If you are successful, the court could order back-pay for the period that you were underpaid, going back up to 6 years (if you have been underpaid for more than 6 years). Even if you are not yet sure you are being lower than your colleagues of the opposite sex, you are well within your right to request that your pay is compared to ensure there is no inequality at your place of work. You both have to work for the same employer but this can be in different branches or locations, 2. "Equal pay cases are notorious for taking a long time... making the cases expensive", according to the TUC. An employment tribunal is your last step in the process, if no agreement can be reached. If you have recently purchased a car with outstanding finance, you need to take action. 'What caring for Mum taught me about caring for my son', What my ME could teach long Covid sufferers. Women are sometimes paid … This relates to basic salaries, bonuses, overtime rates, severance and redundancy pay, pension schemes and benefits including travel allowances and company cars. VideoThe exile sacrificing everything for her country, 'I used to not worry about being attacked' Video'I used to not worry about being attacked', Why bots will beat you to the hot-ticket gifts. If you believe that you are not receiving pay equal to a colleague of the opposite sex you can take action. Tiers and Christmas: A recipe for disaster? There may be a perfectly reasonable explanation as to why your pay is lower than a coworker’s. It is not sufficient for a hypothetical comparator to be used. The watchdog said its report had found “no unlawful acts of pay discrimination by the BBC”. There are steps you should take before doing so, which you can find below. "The procedures that have to be followed in equal pay cases are so complicated that people settle," said Caroline Underhill from Thompsons Solicitors. Registered no: OC322962. An equal pay claim is essentially a claim made by an employee who isn’t being paid equally to coworkers of the opposite sex who are in similar roles. Both men and women can make an equal pay claim. Video, What my ME could teach long Covid sufferers, The exile sacrificing everything for her country. The court might also order that, going forward, your pay should be equal to your comparator’s, if you continue working for your employer. Since 2011, so few cases were successful at a hearing they were recorded as 0%. a higher salary was offered when your colleague was recruited because it was difficult to find someone with the right skills at the time, or your colleague has more qualifications than you do). 6.If you have exhausted all of your efforts then you will have to file your equal pay claim at the Employment Tribunal. This should go without saying, but your gender is no good reason to receive less pay. To learn more about how we keep your information safe please read our privacy policy . If you are facing pay discrimination then get in touch. There may well be the option of securing a negotiated exit with your employer, and this will depend on the circumstances you find yourself in. If, for example, you have been paid less than your male colleague and there isn’t a valid reason, or if you strongly suspect you have been paid less you may be entitled to make an equal pay claim. Prescription and Medication Negligence Claims, Get in touch however suits you best and arrange a consulation with one of our solicitors, You’ll meet the expert solicitor assigned to your case and discuss all the necessary details, Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead, It’s time for us to get to work! If you claim equal pay compensation, the coworker you compare yourself to, to highlight that you are being paid unfairly must be in a role comparable to yours. Reality Check: What impact have employment tribunal fees had? This is the hardest heading to bring a claim for equal pay under. You can learn more detailed information in our Privacy Policy. Do you believe you are receiving less pay than your coworkers without good reason? Devonshire Street, Manchester M12 6JH When you think that you are not receiving equal pay you pass on a request in writing to your employer asking for the information you need. This year, perhaps more than ever, boosting immune health has never been so important. This applies where a study or job evaluation scheme rates certain jobs as being equivalent according to different headings. "For all other claims the legal procedures are far less convoluted and the law is easier to understand.". If you have received less pay than your colleague because of your sex, even though you are doing ‘like’ work, we can help you start your equal pay claim. Express your concern informally before you take any more action. This means without having to go to a tribunal. European Union law also allows a woman to compare herself to a man who is not in the same employment but where the difference in pay is from a single source with the power to fix the difference. We and our partners will store and/or access information on your device through the use of cookies and similar technologies, to display personalised ads and content, for ad and content measurement, audience insights and product development. It is important that whatever line of work you are in, you receive fair pay. Am I protected by the equal pay legislation? Companies House Registration Number: 09902749. Our employment law solicitors can help you, so get in touch using our contact form or call 0800 999 2220. Our equal pay solicitors can help you get equal pay compensation. This is often, but not exclusively, a gender issue. Not the work you were set out to do initially. By contrast, equal pay looks at the difference in men and women’s pay for the same or similar work. Work rated as equivalent – this is where the two roles have been rated as equal under a fair job evaluation scheme in terms of how demanding they are. If it can be shown that a woman is being paid less than a male colleague, there is a legal presumption that any discrepancy is because of their sex. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Write to your employer asking for information. ': US tourist returns block of stolen Roman marble6, Michael Flynn: Trump pardons ex-national security adviser7, Covid-19: US Supreme Court backs religious groups over New York caps8, Covid-19: England's regional tiers announced9, Cho Ju-bin: 40 years jail for South Korean chatroom sex abuse group leader10. Universal Square, Building 5 5th Floor, – Here is an explanation of the law surrounding equal pay: The Equality Act 2010 says men and women performing equal work for the same employer must receive equal pay unless any discrepancy can be justified, according to the EHRC. Covid 'could set women's equality back 25 years', Thailand frees Iranians 'in swap with academic'. Redundancy procedures - what you need to know. The Equality Act 2010 states that your employer cannot stop you discussing your pay with colleagues for the purpose of identifying whether or not unlawful pay discrimination is taking place. Your employer should not request you to drop your enquiries for any reason, for example ‘to preserve working relationships’ or because ‘the timing is not right’. It is recommended, and expected under the ACAS code of practice, that employees try to resolve matters informally with their employers, and lodge a formal grievance against employers before taking any steps to bring a claim or resign. VideoWhat my ME could teach long Covid sufferers, How an imaginary gran got millions of Spotify streams, The exile sacrificing everything for her country. If you are facing discrimination in the workplace you deserve compensation. A material difference can involve personal characteristics or other extraneous factors. Any differences must be relatively unimportant and the actual tasks that are carried out must be compared, not what is actually contained in a job description. There was a big fall in the number of all types of cases going to tribunals when fees were introduced in July 2013. Landau Law is a trading name of Landau Law Limited (Company No: 08876494) and regulated by the Solicitors Regulation Authority (Registered No: 611950)Designed by WHOLEGRAIN DigitalPlease be aware that this site uses cookies for Google Analytics and social media.© Landau Law Limited. If you wish to bring a claim under the equal pay provisions you must be able to point to a colleague of the opposite sex whose terms and conditions are different to your own. This information is required to establish whether there is a pay difference, and if there is then you have every right to ask for the reasons for that difference. The comparator must be a real colleague who works for the same employer, either at the same or a similar location (where employees have the same terms and conditions as your workplace). As set out in the Equality Act 2010, men and women in the same employment performing equal work must receive equal pay, unless any difference in pay can be justified. The chart above shows the number of cases about equal pay in employment tribunals that have reached conclusions.
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