Discrimination and Equal Pay
All discrimination legislation is contained in the Equality Act 2010. Various protections are extended to employees with any of the following protected characteristics:
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- religion or belief;
- sexual orientation.
Tribunals have the power to award unlimited compensation in discrimination claims.
Equal Pay legislation provides that men and women should receive equal pay for equal work. An employee can bring an equal pay claim in the employment tribunal, and the tribunal can make a declaration of the employee’s rights and an order for payment of any arrears of pay or damages.
Anyone employed under a contract personally to do work is entitled to enjoy contractual terms that are as favourable as those of a male comparator in the same employment, if they are employed on equal work. Equal work will include like work, work rated as equivalent or work of equal value.
An employer may have a defence to an Equal Pay claim if they are able to show that there is a material factor justifying the difference.
An employee may also have a discrimination, unfair dismissal or breach of contract claim.
Instead of bringing a claim in the employment tribunal or court, you could also consider trying to negotiate a settlement agreement with your employer. We have a wealth of experience in successfully negotiating settlement agreements.