Equal Pay

The Equal Pay Act entitles you to claim equal pay for work which:-

• Is the same or broadly similar (known as like work') to that done by someone of the opposite sex (known as the 'comparator'). The comparator must be working far the same employer as you; or
• Even though it may be quite different, is of 'equal value' to the comparator's job in terms of the demands on you.

.: The Equal Pay Act also covers most other terms of your employment, for example:-

• Working hours.
• Holidays.
• Sick pay.
• Pensions.

Most equal-pay complaints are by women, but the law also applies to men who are paid less than women for the same work. If you believe that you are not being paid the same as someone else of the opposite sex for the same work, you should first take up your complaint with your employer, through their grievance procedure (if they have one).

If that doesn't work, you can take an equal-pay claim to an employment tribunal. If the jobs being compared are fairly similar, it is usually best to make a 'like-work' claim as well as an 'equal-value' claim. The tribunal will examine your like-work claim first and, if that fails, it will go on to consider the equal-value claim.

The process of taking either a 'like-work' or 'equal-value' claim can be complicated. Even if the tribunal decides that you are doing like- or equal-value work, the employer may be able to convince them that there is a 'material factor' (a good reason other than your sex) why you are paid less. You can get more details and advice about the process from the Equal Opportunities Commission

You can get advice and support about taking a claim from your union if you have one, or from a law centre, Citizens Advice Bureau or solicitor.

.: Part-time work.

The Sex Discrimination Act and the Equal Pay Act cover all workers, including people who work:-

• Part time;or
• On casual or temporary contracts.

In an equal-pay claim, a part-time job can be compared with a similar full-time job on a pro rate basis (that is, based on the number of hours each of you work). Because most part-time workers are women, if they are treated worse than full-time workers, this could amount to indirect discrimination under the Sex Discrimination Act. If you want towork part-time (or flexitime, at home, or in a job-share), because, for example, you need to care for a child, and your employer refuses without good reason, you might have a claim for indirect discrimination.

Part-time workers are also protected by the Part-time Workers Regulations 2000 which give them the right to the same pro-rata contractual benefits (rates of pay and holidays, for example) as full-time workers doing the same work. In this case, it doesn't matter whether the workers being compared are the same sex or not.

.: Having a child.

It could break discrimination laws because a women is pregnant, or needs to care for her children, and she is:-

• Dismissed or made redundant.
• Refused promotion; or
• Treated differently in some other way.

.: Examples of this kind of discrimination include:-

• If a woman is moved to a less-rewarding job when she comes back to work after having a baby; and
• If a breast-feeding mother was told she could come back to work only if she worked have to show that she really needed to work full-time and that, for example, she could not do part of her job at home.