Equal Pay Tribunal Claims - Prolegal

Equal Pay Tribunal Claims

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According to the Fawcett Society, UK women are still paid 14.9% less than men on average. The equal pay gap rises to 33.3% in the City of London, and a staggering 55% in the finance sector. This gap is particularly shocking given that legislation designed to promote equal pay dates back over 40 years.

If you believe you are one of the hundreds of thousands of underpaid women in the UK, you might want to consider an equal pay claim. It is now possible to bring a claim up to six years after leaving your employment so even if you think you have been underpaid in the past it is not too late.

A worker can bring an equal pay claim if they can show that a worker of another gender at the same establishment is paid more and they are doing

  1. like work
  2. work rated as equivalent; or
  3. work of equal value

It is possible to claim for equal pay not only if you are paid less than someone doing the same job as you but also someone is on the same pay grade, or whose job is found to be of equal value by a Tribunal or court.

An employer can defend a claim by showing another reason for the difference in pay, but the reason must not in any way relate to gender, even indirectly. Equal pay claims have been successful despite employers claiming reasons such as pay protection, length of service, or because of separately negotiated pay scales.

Equal pay claims can relate to hourly rates, salary, bonus or incentive schemes, and pensions.

Many public sector employers, such as local authorities and NHS Trusts, have job evaluation schemes placing workers on a pay scale. Clerical workers, cleaners, gardeners, and refuse collectors are all graded and placed on the scale. However, in some cases manual workers have been given bonuses on top of their basic salary but clerical workers and cleaners have not. According to the British Sociological Association (11/08/2009), manual labour is usually a male dominated sector, and clerical work is usually a female dominated sector. This makes it possible to claim equal pay.

Our solicitors can

  • help you bring a grievance to complain about unequal pay
  • draft an equal pay questionnaire to gather evidence and advise you on the response
  • negotiate with your employer or ex employer to agree an equal pay settlement
  • bring an Employment Tribunal claim for equal pay
  • bring a High Court claim for equal pay
Common Equal Pay Questions

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