If you are being paid less than a colleague of the opposite sex for doing the same job, you may have a legal right to claim equal pay. Many employees do not realise they are underpaid until years into their employment by which time significant back pay may already have built up. At Paul Doran Law, we are specialist equal pay discrimination solicitors, and we routinely help employees across the UK take action to recover the pay due to them.
Equal pay law gives men and women the right to receive the same pay and contractual terms when they are doing equal work for the same employer. In England, Scotland, and Wales, this right comes from the Equality Act 2010. In Northern Ireland, th
e equivalent protection sits in the Equal Pay Act (Northern Ireland) 1970 which operates on the same basic principles.
‘Equal work’ covers three categories:
• Like work, which is where the work is the same or broadly similar.
• Work rated as equivalent, which is work that a job evaluation scheme has rated as equivalent.
• Work of equal value, which is work that is different in nature but of equal value in terms of skill, effort, and responsibility
If a colleague of the opposite sex is being paid more than you for doing ‘equal work’, you may have grounds to bring a claim.
Who can bring a claim?
Equal pay rights apply to a broad range of workers, including employees, apprentices, and agency workers. The comparator, being the person you compare yourself to, must work for the same employer or an associated employer, typically at the same or a connected workplace.
You do not need to know exactly what your colleague earns to start the process. Many clients come to us with a strong suspicion rather than hard figures, and we help them collate the evidence required to build a case.
Common reasons for unequal pay
Pay gaps do not always reflect deliberate discrimination. They can build up over time through:
• Historical salary structures that have never been reviewed.
• Bonuses and allowances paid informally and inconsistently.
• Promotion and pay review processes that lack transparency.
However, where the reason for the pay difference is connected to sex, the employer has a legal obligation to justify it. If they cannot show the gap is based on a genuine material factor unrelated to sex, your claim is likely to succeed.
The claims process
Before lodging a claim at a tribunal in England, Scotland or Wales, you must notify ACAS and go through Early Conciliation. In Northern Ireland, the equivalent step involves notifying the Labour Relations Agency (LRA), which introduced the Early Conciliation requirement in January 2020. Time limits are strict. You generally have six months from the end of your employment to bring a claim at tribunal. If you miss that window, the tribunal will not hear your case.
Equal pay claims can also be brought as group actions. If a number of employees at the same workplace are all affected by the same pay structure, a collective claim can be more effective than individual proceedings. Our equal pay discrimination solicitors have experience in both.
What compensation can you recover?
The compensation you can recover in a successful equal pay discrimination claim covers:
• Back pay for the period you were underpaid, subject to the applicable time limits.
• Equalisation of your contractual terms going forward.
• Interest on the amounts owed.
The amounts involved can be substantial. Many claimants are surprised by how much back pay accumulates once the full period of underpayment is calculated.
Why choose Paul Doran Law?
Our equal pay discrimination solicitors have more than 30 years’ experience advising employees on discrimination and employment law. We have helped thousands of clients recover millions of pounds in compensation, covering equal pay, unlawful wage deductions, redundancy, and unfair dismissal.
We are admitted to the roll in England and Wales and can act in Employment Tribunals across Great Britain. We also represent clients at the Industrial Tribunal and Fair Employment Tribunal in Northern Ireland. Wherever you are in the UK, we can act for you.
Get in touch
Equal pay discrimination claims are subject to strict time limits. If you think you are being paid less than a colleague of the opposite sex for doing equal work, the sooner you act, the better.
We offer a free, no-obligation enquiry. Call our team on 08081687288 or make an online enquiry here. You will speak directly with one of our advisers, who will explain your options clearly and advise you on how to proceed.