Equal pay

The law on sex discrimination in pay and other contract terms is now found in Part 5 (Work) Chapter 3 (Equality of Terms) of the Equality Act 2010 (EA 10). In practice, there are few differences between the equal pay regime in the EA 10 and in its predecessor Act, the Equal Pay Act 1970 (EPA 1970).

Broadly, the law says a woman is entitled to be paid the same as a man (and vice versa) in the same employment doing equal work, unless the employer can point to a genuine material explanation for the difference which is not itself based on discrimination on the basis of sex.

Equal pay law is about equality not fairness. Equal pay law will not stop two groups of workers being paid differently, unless the reason for the difference is gender. A claimant must therefore establish that the difference is pay is based on a reason related to gender.

Merely pointing to the fact that someone of a different gender earns more than you is not enough to establish an equal pay claim.

Equal pay law is heavily influenced by European law (Article 157 and Directive 2006i54/EC, known as the Recast Directive) and some workers are able to bring claims relying directly on the Directive.

More information about the role of European law can be found in the statutory Code of Practice on Equal Pay, available from the website of the Equality and Human Rights Commission (EHRC). The EHRC has also produced Equal Pay in Practice checklists and toolkits for employers.

Although the objective of equal pay law is clear and straightforward — women should be paid the same as men for doing the same work — the law is very complex and this section of the booklet provides only a brief explanation of the core principles. Any member or rep dealing with an equal pay issue should seek advice as soon as possible from their trade union.

The right to equal pay is available to both sexes, but in this chapter the text will for simplicity refer to claims by women.