Men and women doing equal work are entitled to the same pay under the Equality Act 2010. This guide explains what counts as equal work, how to bring a claim, and what compensation is available.
The principle of equal pay for equal work has been enshrined in UK law since 1970 — yet pay gaps between men and women remain widespread. If you are being paid less than a colleague of the opposite sex doing equal work, you have the right to claim.
Equal pay rights come from Part 5, Chapter 3 of the Equality Act 2010 (previously the Equal Pay Act 1970). The law implies a sex equality clause into every employment contract — meaning terms relating to pay and conditions must be no less favourable than those of a comparator of the opposite sex doing equal work.
You must identify a comparator — a real person of the opposite sex who is employed by the same employer (or an associated employer) and doing equal work to you.
The comparator:
You can compare yourself to a predecessor in your role (someone who previously did your job) or a successor, not just a current colleague.
Equal work means one of three things:
The same or broadly similar work, with any differences not of practical importance in relation to terms and conditions.
Work that has been given the same rating under a job evaluation scheme (a formal assessment of job demands).
Work that is different but of equal value in terms of the demands made — assessed by factors such as effort, skill, decision-making, and working conditions.
Work of equal value is the most commonly used route and can cover very different roles — for example, a predominantly female care worker comparing herself to a predominantly male warehouse operative at the same employer.
Even if you are doing equal work, your employer can avoid a claim by showing that the pay difference is due to a genuine material factor that is not related to sex.
Legitimate material factors may include:
If the material factor disproportionately disadvantages women (or men), the employer must also show it is objectively justified — a harder test.
Your employer cannot prevent you from disclosing your pay to a colleague for the purpose of establishing whether you are being paid less than an equal pay comparator. A pay secrecy clause that purports to stop you discussing pay for this purpose is unenforceable under the Equality Act.
Employers with 250 or more employees must publish annual gender pay gap data. The gender pay gap is not the same as unequal pay — it reflects the difference in average pay between all male and all female employees, not individuals doing the same job. However, a large gender pay gap may be evidence of systemic pay inequality.
Equal pay claims are brought in the Employment Tribunal:
Steps before the tribunal:
You can also use the ACAS equal pay questionnaire to obtain information from your employer.
If your claim succeeds, you can recover:
Compensation in equal pay claims can be substantial, particularly if there has been a long period of underpayment.
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