Equal pay and your rights
You might not remember how you first heard about it. Perhaps it was a chat with a colleague while the kettle was boiling, or an off-hand comment during a Zoom call. But suddenly, you realise you may not be receiving equal pay.
By law, employers must pay employees equally for equal work, or work of equal value. This includes sick pay, pensions, holiday allowance, overtime, bonuses, benefits, and even working hours. If you believe your employer is not paying you in line with these rules, you may be able to make an equal pay claim.
Your employer may try to include a pay secrecy clause in your contract. However, that does not stop you from taking action.
In England, Scotland, and Wales, if you suspect you are not being fairly paid because of your age, race, gender, or another protected characteristic, a pay secrecy clause does not prevent you from investigating.
You have the right to ask colleagues about pay and look into whether there is a link between lower pay and a protected characteristic. Workplace discrimination is unlawful.
Making an equal pay claim
When can you make a claim?
Equal pay law is covered by the Equality Act 2010. This prevents employers from paying you differently because of a protected characteristic. You may be covered if you are:
- An employee
- An apprentice
- A temp staff member or agency worker
- A contractor
You must also choose a comparator. This is the colleague whose pay you are comparing with your own. This should usually be a current employee or your predecessor, and they must be doing the same or a similar role.
The job does not need to be identical. For example, if you are an upholsterer, you may be able to argue that a seamstress is doing work of similar value within the same company.
However, an equal pay claim could not usually be made simply because a chief executive earns more than a website developer.
You and your comparator must work for the same employer or an associated employer, such as a parent company.
Your claim may also fail if your employer can show that the pay difference has nothing to do with a protected characteristic. For example, the difference may be explained by experience, location, or clear recruitment difficulties when filling the role.
What’s the equal pay claim process?
Start by talking to your employer. Before considering legal action, it is usually best to try to resolve the issue directly. This can be stressful, so you may want a third party to help mediate the conversation.
If that does not resolve the issue, you should make a formal complaint.
As with any discrimination claim, your employer must investigate your grievance. This will usually be followed by a meeting with management.
If your employer refuses to make changes, and you still believe you are being underpaid because of a protected characteristic, it is time to speak to employment solicitors.
The most likely next step is an employment tribunal, so getting advice from a legal expert can help you understand the process and strengthen your case.
Taking your claim to a tribunal
Before starting a claim in the employment tribunal, you or your solicitor must notify ACAS, the public body that helps resolve workplace disputes.
Once ACAS receives notification, they will send you information about early conciliation. This is a type of mediation where you and your employer can try to resolve the dispute with the help of an independent third party.
If you have not already gone through mediation with your employer, it is usually worth taking part at this stage. It is not mandatory, and either side can refuse, but declining may affect how your case is viewed.
At the end of early conciliation, you will either receive a legally binding agreement or a certificate that allows you to take your equal pay claim to a tribunal.
You can make an equal pay claim while you are still employed, or up to six months after leaving your job.
Finding an employment solicitor
It is usually best to find an employment solicitor when you think your claim may end up in an employment tribunal.
These specialists can give you the advice and support you need throughout what can be a stressful process.
Compare and connect with trusted solicitors suited to your needs and budget. Use our quick quote form to get help with your equal pay dispute today.
What is the employment law on equal pay?
Equal pay law requires people doing the same or similar work, work of equal value, or work rated as equivalent to receive equal pay regardless of gender. This principle is designed to prevent discrimination and promote fairness at work.
How do I approach my employer about unequal pay?
Approaching your employer about unequal pay should be done carefully and with preparation. Gather evidence of the pay difference, understand your rights, and then raise the issue either informally or through a formal discussion with your employer or HR department. Staying clear, factual, and professional is important.
How far back can you claim equal pay?
How far back you can claim depends on the law that applies to your case. In general, claims may cover a period going back several years, but you should get legal advice on the exact time limits that apply to you.
What is the deadline for equal pay claim?
The deadline for bringing an equal pay claim depends on the legal framework that applies in your jurisdiction. In many cases, there is a specific time limit running from the date of the pay issue or from the end of employment. It is important to act quickly and get advice so you do not miss the deadline.