Employment Law
Equal Pay Disputes
Expert Equality Act Solicitors in Manchester and London providing expert advice on Equal Pay Disputes
Under the Equality Act 2010 and equal pay legislation, men and women are entitled to be paid the same amount for equal and similar work in both full time and part time work. This right is not just for equal pay but extends to the entire employment contract. Our solicitors can help and assist with equal pay disputes.
Even in our seemingly progressive society, in both the public sector and private sector, there are still many workplaces that pay women a lower wage due to child care or maternity leave. This right however, is not just for women, men are also entitled to bring a claim for equal pay.
How To Make A Claim For Equal Pay?
To make a successful claim for Equal Pay under the Equality Act 2010 you must be able to point to a colleague of the opposite gender who is paid more, or has more favourable benefits, than you. For this test you cannot use a hypothetical comparator.
Your comparator must:
- Be of the opposite sex;
- Be employed by the same or an associated employer; and
- Be employed in a comparable position.
What Is Considered A Comparable Position?
In order to make a claim for equal pay you must provide a comparator who undertakes work that is comparable to your own.
This includes someone who is doing:
- ‘Like work’ – The work is of the same or broadly similar nature. This is not the work contained in the job description but refers to the work you actually undertake. Any difference between you and the comparator must be relatively unimportant.
- ‘Work rated as equivalent’ – An evaluation scheme has rated your jobs as the same but just with different headings.
- ‘Work of equal value’ – Effort, skill and demand required are the same.
What Will I Receive If I Win My Equal Pay Dispute?
If you win your case for equal pay then you will have established that discrimination on the grounds of gender has been established. This means that in your contract there must be an equality clause, ensuring equality in all aspects of your contract.
You will also start receiving equal pay to your colleague of the opposite sex that you used as a comparator. In addition to this you will be able to claim for the difference in pay for up to 6 years before you brought the action. In some circumstances the back-pay period may be longer.
How Can Monarch Solicitors Help with Equal Pay Disputes?
If you feel you are not being paid equally due to a gender pay gap, it is imperative to seek legal advice to protect your rights and to be treated equally.
Our specialist employment solicitors have decades of experience dealing with equal pay disputes. They are well equipped to deal with a whole manner of different cases no matter how big or small.
Our team have had great success negotiating settlement offers, taking claims to the Employment Tribunal, and many more. Every person we represent receives the same high quality of treatment and personal service.
Legal Costs & Service Transparency
If you are considering taking Court action due to a breach of employment law the legal costs should be weighed against the amount likely to be received in damages.
We know it’s important to your business that the legal costs of the dispute are kept under control so as to not affect your cash flow.
We’ll not only ensure that you’re aware of costs implications from the outset, we’ll provide you with step-by-step cost estimates or fixed fees for each stage of the work. We’ll also consider funding options to suit your business needs so you can be sure that our legal services are cost effective.
For more information regarding legal funding options, please click here for more information.
About Our Employment Team
At Monarch Solicitors, our employment lawyers have vast experience, expertise, and knowledge in resolving all kinds of domestic and international employment disputes, whether it be complex or technical or simply a disagreement over pay and working conditions.
We have particular expertise in relation to the following areas:
- Bullying and harassment
- Constructive dismissal
- Discrimination
- Employee grievance
- Employment tribunal representation
- Garden leave
- Maternity and family rights
- Redundancy
- Restrictive covenants
- Settlement agreements
- Unfair dismissal
- Unpaid wages
- Whistleblowing
Contact Our Employment Solicitors
Our expert employment lawyers are available to discuss your equal pay dispute.
Please contact our employment advisors for immediate assistance by sending an email to us at [email protected] and one of our employment solicitors shall call you back.
Alternatively, please call our employment solicitors in Manchester on 0330 127 8888 for a no obligation discussion.
Monarch Solicitors are a leading UK law firm and our award-winning Manchester solicitors, London solicitors and Birmingham solicitors offer their legal expertise nationally and internationally.
We are also able to leverage an international network spanning across Hong Kong, Turkey and Dubai to provide seamless assistance with cross-border matters relating to equal pay disputes.
FAQ
You can make an equal pay claim under the Equality Act 2010 if there is discrimination on the grounds of:
- Sexual Orientation
- Age
- Race
- Religion
You will be given the same pay as someone of the opposite sex who are in a comparable job and your employment contract will be revised so that each term, which is deemed to be less favourable, will be revised so that it is fair and equal. Also, depending on the nature and circumstances of your claim, you may also have a legal right to claim for the difference in earnings lost for up to six years.
No, if they are both doing the same job they must be paid equally for their hourly rate.
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