Equal Pay
Claims

As equal pay solicitors, we have extensive experience in handling equal pay cases at the Employment Tribunal and the civil courts

Equal Pay
Claims

Tribunal proceedings in relation to an equal pay claim must be brought within 6 months of the ‘effective date of termination’ of employment. If you have missed that deadline, then you can bring a claim in the civil courts within 6 years of the ‘effective date of termination’ of employment.

As specialist equal pay solicitors, we can assist you in bringing a claim in relation to equal pay.

Equal Pay Solicitors: The Equality Act 2010

Under the ‘equality of terms’ provisions of the Equality Act (EA) 2010, an employee has the right to equal pay when compared with employees of the opposite gender, where they are engaged in ‘equal work’ in the same employment. Equal work means either ‘like work’ (involving similar tasks requiring similar skills, where any difference are not significant), work rated as equivalent under an evaluation scheme, and work of equal value in relation to the level of decision making, skills, and effort involved

The employee of the opposite gender being compared (i.e. the ‘comparator’) can either be a current work colleague, or a predecessor in the employees job (including somebody who worked in that role prior to a TUPE transfer). The comparator may work for the same employer or an associated employer, at either the same or a different site. If working at a different site, then common employment terms must apply.

The employee alleging unequal pay must prove on the balance of probabilities that they and the comparator are employed in equal work, in that the work is either ‘like work’ (i.e. work that is the same or broadly similar in terms of tasks and skills to that of the comparator), or in work which has been rated as equivalent in a job evaluation study to that of the comparator, or in work which is of equal value to that of the comparator in terms of decision making, effort, and skill.

A hypothetical comparator cannot be used in an equal pay claim. Nevertheless, where an employee cannot point to an actual comparator and needs to use a hypothetical comparator instead, then they have the option available to them under the EA 2010 to bring a direct sex discrimination claim instead vis-a-vis inequalities in their pay.

To successfully defend an equal pay claim, the employer needs to show that:-

The work is not like work, not rated as equivalent, and not of equal valueor prove that:
The difference in pay between the Claimant and the comparator is attributable to a material factor unrelated to the gender of the two, and that that reason justifies the difference in pay (e.g. service duration, seniority, qualifications, etc). Where indirect sex discrimination is then alleged in relation to the material factor relied upon, then the employer would have to objectively justify it as a proportionate means of achieving a valid objective.

Equal Pay Claims

Bringing A Claim

No Win No Fee

No Win - No Fee

Contingency Fee

The percentage rate that we charge where the case is successful is between 15% - 25%

Settlement Agreements

Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent legal advice upon, then please call one of our settlement agreement solicitors immediately on 0333 301 0700, or complete the contact us form below. We will then arrange an appointment for you with one of our settlement agreement solicitors to go through the Settlement Agreement.

Employment Law & Settlement Agreement Solicitors

We are specialist employment law solicitors. Should you require advice on an Employment law matter, then please do not hesitate to contact one of our employment law solicitors, either by telephoning us on 0333 301 0700, or by completing the contact us form below.

As specialist employment law solicitors, you can rely upon us to provide you with quality advice from leading employment law solicitor within the profession.

Please note that our specialist employment law solicitors offer a free initial consultation.