Equal pay
People doing the same or similiar job, work of equal value or work rated as equivalent under a job evaluation scheme should receive equal pay regardless of their sex. However, in many cases they don’t, even though the law says they should.
UNISON actively campaigns for fair and equal pay. We are the UK’s biggest trade union and have represented members in many landmark equal pay cases in the highest courts in the UK.
On this page
What is equal pay?
Equal pay is your entitlement to the same wage as someone doing work of equal value to you, the same or broadly similar work as you, or work rated as ‘of equivalent value’ by a job evaluation study.
This is often, but not exclusively, an issue related to sex. Women are sometimes paid less than men for doing equal value work.
Are you being paid equally?
There are ways you can find out if you are being paid equally, including:
- asking your colleagues;
- conducting an equal pay questionnaire;
- checking job ads;
- researching job evaluation studies.
A pay secrecy clause is a clause in your employment contract that would normally prevent you from asking co-workers how much they earn.
In Great Britain, (excluding Northern Ireland), any pay secrecy clause in an employment contract is overridden if you suspect pay inequality based on sex or other protected characteristics, such as age or race. You have the right to ask a colleague (or former colleague) for information to determine whether pay disparities are linked to a protected characteristic.
What if you are not being paid equally?
If you suspect that you are being paid unfairly, contact your UNISON rep immediately for advice, as you may be able to bring an equal pay claim. However, it must be made within the relevant time limit, as many claims are dismissed due to time-limit issues.
The time limit for equal pay claims is six months less one day from leaving employment – this could be through retirement, redundancy, a TUPE transfer or any form of dismissal. A significant change in your job role will also trigger a time limit and you must make claims within six months less one day of the change.
In Northern Ireland, equal pay claims must normally be lodged within three months exactly of the end of the employment, or the date of the unequal pay.
Claiming for equal pay rights generally allows you to claim up to a maximum of six years of lost earnings (five years in Scotland). In Northern Ireland, you can normally claim up to three years of lost earnings. Equal pay rights in Northern Ireland arise under the Equal Pay Act (Northern Ireland) 1970.
UNISON is best placed to represent you and does not profit from your case. If we win, you’ll get all the compensation you are owed. If your UNISON rep cannot negotiate an equal pay deal with your employer, they may take your case to an employment tribunal.
You can also listen to UNISON’s Local Government podcast featuring UNISON’s job evaluation specialist Kathie Dickson, to understand more about UNISON’s history of winning equal pay cases.
External advice and support
Frequently asked questions
However, if an employer pays an employee less due to their having or not having a particular characteristic, then this is unlawful under anti-discrimination legislation, unless it constitutes justifiable age discrimination.
Positive action allows employers to use certain measures to alleviate disadvantage experienced by people who share a protected characteristic, such as offering training and mentoring, to reduce under-representation in particular activities and meet their particular needs.
For example, if a hospital has no female managers, the employer may wish to offer training and additional support to encourage women to pursue those jobs.
However, an employer is not allowed to hire an individual purely because they have a certain protected characteristic. This is called unlawful positive discrimination.
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.