposite sex is receiving higher pay or more favourable terms for doing the same, equivalent or equal work to you then one of our specialist solicitors would be happy to speak with you about your situation.
Please contact us for free and without obligation advice on the options you may have available. This includes pursuing a No Win, No Fee claim for compensation.
In order to bring an equal pay claim, you will need to find an appropriate comparator. This must be someone of the opposite sex who is, or was, employed in the same workplace and who receives better pay or benefits for doing the same, equivalent or equal work.
The comparator does not have to be doing the job at the same time as you. It could be the person who performed the job before you. If the company you are employed by have multiple offices, factories etc then you may be able to choose a comparator who works at a different location to you.
You should attempt to resolve an equal pay dispute by raising it with your employer and by following early conciliation procedures established by ACAS. We can assist you with this.
An equal pay claim can only succeed if the comparator you select performs work that falls into one of three categories;
- Like Work (work of the same or broadly similar nature)
- Work rated as equivalent under a job evaluation study
- Work of equal value (Work requires the same effort, skill or decision making)
Job Evaluation studies are more common for employment in the Public Sector. Anyone working at a particular band or grade should generally receive the same pay and benefits as other workers at that level, regardless of sex.
If this isn’t the case, there may be grounds for pursuing an Equal Pay claim. If this is a situation that you believe affects you, please call us on 0800 092 1448 for further advice.
Most Equal Pay claims in the private sector relate to jobs of equal value. There is no set definition as to what constitutes equal value between one job and another. It is necessary to analyse both roles in detail and consider factors such as the;
- Knowledge, experience and training required to the job,
- Level of responsibility involved
- Amount of decision making required
- Level of physical effort and skill involved
- Amount of concentration and accuracy required
This is not an exhaustive list. If your claim proceeds to an Employment Tribunal then an independent expert is often appointed to produce a report to help determine whether two jobs can be considered of equal value.
One of our Solicitors will be able to advise you further on whether your job might be considered to be of equal value to another within your company or organisation. Please contact us if this is an issue that affects you for further details on how we may be able to help you.
If it can be demonstrated that work falls into one of the three relevant categories (i.e like, equivalent or equal work), the employer may be able to justify difference in pay or other conditions if they can show that this is not due to sex but due to a ‘material factor’.
There is no clear legal definition as to what will amount to a material factor. It may apply if, for example, the comparators have different work hours, or where one worker has additional responsibilities beyond their main job role.
If length of service and productivity levels are different, then the employer may state they are rewarding higher productivity with higher pay or better benefits.
If your employer has attempted to justify the difference in pay or other employment terms because of reasons such as these, it is important to consider whether they are genuine grounds for this. We can advise you further on this. Please contact us on 0800 092 1448 or by filling in the form for further assistance.