Claiming for equal pay at work

The law in England and Wales is clear – men and woman should receive equal pay when employed by the same organisation to do the same job.

We can advise you on your rights and the prospects of successfully bringing a claim.

The law says that men and women have the legal right to be paid equally for:

• doing the same work

or

• for doing work of equal value.

The principle is simple – but equal pay law is complex. So, can you make a claim for not getting equal pay?

• Both men and women can bring claims for equal pay.
• There will need to be someone of the opposite sex at work whose terms and conditions are better than yours.
• Their job must be comparable to yours.

You cannot claim if your employer can show that the difference in pay is due to a genuine material difference between you, other than sex.

If you can show they have a comparable job (there are rules as to what counts) and there is no justifiable reason for the difference in pay, then you should have a successful claim which you can take to the employment tribunal (a special court for employment law problems). You can claim up to six years of pay which you missed out on.

Time limit: Generally an equal pay claim should be brought within six months of you leaving your employment, or at any stage during employment if you are not receiving equal pay.

However, this period can be extended if your employer deliberately concealed information about pay levels and we can show that it would be fair to extend the six month period.

For smaller claims you may want to proceed on your own. To help you with this we can assist by explaining how the complex rules apply to your particular situation, the wording of your request to your employer and completing the court forms. Ask about our £99 Ask the Legal Expert service when you use our confidential Free Initial Assessment service to find out how we can help you.