Equal Pay Claims

If you’re doing the same job as a colleague of the opposite sex, but are being paid less, we know how frustrated you must feel. However, you have the legal right to be paid equally for doing equal work. Our solicitors can help you make an equal pay claim so that you’re being paid fairly.

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However your equal pay dispute has occurred, we can help you make a claim.

Most equal pay claims are made by women who aren’t being paid as much as their male counterparts. But you may also have a discrimination claim if you believe you’re being paid less because of another “protected characteristic” such as your race, sexual orientation or age.

If you are being paid less than a colleague of the opposite sex for doing equal work, you may be able to make an equal pay claim against your employer.

“Equal work” is legally defined as work that’s the same or similar, or of equivalent or equal value.

Equal pay isn’t just your basic salary, it also covers contractual payments such as:

Pension contributions
Holiday pay
Sick pay
Contractual benefits
Contractual bonuses.

It’s common for equal pay claims to have an element of discriminatory behaviour behind them. For example, if you feel you are being paid less as a woman in the same role as your male counterpart or have been treated less favourably because of your sex, you would also have the right to make a sex discrimination claim.

However, there are some circumstances where differences in pay might be justifiable. For example, if a colleague is:

Better qualified
More experienced or is more skilled
Based in a location like London, where there may be an argument that pay can be justifiably higher
Hired at a time when market forces and skill shortages justify paying a higher salary.

You may also have a discrimination claim if you believe you are being paid less because of another “protected characteristic” such as your race, sexual orientation or age. Our experienced employment law solicitors can help you understand if that applies to you.

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We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.

Shah Qureshi

Partner

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Meet our experts

Shah Qureshi

Partner

Find out more

Frequently Asked Questions

We know that claiming against your employer can feel stressful. Our lawyers are here to support you every step of the way – from having an informal discussion with your employer, through to taking your claim to the employment tribunal if necessary.

How to make an equal pay claim

If you think you have an equal pay claim, it’s worth getting legal advice about your options from the start.

As a guide, you would normally go through the following steps:

Speak to your employer
You're entitled to ask your employer for information about your colleague’s pay and the reason for any differences. By speaking with your employer you may be able to resolve your dispute informally, without needing to make an equal pay claim.
Raise a grievance with your employer
If you don’t reach a resolution informally with your employer, you may wish to consider raising a grievance. To do so you’ll need to follow your employer’s grievance process. Raising a grievance can act as a middle ground between an informal conversation with your employer and making a legal claim. By doing so, it gives you and your employer the opportunity to investigate and potentially resolve your dispute before taking more expensive legal action.
Make an equal pay and/or discrimination claim
If you can’t resolve your pay dispute with your employer, then you may be able to make an equal pay claim. Depending on the circumstances of your case, you may be able to make a discrimination claim too.

What are the equal pay claim time limits

Before any claim can be made through the employment tribunal, you must engage in a process known as ACAS Early Conciliation.

This process aims to resolve your dispute without the need to go to a tribunal at all. If you don’t go through ACAS Early Conciliation, the employment tribunal won’t be able to consider your claim.

The time limits for making a claim at an employment tribunal vary depending on your employment situation and the type of claim you’re making. For equal pay claims:

If you’re no longer in employment, you’ll need to make a claim within 6 months of your employment ending
If you’re still in employment, there’s no time limit (there are some limited exceptions however, including if you’ve changed roles during the period of back pay you’re claiming).

For a discrimination claim: This should be brought to the employment tribunal within three months of the discrimination taking place, unless there is a continuing act of discrimination.

As this can be a complex area of the law, we recommend speaking with one of our equal pay solicitors as soon as possible. Your lawyer will be able to advise on time limits for claiming (and if any relevant exceptions to the time limits above apply to your case).

How much compensation can I claim in an equal pay claim?

If your equal pay claim is successful, you are entitled to have your pay increased to an equal level.

Usually, an Employment Tribunal also awards back pay or compensation for up to a maximum of six years. This is typically made up of the difference between the equal pay you should have been paid and what you actually received. The Employment Tribunal can also award interest on any compensation and can order your employer to carry out an equal pay audit.

If you have made a discrimination claim alongside your equal pay claim, there is no limit on the compensation you might receive.

Making an enquiry

We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.

Complete our online form
We need a few details to understand your situation and the kind of support you need.
We’ll contact you by phone
On the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointment
Your next step is an in-depth appointment with a specialist solicitor to discuss how we could advise you.