Equal pay is receiving the same compensation or payment in the form of a salary or wages as another person employed in the same capacity fulfilling the same tasks or job description.
Unfortunately, pay gaps still exist in various industries and companies although this is against the law, the average solicitor will continue to deal with many cases.
Discrimination against people with disabilities is another area where a pay gap may exist.
These pay gaps normally exist as a result of some form of discrimination.
The most common form is gender discrimination where women are often paid less than men for doing exactly the same job.
This form of discrimination is illegal and there are steps that an employee can take to ensure that they are being paid a fair wage that is equivalent to that of their co-workers.
Step 1 – Investigate
If there is any reason for concern regarding a pay gap, it is recommended to first find out if you are being paid less than your co-workers. You can simply ask around or conduct an equal pay questionnaire study.
Alternatively, you can do some market research and find out what other companies are paying their employees for the same or similar job.
Be aware that this process can become an issue if you have signed an employment contract that includes a pay secrecy clause.
This will prevent you from asking your colleagues what they are paid and informing other employees of your own income.
Step 2 – Inform Your Employer
You need to inform your employer that you are being paid less than your colleagues and give them the chance to remedy the situation.
If they are unwilling to do so or provide you with a valid reason for the discrepancy in payment, then you can contact a lawyer or your union representative who will take the matter further.
Step 3 – Employee Tribunal
In the event that your lawyer or union rep is unable to negotiate a fair wage, they will call for an employment tribunal.
Your representative will provide evidence of the discrepancy between wages or salaries and will negotiate with your employer for a fair wage.
The lawyer may also seek compensation for lost earnings for the time that you were paid less than your co-workers. Your employer will get the chance to defend your actions and provide evidence.
The employment tribunal will then make a decision as to the outcome of the claim. If your claim is successful, you will receive the wage that was negotiated with your employer and compensation for lost earnings.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
