North West Employment Law - Specialist Employment Solicitors

Equal Pay

You can claim equal pay with a higher paid colleague (comparator) of the opposite sex if Equal Pay

  • your work is the same or broadly similar, or
  • your work has been rated as equivalent under a job evaluation scheme, or
  • the demands of the jobs are of equal value.

Your comparator must be or have been employed by the same employer as you.

Your claim will not succeed if your employer can show that the difference in pay is for a genuine reason which is not the difference in sex.

If there is evidence of indirect sex discrimination in pay systems your employer has objectively to justify the difference in pay.

Bringing an Employment Tribunal Claim

There is no qualifying period of employment before you can bring a claim for equal pay.

In most cases it is advisable to send a written grievance to your employer before you submit a claim to the employment tribunal.

NWEL can advise you on how to obtain information from your employer as to why they say you are being paid less than a colleague of the opposite sex and to enable you to identify comparators.

In all cases there are strict time limits so it is important to seek legal advice as soon as possible.