Answers to Common Legal Questions on Equal Pay at Work - Prolegal

Answers to Common Legal Questions on Equal Pay at Work

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How do I know if I have a case for equal pay?

If you suspect that you are paid less than someone in the same job, on the same grade or whose job has equal value, you may be able to claim equal pay. The biggest problem is usually getting information about your colleagues’ pay. We can help by issuing an equal pay questionnaire to gather evidence about pay and bonus rates and advise you on the strengths and value of an equal pay claim.

If I think I have a possible equal pay case what should I do?

The most important thing is to get advice as soon as possible. Although a recent decision allows claims up to 6 years after leaving employment, the process of gathering evidence of unequal pay is usually easier the sooner it is begun. We can do this by issuing an equal pay questionnaire to gather evidence about pay and bonus rates. We will then go on to negotiate a settlement or bring a claim on your behalf.

What compensation could I attain if I was successful?

It is possible to claim back pay or lost bonuses for up to 6 years so equal pay compensation can be very substantial.

How can I find out if someone of the opposite sex is earning more than me?

Many employers discourage employees from talking about their pay. Some even have a clause in the contract of employment suggesting that discussing pay is a disciplinary offence.

The Equality Act protects workers who discuss equal pay from victimisation. Workers who ask about their colleagues pay or answer such a question are protected if the purpose of the question was to find out whether there is discrimination because of sex or another protected characteristic.

Workers can also issue equal pay questionnaires to gather evidence of unequal pay.

Why should I instruct Prolegal?

At Prolegal we 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 a settlement
  • bring an Employment Tribunal claim for equal pay
  • bring a High Court claim for equal pay

We represent both individuals and groups of employees on no win no fee agreements. We work tirelessly to get the best possible settlement for our clients as quickly as possible but will not hesitate to push claims to Tribunal or the High Court where settlements are not possible or offers are inadequate.

What is the time limit for bringing a claim?

Equal pay claims can be brought in the Employment Tribunal within 6 months of leaving employment or in the High Court within 6 years.

Do I need to be part of a union to bring a claim?

Most equal pay claims have historically been brought by unions on behalf of their members but it is not necessary to be a union member to bring a claim. We represent both individuals and groups of employees on no win no fee agreements, whether or not they are union members.

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Prolegal Solicitors Limited is a limited company registered in England and Wales, registered number 10328104. Prolegal Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority No. 632656. A list of directors, together with a list of those persons who are designated as partners is available for inspection at our registered office, 5th Floor, 6 Agar Street, London, WC2N 4HN. We use the word “Partner” to refer to a director of the company, or an employee or consultant who is a Solicitor with equivalent standing and qualification. Prolegal Solicitors Limited is in the same group structure as Gordon Dadds LLP.

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Prolegal Solicitors Specialists in Employment Law