Equal pay

Equal pay laws are contained in the Equality Act 2010. Women have the right to be paid the same as a male comparator where they do like work, work rated as equivalent, or work of equal value.

For an employer to defend an equal pay claim, it must demonstrate that any differential in pay is due to a “material factor”, and that the factor is not due to a difference in sex. Examples of material factor defences include length of service, skills and qualifications, performance and levels of responsibility.

Pay secrecy clauses in an employee’s contract of employment are unenforceable where the employee is involved in a relevant pay discussion.


Supreme Court: Asda shop floor staff can be compared to warehouse workers

The roles of shop floor workers and warehouse staff at Asda can be compared for the purposes of assessing equal pay.

Banker seeking ‘stigma losses’ after tribunal impact

15 Mar 2021

A woman who won a sex discrimination case against BNP Paribas is claiming the case has taken away her career.

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Pressure mounts on ministers to reinstate gender pay gap reporting

10 Feb 2021

Calls are growing for the government to confirm whether employers will need to report their 2020/21 gender pay gap figures.

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23 Jan 2021

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Equal pay: Tesco ordered to disclose warehouse staff pay information

15 Jan 2021

Tesco has been ordered by the Employment Appeal Tribunal to disclose information it holds about how much its warehouse staff...

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Five employment law cases that will shape 2021

13 Jan 2021

Stephen Simpson looks at five important employment law cases that will grab the headlines in 2021, covering significant issues such...

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Liz Truss criticises Equality Act’s focus on protected characteristics

17 Dec 2020

Addressing inequality geographically and on an individual basis far more valid than using race, religion or other protected characteristics, says Truss.

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Gender pay gaps rise at seven Whitehall departments – including equality

17 Dec 2020

Government departments released figures this week showing that gender pay gap has grown in seven of the 17 main Whitehall departments.

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Pinterest pays $22.5m to settle former COO’s gender discrimination claim

15 Dec 2020

Pinterest has agreed to pay $22.5m (£16.9m) to settle a gender discrimination and retaliation case brought by its former chief...

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Agency workers paid less than employees win back pay

8 Dec 2020

Forty agency workers who collect waste for Sandwell Metropolitan Borough Council in the West Midlands will receive thousands of pounds...

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Equal Pay Day: pandemic put gender equality at a crossroads

20 Nov 2020

The UK has arrived at a crossroads at which progress in gender equality could either be set back decades, or...

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BBC equal pay findings come under fire

12 Nov 2020

EHRC says it was looking at overarching systems, not individual cases, as journalists rounded on its judgment the BBC had been lawful on pay.

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BBC cleared of breaking the law over women’s pay

12 Nov 2020

An investigation into equal pay at the BBC has found no evidence of unlawful acts of pay discrimination against women.

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tesco equal pay

Tesco report was not a valid job evaluation study, tribunal finds

15 Oct 2020

The campaign to gain equal pay for up to half a million supermarket workers received a setback yesterday at an employment tribunal.

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tesco redundancy payments mistake

Tesco job report could speed up equal pay case

5 Oct 2020

A job evaluation study by Tesco allegedly showed jobs in stores and distribution centres were equal.

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