Do you need to make an equal pay claim?
If you are doing the same or equivalent job as someone of the opposite sex but have discovered you are not being compensated in the same manner, you may have grounds for an equal pay claim.
What counts as equal pay at work?
To put it simply, a woman doing the same or similar work to a man within the same establishment is entitled to be paid in no less favourable terms than a man.
We can use an example to illustrate this. If a person of a particular sex (A) is employed on work that is equal to the work of someone equivalent of the opposite sex (B), then a sex equality clause applies even if their contract does not stipulate one.
In summary, work that is equal to B’s work means:
- Like B’s work. That is, where no practical differences occur. When comparing A and B’s work, the frequency with which differences between their work occur in practice needs to be considered.
- Rated equivalent to B’s work. That is, in a job evaluation study which gives an equal value to A and B’s job in terms of the demands made on a worker based on a non-sex-specific system.
- Work that is of equal value. That is, where work is neither like B’s work nor rated equivalent to B’s work but is equal to B’s work in terms of the demands made on A in effort, skill, and decision-making.
The sex equality clause in A’s terms has no effect if the employer shows that:
- the difference is because of a material factor that does not involve treating A less favourably than B because of A’s sex; and
- If the factor puts A and persons of the same sex doing work equal to A’s work at a particular disadvantage when compared with persons of the opposite sex doing work equal to A’s, the factor is a reasonable way to achieve a legitimate aim.
How ELS Solicitors can help
Our specialist team can help and advise you on whether you have a valid claim for equal pay and on what grounds. They can support you through the process of being fairly compensated for the work you do.