Equal Pay Claims

What Is Equal Pay?

Equal pay refers to the principle that men and women should be paid the same for performing the same or broadly similar work. This concept extends to work that is of equal value, even if the tasks are not identical. For example, if a female employee works in a role that is different from a male employee but requires similar skills, responsibilities, and effort, both individuals should receive equal pay.

The Equality Act 2010, which replaced previous legislation, mandates that employees must not receive less favorable pay or benefits for performing work of equal value because of their gender. However, gender is not the only factor protected under this law. Discrimination based on other protected characteristics, such as race or disability, can also lead to claims for unequal pay.

Your Rights Under Equal Pay Laws

As an employee, you have the right to receive equal pay if you are doing work of equal value. This includes:

• Equal Pay for Equal Work: If men and women are performing the same work, they must receive equal pay, regardless of gender.
• Equal Pay for Work of Equal Value: Even if the work is not the same, employees doing different work that is of equal value (in terms of skill, effort, responsibility, and working conditions) must receive equal pay.
• Protection Against Pay Discrimination: You have the right to request information about pay in your workplace, and your employer must not retaliate against you for doing so.

How to Make an Equal Pay Claim

If you believe you are receiving less pay than someone of the opposite gender for the same or similar work, you can take several steps to pursue a claim:

1. Talk to Your Employer: The first step is to raise the issue with your employer. You may be able to resolve the matter informally through discussion or negotiation.
2. Gather Evidence: To support your equal pay claim, it is important to gather evidence such as pay slips, job descriptions, and details about the work you and your comparator perform. The comparator is the individual whose pay you believe is unfairly higher than yours.
3. File a Grievance: If informal discussions do not resolve the issue, you can file a formal grievance with your employer. This allows you to formally request that the issue is addressed.
4. Employment Tribunal: If the matter remains unresolved, you can file an equal pay claim at an Employment Tribunal. The tribunal will examine your case, including the comparator’s pay and the nature of the work being performed, and determine if there is an unequal pay violation.

Common Challenges in Equal Pay Claims

There are several challenges that employees may face when pursuing an equal pay claim:

• Lack of Evidence: Proving that the work is of equal value can be difficult without strong evidence. It is important to collect as much documentation as possible to support your claim.
• Employer Defenses: Employers may argue that the pay disparity is due to factors unrelated to gender, such as market rates or performance. It is crucial to counter these arguments with compelling evidence.
• Time Limits: Equal pay claims must be brought within six months of the date of the alleged unequal pay, so it is essential to act quickly.

How HPA Solicitors Ltd Can Help

At HPA Solicitors Ltd, we have extensive experience in handling equal pay claims. Our team of employment law specialists will provide you with clear and practical advice on how to proceed with your claim. We will help you gather the necessary evidence, guide you through the grievance procedure, and represent you in an Employment Tribunal if necessary. Our approach is client-focused, and we aim to achieve the best possible outcome for you.

Next Steps

If you believe you have been subject to unequal pay, don’t hesitate to contact HPA Solicitors Ltd for a free initial consultation. Our expert solicitors will assess your case, advise you on your rights, and guide you through the process of making an equal pay claim. We are committed to ensuring that you receive the fair compensation you deserve, and we will support you every step of the way.