Under the Equal Pay Act 1970 men and women doing work that is equal and work that is rated as of equal value are entitled to equal pay.

There are three main types of claim that an employee can bring under the Equal Pay Act:

• Like work;
• Work rated as equivalent under a Job Evaluation Scheme; or
• Work of equal value.

If an employee believes that they have a claim under the Equal Pay Act, they have a right to bring a claim in the Employment Tribunal. Any such claim must be brought within 6 months of the date of termination or of the act complained of.

If an employee's claim is successful, they will be entitled to:

1. An ‘equality clause’ inserted into their contract of employment to ensure they get the same pay as their comparator;
2. Back pay from the date of lodging their claim to the date of the insertion of the equality clause (up to a maximum of 6 years); and
3. Interest on back pay.

Under the Equal Pay Act, an employee can also serve an Equal Pay Questionnaire on their employer, where they can ask questions about the identity and pay of other employees who they believe could be a comparator. They can also request an explanation of any differences in pay.

If you are served with a Equal Pay Questionnaire, you have 8 weeks within which to submit your response to the employee, and if you fail to respond in this time, the Tribunal can draw inferences of discrimination as a result of your failure to respond.

If you have any queries regarding equal pay, contact us for further information.