Overview of equal pay under the Equality Act 2010. 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 Yet the Council had agreed that the work was comparable (and rated as … work of equal value. It is unlawful to pay people unequally because they are a man or a woman. It is the law and employers must follow it. 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… Acas aims to contact you within two working days. 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. For example, a clerical job and a warehouse job might be classed as equal work. This note provides an overview of the law relating to equal pay under the Equality Act 2010 and Equal Pay Act 1970, with reference where appropriate to Article 157 of the Treaty on the Functioning of the European Union (formerly Article 141 of the EC treaty). Find more advice on equal pay from the Equality and Human Rights Commission (EHRC), does 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value), your pay and how it’s made up so you can compare it with others – for example, how much basic pay, overtime or commission you get, pay and benefits for people of the opposite sex doing work you think is 'equal work' for your employer, how much people of the opposite sex who do the same or similar work as you earn, the contractual terms and conditions for people of the opposite sex who do the same or similar work as you, the reason for any differences in pay and terms and conditions, if there are any. ... You might find it helpful to involve an external body such as Acas. Time Limit – Equal Pay 6 months from the termination date. Find out more about protected characteristics, discrimination and the law. Further help and support. or. Since the act was passed it means men and women must get equal pay … Equality and Human Rights Commission (EHRC) statutory code of practice on equal pay, EHRC statutory code of practice on equal pay, Find out more about protected characteristics, discrimination and the law, Find out more about gender pay gap reporting, performance-related pay, for example a bonus that's in the employment contract, benefits, for example gym membership or a company car, full time, part time or temporary contracts, self-employed people who are hired to personally do the work, 'like work' – work where the job and skills are the same or similar, 'work rated as equivalent' – work rated as equivalent, usually using a fair job evaluation. By contrast, equal pay looks at the difference in men and women’s pay for the same or similar work. Find more advice on equal pay from the Equality and Human Rights Commission (EHRC). What equal pay means 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. To make an equal pay claim, you’ll need to show your pay and conditions are worse than someone else’s (a 'comparator'). Early Conciliation must be started within 3 months, less 1 day from the date of the complaint or issue. Notwithstanding the announcement by the Government Equalities Office and the Equality and Human Rights Commission (EHRC) on 24 March 2020 that due to the COVID-19 pandemic, enforcement of gender pay … We cannot respond to questions sent through this form. Acas training outlines employer responsibilities and provides best practices for job evaluation and approaches to payment structures. It is for the woman to select the man or men she wants to be compared with. They’re allowed to tell you, but it’s up to them to decide if they want to. You might also be able to make a claim for sex discrimination, if you have been treated unfairly because of your sex. A woman making an equal pay claim to the Employment Tribunal has to notify Acas first by completing a simple Early Conciliation notification form. 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. The law on equal pay, and how men and women must get equal pay for doing equal work. For the last 6 years a male colleague who worked in essentially the same role was being paid approximately over £10,000 more a year than her. Issue: Equal pay – material factor defence. If the claim is for statutory redundancy pay or equal pay the timeframe is 6 months less 1 day. 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. Some jobs can be classed as equal work, even if the roles seem different. People doing the same job or work of equal value should get the same or equal This could be  because the level of skill, training, responsibility or demands of the working conditions are of equal value, they're better qualified, if their skills are crucial to the job and hard to recruit, of where they are located – for example, in London where the cost of living is higher, they do night shifts, and the employer can prove that they can only cover night shifts by paying staff more. Equal pay deals with the pay differences between . This is known as ‘transparency’ and where equal pay is concerned, it is a legal requirement. She can also claim equal pay … Section 149 of the Equality Act 2010 provides for the general public sector equality duty. 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 new guidance is aimed at employers to help them understand the law around equal pay. 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 The issue of equal pay can often be a tough subject to tackle. Equal recompense applies to all contractual terms of employment and not only an employee’s salary. The comparator must: More than one comparator can be used. Comment Although ACAS’ guidance is not binding in law, it provides a good framework of the law relating to equal pay and useful recommendations on how to reduce the risk of equal pay claims. Acas has published an advisory booklet Pay Systems, which provides an introduction If you like, you can tell us more about what was useful on this page. There is no upper or lower age limit on the right to claim equal pay, nor is there a qualifying period of service for bringing a complaint. You are at risk of an expensive employment tribunal case and reputational damage if you do not provide equal pay. Preventing equal pay issues; and, 3. For more on this, take a look at the Equal Pay Statutory Code of Practice. If you have a question about your individual circumstances, call our helpline on 0300 123 1100. Unfair dismissal accounted for 43,231 claims. 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. What is equal pay and how can you find out if you are getting it? If you like, you can tell us more about what was useful on this page. If you are not getting equal pay , i.e. Figures in Acas’ annual report revealed the number of equal pay claims received in 2007-08 more than doubled to reach 58,513 – up from 27,497 the previous year. 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'. By law, men and women must get equal pay for doing 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value). Here you'll find information on equal pay for equal value, equal pay audits, comparable worth, equal pay law and case law. This could be because the level of skill, responsibility and effort needed to do the work are equivalent, 'work of equal value' – work that is not similar but is of equal value. Check if you are carrying out risky practices that could lead to unequal pay; Carry out an equal pay audit (for large employers) or an equal pay review (for smaller employers); Take action to resolve any issues and protect against future claims ACAS also recommends employers carry out equal pay audits to check for equal pay issues and provides further guidance on its website for employers, based on the size of their organisation. More coming Find advice on our previous website for tips and gratuities at work . Acas is the workplace expert for England, Wales and Scotland. 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. The gender pay gap differs from equal pay . The difference between the gender pay gap and equal pay . 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