What is equal pay, and can I make a claim?
If you believe you are at the heart of an equal pay issue, in the first instance you need to determine whether the issue is in fact and equal pay or gender pay. These are two very different issues within the workplace, but both could be grounds to make a claim.
What is the difference between equal pay and gender pay?
Equal pay relates to both men and women receiving the same amount of pay for work of equal value.
Gender pay on the other hand is the difference in pay between the average earnings of men and women within a company. Gender pay looks into data such as the ratio of men and women in senior roles within a company and the number of part time workers there are as a result of childcare commitments.
Once again, the supermarket chain Morrisons has come under fire and has had another equal pay case brought against them. The most recent case has been brought forward by both former and current employees over claims there is a difference between the work carried out and the amount of pay being given. Depending on what the court rules, Morrisons could potentially face a fine of up to £1bn.
Supermarket giants facing equal pay challenges
Morrisons are not alone, they just happen to be the latest of the supermarket chains that have fallen foul of the courts along with Asda, Tesco and Sainsbury. Asda did try to appeal against the cases brought against them however the Court of Appeal dismissed this and ruled in favour of the thousands of employees, who argue their work is of equal value and should therefore be treated and paid the same as others in similar roles within the company.
High profile cases are putting equal pay cases under greater scrutiny. The Equality Act 2010 was introduced to protect individuals and within it covers pay issues such as basic pay, overtime, and performance related benefits.
What should you if you think you have a case to make equal pay claim?
If you do not think you are receiving equal pay, but you believe your role to be of equal value to your colleagues, then you need to write to your employer to ascertain if there is a pay difference and the reasons why.
Having tried to resolve the problem or through the company’s formal grievance procedure to no avail, you may be able to take your case to a tribunal under the Equality Act 2010. If the employer loses the case against them, they could be forced to conduct an equal pay audit of the entire company which would require them to publish their results publicly.
Having read this article, if you think you are experiencing issues relating to pay, we can help. Please remember there are strict time limits in Employment claims, and you should take good free legal advice as soon as possible.
In addition to No Win No Fee, Lawson-West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
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This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.View all