Equal Pay for Employees

You may be underpaid if you are doing equal work to a colleague of the opposite sex but are paid less. Equal work includes roles that are the same or similar, formally graded as equivalent, or different but of equal value in terms of skill, effort and responsibility. Pay differences can also extend beyond salary to bonuses, commission, pensions, benefits and holiday entitlement. Identifying whether you are underpaid often involves comparing job roles, contractual terms and how pay decisions are made across the organisation.

Your employer is not required to provide you with full pay details about colleagues. However, if you are investigating potential equal pay issues, you are entitled to ask questions about pay structures, pay bands, grading and decision‑making. Importantly, any pay secrecy clause in your contract cannot lawfully prevent you from discussing pay with colleagues for the purpose of establishing whether you are receiving equal pay.

You do not need to have the same job title as your comparator. What matters is the substance of the role. Evidence may include job descriptions, actual duties performed, performance expectations, grading information and organisational structures. In some cases, expert evidence is used to assess whether two roles amount to work of equal value.

Yes, but only in certain circumstances. An employer may justify a pay difference if it is due to a genuine reason unrelated to sex, such as experience, qualifications, location or market factors. If the reason places one sex at a disadvantage, the employer may also need to show that the pay difference is objectively justified and proportionate.

An equal pay claim in the Employment Tribunal usually must be brought within six months of your employment ending. However, claims can include up to six years of back pay. Equal pay claims can also be brought in the civil courts, where different time limits apply. Because limitation issues can be complex, early advice is strongly recommended.

Not necessarily. A gender pay gap looks at overall average pay across an organisation, while equal pay focuses on specific individuals doing equal work. However, pay gap data can sometimes highlight potential issues that warrant further investigation.

Employees often assume they cannot bring an equal pay claim because their job title is different, they negotiated their pay, or they signed a contract. In practice, none of these factors automatically prevent a claim. What matters is whether the work is equal and whether any pay difference can be lawfully justified.

Pay practices are under increasing scrutiny due to legislative reform, workforce expectations and greater transparency around pay. In the UK, changes introduced by the Employment Rights Act 2025 are strengthening employee protections, while the EU Pay Transparency Directive is shaping best practice and recruitment norms. As a result, equal pay issues are more visible and more frequently challenged than in the past.