In what circumstances am I entitled to claim equal pay?

The equal pay laws in the Equality Act 2010 apply to all workers, including those working on a part-time, casual or temporary basis. For these purposes, pay includes all contractual elements of wages and salaries (including pensions). 

To bring a claim for equal pay, you need to find a person of the opposite sex, called a 'comparator', who is being paid more than you are by the same employer for doing “like work”, “work rated as equivalent” or “work of equal value”. You and your comparator must be employed by the same or an associated employer, or there must be a “single source” responsible for determining your rates of pay.  

Claims can be made to an employment tribunal at any time during the employment, and within six months of the employment ending.   

Equal pay claims often take the form of ‘group’ litigation, where there are multiple claimants doing the same roles, and are frequently coordinated by the legal department of a trade union. The final ruling will affect the pay of many employees who share the same terms and conditions.    

Before any claim can be brought in the employment tribunal, you must submit an Acas Early Conciliation Notification Form to Acas.   

Time limits in the employment tribunal are strict. If you miss the six-month time limit for your equal pay claim, the employment tribunal will not be allowed to consider it. No extension of time is allowed. It is also possible to bring a claim in the civil courts although, unlike in an employment tribunal, it is not free to do so.