This does not apply to employers with less than 10 staff, or employers less than 1 year old when the equal pay complaint was made. But getting paid more must be nothing to do with their sex. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. To make an equal pay claim, you’ll need to show your pay and conditions are worse than someone else’s (a 'comparator'). From 1 st December 2020, ACAS Early Conciliation period is being extended as part of the process to simplify the Employment Tribunal claims process. You can bring a claim in the Employment Tribunal at any time whilst you are still employed under the contract which is the subject of your complaint or within six months of the end of your employment. Equal pay has overtaken unfair dismissal for the first time as the most popular grounds for tribunal claims passed to Acas for conciliation. What is equal pay and how can you find out if you are getting it? Did you get the information you need from this page? For example, it might be possible for someone to be paid more than someone of the opposite sex who does similar work because: Getting paid more must have nothing to do with someone’s sex. The time limit for bringing an equal pay claim is different to most employment claims. For more on this, take a look at the Equal Pay Statutory Code of Practice. More coming Find advice on our previous website for tips and gratuities at work . Equal pay law is covered by the Equality Act 2010 and the Equality and Human Rights Commission (EHRC) statutory code of practice on equal pay. Further help and support. Find out more about protected characteristics, discrimination and the law. The equal pay act sets provisions for organisations to follow the same pay system.Under the Act, you must give men and women doing identical work, the same treatment. This is a complex area so it’s a good idea to get legal advice. ACAS ( www.acas.org.uk) The Advisory, Conciliation and Arbitration Service (ACAS) is a public body that provides free and impartial information and advice to employers and employees on employment law and all aspects of workplace relations. The issue of equal pay can often be a tough subject to tackle. Find more advice on equal pay from the Equality and Human Rights Commission (EHRC). If you’re not able to resolve the problem with your employer, you might be able to make a claim to an employment tribunal for equal pay. If the claim is for statutory redundancy pay or equal pay the timeframe is 6 months less 1 day. Employers with 250 or more employees must publish figures about their gender pay gap. For example, your objectives and actions might demonstrate your commitment to: 1. employees to provide equal pay for equal work ( including basic pay, non-discretionary bonuses, and other contractual benefits) 2. discuss and agree the equal pay policy with trade unions 3. undertake regular equal pay reviews or audits for all employees in line with the Code of Practiceand repeat them at regular intervals and use the details to ad… If you lose an equal pay claim, you can be forced to carry out an equal pay audit and publish the results. Did you get the information you need from this page? Describe precisely how you intend to provide and maintain equal pay in your organisation. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. Equal pay applies to: employees; workers; apprentices; agency workers; full time, part time or temporary contracts; self-employed people who are hired to personally do the work Differences in pay and other terms and conditions might be allowed in some circumstances. We provide free and impartial advice for employers and employees, training and help resolve disputes. We cannot respond to questions sent through this form. Overview of equal pay under the Equality Act 2010. This is known as ‘transparency’ and where equal pay is concerned, it is a legal requirement. Preventing equal pay issues; and, 3. Find out more about gender pay gap reporting (PDF, 552KB, 37 pages). If there’s an equal pay case, the employer might have to prove, for example, that the woman’s qualifications and skills are crucial for the job, and that they had difficulties hiring and keeping people in the job now done by the woman. The Equal Pay Act 1970, as amended by the Sex Discrimination Acts 1975 and 1986, provides that a woman has the right to equal pay with a man working for the same employer if the woman is employed: on work of the same or broadly similar nature to that of her male comparator Every case depends on the individual circumstances, and this can be a complex area so it’s best to: By law, employers must not pay an employee less, or give them terms and conditions that put them at a disadvantage, because of their disability, race, religion, sexual orientation or another 'protected characteristic'. work of equal value. For example, you could ask for general information about: It’s best to talk to your employer first, if you feel you can, and then put your questions in writing. You might also be able to make a claim for sex discrimination, if you have been treated unfairly because of your sex. Acas is the workplace expert for England, Wales and Scotland.