Equal Pay Barristers

Equal pay is governed by sections 64 to 80 of the Equality Act 2010. Every contract of employment is treated as including a sex equality clause, so where a woman is paid less than a man for equal work (or a man less than a woman), the less favourable term is modified to match. The claim is about contractual terms in the broad sense: basic pay, bonuses, overtime rates, pension contributions, car allowances, holiday and sick pay can all be compared term by term.

There are three routes to showing "equal work". Like work means the jobs are the same or broadly similar, with any differences not of practical importance. Work rated as equivalent depends on a job evaluation study that has scored the two roles equally. Work of equal value covers jobs that are different in content but equal in demands such as effort, skill and decision-making, for example comparing a predominantly female role with a predominantly male one in another part of the organisation. Equal value claims follow a special procedure and the tribunal may appoint an independent expert to assess the jobs.

You need a real comparator of the opposite sex, employed by the same or an associated employer at the same establishment, or at a different establishment where common terms apply. Once equal work is shown, the employer can escape liability only by proving a "material factor" that genuinely explains the difference and is not itself based on sex, such as a properly applied geographical allowance. If the factor indirectly disadvantages women, it must also be objectively justified. Pay secrecy clauses cannot stop you discussing pay to find out whether there is a difference connected with a protected characteristic.

An equal pay claim in the Employment Tribunal can be brought during employment or within six months of it ending, with ACAS early conciliation first. In England and Wales arrears can generally be awarded for up to six years before the claim, which is why equal pay claims can be substantial. A Direct Access Barrister can test the comparison, draft the claim and represent you; you file the documents and manage the correspondence. Some equal pay cases are brought as large multi-claimant actions, which may be better suited to a firm of Solicitors, and your Barrister will tell you honestly if that applies.

1. 1

   Gathering Pay Information

   You collect what you know about your own package and your comparator's, including information from colleagues, gender pay gap reporting or pay bands. Your Barrister advises on how to use it and on any confidentiality concerns.

2. 2

   Choosing the Route

   Your Barrister decides whether to argue like work, work rated as equivalent or equal value, and whether to name more than one comparator to cover different terms of your contract.

3. 3

   ACAS and the ET1

   You go through early conciliation. If the dispute is not resolved, your Barrister drafts the claim and you submit the ET1 within the time limit.

4. 4

   Disclosure of Pay Data

   The tribunal can order the employer to disclose your comparator's pay and job documents. Your Barrister frames these requests so the comparison can actually be tested.

5. 5

   Equal Value Stages

   In an equal value case the tribunal holds a stage one hearing to decide whether to commission an independent expert's report. Your Barrister makes representations on the jobs and on the expert's questions.

6. 6

   Final Hearing

   The tribunal decides whether the work is equal and whether the material factor defence succeeds. Your Barrister presents your evidence and challenges the employer's explanation for the pay gap.