By law, men and women must get equal pay for doing 'equal work'. This is work that equal pay law classes as the same, similar, equivalent or of equal value.
You should talk to your employer to try and resolve the issue if you feel you are not getting equal pay compared to someone who is both:
- the other sex to you
- doing equal work for the same employer or an 'associated' employer
Employers are 'associated' if any of the following apply:
- one of them has control over the other
- both are controlled by another organisation – for example a parent company
- a single organisation is able to set the terms and conditions for both
Equal pay law applies to both:
- pay
- contractual terms and conditions
Find out more about equal pay law
Checking for evidence
To help see if there's an equal pay issue, you should check:
- your pay and how it's made up so you can compare it with others – for example, what basic pay, overtime or commission rates you get
- pay and benefits for people of the other sex to you doing work you think is 'equal work'
You can ask your employer or manager for information about pay and contractual terms and conditions, if you think you're not getting equal pay.
Raising an issue
It's best to raise an issue informally first by talking to your employer.
Using a question and answer process
If you believe you are not getting equal pay, it can be a good idea to use a question and answer process. This includes:
- sending your employer a statement explaining what happened
- asking your employer for more information about your pay or terms and conditions
This could help to resolve the issue without you having to make a claim to an employment tribunal.
Find out more about asking questions about equal pay and terms and conditions
If you want it dealt with formally
You can raise a grievance if:
- raising the problem informally does not work
- you think it's too serious to raise informally
A grievance is where you make a formal complaint to your employer.
If you have any evidence at this stage, it's a good idea to share it with your employer when you raise the issue.
Making an equal pay claim
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.
To make an equal pay claim, you'll need to show your pay and conditions are worse than someone else's. This person is called a 'comparator'. The comparator must be someone who is both:
- the other sex to you
- doing equal work for the same or an 'associated' employer
More than one comparator can be used. A comparator can be someone who currently works for your employer, or someone who used to.
This is a complex area so it's a good idea to get legal advice.
You might also be able to make a claim for sex discrimination, if you believe you've been treated unfairly because of your sex.
Find more advice on equal pay from the Equality and Human Rights Commission (EHRC)