Equal Pay Claims
The law relating to equal pay is intended to ensure that men and women are paid the same for doing a comparable job. In other words, if a man and a woman do the same job for the same number of hours they should, by law, receive the same amount of pay.
This law applies equally to male and female workers, and also applies to casual workers and agency staff such as supply teachers, nurses who work on a ‘bank’ system etc.
The law also applies to people who may consider themselves to be self-employed but who provide a service as opposed to a product.
There is no distinction made between full and part-time staff and the length of service also has no bearing on your protection.
It has to be noted that equal pay legislation isn’t about what constitutes fair pay. It is solely meant to establish that equal payment is made to anyone, regardless of their gender and irrespective of the conditions mentioned above, in return for equal work.
If an employer seeks to discriminate, they may claim that the work being done is not, in fact, comparable to that done by another employee of a different gender. Therefore it should be made clear that if the aggrieved employee is doing work that is broadly similar to work done by another worker (past or present); if the work being done is of roughly equal value or if the work being done comes into the same grade under an evaluation study there might be grounds for a claim under the Equal Pay legislation.
If you believe you may be the victim of unfair pay based on your gender and your employer is unwilling to come to an agreement or settlement, then you should look for some professional advice. At Khan McKenzie Solicitors we can offer you expert opinion regarding fair pay, and if necessary we can act as your advocates in this matter. Our offices in Wolverhampton and Birmingham are at your disposal, or you can make an initial enquiry via our website: advocates4legalhelp.com
Many claims under this legislation are made based on a discussion around what actually constitutes ‘equal value’ in terms of the work you do, as often you may be the only person in an organisation filling your role. Cases brought before an industrial tribunal in which this situation applies will then be assessed – often by an independent expert in the field of job evaluation. The expert will look at many aspects of the work done, and will prepare a report that will take into account all the relevant factors, including such things as responsibility for quality and standards, responsibility for other staff, working relationships, physical and mental effort, etc. etc.
If you do a job that is not undertaken by anyone else in your company or organisation, and you believe that you may be receiving less pay than someone else of a different gender than yourself whom you believe to be doing a comparable but not identical job, then you may have a case for a claim. Should you feel unwilling to take the matter up with your employer without having a clear idea of whether you have a solid claim, then it is possible that we at Khan McKenzie. Solicitors might be able to make an evaluation on your behalf which, while it might not be as through as that provided by an expert evaluator appointed by a tribunal (due principally to the amount of access we might be able to gain) we should certainly be able to give you an informed opinion.
Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our clients. If you would like to discuss any matter related to Equal pay claims, please contact us through phone +44(121)794 2000 or alternatively make an online enquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and personalised service with very competitive costs.