Equal Pay
If you have experienced, or are still experiencing, unfairness due to unequal pay at work, contact Leigh Day's specialist team of equal pay solicitors today to discuss your situation and explore your options.
Equal pay law requires women and men to receive equal pay for doing equal work, unless an employer can show a non discriminatory reason for any difference.
Equal work can mean work that is the same or broadly similar. Work that has been formally rated as equal by an employer. Different work that is of equal value, where the demands, skills and responsibilities are comparable.
What is an equal pay claim?
You may have an equal pay claim if you are paid less than a colleague of the opposite sex for doing equal work. Equal pay claims are brought under the Equality Act 2010.
Strict time limits apply. In most cases, a claim must be brought within six months of leaving or changing your role. In some situations, claims can be brought in the civil courts, where different deadlines apply. It is important to seek advice as early as possible.
Who can bring an equal pay claim?
Equal pay applies to both men and women, but comparisons must be made with someone of the opposite sex. Your comparator does not need to work at the same location.
Equal pay is not limited to basic pay. You may also be able to compare contractual benefits such as pension contributions, holiday pay, sick pay, bonuses and other pay related incentives.
Getting advice on an equal pay claim
Equal pay law can be complex. If you are considering bringing a claim, it is important to seek advice from a trade union or a lawyer who specialises in equal pay. You can also contact Leigh Day for guidance and support.
Tesco fails in Court of Appeal bid to challenge equal pay job assessment approach
Lawyers representing tens of thousands of supermarket workers have welcomed a Court of Appeal ruling on how tribunals should assess the value of the roles carried out by Tesco shop workers in the long-running equal pay litigation - describing the ruling as an important step towards improving access to justice in large-scale equal pay claims.
Tesco faces employment tribunal over claim it helped set the ‘market rates’ used to justify pay gap
Lawyers for more than 60,000 shop workers bringing equal pay claims against Tesco will tell the Employment Tribunal the supermarket giant cannot defend paying them less by pointing to “market rates”.
Landmark equal pay win for thousands of workers against retailer Next
Thousands of Next staff have been victorious in their equal pay claim against the retailer following a six-year legal case
What the directories say
It is hard to comprehend the amount of time and effort that goes into cases from the team. I am made to feel like I have their sole attention and they could not do any more for myself.
Chambers and partners 2024
The Equal Pay Now website is powered by Leigh Day. The legal team is making significant progress in these claims, including achieving a landmark equal pay win for Next store workers.
To find out more about the retail equal pay cases, or to join one of the claims, visit the Equal Pay Now website.
Tesco fails in Court of Appeal bid to challenge equal pay job assessment approach
Lawyers representing tens of thousands of supermarket workers have welcomed a Court of Appeal ruling on how tribunals should assess the value of the roles carried out by Tesco shop workers in the long-running equal pay litigation - describing the ruling as an important step towards improving access to justice in large-scale equal pay claims.
Tesco faces employment tribunal over claim it helped set the ‘market rates’ used to justify pay gap
Lawyers for more than 60,000 shop workers bringing equal pay claims against Tesco will tell the Employment Tribunal the supermarket giant cannot defend paying them less by pointing to “market rates”.
Landmark equal pay win for thousands of workers against retailer Next
Thousands of Next staff have been victorious in their equal pay claim against the retailer following a six-year legal case
Equal pay FAQs
To make a grievance about equal pay to your employer, you do not need to be able to prove there is a pay issue. Due to the secrecy that too often surrounds pay, you may only have a suspicion, rather than concrete evidence, that you are not receiving equal pay or benefits to a colleague of the opposite sex while doing equal work, due to the secrecy that often surrounds pay. If you do have evidence, you should mention this in your grievance.
The time limit for bringing an equal pay claim to the employment tribunal can vary depending on your circumstances.
If you are currently working for the employer in the role to which your claim relates, the time limit has not started yet. If you have left your employer or your role has changed in specific ways, you will have six months from the day you left or from when your role changed. The time limit in the civil courts is six years (five years in Scotland).
If your equal pay claim is successful, you may be entitled to up to six years of back pay starting from the date the proceedings were filed with the employment tribunal. In Scotland, you can receive up to five years of back pay.
An employer may defend an equal pay claim in a few ways, including:
- Providing evidence that your colleague is being paid more for non-discriminatory reasons.
- Demonstrating how your work is not equal.
An employer may argue that the jobs are not equal, or that any difference in pay is due to a lawful reason unrelated to sex. This may include factors such as length of service, experience, qualifications, location or market conditions at the time of recruitment.
Our lawyers can advise on whether an employer is likely to have a valid defence.