I get paid less than a colleague doing the same job

Quick Answer

You may have an equal pay claim if you are paid less than a comparator of the opposite sex doing equal work. The law requires equal pay for like work, work rated as equivalent, or work of equal value. Claims can cover up to six years of underpayment.

Equal pay law under the Equality Act 2010 implies an "equality clause" into every employment contract, entitling you to equal pay and contractual terms with a comparator of the opposite sex engaged in equal work.

Equal work means: (1) like work — the same or broadly similar work; (2) work rated as equivalent under a job evaluation scheme; or (3) work of equal value — where the demands of your job are equal in terms of effort, skill, and decision-making, even if the jobs are different.

If you can identify a real comparator (an actual colleague or predecessor, not a hypothetical person) of the opposite sex who does equal work and receives better pay or terms, you can bring a claim. Your employer must either explain the difference by reference to a "material factor" unrelated to sex (e.g., a genuine skill difference, geographic pay variation, or market rate justification) or pay you the difference.

You do not need to have been dismissed to bring an equal pay claim — it can be brought while you are still employed. Claims can be brought in the Employment Tribunal or (for larger claims) in the county court. The time limit is six months from the end of employment, but arrears can be claimed for up to six years.

Equal pay claims are complex and often involve analysis of grading structures, job content, and pay data. Many employers have significant structural pay gaps and these cases can be high-value, especially in public sector contexts. Trade unions and specialist employment solicitors often assist with these claims.

Relevant legislation

  • • Equality Act 2010, s.64–71
  • • Equal Pay Act 1970 (now consolidated into Equality Act)

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