It’s best to raise an issue informally first by talking to your employer. Comment Although ACAS’ guidance is not binding in law, it provides a good framework of the law relating to equal pay and useful recommendations on how to reduce the risk of equal pay claims. If there’s an equal pay case, the employer might have to prove, for example, that the woman’s qualifications and skills are crucial for the job, and that they had difficulties hiring and keeping people in the job now done by the woman. If you are not getting equal pay , i.e. work of equal value. You could also ask others at work about their pay and benefits, if it’s about equal pay. You can bring a claim in the Employment Tribunal at any time whilst you are still employed under the contract which is the subject of your complaint or within six months of the end of your employment. When a woman claims equal pay, she must compare her pay to a man who she believes is carrying out equal work but is being paid more for it, known as a 'comparator'. Equal pay and gender pay gap reporting are not the same thing. As employment relations experts, they can offer practical, independent and impartial help to bring pay systems … To make an equal pay claim, you’ll need to show your pay and conditions are worse than someone else’s (a 'comparator'). The female claimants who worked as carers, care workers and school meals staff were paid 38% less than male staff working as street cleaners and gardeners. The difference between the gender pay gap and equal pay . The equal pay provisions are not about what is fair but about sex equality. Acas has published new guidance to help employers and their staff understand the law around equal pay, to mark the 50 th anniversary of equal pay legislation being brough into force. The Equal Pay Act 1970, as amended by the Sex Discrimination Acts 1975 and 1986, provides that a woman has the right to equal pay with a man working for the same employer if the woman is employed: on work of the same or broadly similar nature to that of her male comparator You might also be able to make a claim for sex discrimination, if you have been treated unfairly because of your sex. This is known as ‘transparency’ and where equal pay is concerned, it is a legal requirement. A comparator can be someone who currently works for your employer, or someone who used to. Every case depends on the individual circumstances, and this can be a complex area so it’s best to: By law, employers must not pay an employee less, or give them terms and conditions that put them at a disadvantage, because of their disability, race, religion, sexual orientation or another 'protected characteristic'. For more on this, take a look at the Equal Pay Statutory Code of Practice. The ACAS website contains an advice and guidance note on equal pay. Find out more about gender pay gap reporting (PDF, 552KB, 37 pages). Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. The Equality Act 2010 gives both women and men the right to equal pay for equal work, with women and men being legally entitled to be paid at the same rate for like work, work rated as equivalent, and work of equal value. - … A gender pay gap is the average difference in pay between men and women, for example across an organisation. Please do not include any personal details, for example email address or phone number. By contrast, equal pay looks at the difference in men and women’s pay for the same or similar work. Our client, Mrs P, had worked for her employer for over 10 years. This could be  because the level of skill, training, responsibility or demands of the working conditions are of equal value, they're better qualified, if their skills are crucial to the job and hard to recruit, of where they are located – for example, in London where the cost of living is higher, they do night shifts, and the employer can prove that they can only cover night shifts by paying staff more. For the last 6 years a male colleague who worked in essentially the same role was being paid approximately over £10,000 more a year than her. 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. From 1 st December 2020, ACAS Early Conciliation period is being extended as part of the process to simplify the Employment Tribunal claims process. Since the act was passed it means men and women must get equal pay … If you have any evidence at this stage, it’s a good idea to share it with your employer when you raise the issue. If you have a question about your individual circumstances, call our helpline on 0300 123 1100. Equal pay has overtaken unfair dismissal for the first time as the most popular grounds for tribunal claims passed to Acas for conciliation. If you lose an equal pay claim, you can be forced to carry out an equal pay audit and publish the results. To make an equal pay claim, you’ll need to show your pay and conditions are worse than someone else’s (a 'comparator'). To mark 50 years since the Equal Pay Act 1970 was passed, Acas have issued updated advice on equal pay including good practice guidance for employers on how to try to prevent discriminatory practices in their workplace.. The equal pay provisions apply to both men and women, and are designed to achieve equality between men and women in pay and other terms of employment where the work of an employee and a comparator are equal. There is no upper or lower age limit on the right to claim equal pay, nor is there a qualifying period of service for bringing a complaint. Acas has published an advisory booklet Pay Systems, which provides an introduction Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. Check if you are carrying out risky practices that could lead to unequal pay; Carry out an equal pay audit (for large employers) or an equal pay review (for smaller employers); Take action to resolve any issues and protect against future claims But getting paid more must be nothing to do with their sex. Section 149 of the Equality Act 2010 provides for the general public sector equality duty. More coming Find advice on our previous website for tips and gratuities at work . A comparator can be someone who currently works for your employer, or someone who used to. Equal Pay. A full equal pay audit would include all employees in your organisation. For example, your objectives and actions might demonstrate your commitment to: 1. employees to provide equal pay for equal work ( including basic pay, non-discretionary bonuses, and other contractual benefits) 2. discuss and agree the equal pay policy with trade unions 3. undertake regular equal pay reviews or audits for all employees in line with the Code of Practiceand repeat them at regular intervals and use the details to ad… You are at risk of an expensive employment tribunal case and reputational damage if you do not provide equal pay. The issue of equal pay can often be a tough subject to tackle. If you like, you can tell us more about what was useful on this page. Equal pay applies to: employees; workers; apprentices; agency workers; full time, part time or temporary contracts; self-employed people who are hired to personally do the work What equal pay means As set out in the Equality Act 2010, men and women in the same employment performing equal work must receive equal pay, unless any difference in pay can be justified. Unfair dismissal accounted for 43,231 claims. ACAS ( www.acas.org.uk) The Advisory, Conciliation and Arbitration Service (ACAS) is a public body that provides free and impartial information and advice to employers and employees on employment law and all aspects of workplace relations. The new guidance is aimed at employers to help them understand the law around equal pay. For example, you could ask for general information about: It’s best to talk to your employer first, if you feel you can, and then put your questions in writing. It is the law and employers must follow it. Time Limit – Equal Pay 6 months from the termination date. Find out more about protected characteristics, discrimination and the law. Figures in Acas’ annual report revealed the number of equal pay claims received in 2007-08 more than doubled to reach 58,513 – up from 27,497 the previous year. If you are paid less than a person of the opposite sex doing similar or equal work for the same or an associated employer (the comparator), you should be paid the same unless there is a good reason for the pay difference. If you need help with an equal pay issue you can get: tailored support from Acas What is equal pay and how can you find out if you are getting it? We provide free and impartial advice for employers and employees, training and help resolve disputes. Equal pay is about ensuring people with different protected characteristics are paid the same for like work, work rated as equivalent (under a job evaluation system), or work of equal value. People doing the same job or work of equal value should get the same or equal This note provides an overview of the law relating to equal pay under the Equality Act 2010 and Equal Pay Act 1970, with reference where appropriate to Article 157 of the Treaty on the Functioning of the European Union (formerly Article 141 of the EC treaty). This requires public authorities to have due regard to the need to: 1. eliminate discrimination, harassment and victimisation; 2. advance equality of opportunity between people who share a protected characteristic a… Acas aims to contact you within two working days. Equal pay law is covered by the Equality Act 2010 and the Equality and Human Rights Commission (EHRC) statutory code of practice on equal pay. Click here to view the note on the ACAS website. Employers with 250 or more employees must publish figures about their gender pay gap. Preventing equal pay issues; and, 3. Acas training outlines employer responsibilities and provides best practices for job evaluation and approaches to payment structures. If this approach doesn’t work, you can raise the issue formally. She can also claim equal pay … men and women who carry out the same jobs, similar jobs. Your employer can only give you general information about other people’s pay and terms and conditions. If the claim is for statutory redundancy pay or equal pay the timeframe is 6 months less 1 day. For example, it might be possible for someone to be paid more than someone of the opposite sex who does similar work because: Getting paid more must have nothing to do with someone’s sex. This is a complex area so it’s a good idea to get legal advice. For example, a clerical job and a warehouse job might be classed as equal work. Coronavirus (COVID-19): latest advice for employers and employees. Key facts. Find more advice on equal pay from the Equality and Human Rights Commission (EHRC), does 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value), your pay and how it’s made up so you can compare it with others – for example, how much basic pay, overtime or commission you get, pay and benefits for people of the opposite sex doing work you think is 'equal work' for your employer, how much people of the opposite sex who do the same or similar work as you earn, the contractual terms and conditions for people of the opposite sex who do the same or similar work as you, the reason for any differences in pay and terms and conditions, if there are any. If you have a question about your individual circumstances, call our helpline on 0300 123 1100. Did you get the information you need from this page? Time Limit – Contract Claims ... ACAS Early Conciliation – extension of the “normal” time limits for submitting claims. By law, men and women must get equal pay for doing 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value). We cannot respond to questions sent through this form. Coronavirus (COVID-19): latest advice for employers and employees. You should talk to your employer to try and resolve the issue if you feel you’re not getting equal pay compared to someone who is all of the following: To help see if there’s an equal pay issue, you should check: You can ask your employer or manager for information about pay and contractual terms and conditions, if you think you have an equal pay case. Some jobs can be classed as equal work, even if the roles seem different. Handling this subject incorrectly could leave organisations open to challenges of inequality in pay and pay discrimination. They cannot share any personal details about other employees because of data protection law (UK GDPR). This does not apply to employers with less than 10 staff, or employers less than 1 year old when the equal pay complaint was made. This means someone must not get less pay compared to someone who is both: Equal pay law applies to pay and terms and conditions of employment, including: Equal pay law is covered by the Equality Act 2010 and the Equality and Human Rights Commission (EHRC) statutory code of practice on equal pay. The gender pay gap shows the differences in the Equal pay deals with the pay differences between . Notwithstanding the announcement by the Government Equalities Office and the Equality and Human Rights Commission (EHRC) on 24 March 2020 that due to the COVID-19 pandemic, enforcement of gender pay … Issue: Equal pay – material factor defence. Differences in pay and other terms and conditions might be allowed in some circumstances. Who has a right to equal pay. or. It is for the woman to select the man or men she wants to be compared with. Further help and support. Here you'll find information on equal pay for equal value, equal pay audits, comparable worth, equal pay law and case law. A woman making an equal pay claim to the Employment Tribunal has to notify Acas first by completing a simple Early Conciliation notification form. If you like, you can tell us more about what was useful on this page. Time Limit – Unlawful Deductions from wages 3 months from date of the last deduction. Equal pay and the law; 2. The gender pay gap differs from equal pay . Overview of equal pay under the Equality Act 2010. A legal framework requiring equal pay for equal work between men and women has been in place since 1970 yet there is still a significant gender pay gap: women who work full time in the public sector are paid on average 10 per cent less than men and that figure rises … The law on equal pay, and how men and women must get equal pay for doing equal work. Acas’s new advice covers the basics of equal pay law. Yet the Council had agreed that the work was comparable (and rated as … The equal pay act sets provisions for organisations to follow the same pay system.Under the Act, you must give men and women doing identical work, the same treatment. Equal recompense applies to all contractual terms of employment and not only an employee’s salary. 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