Discovering that a colleague of the opposite sex is earning more than you for work that is essentially the same, or of the same value, can feel deeply unjust. Our equal pay dispute solicitors are here to help you understand whether the situation is unlawful, what your options are, and how best to pursue a remedy.
Paul Doran Law is an employment law firm acting solely on behalf of employees and claimants. We have practised exclusively in this field for over 30 years, building a track record that spans thousands of cases and millions of pounds recovered for workers. Whether you need guidance on your initial position, support with an internal grievance, or full representation before the Industrial Tribunal, we are equipped to help at every stage.
What does equal pay law cover?
In England, Scotland and Wales, the right to equal pay is governed by the Equality Act 2010. In Northern Ireland, it is the Equal Pay Act (NI) 1970. The legislation implies an equality clause into every employment contract, requiring that a woman’s terms and conditions be no less favourable than those of a male comparator doing comparable work, and vice versa. The law applies in three distinct circumstances:
- Where you and your comparator are doing the same job, or work that is sufficiently similar that any differences are not of practical importance.
- Where a formal job evaluation exercise has assessed your role and your comparator’s role as being of equivalent standing.
- Where your jobs are not the same but an independent assessment of the demands of each role would conclude that they are of equal value.
It is worth noting that pay extends beyond your wages. Contractual sick pay, car allowances, shift premiums, performance bonuses, pension contributions, annual leave entitlement and other employment benefits all fall within the scope of the Act. We can help you identify every element of your package that ought to be compared and establish whether any of those terms fall short.
Can your employer justify the gap?
Even where a pay disparity is established, an employer may seek to defend the claim by arguing that the difference is attributable to a genuine material factor that has nothing to do with the sex of the employees concerned. The burden of proving that falls squarely on the employer.
The material factor relied upon must be real and must be capable of withstanding scrutiny. Explanations pointing to differences in market rates, seniority, geography, or inherited contractual arrangements have all been considered by Tribunals, with varying degrees of success. A defence that might appear credible on the surface can unravel when the underlying documents and pay decisions are examined in detail. We will go through the evidence carefully, including pay records, job descriptions, and internal grading decisions, and give you a frank view of the merits of your employer’s position.
What compensation could you recover?
A successful claim can result in a substantial financial award, though the precise amount will always depend on the evidence in your particular case. The main remedy is an award of arrears covering the period during which your contractual terms were less favourable than those of your comparator. That period can reach back up to six years from the date proceedings are issued (five years in Scotland).
The arrears calculation can extend to every element of pay that was affected, not just basic salary. Unpaid bonus payments, pension shortfalls, allowances, and other benefits that were received at a lower rate than those of your comparator can all form part of the total. The Industrial Tribunal also has the power to add interest on top of the arrears owed. If you are still in your current role, the Tribunal can require your employer to bring your terms into line from that point forward. We can help you quantify the potential value of a claim so that you have a realistic sense of what is at stake before deciding how to proceed.
Do any time limits apply?
An equal pay claim must be lodged either while you are still employed in the role to which the claim relates, or within six months of the date on which that employment came to an end. There is very little scope for the Tribunal to accept late claims, and the strength of the underlying case will not change that position.
We can help you draft a grievance that puts your employer on clear notice of the disparity you have identified and gives them a proper chance to put matters right before litigation becomes necessary.
How can we help?
No one should have to accept lesser pay simply because of their sex. Where an employer cannot provide a genuine and lawful explanation for a pay gap, they need to be held accountable. We can help you establish whether you have a viable claim, guide you through the pre-claim process, and represent you fully if the matter proceeds to a hearing.
We offer a free initial consultation to every client, giving you the chance to speak with one of our employment law solicitors without any obligation to take things further. To arrange yours, call us on 0808 168 7288 or submit an enquiry through our website.