Discrimination and equal pay
Do you feel as though you are being discriminated against and you are not receiving equal pay?
Although an employer can require employees to keep pay rates confidential from people outside of the workplace under the Equality Act 2010, it is unlawful for employers to prevent employees from having discussions to establish if there are differences in pay.
Both men and women can bring claims for equal pay and when deciding if there is equal pay at your organisation there are a variety of things to consider:
The equal terms can cover all aspects of pay and benefits, including:
performance related benefits;
access to pension schemes; and
annual leave entitlements.
Employees can compare any terms in the contract of employment with the equivalent terms in a comparators contract. We have a vast amount of experience in investigating equal pay claims and helping you find the correct comparator.
If you would like further advice on equal pay within the workplace or assistance in the process you should follow when raising a grievance please contact Katherine Maxwell or Naomi Greenwood.
Who is a comparator?
In order to be able to bring a claim you must be able to identify a colleague of the opposite sex who is working for the same employer, doing work of equal value, whose terms and conditions in relation to pay are different to yours.
What is work of equal value?
'like work' - work that is the same or broadly similar
work rated as equivalent under a job evaluation study
work found to be of equal value in terms of effort, skill or decision making.
What can I do if I think I am being discriminated against and not being paid equal pay?
If you believe that you are being discriminated because of your sex and this is illustrated in your pay then the team at Moore Blatch are able to help you negotiate a solution or bring a case against your employer. Usually the first step would be to write to your employer asking for information that will help establish whether there is a pay difference and if so, the reasons for the difference. Once you receive this information we will be able to assess the strengths and weaknesses of your case.
Equal pay claims can be resolved informally or through the employer’s formal grievance procedure. However if this does not resolve the situation you may be able to bring a case to the employment tribunal. A claim may be brought while you are still employed or up to six months after the termination of employment
Can an employer defend the claim?
Yes, an employer may defend a claim if they show the reason for the difference is due to a genuine factor and not based on the sex of the employee.