Martin Malone discusses this issue which has caused a huge number of public sector claims and is now likely to become more prevalent in the private sector.

Many women in the private sector do not know their rights in respect of equal pay. The common perception is that equal pay is a matter for the public sector and that it takes the form of multiple claims from groups or classes of female employees. While this has been the case in recent years, the Equality Act 2010 paves the way for women in the private sector to challenge their pay if they can demonstrate that she is paid less than someone of the opposite sex (i) in the same employment and (ii) doing like work, work rated as equivalent, or work of equal value. Many women were traditionally put off investigating such matters by pay secrecy clauses, the difficulty of obtaining the information on which to base a case and the threat of recriminations at the cost of their career.

At Canter Levin & Berg, we can advise you from the outset as to your rights in respect of equal pay. We will utilise statutory powers that require employers to answer questions and disclose information relating to salaries of, and the roles undertaken by, potential comparators. We will then advise you thoroughly as to whether you have a case, the value of that case and the legal protection that is afforded to employees bringing equal pay claims. Employees who can found an equal pay claim can recover the difference in pay going back up to six years as well as compensation for sex discrimination.

The most frequently asked questions regarding equal pay are:

How do I find out if a member of the opposite sex is being paid more than me?

If you have prima facie grounds for a believing that a colleague of the opposite sex is being paid more than you for undertaking the same work, you can find out the information needed to establish the facts by utilising the statutory questions procedure. Under this procedure, we ask carefully worded legal questions to your employer who then has to respond and disclose information from pay records if necessary.

I have a pay secrecy clause, does that mean if I lodge a questionnaire I will be in breach of contract?

No. The Equality Act 2010 renders all pay secrecy clauses null and void and introduces a mechanism for protecting employees who enquire about the pay of colleagues.

I am worried about making a claim as I think it would ruin my career.

If an employer treats you less favourably or dismisses you for enquiring about equal pay or bringing an equal pay claim, your employer would be guilty of victimisation and be potentially liable for unlimited damages in respect of your earnings for the rest of your career.

What are the time limits in an equal pay case?

In general there is no time limit unless the difference in pay has been rectified or you have left employment with the offending employer. If you have left employment or the pay difference has been cured you have six months to lodge a claim starting with the termination date of employment or the date on which the pay difference was cured. If you have been subject to a TUPE transfer, it is vital that you get in touch with us as soon as possible and take advice as to the effect of the time limit.