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Employment Law

Equal Pay

Equal Pay law provides a way of ensuring that men and women receive the same pay and terms for doing comparable work.

Covering pay and other contractual terms it is a requirement for employers to give men and women equal treatment concerning the terms and conditions of their contract of employment.

If this is not the case, then an employee can bring a claim against their employer, irrespective of whether they are a man or a woman.

Examples of equal pay law matters include basic pay, performance related benefits, hours of work, annual leave entitlements, sick pay, and non-discretionary bonuses.

 

How to know if an employee can bring an equal pay claim?

An employee is eligible to bring an equal pay claim if they are employed under a contract of service, a contract of apprenticeship, or a contract personally to do work.

This includes full-time, part-time, casual or temporary employees, workers and some self-employed staff whose contracts require personal performance.

 

What must an employee prove to bring an equal pay claim?

When bringing an equal pay claim an employee will need to prove that:

  • they are employed at an establishment in Great Britain
  • their comparator is someone working for the same employer
  • they are doing work that is the same, broadly similar, rated as equivalent or of equal value in terms of effort, skill or decision making, compared to that of their comparator
  • their comparator has a term in their contract that is more favourable than their equivalent term.

 

What is a comparator in equal pay law?

A comparator is someone who works for the same employer, does like work of equal value to the employee, and is of the opposite sex.

 

How can an employer defend an equal pay claim?

An employer may defend an equal pay claim if they are able to prove that the reason for the difference is for a genuine reason and that it is not based upon the difference of sex.

 

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