Equal Pay
If you have experienced or are still experiencing the unfairness of unequal pay at work, start an equal pay claim by contacting our specialist team of equal pay solicitors today.
The Equality Act 2010 provides that women and men must receive equal pay for doing equal work unless there is a non-discriminatory reason to explain the difference.
Equal work is work that is the same or similar or where it has been formally rated as equal by your employer. Work that is not similar will also be equal work if the demands, skills and responsibilities involved in both jobs are equal.
Our expert team of equal pay solicitors has more than 35 years of experience in the field. We can help find out if you have a claim and guide you through the next steps.
Visit our Equal Pay Now website if you are a retail worker.
Leigh Day has launched national group equal pay claims on behalf of store workers in the major supermarkets and fashion retailer, Next. The store workers in these claims are claiming equal pay to their colleagues working in distribution centres and warehouses.
If these claim win, workers who have joined the claim may receive backpay as well as a pay increase.
Visit Equal Pay Now
Read more about our action against ASDA, Tesco, Sainsbury's, Morrisons, Co-op and Next.
What are equal pay claims?
Equal pay law is set out in the Equality Act 2010. If you’re being paid less than a colleague of the opposite sex doing equal work to you, you may have a claim.
Equal pay claims must be submitted within strict time-limits, usually within 6 months of leaving or changing your job.
In some instances, you may be able to bring a claim in the civil courts, rather than the employment tribunal. The deadline for civil claims is different. Always seek prompt advice on the deadlines that apply.
An employer can defend your claim by arguing that your work is not equal work or that the difference is explained by reasons that are not connected to your sex.
Reasons could include:
- Length of service
- Experience
- Qualifications
- Geographical reasons (such as a London-based salary)
- Market forces at the time of their recruitment.
Our lawyers can advise on whether your employer is likely to have a lawful reason.
Who can make an equal pay claim?
Equal pay applies to both men and women, but your comparison must be between someone of the opposite sex.
The person that you are comparing your job to does not always have to work in the same location as you.
Equal pay over more than just your basic pay. You can also compare other contractual benefits such as:
- Pension contributions
- Holiday pay
- Sick pay
- Premiums
- Contractual bonuses
- Performance-related pay
- Annual leave entitlement
How do I make an equal pay claim?
Equal pay law is not straight forward and if you are wanting to make a legal claim, we recommend that you take advice, whether through your trade union, or a lawyer that specialises in equal pay.
Organisations, such as Acas and the Equality & Human Rights Commission have further information and helpful guides on their websites about equal pay law and the steps involved. You can also contact Leigh Day for help and support.
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Our work with equal pay claims
We have represented thousands of council employees as well as employees working for private companies. Here are just a few of our most notable examples:
Birmingham City Council
Leigh Day successfully brought an equal pay claim against Birmingham City Council. In a landmark judgment we ensured that claims that were out of time in the Employment Tribunal could be heard in the High Court instead where the time limit is longer.
This significant decision enabled Leigh Day to assist over 4,500 employees who had been underpaid.
Coventry City Council
Leigh Day represent over 80 GMB members in their equal pay claims against Coventry City Council. These claims examined various pay practices that were granted to male workers in the waste department but were not given to female employees on the same grade.
Retail Store Worker Cases
Leigh Day is currently representing tens of thousands of store workers in their equal pay claims against ASDA, Tesco, Sainsburys, Morrisons, Co-op and Next. You can find out more here.
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 certain 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 a maximum of 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.