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Equal Pay Claims

All employers are legally required to provide equal pay for all employees performing the same duties as per the Equality Act 2010 external link icon white however not all do. If you are paid differently to someone else at work for the same job, you be able to claim compensation.

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What is an equal pay claim?

Issues surrounding equal pay for employees have been a problem for decades, but many organisations are still offering unequal pay to staff – particularly female employees. In 2021, 78 % external link icon light blue of reporting employers stated that the media hourly wage was higher for men than women in their company. It’s clear that this problem hasn’t gone away – so to fight back against this problem many are opting to make claims against their employer.

An equal pay claim refers to a legal action taken by an individual who believes they are being paid less than someone of the opposite gender for doing the same or similar work. The claim asserts that the discrepancy in pay is unjustified and amounts to gender-based discrimination. The purpose of an equal pay claim is to seek fair and equitable compensation for the work performed, ensuring that gender does not influence remuneration.

Our work at Claims Bible aims to make the process of equal pay claims as simple, effective and stress-free as possible. We can help you understand the validity of your claim and will guide you through the claims process at every step.

Who can make an equal pay claim?

Equal pay claims can be made by both women and men. The key requirement is that the claimant must demonstrate that they are being paid less than a person of the opposite gender who is engaged in the same or substantially similar work. This means that anyone who believes they are experiencing unequal pay due to gender discrimination can potentially bring forward a claim to challenge the disparity.

Can a man bring an equal pay claim?

Absolutely. Equal pay legislation does not solely protect women. Men who believe they are experiencing unequal pay due to gender-based discrimination can also initiate equal pay claims. The principle behind equal pay is to eliminate gender bias in compensation, and men have every right to challenge pay disparities if they can demonstrate that they are being paid less than their female counterparts for the same or similar work.

What are the stages of an equal pay claim?

The process for making an equal pay claim is quite involved, which is why working with our team at Claims Bible can make things easier for you. Here’s how it works:

Initial Assessment

The first stage involves assessing the claimant’s case and gathering relevant information, such as job descriptions, employment contracts, and evidence of pay disparities.

Internal Resolution

Before commencing legal proceedings, it is usually advisable to attempt resolving the issue internally. This may involve engaging in discussions with the employer or using the company’s grievance procedures.

Key Fact

Although there’s a six-month time limit for unequal pay claims at an Employment Tribunal, you can use civil courts to make historic claims of up to 6 years.

ACAS Early Conciliation

If the internal resolution is unsuccessful, the claimant must notify ACAS external link icon light blue (Advisory, Conciliation and Arbitration Service) and participate in the early conciliation process. ACAS acts as an intermediary, facilitating discussions between the claimant and employer to reach a settlement.

Employment Tribunal

If ACAS conciliation fails to resolve the dispute, the claimant can proceed to file a claim with an Employment Tribunal external link icon light blue. The tribunal will evaluate the evidence and make a decision based on the merits of the case.

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How to calculate an equal pay claim?

Calculating an equal pay claim involves determining the difference in pay between the claimant and the comparator. As these claims are established on a case-by-case basis, it’s important to look at your specific circumstances when calculating equal pay claims. To do this, we’ll work with you to create a strong case that demonstrates unequal pay. Our process for calculating your equal pay claim uses several key steps which include:

Establishing a Comparator

A comparator is a person of the opposite gender who performs the same or similar work to the claimant. The comparator should be identified based on factors such as job role, skill level, responsibilities, and working conditions.

Gathering Pay Information

Pay information for both the claimant and the comparator should be collected. This includes salary, bonuses, overtime payments, and other elements of remuneration.

Assessing Equal Value

The next step is to determine if the work being compared is of equal value. This involves examining factors such as effort, skill, responsibility, and the level of demand required for the job.

Did you know?

Over three quarters external link icon white of all UK businesses pay their male employees more than their female employees?

Identifying Pay Discrepancies

A comparison is made between the claimant’s pay and the comparator’s pay. If the claimant is receiving less pay for equal work, a pay discrepancy is established.

Calculating the Equal Pay Claim

The calculation takes into account the difference in pay between the claimant and the comparator. The claimant may be entitled to receive the amount equivalent to the difference in pay as compensation.

Due to the complexity of unequal pay claims, it’s always advisable to utilise the expertise of a claims specialist. At Claims Bible, we can help navigate you through the process of calculating your equal pay claim to ensure you receive fair compensation.

How to claim equal pay?

To claim equal pay, it’s highly recommended that you enlist a professional who works with these types of claims. By bringing in the experts like our team at Claims Bible, the chances of a successful claim rise dramatically. What’s more, it takes a great deal of stress out of the process, ensuring that you don’t have to dedicate too much time to your claim. Here’s our process for helping you with your equal pay claim:

Build your case

We’ll start off by building your case for you. This will typically involve collecting all of the right evidence such as job descriptions, employment contracts, pay slips, and any other documents that demonstrate the pay discrepancy between the claimant and the comparator.

Resolution and Conciliation

We’ll aim to make your case as effective as possible, which might mean going through different channels to make a claim. We’ll start with an informal resolution with your employer, but if that doesn’t work we can advance things to ACAS on your behalf.

 

Did you know?

If you can demonstrate that your pay is less than an employee performing the same role as you, you can claim for unequal pay.

Resolution and Conciliation

We’ll aim to make your case as effective as possible, which might mean going through different channels to make a claim. We’ll start with an informal resolution with your employer, but if that doesn’t work we can advance things to ACAS on your behalf.

File an Employment Tribunal Claim

If ACAS conciliation fails to resolve the dispute, we’ll move on to file an equal pay claim with an Employment Tribunal. We’ll gather all relevant information and evidence to support your claim.

Common questions

When to bring an equal pay claim?

Equal pay claims should be brought as soon as possible. There are strict time limits for initiating a claim, which usually requires that the claimant brings the case within six months from the date of their last paycheck reflecting the unequal pay. It is crucial to act promptly to ensure the claim is not time-barred.

Can you claim historical equal pay?

Yes, it is possible to claim historical equal pay. The Equality Act 2010 in the United Kingdom allows individuals to claim for up to six years of backdated pay if they can prove they have been subject to unequal pay during that period. This means that claimants can potentially receive compensation for past instances of unequal pay, depending on the circumstances of their case.

How far back can you claim equal pay?

The general rule is that equal pay claims can cover a period of up to six years from the date of the claim. However, there may be exceptions to this rule, such as cases involving ongoing or systematic discrimination, which may allow the claimant to claim beyond the six-year limitation.

How are equal pay claims calculated?

Calculating equal pay claims involves comparing the pay of the claimant with that of a comparator of the opposite gender who performs the same or substantially similar work. The aim is to identify any discrepancies in pay and determine the extent of the claimant’s entitlement to equal pay.

Choose claim

Choose from the different claims below. You can either visit the page to read more about the claim or submit your claim straight away.

Asda Equal Pay

Claim compensation for equal pay from Asda supermarket.

Tesco Equal Pay

Claim compensation for equal pay from Tesco supermarket.

Morrisons Equal Pay

Claim compensation for equal pay from Morrisons supermarket.

Sainsbury’s Equal Pay

Claim compensation for equal pay from Sainsbury’s supermarket.

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