Equal Pay Claim

Proving an equal pay complaint can be challenging for employees.

We can help you make a claim for equal pay.

Equal pay claim

The law is clear that all employees should receive equal pay for equal work, but the reality is often less straightforward.

If you are receiving less pay than someone of the opposite sex who is doing the same work as you for the same employer, you may have a claim for equal pay.

Employment law provides protection not just in relation to pay, but also to all other contractual terms such as pension and bonus schemes.

Enforcing your rights can however be challenging. In any equal pay claim, the burden of proof is on the employee making the complaint to provide evidence that proves the difference in pay.

What you need to know about making an equal pay claim

To bring a claim for equal pay, you will need to gather proof of the disparity and exhaust internal complaints procedures.

Gathering reliable and credible evidence of the difference can however be difficult, particularly where information needs to be requested from the employer. This could involve using the grievance process to collate more information or looking to other sources of information to support your case.

In some cases, equal pay complaints can give rise to other problems such as victimisation, or adverse treatment, which can give rise to additional legal complaints. 

You will also have to be prepared for your employer’s defence, potentially refuting the allegations and justifying any differences on lawful grounds.

We can help

DavidsonMorris’ employment solicitors have specialist experience in equal pay claims for employees.

If you believe you are being paid less than another employee of the opposite sex for the same work and for the same company, we can help.

We understand this is a highly sensitive and emotive area and that raising the issue and attempting to redress the balance can result in unease among teams and organisations where employees are carrying out similar work.

Our approach is to ensure a balance between assertive enforcement of your rights while focusing on achieving a resolution and preserving the employment relationship.

We can help assess the full extent of your claim, from salary through to other contractual benefits where you may be receiving less than others doing the same work, and guide you through the complaints process, including negotiating on your behalf and managing the tribunal process should you proceed with a claim.

Equal pay claims typically present a number of difficulties for employees. We have experience of advising on selecting the appropriate ‘comparators’ within your organisation, which will be fundamental to your complaint.

We also look at non-contractual or discretionary payments, or issues such as recruitment, training, promotion, dismissal or the allocation of benefits, which would be dealt with under the sex discrimination provisions of the Equality Act 2010 rather than the equal pay rules.

In addition, we can support with enforcing your rights in relation to issues such as victimisation and adverse treatment relating to the equal pay complaint.

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