Equal Pay Claims Solicitors

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: 

• Like work, where the job and skills are the same or broadly similar, and any differences are of no practical importance; 
• Work rated as equivalent, usually applying a fair job evaluation; 
• Work of equal value, where the work isn’t similar but it’s of equal value because of the demands made on the worker in terms of effort, skill and decision-making. 

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.