Equal pay: UK employment law

Essential points

• Equal pay for equal work refers to the right for men and women in the same employment and performing equal work, to have equal terms and conditions of employment, and in particular to receive equal pay. This right is enforced under the Equality Act 2010.
• The right to equal pay applies to employees, workers, apprentices and some self-employed people may be covered (if they have a contract personally to do work).
• Equal work is ‘like work’ involving similar tasks, knowledge and skills, ‘work rated as equivalent’ or ‘work of equal value’ (not similar but equivalent in effort, skill and decision-making). Not ensuring equal pay in an organisation risks reputational damage and costly legal claims, as evidenced by several high profile group claims in recent years against local authorities, NHS trusts, supermarkets and other large retailers.
• For an equal pay claim to proceed the claimant will need to identify a ‘comparator’. The claimant will need to show that they are employed on like work, work rated as equivalent, or work of equal value to their comparator; and that their pay or conditions are worse than that of the comparator. The comparator is someone of the opposite sex to the claimant, employed by the same employer or an ‘associated’ employer at the same establishment, or at different establishments where common terms and conditions of employment are observed.
• Equal pay is not the same as gender pay gap reporting, the latter of which is covered in this employment law page.

As part of the UK Government’s plan to Make Work Pay the Equality (Race and Disability) Bill is progressing. The bill looks at extending the right to make equal pay claims to black, Asian and minority ethnic and disabled workers. Keep up to date with the latest on these changes in the tracker. This page outlines the current legislation around equal pay that should still be followed until any changes come into force. We will update this page once any changes are enforced.