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.


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