EQUAL PAY

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This fact sheet will give you some basic information about equal pay. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

What is covered by the laws on equal pay?

It is illegal to discrimination between men and women in the terms of their employment contracts. This means that women can claim equal pay with male colleagues where they are in the same employment and doing:

  • Work which is the same or broadly similar (this is called "like work")
  • Work rated as equivalent under a job evaluation scheme (called "work rated as equivalent")
  • Work which is different but of equal value (called "work of equal value")

Pay means all contractual terms, including wages, bonus, shift payments, overtime length, length of service increments, sick pay, holiday pay, health insurance and occupational pensions.

How would I prove my work fell into one of these categories?

"Like work" and "work rated as equivalent" are relatively straightforward to prove.

It is much harder and more complicated to prove "work of equal value" and normally you will need to get an expert to compare and grade the jobs.

How do I make a claim for equal pay?

It is illegal to discrimination between men and women in the terms of their employment contracts.

First you will have to find a comparator employed in your organisation within the UK. This must be someone with the same terms and conditions as you but they don't have to work at the same site or even be employed at the same time as you.

There is no limit to the number of comparators you can use, although the more there are, the more complicated the case becomes.

Once you have shown that your work is equal to your comparator's, your employer has to prove the reason for the difference in pay is not due to your sex. It is not clear at the moment how much employers have to justify the difference.

When can I make a claim?

You will have to send a written grievance to your employer first. This can be done at any time while you are still employed or within six months of the end of your employment. You then have a further three months to make a claim to an Employment Tribunal.

This is different from the time limit for making a claim for sex discrimination, which is three months from the act you are complaining about. Because of this, if your claim is about a discretionary bonus, which would be both an equal pay and a sex discrimination claim, you will have to bring a claim within three months.

There is another fact sheet with more information about sex discrimination.

How can I get more information to support my claim?

You can ask your employer to fill in a questionnaire to help you find out if you are receiving less favourable pay and terms and conditions than a colleague of the opposite sex. It will also find out if your employer thinks you are doing "equal work".

You can send the questionnaire to your employer before you bring a claim to a Tribunal. If your employer doesn't respond properly or within eight weeks, the Tribunal may decide that they have discriminated against you.

What happens if I am successful?

If the Tribunal agrees with you, you may get your pay backdated up to six years, providing you can show you were doing equal work during that time. Your contract of employment will also be changed to the new rate of pay.

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