As specialist equal pay solicitors, we can handle equal pay and sex discrimination cases on your behalf.
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 value;
or 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 Solicitors: What To Do If You Have A Claim
Should you require advice on equal pay, then please do not hesitate to contact one of our specialist equal pay solicitors. We can be contacted either by telephoning us on 0333 3010 700, or by completing the questionnaire on the right hand side of this page.
As specialist equal pay solicitors, you can rely upon us to provide you with quality advice from a leading employment law solicitor within the profession.
Please note that our specialist equal pay solicitors offer a free initial consultation.
Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent advice on, then please call one of our employment law solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. We will then arrange an appointment with you to go through the Settlement Agreement.