Starting your equal pay claim
You’ve already tried to resolve your pay dispute by speaking to your employer.
You’ve attended mediation or taken ACAS up on the offer of early conciliation.
And still you’ve got nowhere.
Now it may be time to make your equal pay claim. In preparation for your tribunal, you’ll want to find an employment solicitor. You’ll also want to make sure you have as much evidence as possible to support your case.
Gathering evidence
You’ve probably heard the term ‘burden of proof’ on TV. It means an obligation to prove an assertion. So, in all those ITV crime dramas, when the police arrest a suspected criminal, they must show evidence to support it.
When it comes to equal pay, the burden of proof is on you to begin with. You’ll need to prove that you’re being paid less for equal work, work of equal value, or work rated as equivalent compared with a colleague.
You should also be able to show that the discrepancy in pay is linked to protected characteristics, such as age, race, or gender, which are covered by law in the Equality Act 2010.
Once this is done, the burden of proof falls on your employer. They may then produce further evidence that shifts the burden back onto you.
Because of this, you’ll want to gather as much evidence as possible to show your claim is accurate and true. The more you have, the stronger your equal pay claim will be.
Keep your records
Make sure you keep all correspondence with your employer, whether it’s letters, emails, call logs, or meeting notes. If applicable, you should also consider maintaining incident records, as you would in a discrimination claim.
This should include the event, dates, times, locations, and people involved, including any witnesses. Keep everything in date order.
You’ll need all this information when lodging a claim.
Request information from your employer
Ask your employer for information on their pay scale and structure, and how salary decisions are made. The company isn’t obliged to hand this over, only the courts or tribunal can force them to make it public, but it’s worth asking. It might help give you an insight into why you’re being paid less.
As part of this process, you can also ask to see the terms and conditions of your comparator. Use the ET1 or Equal Pay Questionnaire form where appropriate.
Dig out your contract
It’s important for a tribunal to see your job description, so leaf through your contract to find it. You can use this when comparing your current role with that of a colleague.
However, any equal pay claim is based on the work you currently do, not just the work you were originally contracted for. So if you’ve taken on new tasks or responsibilities, or your working conditions have changed, these should also be recorded.
Equal pay doesn’t stop at your wage or salary. It also covers company benefits, perks, bonuses, and even your pension, which should also be referenced in your contract.
All of this can make a difference when proving that you’re performing equal or equivalent work.
Choose a comparator
Arguably the most important factor in your equal pay claim is choosing a comparator. This is the colleague against whom you compare your work and pay.
They don’t need to be in exactly the same role as you, but they should perform work that is equal, of equal value, or rated as equivalent. You can also choose your predecessor as a comparator, even if they no longer work for the company.
You’re free to choose more than one comparator, but the more comparators you have, the more complex your claim becomes. It’s often best to focus on one or two colleagues. If no comparator exists in your workplace, you could instead make a direct discrimination claim. A solicitor will be able to advise you on the right route.
Disproving your claims
Just because you’re being paid less than your comparator, it doesn’t automatically mean you’ll win an equal pay claim.
During the tribunal, your employer must justify their position. They need to prove that you’re not getting paid less because of your gender, or another protected characteristic.
For example, they might point out that your comparator has much more experience than you, or that they’re based in a different location which attracts higher pay.
If your employer can’t prove this, or your evidence suggests otherwise, they may be found in breach of the Equality Act 2010.
Another defence sometimes used by employers is that your performance is not as strong as your comparator’s.
Where possible, gather evidence to challenge that argument. Useful proof might include client or customer feedback, correspondence with senior staff, appraisal records, productivity data, or training certificates.
Lodging your claim
If you or your solicitor hasn’t yet informed ACAS of your intention to take your employer to an employment tribunal, this is your next step.
You can make an equal pay claim while still working for the company or up to six months after you’ve left the business. Your solicitor will advise you on what evidence you need to prove your claim and how strong your case is based on the evidence you already have.
If you still need legal expertise, The Law Superstore’s quick quote form lets you compare and connect with employment solicitors ready to guide you through the tribunal process.
What is the criteria for an equal pay claim?
The criteria for an equal pay claim are centred around the principle of ensuring that men and women receive equal pay for equal work.
This includes work of equal value, like work, or work rated as equivalent.
To make a claim, an individual must demonstrate that they are not receiving the same pay as a colleague of the opposite sex performing similar work, unless the employer can justify the difference on grounds other than gender.
What is the burden of proof in equal pay claims?
In equal pay claims, the burden of proof initially lies with the claimant, who must establish a case of unequal pay for comparable work.
Once this is demonstrated, the burden shifts to the employer to prove that the pay disparity is due to a material factor that is not gender-related.
This aspect of the claim process underscores the importance of transparency and fairness in pay structures.
What are considerations for equal pay?
Considerations for equal pay involve a range of factors, including job evaluations, market forces, and individual performance.
Employers must ensure that their pay practices are free from gender bias and that any pay differences are justifiable on legitimate grounds.
Regular pay audits and reviews are essential to maintain compliance with equal pay legislation and to address any disparities proactively.
What is a discussion of the legal requirements relating to equal pay?
A discussion of the legal requirements relating to equal pay revolves around the obligation of employers to provide equal remuneration to men and women performing the same or similar work.
This includes not only basic salary but also other benefits and bonuses. The law mandates that any differences in pay must be objectively justified and unrelated to the gender of the employees.
Compliance with these legal requirements is crucial to prevent discrimination claims and to promote fairness and equality in the workplace.