If you think that you are being paid less than your male or female colleagues because of your sex than you may have a claim for Equal Pay. It is unlawful for an employer to pay men and women differently unless there is a genuine reason for doing so. In addition, it is unlawful for an employer to prevent you from discussing your pay with colleagues, in order to establish whether you may have an Equal Pay claim. Please contact one of our advisers to discuss.
The Employment Tribunal has very strict and complicated time-limits for making equal pay claims; usually six months less one day from the date you were last employed on those terms. It is therefore important you seek advice as soon as possible.
What is a claim for Equal Pay?
In order to submit a claim for Equal Pay, you must show the following: –
- That you were employed on work that is equal to that or your male (or female) comparator.
- That you were being paid less than your comparator for a reason related to sex.
- There was no genuine material factor defence.
It is likely that you will have a claim for Sex Discrimination as well as an Equal Pay claim.
Who can bring a claim for Equal Pay?
There is no requirement to have been employed by your employer for any length of time. In fact, there is no actual need for you to be an employee. You can bring a claim for Equal Pay even if you are a worker.
If you are successful in your claim, an Employment Tribunal may award you compensation. This is usually the difference in pay between you and your comparator for a certain period.
In order to submit a claim to the Employment Tribunal for Equal Pay, the claim must be submitted six months less one day from the date you were last employed on those terms. The rules on time limits are complex however and you should seek advice on this.
If you consider you have a claim for Equal Pay, please contact one of our specialist Employment Law Advisors. We would be happy to help.