It is often assumed that colleagues who carry out the same or comparable work within a workplace should be paid the same salary and benefits. However, this isn’t the case, unless colleagues are of the opposite sex.
If you feel you aren’t receiving equal pay to a colleague of the opposite sex, our solicitors are here to help you.
The Equality Act 2010 is designed to ensure that people are awarded equal pay for carrying out equal work, regardless of their gender. This means if a man is being paid more than a woman or receiving greater benefits for doing a comparable job, we may be able to assist you with advice on a claim for equal pay.
At Morrish Solicitors, we have years of experience assisting employees with equal pay claims. Our expert solicitors will take the time to understand the complexities of your case and will be able to provide you with clear and confidential advice.
For more information on how we can assist you with an equal pay claim, contact our friendly lawyers today.
Under the Equality Act 2010, employees and workers are entitled to equal pay for carrying out equal work, regardless of their gender, except in some limited circumstances.
‘Equal work’ means either:
If you are not being paid equally you may be able to make an equal pay claim, unless the employer can show that there’s a material reason for the difference which doesn’t discriminate against you on the basis of your sex.
It might be possible, for example, for the employer to argue that it was necessary to pay your comparator more because of a skills shortage, provided they can prove difficulties in recruiting and retaining staff to do the job being done by the higher-paid person. Other examples of material factors could include things like someone working unsocial hours or night shifts, or even geographical differences, typically to reflect a higher cost of living in London.
Whether the ‘material factor’ defence is made out will depend on the specific circumstances in each case.
So, if you believe you are being paid less than someone of another gender who does the same or a similar job to you or you receive less holiday, allowances, pension or fringe benefits, you might have the basis for an equal pay claim and you should seek legal advice.
Equal pay claims can relate to wages and salaries. But the law is also concerned with equality of other terms and conditions under the contract of employment. It therefore covers contractual bonuses and a whole list of other benefits provided for in your contract.
Unfortunately, there is no right to equal pay between colleagues of the same sex. An aggrieved worker must be able to compare him or herself with a worker of the opposite sex. Differences in pay and contractual terms between colleagues of the same sex may be unfair, but there is not necessarily any legal remedy – and certainly no remedy under the Equality Act 2010.
Therefore, to make a claim you must be able to compare yourself to a colleague of the opposite sex who performs in a similar role.
It is worth noting that the comparator does not need to have been employed at the same time as you: they may be a predecessor or even a successor. The comparator also does not have to know that they have been selected, nor do they need to give permission.
You must be able to name a colleague who:
It is not sufficient to use a hypothetical comparator at tribunal.
You should therefore try to secure as much information as possible about the pay and benefits afforded to other people for the work you do, either by reviewing general documents such as a Staff Handbook or by asking colleagues. You might also want to ask the employer to provide anonymised information about other people’s pay and benefits, either informally or via a grievance process.
Equal work can mean either:
The employee complaining of unequal pay has to show that his or her job requires the same levels of skill, knowledge, effort and responsibility.
Real life examples of successful comparisons include:
– A supermarket checkout operative and a warehouse operative.
– A school nurse and a school technician.
– A school classroom assistant and a lorry driver.
– A canteen worker and a surface worker in a coal mine.
The procedures in these cases are complex and tend to be lengthy, and if multiple claims are made against the same organisation the claim can last for many years.
An employer can defend a claim if it can prove that any difference is due to a genuine “material factor” which is unrelated to sex.
In other words, the employer must satisfy the tribunal that the reason for the pay difference is significant, relevant and genuine. A material difference can involve personal characteristics or other extraneous factors, such as:
If the employer can show a material factor defence, your equal pay claim may fail.
If you are successful with your claim for equal pay, the tribunal can make a declaration that you are entitled to receive the same pay and/or contractual benefits as your comparator(s). You may also be awarded arrears of pay, together with interest, for up to 6 years prior to the start of the tribunal proceedings.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.
Mark Stewart, November 2021
Regular updates and clear information without the jargon helped with a group claim that would otherwise have not been awarded
Maddie Daley, January 2022
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022.
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022
Clear and honest communication and available to speak with when required. A very professional service.
Employment Rights Client, January 2022
