Q: what does Equal Pay Legislation make unlawful
The
purpose of the Equal Pay Act is to eliminate discrimination as regards
pay and other terms and conditions between men and women in the same
employment when they are employed to do:
- Like work – work of the same or a broadly similar nature;
- Work
rated as equivalent – that is, in jobs which a job evaluation study of
part or all of their employer’s workforce has shown to have an equal
value;
- Work of equal value – that is, in jobs which are equal
in value in terms of the demands made on them under headings such as
effort, skill and decision-making.
Q: does the act just cover pay?
For
the purposes of the Equal Pay Act the concept of pay includes both pay
and other terms and conditions particularly bonus payments but also for
example holidays and sick leave. European law has extended the concept
to include redundancy payments, travel concessions, employers’ pension
contributions and occupational pension benefits.
This means
that there may still be a breach of the principle of equal pay where a
man and a woman receive the same basic rate of pay, but other benefits
(such as a company car, private health care etc) are not provided on an
equal basis. The Equal Pay Act applies to pay or benefits provided by
the contract of employment.
Q: what is a comparator?
In order to bring a claim, a complainant must choose an actual
comparator of the opposite sex who is treated more favourably and is
shown to be employed on “like work”, “work rated as equivalent”, or
“work of equal value”. The comparator must be employed by the
complainant’s employer or an associated employer. The Equal Pay Act
refers to the “same employment” and this term has to be interpreted in
the light of European law and you may wish to seek advice on
interpretation of the law by domestic courts and European Court of
Justice. A complainant can compare themselves with a predecessor or
successor in their job.
Q: can my employer justifying paying me less than a person of the opposite sex?
If
you are receiving unequal pay with a comparator who is doing equal
work, the employer has to show that the difference in pay is genuinely
due to a material factor other than the difference in sex. It is for
the employer to show that such a factor exists and is the real reason
for the difference. For example, in some circumstances the operation
of market forces may justify a difference in pay, such as the need to
recruit for particular jobs or the need to retain employees occupying
particular jobs. The employer must also show that all of the
difference of pay is genuinely attributable to that factor.
Q: how can I find out if I am being unlawfully underpaid
Through an equal pay questionnaire
This
questionnaire is intended to help individuals who believe they may not
have received equal pay to obtain information from their employers to
find out whether this is the case and, if so, why. The information
should help to establish key facts early on and make it easier to
resolve any disputes in the workplace. If the complainant decides to
take a case to an employment tribunal, the information should enable
the complaint to be presented in the most effective way and the
proceedings should be that much simpler because the matters in dispute
have been identified in advance. Leigh Day can help you complete a
questionnaire
The Equal Pay Act 1970 requires equal pay between
men and women where they are employed on equal work. The Act applies
equally to men and women but does not give anyone the right to claim
equal pay with another person of the same sex. “equal work” is used to
describe work that is the same or broadly similar (known as “like
work”); work that has been rated as equivalent under a job evaluation
study; or work of equal value. The concept of “equal pay” includes
both pay and other terms and conditions of the contract of employment.
Q: if I am being paid unlawfully how do I make a claim
There
are strict procedures and time limits which must be met if your claim
is to succeed. The Employment tribunal time limits state that in
general, you must lodge a written grievance with your employer or
former employer within six months of leaving or changing jobs.
You
must then wait at least 28 days before lodging a claim with a tribunal
but the claim must be within the tribunal within 9 months.
If you
have left work or changed jobs more than 6 months ago, or this time
limit is approaching please contact us or register your details so we
can advise you on your options.
