Equal Pay Claims
If you have been adversely treated by an employer by receiving a wage which is fundamentally different to that of another person doing the same or broadly similar work to you, it is likely that you will be entitled to bring a claim under The Equality Act 2010. This claim usually applies where someone of a different sex is paid a lower wage than the other as a consequence of ‘pay discrimination’.
In order to find out if there is a disparity you will require evidence which might be obtained by reference to;
- Salary questionnaires
- Evidence from a ‘comparator’
- Job adverts
To bring a claim you will need to identify a ‘comparator’ and then the burden will shift to the employer who will need to prove that the reason for any disparity is not as a consequence of gender. If you are unable to point to an actual comparator it might still be possible to bring a claim for sex discrimination under the Act.
The time limit for bringing a claim is longer than the usual 3 months as you are able to bring a claim at any time whilst still employed, or within 6 months of the end of the employment.
However, given the complexity of this area of law, if you are concerned that you might have suffered or are suffering ‘pay discrimination’ then you will need to contact an expert for advice on your rights.