Comparing Jobs
Are benefits and other aspects of remuneration used to compare jobs?
Yes. Comparisons may include the following:
- non-discretionary bonuses
- overtime rates and allowances
- performance-related bonuses
- sick pay
- access to the pension scheme
- severance and redundancy pay
- discretionary bonuses
- training
- promotion
How is the value of a job decided?
The most common way for an employer to decide on what a job is 'worth' is through a job evaluation exercise. Each job is given a score according to a series of criteria such as specialist knowledge or the amount of decisions made in the job. These scores can be used in an equal pay case to decide jobs which are the same or similar.
What is a comparator?
A comparator is the person or persons whose job(s) are compared to your own in an equal pay claim. A comparator must be either a current colleague or a predecessor in your job. You cannot use someone who is employed after you have left the company.
I am doing the same job as my retired male predecessor.
Should I be paid the same as he was?
Yes. If you are paid less, then your employer needs to explain why. If there is no reason other than gender then your employer is in breach of the Equality Act.
To avoid a claim your employer must identify what's known as a 'material difference'. Possible examples might be that the man had more experience or better qualifications than you do.
The most effective way to claim your rights is through an equal pay claim. To do this you will need a 'comparator' (see below). The comparator could be your male predecessor. Pay Justice can help you to identify a comparator.
Seeking Help
I don't know enough details to make a claim. Can I ask my employer for information?
Yes. If you fill in an Equal Pay form then your employer is obliged to respond to your request for information. If they do not respond within eight weeks then your claim will be strengthened. Pay Justice can help you seek the details you need to make a claim.
Value Of A Claim
Can I claim interest on back pay?
Yes. This is a common part of any compensation package you might be awarded.
When You Can Claim
I have left the employer I wish to claim against. Can I still claim?
Yes, but there are time limits for bringing a claim. You must file your claim within six months of leaving the job.
Do I need to have been employed for a certain length of time before making a claim?
No. There is no minimum service requirement for making claims under the Equality Act.
Can I make a claim using comparator colleagues from another site?
Yes. If you work for the same employer or for a partner organisation and share common terms and conditions then you may be able to make a claim.
Can I still make a claim if I work part-time?
Yes. If you have male colleagues working full-time in the same job then you are entitled to the same pay rate, remuneration and benefits.
Can I make a claim without a comparator?
Yes. To do this you need evidence that you would be paid better if you were male and doing the same job. Pay Justice can advise you about this.
Can I make a claim if someone doing a different job is paid more than me?
No. There is no minimum service requirement for making claims under the Equality Act.