Equal pay 





The law on sex discrimination in pay and other contract terms is found in Part 5 (Work) Chapter 3 (Equality of Terms), Equality Act 2010 (EA 10). Equal pay law is heavily influenced by European Union (EU) law.





Broadly, the law says that 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 based on sex.





Equal pay law is about equal pay not fair pay. It will not stop two groups of workers being paid differently unless the reason for the difference is sex. 





The mere fact that someone of a different sex earns more than you is not enough to establish an equal pay claim. The pay difference must be because of sex.




Equal pay laws tackle pay inequality between women and men who share the same or an associated employer. Equal pay law is no use when it comes to improving pay in sectors where the workforce is overwhelmingly female, for example, home-based care. This is because if all the employees are female, there is no male comparator, so no claim can be brought. 


Although the aim of equal pay law is clear and straightforward — that women should be paid the same as men for doing the same work — the law is complex. This section of the booklet provides only a brief explanation of 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 section the text will, for simplicity, refer to claims by women.