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Individuals may have an equal pay claim where a colleague of the opposite sex is paid more than them, but undertakes work that is like work (i.e. the same or broadly similar), work rated as equivalent under an analytical job evaluation survey, or work of equal value. If an employer is unable to establish a genuine material factor defence not related to gender to explain the full extent of the disparity in pay, then the individual may be able to claim for the difference in pay over the previous six years (or for as long as the discriminatory pay has been in place, if shorter).
Pay discrimination usually occurs in terms of salary, bonus payments, commission arrangements or other benefits. Where the entitlement is contractual, then an equal pay claim is the appropriate claim to bring. Where the disparity in pay relates to non-contractual, discretionary benefits (for example a discretionary bonus scheme) then the correct claim would be a sex discrimination claim, where different rules apply. Assessing the correct way to assert claims in relation to pay is not always clear cut, but we are experts in this field and will advise you on the best and correct way to assert your claims.
We advise individuals who are concerned that they may be suffering from pay discrimination, as to whether gender does appear to be the underlying reason for any disparity in pay, and if so, assist in raising the issue with their employer with a view to agreeing an increase in pay and settlement of back dated pay, or if agreement cannot be reached, in bringing the appropriate claim in the Employment Tribunal. Claims for Equal Pay are often run concurrently with other discrimination claims and we are adept at doing this.
Examples of our work:
- Acting for a senior sales executive of data technology company in claims for sex discrimination, equal pay and disability discrimination. Our client was on substantially less favourable commission arrangements than comparable male peers and issued proceedings worth a substantial six figure sum claiming for the disparity in pay over the six years prior to her resignation.
- Acting for an FCA registered managing director of an insurance brokerage company asserting an claim for equal pay. Our client came to us for advice on a potential whistleblowing claim but on analysis we identified a significant equal pay claim and successfully negotiated a substantial six figure severance at more than 5 times the sum originally offered.
- Acting for an associate director of a large International Investment Bank in an equal pay claim (amongst other claims) concerning a substantial disparity in pay between our client and her predecessor in the same role. Substantial six figure settlement
- Acting for the compliance director of a property management company. Our client asserted consistent and historic underpayment of salary and bonus in comparison to male colleagues at comparable seniority. She asserted equal pay and sex discrimination claims in severance negotiations and settlement for all backdated underpayments was achieved.
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