Topics

Equal pay

Fiona Cuming

Editor's message: Equal pay is not about the fairness of pay, but about men and women receiving equal pay when they are doing equal work. Equal pay is different from the gender pay gap, which measures the differences between the average pay of male and female employees, irrespective of job role or seniority.

The Equality Act 2010 aims to achieve the objective of equal pay by implying an equality clause into all contracts of employment. This gives each employee a contractual right to receive equal pay with a comparator of the opposite sex who is doing equal work.

“Pay” is not limited to salary and covers other contractual terms and conditions. This means that, even if you pay your male and female employees the same for the same work, their pay will not be equal if other benefits that you provide under their contract of employment are different for men and women.

Employers can minimise the risk of an equal pay claim if they have transparent and structured pay and benefit policies that are reviewed regularly to check for any pay disparities between men and women.

Fiona Cuming, employment law editor

New and updated

  • Type:
    Legal timetable

    Ethnicity and disability pay gap reporting

    The proposed Equality (Race and Disability) Bill will include provisions to introduce mandatory ethnicity and disability pay reporting for employers with 250 or more employees.

  • Type:
    Editor's choice

    Global research study: Pay equity and transparency

    This global research study of 1,000+ senior business and HR leaders and employees identifies five key findings about the state of today's pay equity and transparency and describes how pay equity and transparency is a critical business lever, not an HR to-do. It offers five calls to action for business and HR leaders to execute to advance progress for better business and talent impact.

  • Date:
    14 April 2022
    Type:
    Employment law cases

    Sex discrimination: Dismissal of part-time working mother was discriminatory and unfair

    In Long v British Gas Trading Ltd, an employment tribunal held that the selection for redundancy of a part-time employee who was the mother of young children was sex discrimination, less favourable treatment because of part-time working and an unfair dismissal.

  • Date:
    8 December 2021
    Type:
    Commentary and insights

    The 10 most important employment law cases in 2021

    Despite the coronavirus pandemic, HR professionals have had their fair share of employment law rulings to keep track of in 2021. We count down the 10 most important judgments of the year that every employer should know about.

  • Date:
    1 December 2021
    Type:
    Podcasts and webinars

    Webinar: How to be an equal pay expert in your organisation

    Our panel of equal pay experts give you the knowledge and practical strategies needed to make pay equity a reality within your organisation.

  • Type:
    Employment law guide

    Equal pay

    Updated to include a reference to Barnard v Hampshire and Isle of Wight Fire and Rescue Authority, in which the EAT considered whether the employer was able to rely on the material factor defence.

  • Date:
    30 March 2021
    Type:
    Employment law cases

    Equal pay: Asda shop workers can compare themselves to depot workers, Supreme Court holds

    In Asda Stores Ltd v Brierley and others, the Supreme Court has confirmed that workers in Asda supermarkets are entitled to compare their pay with the pay of depot workers.

  • Date:
    14 January 2020
    Type:
    Employment law cases

    Equal pay: Tribunal rules on BBC presenter's claim

    In Ahmed v BBC, an employment tribunal upheld the presenter's equal pay claim because her work on Newswatch was like her comparator's work on Points of View, and the BBC had not shown that the difference in pay was due to a non-discriminatory material factor.

  • Date:
    7 January 2020
    Type:
    Podcasts and webinars

    Podcast: Equal pay

    Catriona Aldridge, senior associate at law firm CMS, joins us to discuss the legal and practical issues that employers need to think about in relation to equal pay.

  • Date:
    7 February 2019
    Type:
    Employment law cases

    Equal pay: Asda shop workers can compare themselves with warehouse staff

    In Asda Stores Ltd v Brierley and others, the Court of Appeal held that workers in Asda supermarkets are entitled to compare their pay with the pay of depot workers because common terms of employment apply.

About this topic

HR and legal information and guidance relating to equal pay.