With International Women's Day focusing on gender parity, our equal pay practice lead, Caroline Underhill, highlights the equal pay facts we should all be familiar with.

FREQUENTLY ASKED QUESTIONS ABOUT EQUAL PAY

1. What is the law on equal pay?

The right to equal pay for equal work is set out in the 'equality of terms' provisions of the UK's Equality Act 2010. The Act protects people from workplace discrimination and gives everyone the right to equal pay for equal work. The same principle is grounded in Article 141 of the EU Treaty.

2. What is considered as equal work?

The Equality Act 2010 defines three ways for a worker to show their role is equal to their (better paid) colleagues:

  • "Like work", which refers to work that is more or less the same
  • "Work rated as equivalent" under a job evaluation scheme
  • "Work of equal value", measured by demands on the post holder under headings such as skills, effort and responsibility.


3. What is the difference between equal pay and the gender pay gap?

Equal pay refers to men and women in the same or similar employment receiving equal pay for their work. The gender pay gap refers to the difference between the average earnings of men and women over a period of time across a workplace or sector, irrespective of their roles.

4. How do I know if I am being paid equally?

If you believe you're getting paid less than a colleague of the opposite sex then you should:

  • Identify a 'comparator' of the opposite sex who was working at the same time as you now or in the past
  • Assess whether you and your comparator do equal work;
  • Compare your terms of employment – in particular each term about pay
  • Work out what the possible reasons for the difference could be and look at whether those reasons are affected by gender discrimination.


5. How do I find out what colleagues are being paid at work?

Salary is often a sensitive issue and is generally kept confidential between employers and employees. That said, while some employment contracts have secrecy clauses preventing workers asking colleagues how much they earn, the Equality Act 2010 states employers cannot prevent workers talking to each other or their trade union about differences in their pay if they suspect they are being treated unlawfully because of their gender.

So do some research: try speaking to colleagues in the same or similar roles or perhaps check job adverts and your employer's policies and procedures.

6. I don't think I'm receiving equal pay. What can I do?

If you think you're a victim of unequal pay because of your gender, your first step should be to write to your employer, requesting information to establish if there is a difference and, if so, why.

If you are a trade union member, speak to a representative. They can help you try to solve the problem internally and informally. If such efforts to resolve the problem internally fail then you may be able to make a claim to an employment tribunal.

7. What are the time limits for making an unequal pay claim?

You have six months, less one day of the termination of an employment contract for a particular job, to lodge a tribunal application. You can also bring a claim to a civil court within six years of your last payment that was unequal. But don't delay. Seek legal advice as soon as possible from an employment law specialist like Thompsons Solicitors, because time limits are strict and it's not always clear when a contract ends.

8. If my equal pay claim goes to tribunal, what could happen?

If your case is successful at tribunal there are two remedies: an amendment to your contract and arrears of pay. This will usually involve a pay rise to bring you level to your comparator or the addition of a term that was not in your original contract. Your employer could be ordered to give you back pay of up to six years (five in Scotland), with interest.​