Equal Pay Claims How to Prove Pay Discrimination

You have the right to equal pay for equal work. If you earn less than a colleague of the opposite sex doing equivalent work, you can claim back pay for up to six years.

Who can I compare my pay to?

Your comparator must be employed by the same employer on the same date (or within a reasonable timeframe), and must be of the opposite sex. They don't have to do exactly the same job, but must be employed "on the same terms and conditions" or their work must be rated equivalent or of equal value. You cannot compare yourself to someone in a different company, or to a hypothetical person.

What counts as "like work"?

Like work means work of the same or broadly similar nature, with no significant differences in responsibility. For example, two nurses on the same ward, two account managers covering different clients, or two factory workers on the same production line. Minor differences (like seniority or shift patterns) don't prevent work being "like." If the work is genuinely different, you may need to argue work of equal value instead.

What's "work rated as equivalent"?

This applies when jobs have been formally evaluated (through a job evaluation scheme) as equivalent in terms of demands and skill. Even if the jobs are different, if a proper evaluation scheme rates them the same, they're equivalent. If your employer says the scheme rated them different, they can defend the claim, but the scheme must be used fairly and transparently.

What is "work of equal value"?

This is the broadest comparison. Your work is of equal value if it requires equal effort, skill, and decision-making, even if the work is completely different. For example, a care worker might claim equal value with a refuse collector (both require physical effort and responsibility). An independent expert assesses this — it's not about market value, just the inherent worth of the role.

What's the material factor defence?

If you prove like work or equal value, your employer can defend the pay difference by showing a genuine, material factor not related to sex. Examples: genuine seniority, qualifications, merit, red-circling (maintaining a pay level after a role changes), location (if there's a legitimate cost difference). Unconscious bias or market forces alone won't justify a gap.

Can I claim back pay for six years?

Yes. Under the Equality Act 1970, you can claim back pay for up to six years before your claim is presented to ACAS, if you're still employed. If you've left, you can claim up to six years from when you left. The tribunal will calculate the difference in hourly/salary rate and multiply by the hours/weeks worked in that period, including bonuses and benefits.

Is the gender pay gap the same as equal pay?

No. The gender pay gap is statistical (companies with 250+ employees must report average pay differences). Equal pay is the legal right to equal pay for equal work, regardless of the overall gap. You can win an equal pay claim even if your employer claims they have no gender pay gap, or vice versa.

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Equal Pay Act & Equality Act

How to Prove Pay Discrimination

Maximum back pay claim period

Finding a comparator: who can you compare yourself to?

Equal pay law (section 65, Equality Act 2010) doesn\'t compare your pay to an abstract standard — it compares your pay to someone else\'s. You need a real comparator: a person of the opposite sex employed by the same employer, doing equal work.

Your comparator must:

Your comparator cannot be someone in a different company, even if they do identical work. It must be someone actually employed alongside you (or recently). However, if your comparator has left and you know their pay, you can still use them — the comparison is retrospective.

You cannot compare yourself to a hypothetical person. You need a real person whose pay and job you can evidence. If multiple people in better-paid roles are the opposite sex, that strengthens your case, but one comparator is enough.

Three ways to prove equal work

Once you have a comparator, you need to show the work is equal under one of three legal tests. The tribunal will consider whichever is most favourable to you.

The work is the same or very broadly similar. Minor differences don\'t matter — what matters is whether the roles are substantially the same.

Example: Two account managers covering different client bases, but with the same responsibilities, targets, and seniority. The fact they manage different clients doesn\'t prevent the work being "like."

Work rated as equivalent

A job evaluation scheme has formally assessed your role and your comparator\'s as equivalent in terms of demands, effort, and decision-making.

Example: Your employer\'s job evaluation scheme rates a nurse and a physiotherapist both at Grade 5. Even if the jobs are different, they\'re equivalent under the scheme. Your employer can still defend the pay gap if they can show the scheme wasn\'t applied fairly.

The jobs are different, but they require equal effort, skill, and decision-making. An expert evaluates the roles to determine if they\'re of equal value.

Example: A care worker (often female-dominated) claims equal value with a refuse collector (often male-dominated). Both require physical effort, responsibility, and difficult working conditions. An expert assessment might conclude they\'re of equal value, despite being entirely different jobs.

Equal value is the most complex to prove — the tribunal will appoint an independent expert to assess the jobs, considering skill, effort, responsibility, and working conditions. But it\'s also the broadest: it allows you to compare very different roles.

The material factor defence: what justifies the pay gap?

If you prove like work, equivalent work, or equal value, your employer can still defend the pay gap by showing a genuine material factor unrelated to sex.

Legitimate material factors include:

Genuine seniority or length of service

Your comparator has been in the role longer, or has more experience. This is a legitimate reason for a pay difference, provided the pay scales are applied consistently.

Qualifications or merit

Your comparator has relevant qualifications, or has been awarded higher pay through a fair merit scheme that applies to all employees.

Your comparator was moved to a lower-graded role but kept their higher pay for a limited time. This is legitimate if properly documented and time-limited.

Location or market conditions

The roles are in different locations with different costs of living or labour markets. Must be documented and applied objectively.

NOT legitimate material factors:

If your employer claims a material factor defence, you can challenge it by proving it was applied inconsistently, or that it disguises sex discrimination. For example, if seniority is the factor, but you\'ve been denied progression due to discrimination, the factor doesn\'t apply.

Back pay: how much can you claim?

If you win an equal pay claim, you can claim the difference between what you earned and what your comparator earned, for up to six years.

The six-year period runs backwards from when your claim is presented to ACAS. If you\'re still employed, you can claim from six years before the ACAS date. If you\'ve left, you can claim from six years before you left. Everything before that is time-barred.

The tribunal calculates:

Hourly rate difference

× Hours worked in the period

÷ 52 weeks × Weeks worked

Difference in bonuses, benefits, pension contributions

(if your comparator received better)

Back pay is calculated gross (before tax), and you are liable for income tax and National Insurance on the award. The employer cannot deduct this — you pay tax on the back pay separately. The tribunal will state the gross award, and you settle tax with HMRC.

In addition to back pay, you can claim interest (at 8% per year) on the difference, compounded. You can also claim injury to feelings (Vento lower band, £1,300–£12,600 for claims presented on or after 6 April 2026) if the employer\'s conduct was particularly insulting or dismissive.

Keep meticulous records of your hours and pay history. Request your payslips and your comparator\'s salary information from your employer during disclosure. If they refuse, the tribunal may infer they\'re concealing evidence.

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Employment Rights Act 1996

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